On behalf of the Ministry of Social Affairs, the Association for Consumer Information warned the private railway operator Westbahn. The background is that the VKI lawyers are of the opinion that three clauses in the conditions of carriage are inadmissible. The transport company issued a cease and desist letter, so the matter did not end up in court.

Specifically, it was about three clauses that, from the point of view of consumer advocates, should limit passengers' claims for reimbursement. This includes a clause that provides for a maximum of 80 euros for the hotel in the event of an overnight stay due to cancellation, delay or failure of the last connection on the same day.

The Westbahn compensation conditions contained the following provision: "If it is not possible or reasonable for the passenger to continue the journey on the same day due to cancellation, delay or failure of the last connection, WESTbahn will reimburse the traveler unless it organizes a hotel stay for the customer itself and paid directly, the costs up to a maximum of EUR 80,00 (incl. VAT) for the hotel.”

According to the legal opinion of the VKI, such a maximum amount violates the passenger rights regulation. This provides for the reimbursement of the “reasonable costs incurred”. The ordinance does not specify a maximum amount and there is also no exception provided for suburban and regional transport. The VKI has therefore warned this and two other clauses. The Westbahn reacted immediately and issued a cease-and-desist declaration with a penalty. The other two clauses contained a far-reaching right to change the compensation conditions and non-transparent information on the consequences of contractual clauses that have become ineffective.

“When passengers make a journey, e.g. B. because of a train cancellation, cannot continue late at night and the Westbahn does not organize and pay for accommodation, they have no choice but to take available accommodation on site at short notice. It is not legal if the affected passengers are left with an amount that exceeds the sum of 80 euros set by the company on its own initiative," explains the responsible lawyer at the VKI, Nadya Böhsner. "Passenger rights must be observed."