40. Federal law, enacted a federal law on railway transport and the rights of passengers with the Railway Act 1957 is amended
The National Council has decided:
Federal law on railway transport and passenger rights (railway transport- and passenger rights law - EisbBFG)
Table of contents
1 part: Transportation of passengers 1 main piece: passenger rights under Regulation (EC) No. 1371/2007 § 1 scope § 2.
Exceptions from the scope of application 2 main pieces: passengers with season tickets in section 3.
§ 4 scope.
Fare compensation annual tickets section 5.
Fare compensation other season tickets 3 main pieces: more passenger rights and other terms and conditions article 1: more passenger rights article 6.
Scope of application of section 7.
Exit failure by the passenger section 8.
Delay and loss of turn § 9.
Reimbursement 2nd section: other provisions relating to the carriage of persons § 10.
Scope of section 11.
Article 12 obligation to carry.
Announcement of tariffs and timetables § 13.
§ 14 tickets.
Entering the section 15 platforms.
Increased fare and other additional charges section 16.
Transport of children article 17.
Waiting opportunity § 18.
§ 19 seats.
Behavior of passengers article 20.
Information requirements of paragraph 21.
Provision of fringe benefits 4 main units: passenger Advisory Council section 22.
Establish a passenger Advisory Board 2nd part: transport of goods article 23.
Scope of section 24.
Use of vehicles section 25.
Obligation to carry section 26.
Special promotions section 27.
Packaging section 28.
Review section 29.
3. right of lien part: use of carriage § 30.
4. scope of application part: use of the infrastructure section 31.
5. scope part: final provisions article 32.
Enforcement section 33.
Entry into force, expiry of 1 part
Transport of persons
1. main piece
Passenger rights under Regulation (EC) no 1371/2007
Scope of application
§ 1. The provisions of Regulation (EC) no 1371/2007 on the rights and obligations of passengers in railway transport, OJ S 14, no. L 315 of the 03.12.2007 are to apply to carriage of passengers by railway undertakings on main lines and networked branch lines.
Exceptions from the scope of application
§ 2 (1) of the scope of Regulation (EC) no 1371/2007 a city transport is excluded. This does not apply 20 para 1 and article 26 of Regulation (EC) but the article 9, article 11, article 12, article 19, article no. 1371/2007.
(2) the application advancement in the suburban and regional services the article 16, article 17, article excludes 18 para 4 and article 28 of Regulation (EC) No. 1371/2007. The application of article 15 in conjunction with Annex I is title IV, chapter II of which regulation (EC) 1371/2007 as a passenger is no. insofar excluded, to use mainly reasonable alternative public transport, and the amount of compensation with 50 euro for a required use of taxi and with 80 euros for a required overnight stay is limited to carriage in the suburban and regional services. For persons with disabilities and persons with reduced mobility are also those costs that were necessary and exceed the maximum amounts of compensation, to replace.
(3) the suburban and regional services is in the compensation conditions of the railway companies with the generic name of the train for the respective trains.
2. main piece
Passengers with season tickets
Scope of application
§ 3. The provisions of this main section are to apply to carriage of passengers with season tickets and other season tickets on main lines and networked branch lines. City transport are excluded.
Fare compensation year cards
4. (1) passengers, who have an annual pass, and which happened to repeatedly train delays or cancellations during its period of validity are entitled to compensation. Compensation can be, claimed only once and in transferable annual season ticket information the person shall govern, which acquired the year cards for an annual pass.
The following modalities are keeping up:
1. the annual pass must entitle to promotions on main lines and networked branch lines and the use of concrete used route must be confirmed by the person who acquired the annual pass.
2. the modalities provided by the railway company for fare compensation and the height of degree of punctuality can be unreasonable for passengers and unreasonable.
3. when not reaching a degree of punctuality to be known by the railway undertaking in advance passengers with season tickets get once in the year to the end of the period of validity unsolicited himself from Z 5 resulting total amount of compensation. The compensation may take the form of vouchers, she must be at the request of the passenger, however in the form of a monetary amount. The detailed provisions are to lay down the conditions of carriage. The height of degree of punctuality has to meet at least 95% for the trains in the suburban and regional services.
