Railway Transport And Passenger Rights And Amend The Railway Act 1957

Original Language Title: Eisenbahnbeförderung und Fahrgastrechte sowie Änderung des Eisenbahngesetzes 1957

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

40. Federal Law, which enacted a federal law on rail transport and passenger rights and amended the Railway Act 1957

The National Council has decided:

Article 1

Federal law on rail transport and passenger rights (Railway Transport and Passenger Rights Act-EisbBFG)

table of contents

Part 1: Transport of persons
1. Main item: passenger rights under Regulation (EC) No 1371/2007

§ 1.

Scope

§ 2.

Derogations from the scope

2. Main piece: passengers with time tickets

§ 3.

Scope

§ 4.

Travel price damages Annual cards

§ 5.

Travel price damage other time tickets

3. Main item: Other passenger rights and other provisions
Section 1: Other passenger rights

§ 6.

Scope

§ 7.

Departure from the passenger

§ 8.

Delay and failure of the train

§ 9.

Refund

Section 2: Other provisions relating to the carriage of persons

§ 10.

Scope

§ 11.

Transport obligation

§ 12.

Presentation of tariffs and timetables

§ 13.

Driving tickets

§ 14.

Entering the platform

§ 15.

Increased fare and other additional charges

§ 16.

Transport of children

§ 17.

Waiting

§ 18.

Seats

§ 19.

Behaviour of passengers

§ 20.

Information requirements

§ 21.

Provision of secondary services

4. Main item: passenger advisory board

§ 22.

Establishment of a passenger advisory board

Part 2: Carriage of goods

§ 23.

Scope

§ 24.

Use of vehicles

§ 25.

Transport obligation

§ 26.

Special promotions

§ 27.

Packaging

§ 28.

Review

§ 29.

Pfandrecht

3. Part: Use of wagons

§ 30.

Scope

4. Part: Use of the infrastructure

§ 31.

Scope

Part 5: Final provisions

§ 32.

Enforcement

§ 33.

Entry into force, external force

Part 1

Transport of persons

1. Main item

Rights of passengers pursuant to Regulation (EC) No 1371/2007

Scope

§ 1. The provisions of Regulation (EC) No 1371/2007 on rail passengers ' rights and obligations, OJ L 327, 30.11.2007, p. No. 1 OJ L 315, 03.12.2007, p. 14, apply to carriage by rail transport undertakings on main railways and connected side-tracks.

Derogations from the scope

§ 2. (1) From the scope of Regulation (EC) No 1371/2007, transport is excluded in urban transport. However, this does not apply to Art. 9, Art. 11, Art. 12, Art. 19, Art. 20 (1) and Article 26 of Regulation (EC) No 1371/2007.

(2) Art. 16, Art. 17, Article 18 (4) and Article 28 of Regulation (EC) No 1371/2007 are excluded from the application to transport in suburban and regional transport. The application of Article 15 in conjunction with Annex I, Title IV, Chapter II of Regulation (EC) No 1371/2007, to the extent that a passenger is obliged to give priority to reasonable conditions of transport in suburban and regional transport, shall also be excluded from the scope of this Regulation. to use alternative public transport, and the amount of compensation is limited to 50 euros for a required taxi use and 80 euros for a required overnight stay. For persons with disabilities and persons with reduced mobility, the costs which were necessary and which exceed the maximum amounts of compensation should also be replaced.

(3) In the conditions of compensation of railway undertakings, suburban and regional transport must be provided with the generic type of train for the trains in question.

2. Main piece

Passengers with time tickets

Scope

§ 3. The provisions of this main item shall apply to carriage of passengers by season tickets or other time tickets on main railways and connected side-tracks. Transport operations in urban transport are excluded.

Travel price damages Annual cards

§ 4. (1) passengers who have an annual ticket and who, during their period of validity, have repeatedly withheld train delays or cancellations, shall be entitled to compensation. For an annual card, only one compensation can be claimed once, with the information of the person who acquired the annual card in the case of transferable annual tickets.

