Train ejection legal? – Save your nerves, go by train? Not at the moment!

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Hardly a day goes by without overcrowded trains and rejected passengers. There are legal ways to get out of the dilemma.

Save nerves? Go by train! This advertising slogan was once. Will it be like this again? Traveling by train takes a lot of nerves at the moment. Except money. Travelers report about train bans almost every day. But not because they misbehave, but because the trains are overcrowded. ÖBB thought to defuse the situation by mandating seat reservations. Only – there are still (too) many trains for which you cannot reserve a seat!

Rights and obligations on both sides
The police had to intervene in Linz last weekend because passengers with valid tickets refused to get off. Next weekend it will be Pentecost – and one can assume that the train will run again. in hopes.

But what is the legal situation? Who can tell me that I have to get off the train? On the basis of which criteria is the decision made? What are my rights if I miss a connection because of this? In Austria, the motto of the “free train” applies. With the purchase of a ticket, a contract of carriage is concluded with the railway company – with rights and obligations on both sides.

Train conductor as top boss
ÖBB has “general tickets” that are valid for one to two days. And train related tickets – you have to use exactly this connection on a certain day at a certain time. The wagons are approved for a certain number of people, both in terms of seating and standing space. The train conductor is the “top boss” – his orders must be followed, that is what the railway law regulates. And: only he decides whether a train is overcrowded or not!

Passenger compensation when disembarking?
So it happened that a woman with two small children had to get off the train on her way from Graz to Vorarlberg! The reserved train seats were accidentally booked twice. The journey was extended by more than 3 hours. However, this gives the woman a good chance of getting the “passenger compensation” to which she is entitled. Under EU law, this applies if there is a delay of one hour or more. Additional costs after a train ban due to overcrowding, such as necessary taxi rides or overnight stays, are not yet excluded. Sounds like work for courts…

Source: Krone

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