An automatic refund is legally not allowed. They must offer the customer a choice what they want to do and only one of the options is not travelling and getting a refund. Other options are travel with the next available connection, or travel on a later date of your choice. Only the first option means you withdraw from the contract; the latter 2 options mean that the contract remains in place. This also means that the operator is not allowed to withdraw from the contract just because he can't run the train you originally booked.
They could however make it a lot easier to choose one of the options.
Do you know how OBB interprets customers rights? I say interpret, because in Canada it doesn't really matter what the government says. The companies do as they please and force you to take them to court in most cases to enforce rules with regards to refunds. If they only offer partial service on our ticket can we just not use the ticket and file a claim for full refund after the train runs? Currently it is hard for me to understand, but it looks like the EN406 only runs part way from Salzburg to Krakow and then you're on your own because they say due to infrastructure there is no bus service available. For the day we travel on the 1st, OBB now has no information listed which I can see that specifically outlilnes the service level planned only this message:
"Update 15 (25.09.2024 08:30) repair work after the flood
München Hbf Gl.5-10 - Warszawa Wschodnia
Due to repair work after the floods, train and rail replacement services are currently only possible to a limited extent between Wien Hbf and Salzburg Hbf.
RJX trains are canceled between Vienna Central Station and Salzburg Central Station.
RJ trains run every hour Vienna - Salzburg - Vienna and are diverted via Rekawinkel. The stop at Tullnerfeld station is canceled.
A reciprocal ticket recognition between ÖBB and WESTbahn GmbH is in place. Reciprocal ticket recognition only applies on the route between Vienna and Salzburg.
RJ trains run every hour Vienna - Airport - Vienna
REX trains run every hour between Wien Westbahnhof and St. Pölten Hbf.
Rail replacement service for line S 50 between Wien Hütteldorf and Eichgraben-Altlengbach.
Trains on the S80 line are cancelled between Vienna Meidling and Vienna Hütteldorf.
ÖBB tickets are recognized by Wiener Linien on the Vienna Meidling - Vienna Hütteldorf and Vienna Westbahnhof - Vienna Hütteldorf sections.
Cancellation of ICE trains between Vienna Central Station and Passau Central Station.
We ask travellers to inform themselves about their planned connections before departure in the ÖBB timetable information Scotty, the ÖBB app or at the ÖBB customer service at 05-1717."
The Polish site still says no service past Czechowice Dziedzice in their country until the 30th of September and the Czech site shows the train running with the normal delay due to scheduled construction after the 30th.
I've contacted OBB multiple times, but they are no help. They cannot clearly state anything and offer no help in refunding.