The following procedures must be complied with:

1.

The annual ticket must entitle the person to whom the annual card is acquired must be entitled to transport on the main railways and connected side-tracks, and the use of the specifically designated route must be confirmed.

2.

The procedures laid down by the railway undertaking for the compensation of passengers and the level of the degree of punctuality must not be unreasonable and unreasonable for passengers.

3.

In the event of non-payment of a degree of punctuality to be announced by the railway undertaking in advance, passengers with annual tickets shall receive, once a year at the end of the period of validity, the total amount of compensation resulting from Z 5. The compensation can take the form of vouchers, but at the request of the passenger it must be in the form of a monetary amount. The more detailed provisions shall be laid down in the conditions of carriage. The level of the degree of punctuality has to be at least 95% for the suburban and regional trains.

4.

Whether the degree of punctuality is reached or not is to be determined in the suburban and regional transport sector each month.

5.

The amount of the compensation to be granted in the event of non-payment of the degree of punctuality shall also be disclosed in advance by the railway undertaking. The compensation shall be fixed on a pro rata basis for each month in which the degree of punctuality has not been reached. The amounts shall be equal to or greater than 10% of the ticket price of the concreted part of an annual ticket which is calculated on the basis of this route and shall, in any case, be paid up or down to 50 Cents, amounts of which shall be: from 1 to 25 cents and from 51 to 75 cents rounded off and all other amounts rounded up.

(2) The annual card managing bodies, transport association organisations and railway undertakings shall ensure that the passengers are informed of their rights and obligations in a suitable manner by means of annual tickets. In order to determine the amounts of compensation, the annual maps of managing bodies and transport association organisations have the railway undertakings, taking into account the provisions of the Data Protection Act 2000 (DSG 2000), BGBl. I No 165/1999, as amended, the personal and reference data necessary for the claim for compensation, free of charge, in a form to be determined by common accord and within a time-limit agreed by common accord ,

(3) Railway undertakings shall also have the right to apply the rules governing the compensation of passengers with annual tickets, with the participation of representative organisations of persons with disabilities and persons with reduced mobility Mobility for their transport, quality of service standards and to be published annually in conjunction with their annual report.

(4) The railway undertakings shall, on their Internet site, have free of charge the average monthly delay of their trains in passenger transport on main railways and interlinked trams, in such a way as to ensure that they are all subject to the procedure applicable to the Passengers with annual tickets can, in principle, be able to determine whether there is a right to compensation for the driving price.

Travel price damage other time tickets

§ 5. Passengers who have a different time ticket and who, during the period of validity of their ticket, are repeatedly running against delays or cancellations, shall be subject to appropriate compensation in the conditions of compensation of railway undertakings. .

3. Main piece

Other passenger rights and other provisions

Section 1

Other passenger rights

Scope

§ 6. The provisions of this section shall apply to the carriage of passengers on main railways and connected trams, unless the provisions of Regulation (EC) No 1371/2007 apply. Transport operations in urban transport do not fall within the scope of this section.

Departure from the passenger

§ 7. If a passenger fails to leave the train, he/she shall not be entitled to compensation. However, in the conditions of carriage, it is necessary to determine the conditions under which the fare is to be reimbursed.

Delay and failure of the train

§ 8. (1) If, due to a train delay, the connection to another train is missed, the train falls entirely or on a partial section or if the train has more than sixty minutes of delay, the passenger can

1.

do without further travel and apply for a fee-free, proportional refund of the ticket price in accordance with the conditions laid down in the conditions of carriage and, where applicable, its free return, together with the hand and/or the hand, Travel luggage with the next suitable train to the train station or train station. station, or

2.

continue its journey, with the continuation of the journey without charging an additional ticket price.

(2) In the cases referred to in paragraph 1 Z 1, second half-sentence and Z 2, the railway undertaking shall, where necessary, extend the period of validity of the ticket and shall apply it to the first class of carriage, to a train category with a higher fare or to the first class of carriage, new transport route valid.

(3) The railway undertaking shall, at the request of the passenger, certify the missed connection, the failure or the delay of the train.

