Carriage Conditions

Passenger rights in local rail passenger transport in the event of train delays, train cancellations and resulting missed connections

1. remains free

1.1 remains free

1.2 remains free

1.3 remains free

2. Determining an expected delay and connecting services

2.1 Information media

As a basis for a forecast decision as to whether, in the light of these passenger rights, a delay at the destination giving rise to a claim can reasonably be expected, the passenger must in particular take the following media into account:

1. posted timetables and posted information about timetable changes at stations
2. electronic displays and loudspeaker announcements on trains and at stations
3. timetable information from booking systems at staffed sales outlets
4. available timetable information and passenger information media

2.2 remains free

3. Continuing the journey in the event of delays and choosing an alternative train

3.1 remains free

3.2 remains free

3.3 remains free

3.4 Use of an alternative means of transport

If a traveller holds a ticket that is valid exclusively in local public transport (ÖPNV), the contractually agreed arrival time falls between 0:00 and 5:00 and it must reasonably be assumed that, due to the cancellation or delay of the train chosen by them under the transport contract, the traveller will arrive at the destination at least 60 minutes late, the traveller may complete the journey to the contractually agreed destination using another means of transport. The same applies if it is the last scheduled connection of the day and, because of the cancellation of this train, the traveller can no longer reach the contractually agreed destination by 24:00 without using the alternative means of transport.

 If no public transport is available for the traveller’s onward journey from the contractually agreed destination to their actual destination, the traveller may instead use the alternative means of transport to reach their actual destination, subject to the maximum amount under No. 3.5.

3.5 Reimbursement of expenses when using an alternative means of transport

If the customer makes use of their right under No. 3.4, they may claim from the railway undertaking whose cancelled or delayed train led to the use of another means of transport the reimbursement of the necessary expenses up to a maximum amount of 80.00 euros. The traveller is under a duty to mitigate loss. This means that reimbursement of the necessary expenses for using another means of transport cannot be claimed if an alternative transport option (e.g. bus, shared taxi) has been provided by the railway. If this is not the case, there is an entitlement to reimbursement of the expenses for the cheapest alternative means of transport actually available.

 3.6 Exemption from liability of the railways when using alternative means of transport

No right to reimbursement of expenses for using other trains or other means of transport under No. 3.2, No. 3.4 and No. 3.5 exists if an exculpatory circumstance applies:

1. circumstances external to the operation which the operating railway undertaking (RU) could not avoid despite exercising the care required in the circumstances and the consequences of which it could not avert;
2. fault on the part of the traveller;
3. conduct of a third party which the operating RU could not avoid despite exercising the care required in the circumstances and the consequences of which it could not avert.

If one of the exculpatory causes referred to under 1. or 3. is present, however, the carrier may rely on it only if the passengers were informed of the cause in good time or the cause was obvious. The information is provided via one or more of the channels set out under No. 2.1.

The operator of the railway infrastructure on which the transport takes place is not to be regarded as a third party in relation to the railway undertaking.

4. Principles for refunds and compensation in the event of delay

4.1 Refund and compensation

In the event of cancellation or delay of trains and in the case of resulting missed connections, the passenger is entitled

1. to a refund if they have ended the journey early because of an expected delay of more than 60 minutes at the destination station (No. 5), or
2. to compensation if they have continued the journey to the destination station and arrived there at least 60 minutes late (No. 6)

Simultaneous refund and compensation for the same journey are excluded.

4.2 Tickets eligible for refund and compensation

Tickets eligible for refund or compensation are those sold by a railway or by a "ticket seller" commissioned by it in the name and on the account of the railway. For the purposes of Art. 3 No. 7 of Regulation (EC) 1371 / 2007, a "ticket seller" is any intermediary of railway transport services who concludes transport contracts for a railway undertaking or on their own account and sells tickets.

4.3 Persons entitled to refund and compensation

Entitled to a refund or compensation, apart from No. 4.4, is the passenger, their legal successor, their legal representative or the person to whom the passenger has assigned their claim. The contractual carrier, ticket seller or the EVU passenger rights service centre liable for compensation or refund may require proof of the assignment. Even if a ticket is valid for several persons, the claim exists only once. In so far as the ticket is a personal ticket, proof of identity with a valid official photo ID must generally be provided for the refund or compensation. Compensation for time tickets without relation to a route (e.g. remains free) is generally handled by the EVU "Servicecenter Fahrgastrechte", unless a different arrangement has been made in No. 11.3.

