§1.7.5 Passenger transport

Article 3 3. This Directive shall not apply to contracts: (k) for passenger transport services, with the exception of Article 8(2) and Articles 19, 21 and 22; Directive (EU) 2019/2161 amended this exception and made Article 21 on the ‘basic rate’ requirement for post-contractual telephone communications also applicable to passenger transport (see section 9 for further information). In case C-583/18 DB Vertrieb, the Court ruled that this exception does not apply to the sale of transport discount cards, which accordingly fall within the scope of the Directive. The Court qualified the latter as a type of ‘service contract’ with a special object that is not in itself directly concerned with enabling the transporting of passengers. Instead, the contract with an object to entitle the consumer to a price reduction when passenger transport contracts are subsequently concluded and the contract for the purchase of a passenger ticket are two contracts that are legally distinct from one another, so that the former cannot be regarded as a contract inextricably linked to the latter. The purchase of a card conferring upon its holder entitlement to price reductions when transport tickets are purchased does not necessarily entail the subsequent conclusion of a contract whose object is passenger transport itself (40).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07