Refund

§ 9. (1) The railway undertaking shall, in the case of tickets for individual journeys up to the first day of validity, have to reimburse, in whole or in part, the fare within the period of validity of time tickets and group driving cards if the ticket is not or not is only partially or in the case of group tickets has been used by a smaller number of participants.

(2) The conditions of carriage shall specify the conditions under which the fare is to be reimbursed. Refunds of less than EUR 4 can be excluded from a payout. The railway undertaking may, by means of a specific distribution channel, make the reimbursement of tickets subject to conditions of compliance.

(3) The amount of the refund referred to in paragraph 1 shall be paid free of charge if the ticket is not, or is only partially used, for reasons which the railway undertaking has to represent.

(4) The payment or the payment order for the refund shall be made, except in duly justified cases, within two months of the date of submission of the complete application for reimbursement.

(5) All claims for reimbursement shall be reimbursed if they have not been claimed by the railway undertaking within a period of six months. The period shall begin with the day following the expiry of the period of validity of the ticket.

(6) These provisions for reimbursement shall also apply to the transport association organisations with regard to the provision of rail transport services.

Section 2

Other provisions relating to the carriage of persons

Scope

§ 10. The provisions of this section shall apply to the carriage of passengers by main railways and by side-tracks, unless the provisions of Regulation (EC) No 1371/2007 apply.

Transport obligation

§ 11. (1) The railway undertaking shall be responsible for carrying persons, provided that:

1.

the passenger complies with the rules applicable to the carriage;

2.

the carriage of passengers by the normal means of transport, which meet the regular needs of transport, is possible; and

3.

the transport is not prevented by circumstances which the railway undertaking cannot avoid and which it cannot remedy either.

(2) The more detailed provisions relating to the temporary suspension of the duty to transport must be laid down in the conditions of carriage.

Presentation of tariffs and timetables

§ 12. (1) The railway undertaking shall draw up timetables and fares containing the conditions of carriage and fares, and shall publish timetables and fares at its cost. The timetables and the tariffs shall be published at least on the railway undertaking's website and shall be issued free of charge. A summary of the most important tariff changes and up to one year old versions of the tariffs must also be published on the railway company's website and shall be provided free of charge. The tariffs shall be made available free of charge on request in the staff-occupied sales offices of the railway undertakings. A summary of the main tariff provisions is available in accordance with local conditions in the railway stations or stations. in the case of the sale of tickets on trains, also in ticket vending machines or in other appropriate ways.

(2) Changes in timetables and fares may not be applied until after publication.

(3) The station managers shall enable the railway undertakings to comply with the customer and other information requirements imposed on them. In addition, the station operators shall ensure that the roadmaps in the stations and stations are held in a suitable form. In addition, fares are to be provided in a suitable form.

(4) The tariffs shall be applied to all persons in the same way. The railway undertaking may, however, grant reductions in fares or additional charges, as well as other benefits for certain categories of persons.

(5) The tariffs shall be clear, comprehensible and transparent.

(6) The obligations laid down in paragraphs 1, 2, 4 and 5 shall also be taken by the transport association organisation companies with regard to the tariffs applicable in the respective transport network.

Driving tickets

§ 13. (1) The passengers are to be provided with a ticket.

(2) The ticket shall include the train station, the station of destination, the car class, the fare, the first and last day of the travel, or the last day of the journey. to be included in the period of validity, and in justified cases it may be dismissed.

(3) Passengers must:

1.

shall, until the end of the journey, be accompanied by a ticket and keep it up to the point of departure from the platform, including the access to and departure from the train,

2.

the ticket must be provided to the staff of the railway undertakings at the request of the railway undertaking for verification and shall be handed over and

3.

if necessary, participate in the identification of identity.

(4) The staff of the railway undertakings shall, on request, be able to identify themselves with respect to the passengers.

(5) The suspension of tickets or any other evidence relating to the transport is to be confirmed.

