Aviation Law
December 18th, 2025
On October 28, 2025, the Federal Court of Germany (“Bundesgerichtshof”,BGH) issued an interesting ruling in the case X ZR 110/24, which could be of significance to certain airlines, particularly those that use similar clauses in their General Terms and Conditions (T&Cs). The case was initiated by a consumer protection association.
The ruling concerns a clause that provides for a recalculation of the airfare if a passenger does not take their flight in the order specified on the ticket.
Key Points of the Ruling:
The court decided that a clause which provides for a recalculation of the airfare in case passengers do not take their booked journey in the specified order is invalid in certain cases. This is particularly relevant for passengers who must change their plans due to unforeseeable reasons (e.g., illness or force majeure) but who originally intended to take the full journey.
According to the BGH, this provision constitutes an unreasonable disadvantage in the sense of the AGB (terms and conditions) control under Sections 305 et seq. of the German Civil Code (BGB). Specifically, the clause does not distinguish between passengers who deliberately exploit the cheaper fares of connecting flights to their advantage and misuse the airline’s pricing system, and those who are genuinely prevented from taking a part of their journey.
However, the Federal Court also acknowledges that airlines have a legitimate interest in protecting their pricing system, and such clauses may be effective against those passengers who misuse the complex fare system.
An interesting aspect of the ruling is the court’s observation that, while it may be difficult for airlines to prove whether a passenger originally intended to use only a portion of the flight, this issue could be addressed by a regulation that places the burden of proof on the passenger to demonstrate that they had originally planned to take the entire journey.
Implications for Airlines’ “Cross-Ticketing” T&Cs:
In light of this recent, high-level ruling from Karlsruhe, airlines should urgently review their fare recalculation clauses to ensure their legality. In particular, it is necessary to clarify under what circumstances fare recalculations are justified and how changes to the passenger’s travel plans should be handled.
It may be advisable to explicitly define unforeseen changes (e.g., illness, force majeure) in the T&Cs, as well as to introduce specific notification obligations for passengers. Furthermore, airlines may consider implementing a burden of proof reversal in their T&Cs, whereby passengers would be required to prove that they originally intended to use the full service and that their change in travel plans was due to circumstances that occurred after the contract was concluded.
In any case, airlines should aim to differentiate their clauses more clearly in their T&Cs. It may therefore be necessary to adapt existing “cross-ticketing” formulations in the T&Cs to ensure that the clauses are clear, transparent, and do not impose an unreasonable disadvantage on passengers.
For more information about the ruling, this issue, or how to adjust your T&Cs, we are happy to assist you at any time!