4. whether the degree of punctuality is achieved or not, is to identify each per month in the suburban and regional services.
5. the amount of compensation to be awarded for not reaching the level of punctuality is to announce also in advance by the railway undertaking. The compensation is proportionately for each month in which the degree of punctuality was not achieved to set. The amounts have to be at least 10% of the interest calculated on this month fare of attributable specifically to this route railway share of an annual card and are in any case on 50 cent amounts or complete, which are amounts rounded off from 1 to 25 cents and 51 to 75 cents and all other amounts rounded up.
(2) the authorities manage annual passes, Verkehrsverbund organization companies and railway companies have to ensure that passengers with annual passes on their rights and obligations in appropriate manner will be informed. The authorities manage season tickets and Transport Association Organization companies for determining the amounts of compensation the railway undertakings, taking into account the provisions of the data protection Act 2000 (DSG 2000), Federal Law Gazette I have no. 165/1999 amended and the persons necessary for the compensation claim - ticket data free of charge, to provide in a form to be determined by mutual agreement and within a mutually agreed time.
(3) the railway undertakings have also for the application of the arrangements relating to the fare compensation for passengers with annual passes, with the participation of representative organizations of persons with disabilities and persons with reduced mobility for the carriage, to define service quality standards and to publish annually together with their annual report.
(4) the railway company have on its website free of charge the average monthly delay of their passenger trains on main lines and networked branch lines in the form of, that it is all taking part in the procedure for the compensation of the fare passengers with season tickets in principle possible, to determine whether a fare compensation claim.
Fare compensation other season tickets
5. passengers who have an other season ticket and which repeatedly happened to delays or cancellations during the period of validity of their ticket is to grant adequate compensation the compensation conditions of railway undertakings.
3. main piece
More passenger rights and other provisions
More passenger rights
Scope of application
§ 6. The provisions of this section are to apply to the carriage of passengers on main lines and networked branch lines, insofar as the provisions of Regulation (EC) no 1371/2007 shall apply are. City transport does not fall under the scope of this section.
Exit failure by the passenger
§ 7 a passenger failed the departure of the train, so he has no right to compensation. In the conditions of carriage, it is however to set the conditions under which the fare is to reimburse.
Delay and loss of turn
Section 8 (1) connection to an other train fails due to the delay of the train, the train is full or on a leg or the train has more than sixty minutes delay, the passenger can
1 dispense on the journey and request a free pro rata reimbursement of the fare according to the conditions laid down in the conditions of carriage, and claim, if necessary, its free transportation along with hand or luggage the next suitable train to ride departure station or stop or 2. continue its journey, with the obligation to return without charging an additional fare has to be done.
(2) in the cases of paragraph 1, Z 1 second half of sentence and no. 2 has the railway company, if necessary, to extend the period of validity of the ticket and valid to write this for the first class, for a train with higher fare or for the new route.
(3) the railway undertaking has to certify the missed connection, the loss or the delay of the train passengers on request.
§ 9 (1) the railway undertaking has tickets for single trips up the first day prior to, season tickets and group tickets within their period of validity wholly or partly to refund the fare, if the ticket is not or only partially or with Group tickets by a lower number of participants used been is.
(2) in the conditions of carriage, is to set the conditions under which the fare is to reimburse. Reimbursement amounts may be excluded from a payout under 4 euros. The railway undertaking may establish the reimbursement of tickets when purchasing via a particular channel to comply with special conditions.
(3) the amount of the refund referred to in paragraph 1 is free of charge to pay off, if the ticket for reasons for which the railway company has not or is been only partially exploited.
(4) the payment or the payment order to the refund has to be made except in duly justified cases within two months after submission of the full application for reimbursement.
(5) all claims for refund are extinguished, not are been challenged at the railway company within a period of six months. The period begins with the day following the expiration of the period of validity of the ticket.
(6) these refund provisions also apply to the Verkehrsverbund organization companies for the provision of rail transport services.
Other provisions relating to the carriage of persons
Scope of application
§ 10. The provisions of this section are to apply to the carriage of passengers on main lines and branch lines, insofar as the provisions of Regulation (EC) no 1371/2007 shall apply are.