(6) Without prejudice to Article 9 of Regulation (EC) No 1371/2007, railway undertakings shall offer tickets at least at the ticket counter, on the ticket machine or on the trains.

(7) The obligations laid down in paragraphs 1 to 6 shall also be taken by the transport association organisations and their staff with regard to the provision of rail transport services.

Entering the platform

§ 14. Railway platforms can, in principle, be entered without a ticket, with the exception of clearly recognizable platforms for railway platforms.

Increased fare and other additional charges

§ 15. (1) The railway undertakings, station managers and transport association organisations may, in addition to the fare, require additional charges, such as if the passenger does not have a valid ticket, and may require an extra-judicial input of operate or have been carried out in accordance with outstanding claims. This does not affect the judicial assertion of the claims.

(2) The railway undertakings, railway station operators and transport association organisations shall first of all seek to demand open claims by means of a written warning. A reasoned and within one month of raised objections shall be answered in terms of content before any further out-of-court settlement or introduction measures are carried out. The period of opposition shall begin on the day following the submission or notification of the claim.

(3) If a passenger proves to have been the holder of a valid ticket at the time of the determination, such as by the delivery of a driving, reduction, free-travel or other identity card issued by name to his/her person, the to reduce the price increase to a maximum of 10%.

(4) It is particularly important to respect the rights and protection of children and minors.

Transport of children

§ 16. The railway undertaking shall be accompanied by children up to the age of six, but not more than two children per accompanying person, for which a seat is not claimed, without a ticket free of charge and children of the completed Sixth up to the completed 15. The age of life and the younger children for whom a seat is claimed shall be transported at half the normal fare, subject to the rounding according to the tariff, the age of life on the day of the journey.

Waiting

§ 17. The station operator shall, as far as possible and in accordance with local conditions, ensure that waiting rooms or stops available to the passengers in stations are suitable for waiting with adequate conditions Seating and precautions for protection against weather conditions are made available for the entire duration of the plan and off-schedule operation.

Seats

§ 18. 1. The railway undertaking shall lay down the provisions relating to the use of seats, in particular the reservation of seats in the conditions of carriage.

(2) The timetables shall indicate in which trains places are reserved.

Behaviour of passengers

§ 19. The railway undertaking shall be able to provide passengers with the prescribed order or safety in the operation of rolling stock on a railway or on a railway or on the orders of the railway vehicles which are to be maintained by the railway undertaking. Railway undertakings do not observe or disturb persons who are responsible for their condition or conduct, but exclude them from transport; however, passengers with disabilities shall not be allowed to pay due to their Disability should be excluded. Passengers shall not be entitled to reimbursement of the ticket price and the other costs or to compensation.

(2) Passengers against which a legally binding criminal knowledge of serious or non-serious nature is Repeated infringements of the prescribed order or safety in the operation of rolling stock on a railway or transport on a railway, or the orders of staff of the staff of the railway undertaking to maintain them Railway undertakings may be temporarily or permanently excluded from transport by the railway undertaking or, if necessary, permanently.

Information requirements

§ 20. (1) The railway undertakings, station managers, ticket vendors and transport association organisations shall, where possible, provide information in advance, up-to-date and in the most appropriate form.

(2) The railway undertakings shall give passengers the information referred to in Article 8 (1) and (2) of Regulation (EC) No 1371/2007 in the case of suburban and regional transport operations, to the extent that they are reasonably provided for .

(3) Passengers shall be informed of any disturbance likely to result in disturbances such as delays or cancellations of transport services and the likely impact. This shall be appropriate, subject to availability and depending on the extent and timing of the notification of the disturbance. The information shall be provided on the available information channels, such as on the railway undertaking's website, at the station or on the train, for example on the ticket counter, the train attendant, monitors or curtains or in any other appropriate way. In the case of personal bookings such as reservations, there is an increased information obligation on other information technology, provided that the contact details are known to the railway company.

(4) The passenger must inform himself appropriately and in good time about any disturbances, such as delays or cancellations.

