When someone goes on a journey
(and when he doesn’t) …
Traveling with the family is probably the best but also most strenuous time of the year. Many travellers then like to play it safe and book a trip on a motorail train. But what if the motorail arrives late? Do the same requirements apply as for a package holiday? No, the Munich District Court ruled. The result may surprise many travellers.
In the present case, there was a delay of 12 hours on a trip from Austria to Turkey due to a police operation. Based on the compensation claims for package tours, the traveller demanded compensation in the amount of 600 euros.
The Munich Local Court, which ultimately had to decide the case, rejected a claim for payment. This was justified by the fact that – other than a package tour – the journey by car train was merely a passenger transport and not a journey within the meaning of travel contract law.
A package tour contains a bundle of services (accommodation, travel guide, organisation etc.). By contrast, a journey on a motorail train is a mere passenger transport. However, the Passenger Transport Act does not provide for a claim for wasted holiday time.
In cases such as this, however, the passenger is not entirely without rights: under EU law, the passenger is entitled to compensation from the railways (or the airline) in the event of major delays or even cancellations.