Traveler's flight transfer responsibility: determining the travel company's liability
Straight from the front porch to the airport terminal: Travel agencies entice travelers with ease using "Rail and Fly" deals, but trouble can ensue when it comes to legal disagreements. The European Consumer Center (EVC) highlights this issue.
Increasingly, travel agencies provide packages that include a train ride to the airport, in addition to a flight and hotel stay. This might seem convenient for travelers, yet from a legal standpoint, it could lead to complications. As per the EVC, not all "Rail and Fly" deals are covered under the package travel law. Typically, the tour provider is accountable for the failure of services, like a flight. For the train journey to the airport to also be included, it needs to be an integral part of the booking, rather than an additional offer, according to the EVC. A 2021 ruling by the Federal Court of Justice (BGH) is a prime example, ruling that the train tickets were part of the package when no separate price was specified. (Case no.: X ZR 29/20)
The ins and outs of "Rail and Fly"
The German Railway itself does not provide "Rail and Fly" deals; travelers must secure them from a travel agency or airline. The selected train connection can then be chosen using the flight booking code or flight ticket number.
The EVC suggests allowing ample time for the journey to the airport, which is necessary, as per the BGH decision, to enable the application of package travel law in case of delays. The travel agency may impose such requirements in the travel documents, which should be followed strictly to support any potential claims in case of disputes.
In the case considered by the BGH in 2021, the travel agency specified that the connection should allow for the airport to be reached no later than two hours before departure. With a scheduled departure time of 12:05 p.m., the planned arrival time of the train was 9:35 a.m., making the chosen train connection suitable, according to the judgment.
Setting the time buffer
However, in a 2017 case heard by the Frankfurt am Main District Court, the travel agency mandated that the connection be chosen so that the airport could be reached no later than three hours before departure. However, the traveler selected a connection that would arrive at 16:22 p.m., which was less than three hours before the scheduled departure time of 19:10 p.m.
The traveler missed the flight due to a train delay. Since he had not followed the time buffer specified in the travel documents, he sought compensation and damages for lost vacation days from the travel agency before the court.
It was determined in the judgment that the traveler had breached his duty to cooperate during the trip implementation: "It is the traveler's risk if he disregards such instructions in the travel documents." (Case no.: 2-24 S 40/17)
It's crucial to remember in this context: The German Railway is not liable for delays resulting in subsequent damage like missed flights. Claims can only be filed by package travelers against the organizer if they have followed the time buffer specified by the organizer.