Obligation to carry
11. (1) the railway undertaking has to carry passengers, provided that
1. the passenger comply the regulations relevant for the transport 2. that's also not can help transport passengers with the normal means of transport which satisfy the regular needs of transport, is possible, and 3. the carriage is not obstructed by circumstances, which do not use the railway undertaking and which.
(2) the detailed provisions on the temporary suspension of the obligation to carry are to lay down the conditions of carriage.
Announcement of tariffs and timetables
12. (1) has the railway undertaking to publish schedules and tariffs, which contain the conditions of carriage, as well as the fares, to create and the timetables and fares at his own expense. Timetables and fares are at least on the website of the railway company to publish and free of charge to expel. On the website of the railway company are to publish a summary of each major price changes and the up to one year old versions of tariffs and to provide free of charge. The tariffs are free of charge to provide sales offices occupied with personnel of the railway companies on request. A summary of the main provisions of the tariff is unhooked according to the local conditions in the stations or in the sale of tickets on trains at the ticket machines or in any other appropriate way.
(2) amendments to the schedules and the rates may be applied until after the release.
(3) the station managers have to enable railway undertakings fulfilling the Kundmachungs-imposed on them and other information requirements. The station managers have to ensure for the announcement of the interest in the stations and halts timetables in an appropriate form. In addition, it is to inform about the fares in a suitable form.
(4) the rates are to apply across all persons in the same way. The railway undertaking can however grant discounts the fares or the additional charges, as well as other benefits for certain categories of persons.
(5) the rates are clear, understandable and transparent cover.
(6) the obligations referred to in paragraphs 1, 2, 4 and 5 meet the Transport Association Organization societies with regard to the rates applicable in the respective transport association.
Passengers are nominative to allocate section 13 (1).
(2) the ticket has ride departure station, destination station, the car class, the fare, to contain the first and last day of the validity and the period of validity, and in justified cases of which cannot be derogated from.
(3) the passenger must
1. up to the end of the ride with a ticket be provided and keep it until leaving the platform including the arrivals and departures, 2. present the ticket staff of railway undertakings at the request of the review and give and 3, if necessary, participate in the identification.
(4) the officials of the railway companies have compared to the passengers upon request to expel.
(5) the preservation of tickets or other with the movement when identity is to confirm.
(6) without prejudice to article 9 of Regulation (EC) No. 1371/2007 have railway undertakings tickets at least in the ticket office, on the ticket or on the trains.
(7) the obligations referred to in paragraph 1 to 6 meet the Transport Association Organization companies and their staff for the provision of rail transport services.
Enter the platforms
§ 14 platforms can always enter without a ticket, except clearly visible platform locks are furnished.
Increased fare and other supplementary fees
Section 15 (1) railway undertakings, station managers and traffic organization affiliates can have in addition to the fare, such as when the passenger has no valid ticket, require additional charges and operate an out-of-court recovery of outstanding claims or operate. The judicial enforcement of claims shall remain unaffected thereby.
(2) railway undertakings, station managers and traffic organization affiliates have to try first to demand outstanding claims by means of a written reminder. Reasoned and collected within one month of objections are content to answer before doing any more non-judicial debt collection or transfer measures. The opposition period starts on the day following the handing-over or the delivery of the claim.
(3) If a passenger can prove, at the time of the finding to be, holders of a valid ticket by bringing up a vehicle issued by name on his person, Annot, Freifahrt-or any other document, is to reduce the increased fare to a maximum 10%.
(4) on the rights and protection of children and minors is to pay attention.
Transport of children
§ 16. The railway undertaking has accompanied by moving children up to six to the age, but per accompanying person no more than two children, to the a seat is not sought, without a ticket free of charge and children of the sixth age up to age 15 years of age and younger children for the one seat is claimed to the half normal fare, subject to rounding according to the tariff to promote; the age depends on the date of commencement of journey.
§ 17. The Station Manager has to take care as possible and according to the local conditions for existing waiting rooms or other stops suitable to wait for opportunities with sufficient seating and precautions for protection from the weather for the entire duration of the plan - and unscheduled operations deliver passengers in stations available.
Section 18 (1) has the railway undertakings the rules on allocating seats, in particular about the reservation of ordered places in the set conditions of carriage.