4.4 Paid and free-of-charge transport

The basis for compensation is the fare actually paid by the traveller for the journey. If there is an entitlement to free carriage under statutory provisions or if the traveller was carried free of charge on the basis of other provisions, there is no entitlement to a refund or compensation. If no price is entered on the ticket, the traveller must provide proof of payment for the fare paid, remains free.

4.5 Definition of "time tickets"

A "time ticket" within the meaning of these passenger rights is a ticket valid for an unlimited number of journeys which entitles the holder to travel by rail on a specific route or within a specific network during a specified period. This includes route and student season tickets as well as network or partial network tickets, and also tickets with a validity of less than seven days if they include entitlement to travel in accordance with sentence 1. An entitlement to travel until the end of service or until 3 a.m. on the following day counts as belonging to the day of validity.

5. Fare refunds in the event of cancellation, delay or missed connection

5.1 Scope of the refund

Instead of continuing the journey or continuing with a changed route under No. 3, the passenger has the option of ending the journey before reaching the destination station, provided that it must reasonably be assumed that their delay at the destination station on their itinerary according to the ticket will be more than 60 minutes. In this case, the passenger is entitled to a free refund of the fare paid for this journey, namely:

1. for the section not travelled, or
2. remains free
3. remains free.

5.2 Responsibility for the refund

A refund for the aforementioned reasons is only possible if the passenger can prove that they had reasonable grounds to assume that they would be affected by the cause stated as the reason for the interruption of the journey (train cancellation, train delay or resulting missed connection), or that they were in fact affected by it. Refunds due to train delays, train cancellations and missed connections are processed:

1. if the journey is not undertaken, by the company that issued the ticket
2. if the journey is interrupted, upon request, by the Servicecenter Fahrgastrechte

6. Fare compensation in the event of cancellation, delay or missed connection

6.1 Entitlement to fare compensation

Without losing the right to be carried, the passenger is entitled to fare compensation if, due to cancellation or delay of trains or a resulting missed connection, they suffer a delay of at least 60 minutes between the start and destination stations shown on their ticket.

6.2 Calculation of compensation for single journey tickets

For route-based single journey tickets, compensation for a delay suffered at the destination of the ticket is:

1. from 60 minutes: 25% of the fare actually paid
2. from 120 minutes: 50% of the fare actually paid

6.3 remains free

6.4 Compensation amounts below 4.00 euros

Fare compensation for route-based single journey tickets as well as return tickets with a payout amount of less than 4.00 euros will not be paid out.

6.5 remains free

6.6 Affected by an event giving rise to a claim

In particular for time tickets without relation to a route, compensation due to cancellation, delay or resulting missed connections is only possible if the passenger can prove that they were in fact affected by the cause stated as the reason for the delayed arrival at the destination of their journey.

6.7 Exceptions to fare compensation

There is no entitlement to fare compensation if the traveller was informed of a delay before purchasing the ticket or if their delay at the contractually agreed destination is less than 60 minutes due to continuing the journey on another route, with another train or with an alternative means of transport provided by the railway or chosen by themself.

7. Assistance in the event of cancellation, delay or missed connection

7.1 Overnight and notification costs

The contractual carrier whose cancellation or delay is responsible for the traveller being unable to continue their journey on the same day, or for continuation on the same day being unreasonable, is liable to the traveller for the resulting loss. Damages include the reasonable costs incurred by the traveller in connection with overnight accommodation and with notifying persons expecting them. The contractual carrier is exempt from liability if an exculpatory circumstance under No. 3.6 applies.

7.2 Free accommodation

Where practicable, the contractual carrier whose cancellation or delay makes a stay of one or more nights necessary offers free accommodation in a hotel or other accommodation. Where practicable, a free alternative transport service may also be offered instead of overnight accommodation.

7.3 Organisation of alternative transport services

If a train is blocked on the route or there is no possibility of continuing a transport service, the railway shall organise, as quickly as possible, a free alternative transport service to the station, to an alternative departure point or to the destination of the transport service, provided this is practicable.

7.4 Delay confirmation

On the passenger’s request, the railway undertakings must confirm on the ticket, in each individual case, that the service was delayed, caused a missed connection or was cancelled. Where this is not possible or not appropriate due to the nature or characteristics of the ticket, this confirmation may also be provided by a separate delay certificate or on a form entitling the traveller to assert their claims. If the train crew can confirm a delay that has occurred but not a missed connection from their own knowledge, they must certify this.

8. Persons with disabilities and persons with reduced mobility

8.1 Legal basis for free carriage

The carriage of severely disabled persons and their accompanying persons is carried out in accordance with Sections 145 et seq. of the Social Code – Book Nine – (SGB IX).

