Posted on 19.12.2010 17:49

Rail & Fly

The festive season is almost with us. Those seeking a respite from the cold have already planned holidays overseas.

It is good to know that while travelling one still has certain rights.

In two previous posts I introduced you to the Article 7 claim under the European Union’s Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

http://www.trust7....or_no_compensation_ii

Tour operators sometimes offer so called "Rail & Fly Tickets".

The BGH (Federal Civil Court) recently (judgement dated 28 October 2010 - Xa ZR 46/10)ruled on the liability of a tour operator who offered such a ticket combination.

The plaintiff demanded compensation of costs and expenses following a missed flight. She booked an all-inclusive-flight travel package from Düsseldorf to Samana in the Dominique Republic. The disembarking flight was supposed to take off on June 19 2007 at 11.15 h. In order to get there the plaintiff took advantage of "MEIER`S WELTREISEN Rail & Fly Ticket" encouraged by the following inscription in the travel catalogue:

"No stress and traffic jam with "MEIER"S WELTREISEN Rail & Fly Ticket". Every flight reservation in this catalogue contains ‚MEIER"S WELTREISEN Rail & Fly Ticket" 2nd class Deutsche Bahn AG to the airport without extra cost! …Please choose your connection in a way that allows for arrival at the airport no later than two hours before take-off...".

The plaintiff followed suit and chose a train connection that was scheduled to arrive at the airport at 9:08 h. The train, however, got delayed and the plaintiff only arrived at 11.45 h. She missed the flight. She contacted the defendant, travelled with the train to Munich and flew to the Dominican Republic the next day from there.

She successfully sued for the extra expenses such as accommodation, meals and cab charges.

The Court argued that the tour operator gave the impression that the successful transfer to the airport by train was as part of the tour operator´s promise. The description as "Rail and Fly", the depiction as a "service to easily arrive at the airport offered by MEIER`S WELTREISEN" and the fact that the transfer charges were contained in the overall package could only be construed in a way that the defendant offered the transfer as part of her specific obligation. The fact that the plaintiff herself had to choose the connection did not alter this view as long as the defendant advertised the transfer as part of a special service, extolled the benefits in comparison to other modes of transfer and gave detailed accounts on how to choose the connection.

Since the plaintiff adhered to the instructions the defendant had to compensate her for the extra charges.

The successful outcome of the case was based on the way the tour operator advertised the Rail & Fly option being an inherent part of his offered package as a opposed to an optional third party service. The reimbursement of those charges followed a specific remedy set out in Section 651 c III BGB

http://www.gesetze...et.de/bgb/__651c.html

and was not rooted in a claim for damages.


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