(2) in the schedules is to make, places are reserved in which trains can be seen.
Behavior of passengers
Section 19 (1) to exclude passengers who do not observe the prescribed order or security in the operation of rail vehicles on a railway or traffic on a railway or the arrangements taken to their maintaining of the employed by the railway undertaking or authorized persons or otherwise disturb due to their condition or their behaviour, the railway undertaking from carriage; Passengers with disabilities may not however be excluded due to her due to the disability. The passengers have in this case not be entitled to a refund of the ticket price and other costs or compensation.
(2) passengers, against which a final sentence for serious or repeated violations of the prescribed order or security in the operation of rail vehicles on a railway or traffic on a railway or the arrangements taken to their maintaining the staff of railway undertakings exists, can be limited by the railway undertaking or, where appropriate, also permanently excluded from carriage.
20. (1) the railway undertakings, station managers, ticket vendors and traffic organization affiliates have if possible in advance, currently and in the most appropriate form to provide information.
(2) the railway undertakings have the passengers the information referred to in article 8 paragraphs 1 and 2 of Regulation (EC) 1371/2007 on promotions in the suburban and regional services to grant No., as they reasonably can be made available.
(3) the passengers are to inform about any errors, about activities that are likely to lead to errors such as delays or cancellations of services and the likely impact. This has appropriate, subject to availability and depending on the scope and time of becoming known of the error to happen. The information is through the available information channels such as on the respective website of the railway company, at the station or on the train to provide, for example, in the ticket office, by the train Manager, monitors or posters, or in any other appropriate manner. For personal bookings as reservations an increased information about other information techniques obligation, provided that the contact details are known to the railway company.
(4) the passenger has to inform themselves adequately and in a timely manner about any errors such as delays or cancellations.
(5) railway undertakings, station managers and traffic organization affiliates have adequately the passengers in the train station and on their websites via their contact information, inform the own complaints and those of Schienen-control GmbH as a conciliation body. This information extends in particular to persons with disabilities and reduced mobility and on questions of security, operating problems, accidents and loss of luggage.
(6) the railway undertaking and the Transport Association Organization companies have adequately rights due to them and obligations to inform passengers.
(7) is the submission of a complaint to Schienen-control GmbH in accordance with § 78a Railway Act 1957 (EisbG), BGBl. No. 60 in the currently valid version, allowed railway companies to alert train operators and traffic organization affiliates in responding to a complaint from passengers on this possibility have
Provision of fringe benefits
§ 21. The railway undertaking is entitled operation of rolling stock on a railway or traffic on a railway to provide the required in connection with the carriage perks itself.
4. main piece
Passenger Advisory Board
Establish a passenger Advisory Board
Section 22 (1) the Federal Minister / the Federal Ministry for transport, innovation and technology built a passenger Advisory Council and appoints its members.
(2) the task of the passenger Advisory Council is in particular the advice of Federal Minister / Minister concerning the rights of passengers, as well as the quality criteria for the public services ordered by the Federal Government.
(3) the passenger Advisory Council is composed of its members; These are
1. an a a representative of the Federal Ministry for transport, innovation and technology, 2. a representative of the Federal Ministry of economy, family and youth, 3. a representative of the Federal Ministry of labour, Social Affairs and consumer protection, 4. a representative of Schienen-control GmbH, 5 a a representative of the Federal Chamber of labour, 6 a representative of the Austrian Federal Economic Chamber.
(4) the Federal Minister / the Federal Ministry for transport, innovation and technology chaired by the passenger Advisory Council. They can determine a permanent Deputy / a permanent substitute.
(5) the appointment of members of the passenger Advisory Council shall be limited to a period of four years and may be revoked at any time without indication of reasons. For each Member, order a replacement member. This is eligible to participate in the meetings of the passenger Advisory Council.
(6) the membership of the passenger Advisory Council is voluntary and does not entitle to compensation or a replacement of travel expenses.
(7) the Chairman / chairwoman of the passenger Advisory Board or their permanent Deputy / Permanent substitute can attract non-members (respondents, experts) in individual cases to cooperate in the passenger Advisory Council.