(5) The railway undertakings, railway station managers and transport association organisations shall have adequate information on their contact details, on their contact details and on the rail control, on the passengers in the station and on their websites. GmbH as the Schlichtungsstelle (Schlichtungsstelle). This information shall also cover, in particular, persons with disabilities and reduced mobility, safety issues, malfunctions, accidents and loss of luggage.

(6) The railway undertakings and the transport association organisations shall provide passengers with adequate information on the rights and obligations to which they are responsible.

(7) Is the submission of a complaint to the Rail Control GmbH pursuant to Section 78a Railway Act 1957 (EisbG), BGBl. No 60, as amended, railway undertakings, station managers and transport association organisations shall, in response to a complaint by passengers, draw attention to this possibility.

Provision of secondary services

§ 21. The railway undertaking shall be entitled, in the case of the operation of rolling stock on a railway or in the case of transport on a railway, to provide the additional services required in connection with the carriage.

4. Main piece

Passenger Advisory Council

Establishment of a passenger advisory board

§ 22. (1) The Federal Minister for Transport, Innovation and Technology shall set up a passenger advisory board and appoint its members.

(2) The task of the Passenger Advisory Board is in particular the advice of the Federal Minister in matters of passenger rights, as well as the quality criteria for the public service provided by the Federal Government.

(3) The passenger advisory board shall be composed of its members; it shall be

1.

A representative of the Federal Ministry of Transport, Innovation and Technology,

2.

A representative of the Federal Ministry for Economic Affairs, Family and Youth,

3.

A representative of the Federal Ministry of Labour, Social Affairs and Consumer Protection,

4.

A representative of the Rail Control GmbH,

5.

A representative of the Federal Chamber of Labour,

6.

A representative of the Austrian Chamber of Commerce.

(4) The Federal Minister for Transport, Innovation and Technology is chairing the passenger advisory board. He/she can appoint a permanent deputy/permanent deputy.

(5) The appointment of the members of the Passenger Advisory Board shall be limited to a period of four years and may be revoked at any time without giving reasons. A substitute member shall be appointed for each member. This shall be entitled to participate in the meetings of the passenger advisory board.

(6) Membership in the Passenger Advisory Board is voluntary and does not constitute a right to compensation or to a replacement of travel expenses.

(7) The Chairperson of the Passenger Advisory Board The permanent deputy/permanent deputy can, in individual cases, use non-members (information staff, experts) to participate in the passenger advisory board.

(8) The meetings of the Passenger Advisory Board shall be convened at least annually by the Chairperson/Chairperson and shall be convened if this is requested in writing by half of the members of the Advisory Board. Meetings of the Passenger Advisory Council shall be convened at all times with the announcement of the agenda and with an appropriate lead time.

(9) The meetings of the passenger advisory board shall not be public. The information, data and matters relating to its activities in the passenger advisory board relating to its activities shall be retained. This does not apply to the reporting of a member to the organization that is being sent.

(10) With a two-thirds majority, the Passenger Advisory Board has to draw up a point of order which requires the approval of the Federal Minister for Transport, Innovation and Technology.

Part 2

Transport of goods

Scope

§ 23. (1) Art. 3, Articles 6 to 10, Art. 11 (2) and (3), Articles 12 to 26, Articles 28 to 37, Articles 39 to 45 and Articles 47 to 52 of Annex B (CIM) to the transport of goods on the main railways and other side-tracks shall be those of Art. 3, Articles 6 to 10, Articles 12 to 26, Articles 28 to 37, Articles 39 to 45 and Articles 47 to 52 of Annex B (CIM). Convention of 9 May 1980, BGBl. No 225/1985, on International Carriage by Rail (COTIF), as amended by the Protocol of 3 June 1999, BGBl. III No 122/2006, in the version in force for Austria, even where such transport is not within the scope of Annex B (CIM) to the Convention of 9 May 1980 on International Carriage by Rail (COTIF) in the Version of the Minutes of 3 June 1999.

