March 30, 2026, 12:09 pm | Read time: 3 minutes
Arriving early at the airport usually feels like a safe bet—but that can be misleading. Two travelers showed up on time before departure, yet stood too long in line and missed their flight. So, what rights do they have? A court ruling now shows why this isn’t automatically their own fault.
According to a decision by the Higher Regional Court of Celle (ruling from Sept. 24, 2025 – 11 U 31/25), the tour operator can also be held responsible if passengers miss their flight due to organizational issues. The usual recommendation is to arrive at the airport about two hours before departure. But even that doesn’t offer absolute security.
In the case at hand, the flight was scheduled to depart at 6:55 a.m. The affected travelers reported arriving at the airport at 4:50 a.m.—coinciding with the start of check-in. Shortly thereafter, a second counter was opened. However, passengers for two flights scheduled to depart closely together were processed there.
About 150 people waited at each counter. The processing of the two travelers took about an hour. They then needed around 50 minutes for the security check. When they finally arrived at the gate five minutes later, it was already closed—the flight was gone.
No Rebooking–Case Goes to Court
The airline also refused to rebook them on a later flight. As a result, the trip could no longer be taken. The affected parties then went to court.
The Higher Regional Court clarified that the delays at check-in and missing the flight are considered travel defects. The tour operator generally bears the risk for the proper execution of the trip—even if issues arise from the organization of the contracted airline.
Additionally, the court emphasized that the travelers did not violate their duty to cooperate. In particular, it was deemed unreasonable to cut in line. Cutting in line was explicitly classified as “socially undesirable behavior.” It should also be noted that due to the close departure times, both passenger groups were equally affected.
Another important point: According to the European Passenger Rights Regulation, check-in should take no longer than 45 minutes—a timeframe that was clearly exceeded here.
Possible Compensation and Settlement Proposal
In addition to the possible refund of the travel price, the court also considers a claim for compensation for lost vacation time as conceivable.
A final judgment is still pending. The plaintiffs must first substantiate their claims, such as through witness statements. The court proposed a settlement to resolve the dispute: a payment of about 6,200 euros to the travelers.