(8) the sessions of the passenger Advisory Council are of the Chairperson the Chairperson at least a year, and then to convene, if this requires half of the Committee members in writing. To the meetings of the passenger Advisory Council is always, notifying them of the agenda and with adequate lead time to be called.
(9) the meetings of the passenger Advisory Council shall not be public. About the members in connection with their activities in the passenger Advisory Council to their knowledge concerned information, data and issues silence is to preserve. This does not apply for the coverage of a member of the each sending organisation.
(10) the passenger Advisory Council has to give its rules of procedure, requiring the consent of the Federal Minister of the Federal Minister for transport, innovation and technology with two-thirds majority.
Carriage of goods
Scope of application
Article 3, articles 6 and 10, article 11 are section 23 (1) on the carriage of goods on main lines and branch lines paragraphs 2 and 3, articles 12 to 26, the art. 28 to 37, articles 39 to 45 and article 47 to 52 of Annex B (CIM) of the agreement of 9 May 1980, BGBl. No. 225/1985 , about the international carriage by rail (COTIF) as amended by the Protocol of 3 June 1999, BGBl. III No. 122/2006, as amended for Austria even to apply, if such carriage does not fall under the scope 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.
(2) on a carriage in accordance with paragraph 1 article 16 § 2 is lit. a second indent of Annex B (CIM) of the agreement of 9 May 1980 on international carriage by rail (COTIF) as amended by the Protocol of 3 June 1999 with the provision to apply, that the maximum delivery period in truckloads in the absence of an agreement about the delivery time for a promotion period is 24 hours per 500 km.
(3) on a carriage in accordance with paragraph 1 article is to apply Annex B (CIM) of the agreement of 9 May 1980 on international carriage by rail (COTIF) as amended by the Protocol of 3 June 1999 with the proviso that the CIM consignment note for national traffic can be applied 6 § 8. But also a different Bill of lading can be used for carriage in accordance with paragraph 1.
(4) the provisions of the exporting carrier of Annex B (CIM) of the agreement of 9 May 1980 on international carriage by rail (COTIF) as amended by the Protocol of 3 June 1999 are not applicable to a promotion referred to in paragraph 1.
(5) without prejudice to article 15, paragraph 4 lit. b of Annex B (CIM) of the agreement of 9 May 1980 on international carriage by rail (COTIF) as amended by the Protocol of 3 June 1999 are the Customs and regulations, as long as the goods on the road is by the railway undertaking to meet.
(6) on the carriage referred to in paragraph 1, the §§ 24 to 29 shall apply.
Use of vehicles
§ 24. The railway company is authorized to pick up luggage and goods with vehicles that are not tied to rail or to pick up and recycle or to lead to.
Obligation to carry
Section 25 (1) has the railway company to carry goods if the carriage of certain goods to other modes of transport is not permitted by law and the requirements for the carriage of such goods on main lines and branch lines are given.
(2) the railway company can set the fees for such carriage according to the principles of reasonable cost compensation and industry-standard pay.
Section 26 (1) occurrence of exceptional circumstances or economic unacceptability agreements for the transport of goods between the railway company and the customer can be set by this federal law.
(2) the railway undertaking as general cargo transported abandoned goods, so it may set about deviating provisions of this Federal Act in the conditions of carriage.
(3) in the case of operating restrictions, the railway company can adjust the carrying out of the contract of carriage wholly or in part. This is possible in an appropriate manner inform the affected customers or to publish in appropriate manner.
Section 27 (1) the sender has the item that requires a packaging to pack that it is protected against total or partial loss and damage during transport and not people can hurt or damage equipment or other goods.
(2) in the presence of specific provisions for the packaging of a railway company, the packaging must comply with these provisions.
section 28. The railway undertaking shall be entitled at any time to check whether the conditions are met and if the consignment corresponds to the information of of shipper in the Bill of lading. If the investigation relates to the content of the show, this has to be possible in the presence of the designated. This is not possible, has the railway undertaking to involve two witnesses.
Right of lien
Section 29 (1) has the railway undertaking for all claims which he is entitled to according to this federal law, or according to the tariff, a lien on the goods to which the claims refer, unless that's, the good to have the deficiency of the permission of the sender knew or had to know. The lien of the railway undertaking has priority over the lien of other carriers, forwarding agents or Commission agents. It is as long as the material is in the custody of the railway company or a third party, which holds this for the railway company.
