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Legal aspects of rail travel KlimaTicket delay compensation

What rights do I have with a KlimaTicket? What do passengers have to bear in mind and how do they assert their claims?

KlimaTicket holders are entitled to compensation in the event of frequent train delays or cancellations (excluding urban transport). A punctuality rate of at least 95 percent applies to regional transport. Railway companies, such as WESTbahn, which only operate long-distance services, generally set their own punctuality rates. WESTbahn currently has a punctuality rate of 90.01 percent.

 

Verbund-KlimaTicket

Generally, the transport alliance (exception: VOR), which issues the Verbund-KlimaTicket, asks its customers for their consent as to whether they wish to participate in compensation proceedings. If you consent, the transport alliance will send your data to the respective railway company, which will check the data and determine whether the punctuality rate was not met in one month of validity of the KlimaTicket. As a rule, railway companies receive the data on punctuality rates from the infrastructure operators. For example, ÖBB-Personenverkehr AG receives the data from the ÖBB infrastructure.

If the legal punctuality rate of at least 95 percent (the actual punctuality rate can be found on the railway company's website) for all railways in Austria (exception: WESTbahn) is not reached in one month, you receive compensation once a year, at the end of your KlimaTicket’s validity period, credited to the bank account you specified. Check whether you have registered and, if so, whether your details (route, account details, etc.) are correct at least once a year. The railway companies publish the monthly punctuality rates on their websites. This makes it possible for passengers to check punctuality.

Verbund-KlimaTicket holders must ensure that they register for compensation when purchasing their KlimaTicket. Once the KlimaTicket is purchased, an information and registration letter regarding the compensation is sent by the respective railway company or the KlimaTicket’s issuing office.

In the case of the Verbund-KlimaTicket, claims are asserted after registering with the transport alliance by consenting to the transfer of data to the respective railway company. The latter shall request in writing that KlimaTicket holders provide their details in order to be automatically compensated after the KlimaTicket expires.

 

Other KlimaTickets ("ÖBB-Österreichcard", WESTbahn-Jahresnetz-Tickets and other railway companies)

In the case of other KlimaTickets, the railway companies generally determine their own compensation. With the ÖBB-Österreichcard, a confirmation of the delay or a reservation for the train affected by the delay must be obtained for every delay of 30 minutes or more of a long-distance train used. The passengers concerned receive compensation from the railway company for every three delays, which varies according to the type of Österreichcard. Travellers with a First Class Österreichcard receive EUR 30 each, those with a Second Class Österreichcard receive EUR 20 each. This is only possible up to a maximum of 10 percent of the Österreichcard’s price.

Information can be found on the respective railway companies’ websites.

The legal bases are Article 17 of Regulation (EU) no. 1371/2007 and Articles 4 and 5 of the Railway Transportation Act.

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