What happens if you book a train trip along with a package holiday and the train is so late that you miss your flight? An Austrian court had to deal with exactly this question because the tour operator turned away and did not feel responsible.

A couple wanted to go on their honeymoon and booked a package trip to Hanoi. To travel from the Mühlviertel to Vienna-Schwechat Airport, they booked special ÖBB tickets through the tour operator, which are only available through the tour operator. A specific time window is specified during which the trains can be used on the route in question.

The couple got on the train, but they didn't arrive on time. According to the Chamber of Labor in Upper Austria, there was initially a longer stay in Amstetten. Then the connection ended unscheduled at Vienna Central Station and not at Vienna-Schwechat Airport as originally planned. The two took a taxi in the capital, but the check-in counters at the airport were already closed.

In contrast to individual travelers, who can only take out private travel insurance for such unforeseeable things, package travelers are covered. The tour operator must provide appropriate replacement or is liable for the proper fulfillment of the contract, i.e. carrying out the booked trip. But the tour operator saw it completely differently, because he tried to brush the couple off and was of the opinion that the trip had started at Vienna Airport and not in the Mühlviertel. They did not want to accept liability for the ÖBB delay. 85 percent of the travel price was retained as cancellation costs.

An intervention by the Upper Austrian Chamber of Labor, where the couple sought legal help, did not lead to the desired result. The consumer advocates had to go to court and the tour operator was ordered to pay back 3.673 euros plus legal and court costs.

According to the Chamber of Labor, the court found that the train journey was an integral part of the package holiday because it was booked through the tour operator when booking the trip. The tour operator was therefore ordered to repay the full travel price of 3.763 euros. This is also due to the fact that the passengers were not able to start their vacation at all, as replacement flights were not provided at Vienna-Schwechat Airport. There was no honeymoon in Vietnam, but there was a court decision to give the money back.