Court declares Austrian Airlines reimbursement clause to be invalid

The Lufthansa subsidiary Austrian Arlines (AUA) has lost a consumer lawsuit in court because of a contractual clause on flight price reimbursement after flight cancellations. The clause is not legally admissible, said the Association for Consumer Information (VKI) on Wednesday with reference to a judgment by the Higher Regional Court Vienna (OLG). According to the VKI, the AUA referred to the said clause after passengers requested a refund of their ticket costs after cancellations due to the corona pandemic. For the time being, no comments were received from Austrian Arlines.

The clause can be found in the General Conditions of Carriage for Passengers (ABB) at both AUA and the parent company Lufthansa and is referred to as a so-called reimbursement restriction note. This states that reimbursements will only be made to the people who have paid for the ticket. According to the VKI, complaints were mainly made by people who had booked via online platforms. Often these are booking portals that are based abroad and are often difficult to access.

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