(2) the railway company can sell the pawn to recover its claims. The sections 466 et seq. of the General Civil Code (ABGB), DL No. 946/1811 in the respectively valid version shall apply.
Use of car
Scope of application
section 30. The use of railway wagons as means of transport to carry out transport operations on main lines and branch lines articles apply no. 225/1985, of the international carriage by rail (COTIF) as amended by the Protocol of 3 June 1999, 2 to 10 and of article 12 of Annex D (CUV) of 9 May 1980, of the Convention, Federal Law Gazette BGBl. III even no. 122/2006, as amended for Austria , if such carriage does not fall under the scope of Annex D (CUV) to the Convention of 9 May 1980 on international carriage by rail (COTIF) as amended by the Protocol of 3 June 1999.
Use of infrastructure
Scope of application
§ 31. On the use of railway infrastructure for transport on main lines and branch lines pursuant to section apply no. 225/1985, of the international carriage by rail (COTIF) as amended by the Protocol of 3 June 1999, 1, section 2, articles 3 to 23 and article 25 of Annex E (CUI) of 9 May 1980, of the Convention, Federal Law Gazette BGBl. III even no. 122/2006, as amended for Austria , if such carriage does not fall under the scope of Annex E (CUI) to the Convention of 9 May 1980 on international carriage by rail (COTIF) as amended by the Protocol of 3 June 1999.
§ 32. The Federal Minister / the Federal Ministry for transport, innovation and technology is in civil matters in consultation with the Federal Minister of Justice, the Federal Minister entrusted with the execution of this Federal Act.
Entry into force, expiry
33. (1) this federal law with 1 July 2013 enter into force. § 4 para 4 shall enter into force 1 January 2014. Last sentence effective § 20 para 3 with 1 January 2015.
(2) with the entry into force of this Federal Act on July 1, 2013 No. 180/1988, and the Federal law violated the Federal law of 10 March 1988 concerning the carriage of persons, baggage and goods by train (railway transport Act - EBG), Federal Law Gazette No. 1371/2007 Regulation (EC) the rights and obligations of passengers in railway transport, Federal Law Gazette I no. 25/2010, except force.
Amendment to the Railway Act of 1957
The Railway Act 1957, BGBl. No. 60, last amended by Federal Law Gazette I no. 50/2012, is amended as follows:
1. paragraph 22a together with the heading:
"Tariffs and conditions
section 22a. The tariffs for the provision of rail transport services passenger transport on main lines and networked branch lines have the conditions of carriage, including the compensation conditions in particular in accordance with the railway transport and passenger rights law (EisbBFG), Federal Law Gazette I no. 40/2013, and Regulation (EC) No. 1371/2007 on the rights and obligations of passengers in railway transport, OJ No. L 315 of the 03.12.2007 S 14, to contain."
2. According to § 22a, the following paragraph is inserted 22 b together with heading:
"Announcement of the conditions of carriage to Schienen-control GmbH
section 22 b. (1) the railway undertakings have the conditions of carriage, including the compensation conditions for the provision of rail transport services passenger transport on main lines and networked branch lines prior to their publication of Schienen-control GmbH to announce.
(2) those conditions Commission declared by the rail control pursuant to § 78 b ineffective, are to announce the railway undertakings within a reasonable period prior to the publication of Schienen-control GmbH. Schienen-control GmbH shall immediately submit these conditions of carriage of the rail Control Commission. After its submission by Schienen-control GmbH, the rail control has Commission officio within ten weeks to determine whether they violated federal law, directly applicable EU law or international law.
(3) the notifications referred to in paragraph 1 and 2 must be done according to the procedure prescribed by the Schienen-control GmbH.
(4) that meet the Verkehrsverbund organization societies with regard to the rates applicable in the respective transport association obligations in accordance with para 1, para. 2 and 3.
2A. in article 70 the following paragraph 4 is added:
(4) written contracts "are subject to transaction fees not according to paragraphs 1 and 2 after the fees Act 1957."
