Term and Introduction: The Deutschlandticket
The Deutschlandticket, often also referred to as the “49-Euro-Ticket”, is a nationwide subscription ticket valid for use on local public transport (ÖPNV). It was introduced on May 1, 2023, as the successor to the 9-Euro-Ticket and serves to promote public transportation while relieving citizens in terms of mobility costs. The Deutschlandticket is valid in all local trains, S-Bahn, U-Bahn, trams, buses, as well as in many transport associations, and can be cancelled monthly.
Legal Foundations and Statutory Classification
Legal Basis
The introduction of the Deutschlandticket was based on the so-called German Ticket Financing Agreement Act (DtFVG), which regulates its financing and implementation by law. Further regulations can be found in the Regionalisation Act (RegG) as well as in the respective state-level implementation requirements and the conditions of carriage of the transport operators.
Other Relevant Regulations
Passenger Transport Act (PBefG)
The PBefG provides the legal framework for the provision of local transport services by both public and private providers.
Railway Traffic Regulation (EVO)
The EVO regulates usage and obligations in regional rail passenger transport.
Regulation (EC) No. 1370/2007
The European Union Regulation on public passenger transport services by rail and road also applies, in particular regarding subsidies and public contracts.
Structure and Implementation of the Deutschlandticket
Sales and Processing
The Deutschlandticket is only issued as a personalized, digitally available subscription (usually as a chip card or mobile ticket). Issuance is handled by transport operators and associations; legally binding are the transport contracts concluded with them.
Personalization and Transferability
The Deutschlandticket is non-transferable. In accordance with § 9 para. 2 of the nationally agreed tariff provisions, transfer to third parties is excluded. On-site inspection obligations derive from the conditions of carriage and the obligation to authenticate.
Termination and End of the Contract
The subscription can be cancelled on a monthly basis. The minimum contract duration and notice periods are regulated in the applicable contract conditions and the uniform tariff provisions. The cancellation must generally be received by the 10th calendar day of the current month in order to be effective at the end of the month.
Financing Mechanism
Federal-State Financing
The financing of the Deutschlandticket is shared equally by the federal government and the states under the regionalization funds in accordance with § 5 para. 2 RegG. The cost distribution and allocation mechanisms are regulated by the Deutschlandticket financing agreement and the respective state regulations.
Price Regulation and Price Adjustment
The Deutschlandticket is subject to a fixed price as agreed by the federal and state governments. The monthly price structure may be adjusted in accordance with the financing agreement and in consideration of actual cost developments.
Area of Validity and Exclusions
Geographical Scope
According to the tariff provisions, the Deutschlandticket is valid nationwide on public regional and local transport. Use of long-distance services (e.g. Intercity and ICE trains of DB Fernverkehr) and certain special transport modes are excluded.
Terms of Use
Use of the Deutschlandticket is subject to the applicable conditions of carriage of the participating transport operators. The carriage of bicycles and pets is not automatically included and is subject to regional additional regulations.
Legal Status during Inspections and Sanctions
Contractual Relationship and Obligations
By using the Deutschlandticket, a contract of carriage pursuant to §§ 305 et seq. BGB is established. The passenger is required to carry proof of possession of a valid ticket. The conditions of carriage regulate details regarding inspections, proof obligations, and legal consequences in the event of misuse or violations.
Sanctions and Fines
A violation of the terms of use may be punished in accordance with § 265a StGB (obtaining benefits by fraud) with fines or criminal penalties. The specific arrangements for sanctions are set out in the General Conditions of Carriage and administrative offense law.
Data Protection Aspects
Collection and Processing of Personal Data
Since the Deutschlandticket is only available as a personalized ticket, personal data is processed in accordance with Art. 6 GDPR. Transport operators must strictly observe data protection requirements in particular with regard to the storage and transfer of data.
Purpose Limitation and Deletion
Processing is carried out exclusively for the purpose of verifying entitlement to use and for contract management. After the contract ends, the data must be destroyed in accordance with the statutory deletion periods.
Social Security and Employment Law References
Discounts and Subsidies
Many employers support their employees in purchasing the Deutschlandticket through the so-called “Jobticket” scheme. The social security and tax aspects are regulated in the guidelines for tax-privileged job tickets.
Consideration in Benefit Law
Recipients of transfer benefits under SGB II and SGB XII can in principle receive subsidies or coverage if mobility costs are recognized as necessary. The corresponding regulations are set out in the implementing provisions of the Social Code Books.
Summary
The Deutschlandticket represents a comprehensive and clearly regulated offer in nationwide local public transport. The legal basis ranges from federal and state legislation to contractual provisions, as well as data protection and social law regulations. Its introduction forms part of a strategic state mobility policy and is based on a legally robust, long-term financing and implementation structure. The ongoing development of the framework conditions reflects the growing social and economic significance of sustainable mobility models.
