Long-distance bus travel is becoming increasingly popular in Europe as it offers a cost-effective and environmentally friendly way to travel long distances. But what happens if your long-distance bus trip doesn't go as planned? The European Union (EU) has legislation and passenger rights that provide passengers with protection and compensation when things go wrong. This article will explain the most important aspects of passenger rights when traveling by bus.
First of all, it should be noted that passenger rights based on the EU regulation are only fully applicable if the distance between the start and destination is at least 250 kilometers. Furthermore, when it comes to care services, it also plays a role that the scheduled travel time must be at least three hours. In contrast to aviation, when it comes to delays it is not the time of arrival that is relevant, but rather the time of departure.
Legal basis in the European Union
Passenger rights on long-distance bus journeys in the EU are regulated by Regulation (EC) No. 181/2011. This regulation sets out the rights of passengers in relation to regular transport and applies to all bus companies operating within the EU. The most important points of this regulation are:
- Information and support: Passengers have the right to clear information about their trip, including departure times and locations. In the event of delays or cancellations, the bus company must offer assistance in the form of meals, accommodation or alternative transport options.
- Compensation for delay or cancellation: Passengers are entitled to compensation for delays of more than 120 minutes or cancellations. The amount of compensation varies depending on the distance and duration of the delay.
- Liability in the event of accidents: In the event of an accident, the bus companies are obliged to pay compensation.
It is important to note that passenger rights only for journeys within the European Union and cross-border to Switzerland. If you have booked a long-distance bus journey - for example - from Munich to Podgorica, the EU regulation does not apply, as such services are explicitly excluded. There is one exception, however: if it is a transfer connection, then at least the "feeder" is subject to passenger rights in accordance with the EU regulation, provided it is intra-EU traffic. If, for example, you travel from Austria to Greece and pass through non-EU countries, this does not lead to a loss of claims.
Equally relevant: It has to be one concessioned scheduled services act. In concrete terms, this means that it is a publicly accessible transport that runs according to a fixed timetable and anyone can book. To put it more simply: A Regiojet bus trip from Vienna to Prague or a Flixbus trip from Berlin to Stuttgart is subject to the regulation, but an excursion with the football club in a charter bus or a beach package holiday in Rimini by coach is not.
In addition, it should be noted that passenger rights only apply to long-distance bus journeys from a distance of 250 kilometers grab. This is of particular importance in Germany, because long-distance bus routes can be set up in the Federal Republic from a minimum distance of 50 kilometers. On such short routes, passenger rights under EU regulations are not applicable, as this is considered local transport at EU level. But it makes no difference whether it is a long-distance bus trip domestically or internationally. The only decisive factor is that the departure and destination locations are within the European Union. Simply driving through non-EU countries does not lead to the loss of any claims.
Passenger claims and enforcement
There is a striking difference in passenger rights for long-distance bus travelers compared to aviation. While delays in aviation depend on the actual time of arrival, the actual time of departure is relevant for bus journeys. This also has something to do with the fact that delays that occur during the journey, for example due to traffic jams and/or border and/or traffic controls, are not subject to compensation.
It should be noted that the EU regulation is only fully applicable if the distance between the two points is at least 250 kilometers. Other regulations apply. Passengers must also note that some compensation or obligations of the bus operator only apply if the planned travel time is at least three hours.
From a departure delay of at least 90 minutes The bus company must provide free drinks and snacks. If necessary, accommodation in a hotel must also be organized and taken care of. This is capped at a maximum of two nights, which may cost a maximum of 80 euros per person per night. Attention: If the cancellation or delay was caused by force majeure such as natural disasters or bad weather (e.g. heavy snow), then the claim does not apply.
In practice, the requirement to provide snacks and drinks is often not enforceable because there are no staff at most stops. It is not uncommon for these to simply consist of a stop spoon and a timetable notice. Passengers then do not lose their claim, but have to pay in advance and then submit the vouchers to the bus company. Beware of the trap: Under no circumstances should you submit alcoholic drinks, as they cannot be substituted. But there's nothing wrong with mineral water or cola and a sandwich.
