DE: "Rail to Fly" ticket as part of the package trip

Oct 27, 2021 Benn-Ibler Rechtsanwälte

The German Federal Court of Justice (Bundesgerichtshof, BGH) ruled in June 2021 that a so-called “Rail to Fly” ticket, if it is listed as an “advantage” when booking a package holiday without any reference to an additional fee, can be used as a service offered by the travel company that is included in the all-inclusive price.

In the case at hand, the plaintiffs had booked a package trip for two people to Cuba at a price of EUR 3,598 from the defendant. The booking was made as a result of regarding an advertising brochure. The description contained the sentence: "Advantage: 2nd class train ride to flight including ICE use". However, the train connection booked by the plaintiffs arrived late at the airport, so that the flight could no longer be reached in time. The defendant then offered a rebooking to another flight for an additional charge of EUR 2,400. The plaintiffs rejected this offer and asserted that the train connection, due to which they had missed the flight, was to be regarded as a defect in the booked trip and therefore requested a reimbursement of the travel price and compensation for lost holiday enjoyment.

Contrary to the decision of the Court of Appeal, the BGH ruled that the rail transfer to the airport is included in the scope of the travel contract. A Rail to Fly ticket can thus be viewed as a service provided by the travel company itself, as a kind of "travel service", and not as an arranged third-party service, since the rail transfer is listed as part of the trip and was included in the package price. Consequently, the travel company is therefore responsible for the fault of Deutsche Bahn AG.

Due to the delayed train transfer and the missed flight as a result, the trip was defective in accordance with Section 651 c para 2 of the German Civil Code (in the version applicable until 2018). The plaintiffs can receive a reimbursement of the travel price due to a withdrawal or termination of the travel contract. In addition, there is a right to compensation for lost holiday enjoyment, which is usually 50% of the travel price if the trip is prevented.

BGH X ZR 29/20 (29.06.2021)