Frequently Asked Questions
What are the legal notice periods for cancelling the Deutschlandticket?
The Deutschlandticket is generally a monthly cancellable subscription in accordance with the terms of the respective transport operators and fare associations. The legally relevant provision here is § 309 no. 9 BGB, which regulates the maximum permissible notice periods for consumer contracts in continuing obligations such as subscriptions. Accordingly, notice periods may not exceed one month. For the Deutschlandticket, this means that customers may terminate their subscription up to the 10th calendar day of the current month for the end of that calendar month (depending on the contract terms of the respective provider, this deadline may vary slightly). After cancellation, the contractual relationship ends at the end of the month; receipt of the notice of cancellation must be evidenced, if required. Extraordinary cancellation for important reasons (§ 626 BGB) is also possible if there are significant breaches of contract or unacceptable circumstances that make continuation of the contract unreasonable.
What are the legal rules concerning accompanying persons with the Deutschlandticket?
Under current law, the scope of services of a subscription is determined by the concluded contract and the respective special conditions of carriage and fare provisions. The Deutschlandticket is personal and non-transferable, which is clearly regulated under copyright and contract law. Accompanying rules, such as taking other persons or bicycles free of charge, are largely excluded. Only certain associations or operators may grant goodwill arrangements, which are exclusively regional and without legally binding entitlement. Clear contractual conditions and transparency requirements (§§ 305 et seq. BGB) mean that customers cannot subsequently claim such rights of accompaniment if these were not originally part of the contract.
What legal provisions apply in the event of a price adjustment?
A price adjustment for the Deutschlandticket is only effective if the relevant statutory requirements for price adjustment clauses are observed. According to § 309 no. 1 BGB, price change clauses in general terms and conditions may not place an unreasonable disadvantage on the consumer and must be transparent, comprehensible, and predictable. The affected transport operators are required to announce price adjustments in good time, generally at least four weeks before they take effect, either in writing or in text form. In the case of a price increase, consumers have a special right of cancellation under § 314 BGB. If a price adjustment is not properly communicated or if a price adjustment clause is missing from the contract, the old prices remain legally valid.
What are the legal requirements for digital ticket design and inspection?
The Deutschlandticket may only be issued in digital form—either as a mobile ticket or chip card. Legally, the basis for this is found especially in Art. 5 of the EU General Data Protection Regulation 2016/679 (GDPR) and in German data protection law (§ 51 BDSG). The storage and processing of personal data must only occur to the extent necessary for contract fulfillment. During inspections, transport operators are authorized to verify the identity of ticket holders; however, disproportionate collection of data is not legally permissible. Customers must also be informed about their data protection rights, such as the right to information and deletion. Personal tracking or the storage of movement data beyond what is necessary would be unlawful.
What is the legal process for resolving disputes relating to the Deutschlandticket?
Disputes between customers and transport operators in connection with the Deutschlandticket are initially subject to the ordinary courts under general civil law provisions (§§ 13, 17 ZPO). Generally, the prerequisite for a legal dispute is that the customer first lodges a complaint with the transport operator. Furthermore, in the case of public transport operators, there is a statutory right to an alternative dispute resolution procedure under the Consumer Dispute Settlement Act (VSBG), for example at the Arbitration Board for Public Passenger Transport e.V. (söp). Participation in out-of-court arbitration is either voluntary or, in some states, mandatory. Initiation of legal proceedings by an attorney remains unaffected.
Is the Deutschlandticket subject to the right of withdrawal for distance contracts?
Since the conclusion of a subscription for the Deutschlandticket usually takes place electronically, the statutory right of withdrawal under §§ 355, 312g BGB applies for consumers. Accordingly, when the contract is concluded by distance means or outside of business premises, a statutory 14-day revocation period applies from receipt of the contract documents or confirmation. The revocation instructions must be clear and transparent; otherwise, the period extends to up to 12 months and 14 days (§ 356 para. 3 BGB). After a notice of revocation, the contract is rescinded and services rendered must generally be returned or settled proportionally. The right of withdrawal can be excluded only in exceptional cases if the service is performed in full before the end of the revocation period, and the consumer has expressly requested this.
What about liability and claims in case of service disruptions?
If service disruptions occur when using the Deutschlandticket, such as train cancellations or significant delays, the EU Passenger Rights Regulation (Regulation (EC) No. 1371/2007) applies without exception. This gives rise to individual claims for reimbursement or compensation, which must be honored by transport operators. The contracting party is liable for disruptions in performance in accordance with the legal provisions under §§ 280 et seq. BGB. If the passenger demonstrably suffers financial loss because of the disruption, there may be, in addition to a partial refund of the ticket price, a further claim for damages. Any limitation of liability is only permissible within the statutory limits and must be clearly stated in the contract.
