May 27, 2026, 10:11 am | Read time: 2 minutes
If you frequently travel by train, you’ve likely experienced overcrowded trains. And if you’ve ever sat on the carpeted floor of an ICE train and glanced at the empty compartment across from you, you might have wondered: Can you switch to first class in such a case? Or do the conditions of the purchased ticket still apply? TRAVELBOOK investigated.
“Dear passengers, unfortunately, a train section is missing.” Regular train travelers are familiar with announcements like this. Passengers then have to distribute themselves among the remaining cars, seat reservations are often canceled–and the train becomes very crowded. It gets even worse when several trains are canceled in a row, perhaps due to a storm, a bomb disposal, or an accident. Then, travelers sometimes pile up in the aisles. Waiting for the next train is rarely an option. Some might then consider sitting in first class with their second-class ticket on the ICE. But is that even allowed?
Also interesting: I traveled first class on the train for the first time–my conclusion
Despite a full train, there is no entitlement to first class on the ICE
The answer is: No. Attorney Nicole Mutschke explains to TRAVELBOOK: “With a second-class ticket, you cannot simply sit in first class, even if the train is overcrowded. Of course, the train company can show goodwill and allow the use of first class. However, there is no entitlement to it, even with an overcrowded train.”
Ultimately, the train conductor decides which passengers can travel in first class without paying a surcharge. “Priority is given to those in need, such as pregnant women and travelers with mobility impairments,” a train spokesperson tells TRAVELBOOK. Those not selected by the conductor and holding a flexible second-class ticket can purchase a so-called “upgrade ticket” during the journey and then sit in first class. Whether the additional cost is worth it is up to each individual.
In general, using first class with a second-class ticket is considered fare evasion. Travelers should follow the staff’s instructions–otherwise, a fine may be imposed.