7.1 Liability for cancellation, delay or missed connections
7.1.1 If a delayed train means that the passenger misses a connecting train or the last scheduled connection to a public means of transport, or if a train is cancelled either entirely or on certain stretches, the passenger can (i) forego continuing the journey and claim a full refund of the fare for the part of the journey not travelled, (ii) forego continuing the journey and return free of charge to the station of departure on the next available train and claim a full refund of the fare and transport costs for luggage as well as the fare for the return of their luggage or (iii) continue the journey, as far as possible, at no extra cost on a train travelling via the same or a different route to the same destination station, a train that allows the passenger to reach their destination with as small a delay as possible.
7.1.2 The transportation company is liable to the passenger for the damage (stated below), which arises due to the fact that the journey cannot be completed by midnight on another scheduled means of transport or cannot be reasonably finished under the given circumstances due to a train being cancelled or delayed or due to a missed connection. Damages cover overnight accommodation and costs incurred informing those awaiting the passenger’s arrival, up to a maximum of 80 €. If another means of transport is cheaper and it can reasonably be taken, the transportation company will pay for this alternative. Alternatively the passenger can assert his claims according to 7.1.1.
7.1.3 If an ICE-Sprinter is over 30 minutes late, the ICE-Sprinter supplement can be claimed. Passengers must present the original ICE-Sprinter supplement ticket or a copy.
7.1.4 If trains in the ICE, IC/EC product classes or IR trains arrive more than 60 minutes late at the stations passengers are to alight the train at, they receive compensation of 5 € for second class and 7,50 € for first class; this rule also applies if passengers arrive at their destination stations more than 60 minutes late due to the cancellation of a train. For journeys with connections between trains named in article 1, passengers also receive this compensation, if, due to the delay or cancellation of such trains, they arrive over 60 minutes late at the station where they are to or would have alighted from the last train of a connection according to the timetable. Compensation claims can only be asserted once per ticket respectively (for return tickets once per direction).
7.1.5 Passengers cannot assert claims for compensation under articles 7.1.2 to 7.1.4, if the reason a train is cancelled or delayed or the reason a connection is missed is due to (i) circumstances outside the railway operator’s control, circumstances that could not be avoided and consequences that could not be anticipated despite the transportation company acting prudently, (ii) the fault of the passenger or (iii) the behaviour of a third party that could not be avoided nor could the consequences thereof be anticipated despite the transportation company acting prudently.
7.1.6 Passengers cannot assert joint claims for compensation based on 7.1.2 and 7.1.3 or 7.1.2 and 7.1.4.
7.1.7 For passengers to be able to assert their right to compensation according to 7.1.3 and/or 7.1.4 they will receive a voucher ticket either (i) while on board the delayed train in ICE, IC/EC or IR product classes, depending on availability, or (ii) at the service point at the station on the day of the delayed journey or during the 2 following days. The passenger should present this voucher, which should be filled out and furnished with the stamp of the issuing centre, as well as the corresponding ticket and/or copy of the ticket, within one month from the day of the delayed journey to a Deutsche Bahn travel centre, and after doing so they will receive a voucher valid for one year for the amount of compensation due. This cannot be exchanged for cash but can be used for another ticket purchase at any Deutsche Bahn centre or Deutsche Bahn travel agency.
7.1.8 Passengers can also claim compensation according to 7.1.3 and/or 7.1.4 at any Deutsche Bahn travel centre on the day of the delayed journey or within the following 2 days without the stamp. In this case passengers must ensure that the Deutsche Bahn customer service centre receives the voucher ticket, filled out by the passenger, as well as the corresponding ticket and/or copy of the ticket within one month of the day of the delayed journey. The customer service centre will send a voucher valid for a year for the amount of compensation due. This cannot be exchanged for cash but can be used for another ticket purchase at any Deutsche Bahn travel centre or Deutsche Bahn travel agency.
7.2 Liability for other reasons
As far as other legal grounds are concerned, the transportation company is only liable to the passenger in cases of intent or gross negligence, breach of contractually significant obligations (cardinal obligations) and the causation of death, injury to body or health in slight negligence. In cases of a breach to the contractually significant obligations liability to claims shall be limited, however, to typical foreseeable damages. Apart from in cases of intent, gross negligence or breach of contractually significant obligations, liability for material claims per passenger shall be limited to a maximum amount of 1.000 €. For the rest the conditions of the law on liability (HPflG) remain unaffected.