From a departure delay of at least 120 minutes or if the trip is canceled completely, Passengers have the right to alternative transport at the earliest possible date. Alternatively, you can request a full refund of the ticket price you paid. It should also be noted that the rules regarding the 250 kilometers or planned travel time of at least three hours are relevant. In addition, travelers are entitled to a maximum of two nights in a hotel, which may cost a maximum of 80 euros per night. Snacks and drinks must also be provided.
Important: The EU regulation stipulates that bus companies must explicitly inform passengers about their passenger rights. It is not enough to mention these in the “small print” when booking or to hide them somewhere on the homepage. Rather, companies must explicitly inform their passengers in the event of delays and/or cancellations. This can be done by email, SMS or by handing out flyers. Oral information by the bus driver or staff at bus stations is also permitted, provided that it is clearly perceptible. If the bus company does not comply with this obligation, passengers have Additionally, you are entitled to a refund of 50 percent of the ticket price paid.
Asserting passenger rights and tips
In order to assert passenger rights, it is crucial to understand the situation and act correctly. Passengers should note the following steps:
- Document everything: Keep your tickets, receipts and all relevant travel information, especially in the event of delays or cancellations.
- Inform the bus company: Contact the bus company and inform them of your situation. Demand the necessary support and compensation if necessary.
- Apply for compensation: If you would like to claim compensation due to delays or cancellations, submit your request to the bus company. Compensation depends on the distance of your trip and how long the delay was.
- Departure or arrival: In contrast to aviation, when there are delays on long-distance bus trips, the actual departure time is relevant.
- Missed connecting bus: The bus company is only liable if it is a continuous ticket that includes a change. If you buy two separate tickets, you will have to look through the tube if you are late. In the event of missed connections, the claims apply analogously to failures.
- Missed appointment: The bus company is not liable for this. Anything that was not booked through the long-distance bus company does not need to be compensated.
- Replacement transport: Means that you have to be rebooked on another bus or a train. If no one takes care of it, you can claim the additional costs. Please note: You will not receive a refund for the ticket price you originally paid for the canceled or delayed journey. Only the expense for the replacement trip. A taxi ride to the destination is not transport under comparable conditions.
- Termination of the trip due to breakdown or accident: You are then entitled to free transport back to the starting point. Alternatively, you are entitled to alternative transport (onward travel) to the destination. Attention: The bus operator then only has to pay from the point at which his journey was interrupted.
Circumstances in which the bus company is not liable for compensation:
There are certain circumstances in which bus companies can be exempted from their obligation to pay compensation. These include extraordinary circumstances such as natural disasters, strikes and security risks. Likewise, when there is a traffic jam on the route, you look through your fingers. In such cases, companies are not obliged to pay compensation.
Little is known about annual costs for bus companies
There are no current overall statistics on how many passengers received compensation in a given year and the total amount paid out. This information may vary depending on the country and bus company. However, passengers have the right to receive compensation if their passenger rights are violated.
Similar to aviation, it is the passengers' responsibility to collect compensation. In concrete terms, this means that the companies do not have to offer compensation on their own initiative, but rather the passengers have to actively request it, i.e. apply for it. Many providers do not make it particularly easy. Although there is a reference to passenger rights somewhere in the "small print", most long-distance bus companies do not offer ready-made online forms.
Free advice centers in the DA-CH region
It is also noteworthy that, in contrast to aviation, a debt collection industry has not yet developed that specializes in collecting compensation claims for commission. This may also be due to the fact that significantly lower sums are involved simply due to lower ticket prices and a generally different legal compensation practice.
If there are problems with bus companies, passengers in Austria can contact the Agency for Passenger and Passenger Rights. In Germany there is the Arbitration Board for Public Transport (SÖP) and in Switzerland there is the Federal Office of Transport. The offices offer free initial advice as well as support options in enforcing any claims. If necessary, the chambers of labor in Austria can also help.