By Sascha Laib, Lawyer, Stenger Rechtsanwälte
Aliant+ Global Network Member Firm
This article is contributed by Sascha Laib, Lawyer at Stenger Rechtsanwälte, an Aliant+ member firm with recognised expertise in aviation and commercial law. It examines a recent ruling by the German Federal Court of Justice addressing the validity of cross-ticketing clauses in airline terms and conditions. While the decision originates from Germany, the principles discussed have broader relevance for airlines and businesses operating under consumer protection and contract law regimes in crossborder contexts.
Article
On October 28, 2025, the German Federal Court of Justice (Bundesgerichtshof, BGH) issued an important decision in Case No. X ZR 110/24 concerning the validity of so-called cross-ticketing provisions in airline terms and conditions (T&Cs). The ruling has significant implications for airlines that rely on fare recalculation clauses within their contractual framework.
Key Legal Findings of the BGH
The case centred on a contractual clause allowing an airline to recalculate the ticket price if a passenger failed to use their booked itinerary in the order specified on the ticket. The BGH held that such a clause may constitute an unreasonable disadvantage to passengers under German law governing standard contractual terms (Sections 305 et seq. of the German Civil Code).
According to the court, the clause failed to adequately distinguish between:
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Passengers who intentionally exploit fare structures by deliberately not completing segments of their journey; and
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Passengers who are prevented from travelling as planned due to unforeseen circumstances, such as illness or other unavoidable events.
By treating these scenarios identically, the clause was deemed incompatible with fundamental principles of fairness and transparency in consumer contracts.
Balancing Airline Interests and Consumer Protection
The BGH acknowledged that airlines have a legitimate commercial interest in protecting their pricing models and preventing fare manipulation. However, this interest does not justify contractual terms that impose automatic and disproportionate consequences on passengers without proper differentiation.
Importantly, the court addressed the practical difficulty airlines face in assessing a passenger’s original intent. It indicated that contract terms could, in principle, require passengers to demonstrate that they genuinely intended to complete the full itinerary at the time of booking, provided such provisions are clearly drafted and proportionate.
Implications for Airline Terms and Conditions
In light of the ruling, airlines should review their existing fare recalculation and cross-ticketing clauses carefully. To reduce legal risk, carriers may consider:
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Clearly defining circumstances that qualify as unforeseen or unavoidable changes to travel plans, such as documented illness or force majeure events;
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Introducing reasonable notification obligations requiring passengers to inform the airline of changes as soon as possible;
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Ensuring that any fare adjustment mechanisms are transparent and proportionate; and
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Structuring clauses that fairly allocate the burden of proof where passenger intent is disputed.
This decision reinforces the importance of drafting airline T&Cs that balance commercial interests with consumer protection requirements. Cross-ticketing clauses that lack sufficient differentiation or clarity may face enforceability challenges under applicable contract law standards.
For Further Guidance
For airlines, travel service providers, and businesses operating under standard contract terms, the enforceability of ticketing rules and consumer clauses remains a critical compliance issue. If you would like further guidance on reviewing or structuring cross-ticketing provisions, or on navigating consumer and contract law considerations in the aviation sector, Stenger Rechtsanwälte would be pleased to assist.
As a member of the Aliant+ Global Network, Stenger Rechtsanwälte collaborates closely with legal and accounting professionals worldwide to address crossborder commercial and regulatory matters. To learn more about the firm, including key contacts and areas of expertise, please visit their profile in the Aliant+ Global Directory:
https://aliantplus.com/directory/germany/