(2) Art. 16 § 2 lit. shall be referred to a carriage pursuant to paragraph 1. a second indent of Annex B (CIM) to the Convention of 9 May 1980 on International Carriage by Rail (COTIF), as amended by the Protocol of 3 June 1999, to the effect that the maximum delivery period for carriage loads shall be applied to Absence of a corresponding agreement on the delivery period for a period of transport for each 500 km of 24 hours.

(3) Article 6 (8) of Annex B (CIM) to the Convention of 9 May 1980 on International Carriage by Rail (COTIF), as amended by the Protocol of 3 June 1999, shall apply to a transport pursuant to paragraph 1, subject to the condition that: CIM consignment note can also be used for national transport. However, another consignment note may also be used for the carriage referred to in paragraph 1.

(4) The provisions relating to the performing carrier of Annex B (CIM) to the Convention of 9 May 1980 on International Carriage by Rail (COTIF), as amended by the Protocol of 3 June 1999, are not applicable to a carriage pursuant to paragraph 1 applicable.

(5) Without prejudice to Art. 15 § 4 lit. Annex B (CIM) to the Convention of 9 May 1980 on International Carriage by Rail (COTIF), as amended by the Protocol of 3 June 1999, provides for customs and other legislation as long as the goods are on the road from: railway undertakings.

(6) § § 24 to 29 shall also apply to carriage pursuant to paragraph 1.

Use of vehicles

§ 24. The railway undertaking shall have the right to collect, collect and supply luggage and goods with vehicles which are not bound to the rails, and to have them collected and supplied.

Transport obligation

§ 25. (1) The railway undertaking shall carry goods if the carriage of certain goods by other means of transport is not legally permissible and the conditions necessary for the transport of such goods on main railways and Side panels are given.

The railway undertaking may lay down the charges for such transport in accordance with the principles of reasonable cost and industry pay.

Special promotions

§ 26. (1) In the event of exceptional circumstances or economic unacceptability, agreements that deviate from this Federal Act may be set up for the carriage of goods between the railway undertaking and the customer.

(2) In order to promote the carriage of goods by the railway undertaking as cargo, it may, in accordance with the provisions of this Federal Act, lay down different provisions in the conditions of carriage.

(3) In the case of operating restrictions, the railway undertaking may, in whole or in part, cease the implementation of the contract of carriage. This shall, if possible, be communicated to the customer concerned without delay in an appropriate manner or in an appropriate manner.

Packaging

§ 27. (1) The sender shall pack the goods which require packaging in such a way that it is protected against total or partial loss and against damage during transport, and that it does not infringe any person or equipment or other goods. damage.

(2) In the case of special provisions on packaging from a railway undertaking, the packaging must comply with those provisions.

Review

§ 28. The railway undertaking shall be entitled to check at any time whether the conditions of carriage have been complied with and whether the consignment is in conformity with the information provided by the sender in the consignment note. If the verification refers to the content of the consignment, it shall, if possible, take place in the presence of the person entitled to dispose of the consignment. If this is not possible, the railway undertaking has to join two witnesses.

Pfandrecht

§ 29. (1) The railway undertaking shall have a lien on the good to which the claims relate to all claims which are entitled to it pursuant to this Federal Act or the tariff, unless it is the absence of the authority of the sender, via who knew, knew or had to know the good. The lien of the railway undertaking shall have the advantage before the lien of other carriers, the freight forwarders or the commissioners. It shall be as long as the goods are in the custody of the railway undertaking or of a third party which holds it for the railway undertaking.

(2) The railway undertaking may sell the deposit for the provision of its claims. § § § 466 ff. of the General Civil Code (ABGB), JGS No 946/1811, as amended, are to be applied.

Part 3

Use of wagons

Scope

§ 30. The use of railway wagons as a means of transport for the carrying out of transport operations on main railways and subways shall be Articles 2 to 10 and 12 of Annex D (CUV) of the Convention of 9 May 1980, BGBl. No 225/1985, on International Carriage by Rail (COTIF), as amended by the Protocol of 3 June 1999, BGBl. III No 122/2006, in the version applicable to Austria, even if such transport does not fall within the scope of Annex D (CUV) to the Convention of 9 May 1980 on International Carriage by Rail (COTIF) in the Version of the Minutes of 3 June 1999.

