Another warning strike at Deutsche Bahn: travelers have these rights
Due to the warning strike announced by the German Train Drivers' Union (GDL), rail travelers can expect massive restrictions - the strike is set to begin on Thursday evening at 10 p.m. for passenger transport, while freight transport is set to start as early as 6 p.m.
Although Deutsche Bahn (DB) has drawn up an emergency timetable for long-distance services, many connections are likely to be canceled due to the warning strike, which is scheduled to last until Friday evening (10 p.m.). What rights do those affected have? An overview:
Train does not run
If the train does not run or is expected to arrive at its destination at least 60 minutes late, you can demand a refund of the ticket price. However, you also have the option of continuing your journey at a later time, whereby you can always choose another, comparable connection to your destination.
DB also states this on its information page on its special compensation regulations. In general, those affected should read the latest information from the company in such cases.
According to DB, anyone who wanted to travel on Thursday evening or Friday, for example, also has the option of bringing their journey forward and taking an earlier train. This is actually a gesture of goodwill on the part of DB and is not laid down in the statutory passenger rights.
This also applies to DB's offer that tickets for journeys during the warning strike period can be used at a later date - regardless of whether the specific connection was actually affected by the warning strike or not, because it was offered as part of the emergency timetable.
Train no longer runs
If you are stranded en route, you are entitled to meals and refreshments in reasonable proportion to the waiting time in the event of delays of more than one hour or train cancellations.
If it is clear that the train will not continue on the same day, the rail company must provide accommodation in a hotel or "alternative accommodation" (according to EU rules) and organize the transfer there.
If you book a hotel room on your own, you should ask the rail company to confirm in advance that it is not possible to continue your journey and that it cannot help with accommodation.
The Schlichtungsstelle für den öffentlichen Personenverkehr (SÖP) offers a good overview of rail passenger rights, for example on self-organized onward travel in certain cases and on rights in regional transport also affected by the warning strike, on its website soep-online.de.
Compensation for delays
This is also available in the event of warning strikes. If the train arrives at its destination more than an hour late, you can claim 25 percent of the fare; if it is more than two hours late, you can claim 50 percent. Important: If you are in danger of missing a booked flight due to a train failure, Deutsche Bahn is not liable for any subsequent costs.
According to the Baden-Württemberg consumer advice center, there is a loophole for travelers who have booked so-called "Rail&Fly" tickets through the airline. In this case, the journey to the airport is part of the flight booking and the airline must provide alternative transportation.
Do you still have to go to work?
If rail staff are on strike and regional and long-distance services are largely at a standstill as a result, employees must still arrive at work on time. "The so-called travel risk is always borne by the employee, whether there is a strike or not," says lawyer Nathalie Oberthür. This is because a strike is not an unforeseen event. As a rule, it is announced in good time, for example the day before or even earlier. This is also the case this time.
Other means of public transport, car sharing, short distances - in the city it is generally easier to get around than in the countryside. Legally, however, that doesn't matter. "If necessary, employees have to take a cab at their own expense, which is also reasonable," says Oberthür.
And what about working from home? If employees are already working from home anyway, they have a good chance of being allowed to do so on the day of the strike. As part of its duty of care, the employer should be obliged to allow employees to work from home in this exceptional case. However, there is no case law on this yet.
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- Affected travelers may seek advice from their employer regarding alternative transportation options during the Deutsche Bahn strike, as labor laws may permit telecommuting in some circumstances.
- In collective bargaining negotiations between Deutsche Bahn and the German Train Drivers' Union (GDL), consumer protection organizations have advocated for stronger rights for passengers during strikes, specifically in terms of compensation for delays and cancellations.
- The German railroad's legal department is currently dealing with numerous consumer complaints regarding the handling of delayed or canceled trains during previous warning strikes, as some consumers have felt they were not adequately compensated for their losses.
- Consumer centers in Germany have seen a significant increase in inquiries related to the current Deutsche Bahn strike, as consumers seek clarification on their rights as passengers during labor disputes.
- Since the recent warning strike announcement, there have been calls from some consumer advocates for increased transparency and clarity in the process of collective bargaining, with a focus on protecting the rights and interests of rail passengers.
Source: www.ntv.de