3. § 78a and heading is as follows:
§ 78a. (1) without prejudice to the competence of the courts or the authorities, local authorities, interest groups and customers can submit complaints, relating to the carriage of passengers, baggage or goods on main lines and branch lines and that have not been settled satisfactorily with a railway company or a Transport Association Organization society, if they are related to the provision of such railway transport services, Schienen-control GmbH. Schienen-control GmbH has to handle the complaints presented by local and regional authorities and interest groups anyway, and the complaints presented by customers of fundamental importance or above average accumulation of same mounted complaints.
(2) without prejudice to the competence of the courts or the authorities, local authorities, interest groups and passengers can complaints of alleged violations of applicable provisions of Regulation (EC) no 1371/2007 or the railway transport and passenger rights law and raise due to alleged illegal provisions in the conditions of carriage, including the compensation conditions (§ 22a) of Schienen-control GmbH.
(3) the Schienen-control GmbH has to strive to complaints referred to in paragraph 1 as well as to complaints referred to in paragraph 2 to a friendly solution between the parties. Otherwise, she has their point of view to share with the parties involved and can give a recommendation, which is not binding and not subject to appeal, to regulate the matter. Schienen-control GmbH has to lay down a procedure in accordance with paragraph 1 and paragraph 2 in a policy, and to publish on its Internet site. Affected companies have to join and request by Schienen-control GmbH to furnish all necessary information to assess the facts of the complaint-related and documents.
(4) Schienen-control GmbH has the rail Control Commission to inform treated and the compensation conditions when it comes to any amicable solution concerning complaint cases referred to in paragraph 2. The rail Control Commission may make complaint a passenger about the fare compensation for delays or cancellations, that is explained the recommendation of Schienen-control GmbH for alleged breach of applicable provisions of Regulation (EC) No. 1371/2007 or the railway transport and passenger rights law binding.
(5) the Schienen-control GmbH has to create a report in particular every year about customer satisfaction in the rail sector in General and about the pending made complaints. The report is in an appropriate manner, at least on its Internet site, to publish. Railway undertakings have to provide information about the customer satisfaction of Schienen-control GmbH at their request unless there are corresponding data or information about."
4. paragraph 78b:
"Declaration of invalidity by the rail Control Commission"
§ 78 b. (1) which has Commission Schienen-control of official conditions of carriage, including the compensation terms, partially invalid or for the provision of rail transport services passenger transport on main lines and networked branch lines to explain if they violate federal law, directly applicable EU law or international law.
(2) the rail Control Commission for declaration of invalidity at the same time to speak out at what point what provisions are to govern. At the same time with the total or partial declaration of invalidity, the rail control has to prohibit Commission the railway undertaking or the transport network organization society, to use the provisions declared inoperative and to rely on them. Furthermore can Commission bearing arrangements for the production of the lawful state. the rail control"
5. paragraph 167:
"§ 167. (1) who"
1 no promotion or compensation conditions according to § 22a takes in the tariffs, 2. the duty of notification of the conditions of carriage in accordance with section 22 does not comply with b, 3 which is not free of charge, provides necessary personal and ticket data in a form to be determined by mutual agreement and within a mutually agreed time limit in accordance with § 4 para 2 of railway transport and passenger rights law available, for the Entschädigungsanpruch provides 4. the participation and obligation to supply information pursuant to Article 78a par. 3 and 5 does not result or 5 is in accordance with § 78 a notice of the rail control b contrary to , commits an administrative offence and is up to EUR 7 000 by the district administrative authority with a fine to punish up to 10 000 euros in case of repetition.
"(2) a person who seriously violates provisions of Regulation (EC) No. 1371 / 2007 or severely against other provisions of the 1 to 3 main piece of the 1st part of the EisbBFG contrary, commits an administrative offence and is up to EUR 7 000 by the district administrative authority with a fine to punish up to 10 000 euros in case of repetition with a fine."
6. in the table of contents is the entry to § 22a:
"Article 22a. Tariffs and conditions"
7. in the table of contents, the following entry is inserted after the entry for section 22a:
"article 22 b. announcement of the conditions of carriage to the Schienen-control GmbH"
8. in the table of contents, the entry for section 78 is b:
"§ 78 b. Declaration of invalidity by the rail Control Commission"