Part 4

Use of infrastructure

Scope

§ 31. The use of the railway infrastructure for transport on main railways and subways shall be Article 1 (2), Articles 3 to 23 and Article 25 of Annex E (CUI) to the Convention of 9 May 1980, BGBl. No 225/1985, on International Carriage by Rail (COTIF), as amended by the Protocol of 3 June 1999, BGBl. III No 122/2006, in the version in force for Austria, even if such transport does not fall within the scope of Annex E (CUI) to the Convention of 9 May 1980 on International Carriage by Rail (COTIF) in the Version of the Minutes of 3 June 1999.

Part 5

Final provisions

Enforcement

§ 32. The Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology), in agreement with the Federal Minister for Justice, is responsible for the enforcement of this federal law.

Entry into force, external force

§ 33. (1) This federal law shall enter into force on 1 July 2013. Section 4 (4) occurs with 1. Jänner 2014 in force. Section 20 (3), last sentence, occurs with 1. Jänner 2015 in force.

(2) With the entry into force of this Federal Act on 1 July 2013, the Federal Act of 10 March 1988 on the carriage of persons, luggage and goods by rail (Railway Transport Act-EBG), Federal Law Gazette (BGBl). No 180/1988, and the Federal Act on Regulation (EC) No 1371/2007 on the rights and obligations of rail passengers, BGBl. I No 25/2010, except for force.

Article 2

Amendment of the Railway Act 1957

The Railways Act 1957, BGBl. N ° 60, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. § 22a together with headline reads:

" Rates and conditions

§ 22a. The tariffs for the provision of railway services in passenger transport on main railways and interconnected runways shall be subject to the conditions of carriage, including the conditions of compensation, in particular in accordance with the rail transport and transport system; Passenger Rights Act (EisbBFG), BGBl. Regulation (EC) No 40/2013, and Regulation (EC) No 1371/2007 on rail passengers ' rights and obligations, OJ L 327, 30.11.2007, p. No. L 315 of 03.12.2007 S 14. '

2. In accordance with § 22a, the following § 22b and heading is inserted:

" Announcement of the transport conditions to the rails-Control GmbH

§ 22b. The railway undertakings shall have the conditions of carriage, including the conditions of compensation, for the provision of rail transport services in the passenger transport sector on the main railways and interlinked tramways, prior to their publication of the Rails-Control GmbH to announce.

(2) The terms and conditions of carriage which have been declared ineffective by the Rail Control Commission in accordance with Section 78b shall be announced by the railway undertakings within a reasonable period prior to the publication of the Rail Control GmbH. Rails-Control GmbH shall submit these conditions of carriage of the rail control commission without delay. Following its submission by Rail-Control GmbH, the Rail Control Commission has decided to establish, on its own initiative, within ten weeks, whether it is against federal, directly applicable European Union law or international law Legislation is in breach.

(3) The information referred to in paragraph 1 and paragraph 2 shall be made in accordance with the procedures laid down by Rail Control GmbH.

(4) The obligations laid down in subsection (1), (2) and (3) shall also apply to the transport association organisation companies with regard to the tariffs applicable in the respective transport network. "

2a. In § 70a, the following paragraph 4 is added:

"(4) Written contracts pursuant to para. 1 and 2 shall not be subject to the legal transaction fees in accordance with the Fees Act of 1957."

3. § 78a together with the title is:

" Schlichtungsstelle

§ 78a. (1) Without prejudice to the competence of the ordinary courts or authorities, local authorities, interest groups and customers may complain of complaints which may result in the transport of passengers, luggage or goods on main railways and trams. , and which have not been satisfactorily resolved by a railway undertaking or a transport association, provided that they are in connection with the provision of such services, the Rails-Control GmbH. Rails-Control GmbH has in any case the complaints submitted by local authorities and advocates of interest and the complaints submitted by customers of fundamental importance or above-average accumulation of the same kind of To deal with complaints.

