Missing a flight because of delayed train connections on the way to the airport does not justify compensation for a cancelled package holiday. This was the conclusion reached by the Koblenz Regional Court in a ruling published on Tuesday. The case was brought by a man who, together with his wife, had intended to travel to Frankfurt Airport using a so-called Rail&Fly ticket with Deutsche Bahn. (Case No. 16 O 43/24)
For his journey to Frankfurt, the man had chosen a connection that, if the trains had run on time, would have brought him to the airport’s long-distance station at 9:18 a.m. on the day of departure. The couple’s flight, scheduled for 11:50 a.m. in November 2023 via Amsterdam to Bergen, Norway, was the start of a Northern European cruise.
The plaintiff argued that he had started the trip on time. He and his wife had arrived at Halle station at 5:45 a.m. for the planned 6:18 a.m. departure. Due to train cancellations, delays, and a missed connection, they arrived in Frankfurt so late that check-in was no longer possible. According to the court, he therefore demanded compensation equal to 50 percent of the travel price for the thwarted holiday.
The Regional Court rejected this claim. While the train journey to the airport with the Rail&Fly ticket was part of the tour operator’s travel services, the court held that the plaintiff was personally responsible for missing the flight. The operator had pointed out in the travel documents that for non-EU destinations, travelers should arrive at the airport check-in counter three to three and a half hours before departure.
These travel instructions were not merely non-binding recommendations, the court added. Since the Rail&Fly offer, with its flexible train choice, was part of the package holiday, the provider could issue general rules for careful travel planning. Otherwise, the provider would be burdened with the risk of serious planning errors by travelers without justification.
The court noted that the plaintiff, who at best would have arrived two hours and 32 minutes before departure, had to “bear responsibility himself” for the delayed arrival at check-in. The court further stated that his time planning had been “extremely tight even under optimal travel conditions” and also referred to the “Deutsche Bahn, known for its unreliability.”
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