8.2 remains free

8.3 remains free

8.4 Refund / compensation

For refunds and compensation due to cancellation or delay of trains, the provisions under No. 4.4 apply.

9. Transport of luggage

9.1 Prices and conditions

The conditions and prices for the transport of luggage arise from the transport conditions of the contractual carrier(s).

9.2 Legal basis

The transport of luggage and liability are governed by Chapter III, Article 11 and Annex I Title IV Chapters I, III and IV as well as Titles VI and VII of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations (OJ EU No. L 315 p. 14).

10. Complaints, procedure for asserting claims for damages

10.1 General customer submissions

General customer submissions, suggestions and complaints should be addressed to the respective affected contractual carrier (railway undertaking), which will process or respond to submissions addressed to it and concerning itself.

10.2 Applications for fare refunds

If a fare is to be refunded under No. 5, a refund application must be submitted to the "ticket seller" from whom the ticket was purchased, provided that the journey was not undertaken due to the cancellation or delay of a train. If the journey was interrupted due to a delay event, refund applications together with a fully completed "Passenger Rights Form" and the original documents must be addressed to RDC AUTOZUG Sylt GmbH, Servicecenter Fahrgastrechte, Gather Landstraße 75a, 25899 Niebüll.

10.3 Applications for fare compensation

Applications for fare compensation under No. 6 due to cancellation or delay of trains or resulting missed connections must be submitted together with a fully completed "Passenger Rights Form" and attached original supporting documents to the following office:

RDC AUTOZUG Sylt GmbH

Servicecenter Fahrgastrechte

Gather Landstraße 75a

25899 Niebüll

Refund and compensation applications must be submitted in German with a "Passenger Rights Form" and the documents establishing the journey and the compensation or refund claim (tickets, receipts, etc.). Instead of the original receipts, copies may be enclosed if the traveller still needs the originals (e.g. remains free). The obligation to produce the original receipts at the request of the contractual carrier for the purpose of checking their accuracy remains unaffected. For refunds under Nos. 3.2, 3.4 and 3.5, the original receipts must be submitted.

10.4 Choice of the type of refund / compensation

Payment of refund and compensation claims is made, in accordance with the traveller’s preference, by bank transfer, as a voucher or in cash. Cash payment is only possible at staffed stationary sales outlets of the contractual carriers involved in the transport contract, with a fully completed Passenger Rights Form bearing a confirmed delay and submission of the original receipts. Delay compensation can only be made there for cases under Nos. 6.2 and 6.3. Where the ticket is personal, proof of identity is required. If the identity of the person submitting the claim and the entitled holder of a personal ticket do not match, a declaration of assignment from the entitled holder must be enclosed.

10.5 Information on passenger rights and Passenger Rights Form on the internet

Further information on passenger rights and the compensation procedure is available, among other places, on the internet at www.fahrgastrechte.info. The form "Passenger Rights Form" can also be downloaded or printed there.

10.6 Payment of compensation claims

If the Passenger Rights Form completed by the traveller and confirmed by a punch mark or stamp imprint of the issuing office, together with the corresponding original ticket, is submitted at a staffed stationary sales outlet of the contractual carriers involved in the transport contract, the traveller will receive payment of the compensation amount on request, provided that the sales outlet is technically able to process it and sufficient cash funds are available. A contractual carrier may also provide for payment at offices other than its own sales outlets. In other cases, the compensation claim will be processed by the Servicecenter Fahrgastrechte together with the Passenger Rights Form and the ticket or a copy of the ticket. remains free. The claim must be asserted within one year after the expiry of the validity of the ticket.

11. Conciliation and national enforcement bodies

11.1 Conciliation

Your concerns and your satisfaction are important to us. Your enquiries are answered by us and our partners competently, in a customer-focused manner and as promptly as possible. Nevertheless, differing views can arise. We are therefore a member of the SÖP (Conciliation Body for Public Passenger Transport).

You may contact this body if you do not agree with our response to your complaint. The consumer conciliation body recognised by the Federal Government will examine your matter and prepare a conciliation recommendation – free of charge for you – for an amicable and out-of-court settlement of the dispute.

Contact: söp_Schlichtungsstelle für den öffentlichen Personenverkehr, Fasanenstr. 81, 10623 Berlin, www.soep-online.de

11.2 National enforcement bodies / Eisenbahnbundesamt

Under Section 5(1a) of the AEG (General Railways Act), the rail supervisory authorities are responsible for dealing with complaints about suspected breaches by railways, tour operators and "ticket sellers" of the passenger rights laid down by law. Complaints may also be addressed to the Eisenbahn-Bundesamt.

You can download the reimbursement form here: PDF reimbursement form