Overcrowded Deutsche Bahn train: When can I move to first class?

Friday afternoon, the ICE train from Berlin to Munich is bursting at the seams: The seats are completely full, and even the aisles are barely accessible. But back there, in the first-class carriage, you spot a few empty seats. In this case, is it permissible to move up to a higher class?

In response to an inquiry, Deutsche Bahn said: “If the first class carriage has not been released by the train staff due to special circumstances, you are not allowed to travel to first class with a second-class ticket.” This is stated in the railway’s conditions of carriage.

In the event of overcrowding, the train manager decides which passengers may upgrade to first class at no extra charge. "Priority is given to people in need, such as pregnant women and passengers with limited mobility," the railway spokesperson said.

So sitting down is taboo, but what about standing? According to Deutsche Bahn, this is also not permitted: "There is no right to a seat or accommodation in first class if there is a lack of space in second class," state the conditions of carriage.

The only way to spontaneously upgrade to first class on a crowded train and legally sit in the empty seats is to purchase an upgrade. This is available up to ten minutes after the train's departure via the DB app – but only for Flexpreis and Flexpreis Business tickets or with a Bahncard 100. This is not an option for saver fare or regular fare tickets.

And are passengers with a second-class ticket allowed to use the restroom in the first-class carriage if the wait is too long? Officially, this is also not permitted – but train staff will usually turn a blind eye to such situations.

The route to the on-board restaurant may lead through first class.

Source: IMAGO/Future Image

However, it is of course permitted to walk through the first class carriage to reach your reserved seat or the onboard bistro.

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