(2) Without prejudice to the competence of the ordinary courts or authorities, local authorities, interest groups and passengers may complain of alleged contraventions of the applicable provisions of Regulation (EC) No 1371/2007 or of the Railway Transport and Passenger Rights Act and the alleged unlawful regulations in the Conditions of Carriage, including the conditions of compensation (§ 22a) at the Rail Control GmbH.

(3) The Rail Control GmbH shall endeavour to seek a friendly solution between the parties, both on complaints pursuant to paragraph 1 and on complaints pursuant to paragraph 2. Otherwise, it shall inform the parties concerned of their views and may make a recommendation, which is not binding and not enforceable, for the settlement of the matter. In a directive, rails-Control GmbH has to establish a procedure in accordance with paragraph 1 and paragraph 2 and to publish it on its website. Affected companies have to cooperate and, upon request by the Rail Control GmbH, to provide all information necessary for the assessment of the relevant information and to submit documents.

(4) The Rail-Control GmbH has to inform the Rail Control Commission about complaints concerning the conditions of compensation in accordance with section 2 and the conditions of compensation if there is no consensual solution. The Rail Control Commission may, in the event of a complaint by a passenger, say in the event of delays or cancellations, that the recommendation of the Rail Control GmbH should be due to an alleged breach of the applicable law. Provisions of Regulation (EC) No 1371/2007 or of the Railway Transport and Passenger Rights Act shall be declared binding.

(5) The Rail Control GmbH has to draw up a report on customer satisfaction in the railway sector in general and on the complaints made in particular each year. The report shall be published in an appropriate manner, in any case on its website. Railway undertakings shall provide the rail control GmbH with information on customer satisfaction at their request, provided that the relevant data or information is available on this. "

4. § 78b reads:

" Declaration of Ineffectiveness by the Rail Control Commission

§ 78b. (1) The Rail Control Commission shall, on its own initiative, in respect of conditions of carriage, including the conditions of compensation, for the provision of railway services in passenger transport on main railways and interconnected side-tracks, or to be declared invalid in part if they violate federal law, directly applicable Union law or international law.

(2) In the case of the declaration of ineffectiveness, the Rail Control Commission shall at the same time state the date from which the provisions to be revised shall be revised. At the same time as the declaration of ineffectiveness or a partial declaration of ineffectiveness, the Rail Control Commission has to prohibit the railway undertaking or the transport association organisation company from using the provisions declared ineffectual, and to rely on them. In addition, the Rail Control Commission can apply the modalities for the production of the lawful condition. "

§ 167 reads:

" § 167. (1) Who

1.

the tariffs do not include any conditions of carriage or compensation in accordance with section 22a,

2.

shall not comply with the obligation to disclose the conditions of carriage in accordance with Section 22b;

3.

the personal and reference data required for the claim for compensation are not free of charge, in a form to be determined by common agreement and within a time-limit laid down by common accord in accordance with Article 4 (2) of the railway transport and transport system; and Passenger Rights Act,

4.

the obligation to provide information and information in accordance with Section 78a (3) and (5) does not result, or

5.

a decision by the Rail Control Commission in accordance with § 78b),

is a transgressing and is punishable by the district administrative authority with a fine of up to EUR 7 000, in the event of a repetition of up to 10 000 euros.

(2) Those who are serious against the provisions of Regulation (EC) No 1371/2007 or are serious in respect of other provisions of the 1. to 3. Main item of the 1. Part of the EisbBFG is subject to an administrative surrender and is punishable by the district administrative authority with a fine of up to 7 000 euros, in the event of a fine of up to 10 000 euros. "

6. In the table of contents the entry to § 22a reads:

" § 22a. Tariffs and conditions "

7. In the table of contents, the following entry is inserted after the entry in section 22a:

" § 22b. Announcement of the Conditions of Carriage to rails-Control GmbH "

8. In the table of contents the entry is to § 78b:

" § 78b. Declaration of impotence by the Rail Control Commission "

Fischer

Faymann