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Woman on the platform: Due to the warning strike, there are likely to be massive train cancellations
Photograph:
Mats Silvan/Getty Images
Train passengers will again have to muster a lot of patience and improvisational talent between Thursday and Friday evenings. The train drivers' union GDL has once again called for a warning strike. Massive restrictions are to be expected.
After all, Deutsche Bahn (DB) wants to maintain around 20 percent of long-distance traffic. But despite the emergency timetable, numerous connections will probably be cancelled. What rights do data subjects have? An overview:
When the train doesn't run
If the train does not run or is expected to be at least 60 minutes late at its destination, the ticket price can be reclaimed. However, you also have the option of continuing your journey at a later date, whereby you can always choose a different, comparable connection to your destination. According to the information, the train connection for saver fares and super saver fares has been lifted.
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This is also stated by DB on its information page on its special goodwill arrangements. In general, those affected should read the company's current information in such cases.
According to DB, if you wanted to travel on Thursday evening or Friday, you also have the option of bringing your journey forward and taking an earlier train. This is actually a gesture of goodwill on the part of Deutsche Bahn and is not stipulated in the statutory passenger rights.
It 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, own connection was actually affected by the warning strike in the end or not, because it was offered as part of the emergency timetable.
When the train stops moving
Those stranded on the road are entitled to meals and refreshments in a reasonable proportion to the waiting time in the event of delays of more than an hour or train cancellations.
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According to EU rules, if it is clear that it will not be possible to continue on a day, the railway company must arrange accommodation in a hotel or "other accommodation" and organise the transfer there.
If you book a hotel room on your own, you should have the railway confirm in advance that it is not possible to continue your journey and that they cannot help with accommodation.
The Arbitration Board for Public Passenger Transport (söp) offers an overview of rail passenger rights, for example to self-organised onward travel in certain cases and to rights in regional transport that is also affected by the warning strike, on its website.
Compensation in case of delay
These also occur during warning strikes. If the train arrives at its destination more than an hour late, you can charge 25 percent of the fare, if it takes more than two hours, it is 50 percent.
Important: If there is a risk of a missed flight due to a train cancellation, Deutsche Bahn is not liable for possible follow-up costs.
According to the Baden-Württemberg Consumer Advice Centre, there is a back door for travellers who have booked so-called "Rail & Fly" tickets through the airline. In this case, the trip to the airport is part of the flight booking and the airline must provide alternative transportation.
What do commuters need to consider?
For commuters in particular, a rail strike can be a particular challenge, as they still have to show up at work. "The so-called commuting risk is always borne by the employee, whether there is a strike or not," said lawyer Nathalie Oberthür on the occasion of the warning strike at the end of March. After all, a strike is not an unforeseen event. As a rule, it is announced in good time, i.e. the day before or even earlier.
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Your own car, car sharing, bicycle – thanks to short distances, it is usually easier to avoid the city than in the countryside. Legally, however, this does not matter. "If necessary, employees have to take a taxi at their own expense, which is also reasonable," says Oberthür.
And what about working from home? If it is already practice in everyday working life, the employee has a good chance of being allowed to do so on the day of the strike. As part of its duty of care, the employer is likely to be obliged to enable work to be performed at home in this exceptional case. However, there is no case law on this yet.
It is not a good idea to call in sick on a strike day instead of looking for alternatives for travel. Employment lawyer Michael Fuhlrott pointed this out: "If the employer discovers that the sick note was only faked, there is a serious breach of duty under the employment contract." This could result in dismissal without notice and the loss of one's job.
Are there alternatives to travelling by train?
Those who absolutely have to travel during the announced strike will have to switch – to bicycles, long-distance buses, their own carpool, carpooling, rental cars, carpooling or planes. But be careful: on the day of the strike itself, it could be difficult to rent a car, as demand usually rises sharply.
Who pays for the bus or rental car?
If the railways organise the alternatives themselves, then they will also pay for them: for example, long-distance bus collective transport from individual stations or taxi rides would be conceivable if, for example, the train stops in the station in the evening and there are still many passengers who have to go one city further.
However, if you book a rental car or plane ticket in advance, you cannot hope that this money will be refunded. "You can try to get reimbursed for the costs advanced – but in case of doubt, the railways will refuse," is the assessment of rail passenger rights expert and lawyer André Schulze-Wethmar from the European Consumer Centre. It would be easier to get the price of the train ticket refunded and take care of the alternative at your own expense.
jus/dpa