Chamber of Labor is suing X-Jam terms and conditions

Building of the Vienna Chamber of Labor (Photo: Jan Gruber).
Building of the Vienna Chamber of Labor (Photo: Jan Gruber).

Chamber of Labor is suing X-Jam terms and conditions

Building of the Vienna Chamber of Labor (Photo: Jan Gruber).
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The Chamber of Labor is currently conducting legal proceedings against the organizer of the X-Jam Maturareisen, DocLX Travel Ecents GmbH. The consumer advocates are of the opinion that a total of eleven clauses of the general terms and conditions violate applicable law.

For example, there is a cancellation fee, according to which 30 percent of the travel costs would be incurred if the contract was withdrawn up to 30 days before the start of the journey. In addition, the AK has contested clauses on processing fees. In the opinion of the AK, neither the cancellation nor the processing fees have to be paid. The proceedings are still ongoing.

In January 2021, the AK filed a lawsuit against DocLX Travel Events GmbH for eleven illegal clauses in the general terms and conditions. DocLX organizes graduation trips or graduation trips in the form of package tours. The proceedings are ongoing, there is still no verdict.

AK objects to a clause, for example, according to which from the receipt of the signed booking registration when the trip is canceled, cancellation costs of 30 percent are incurred up to the 30th day before the start of the trip. For the AK, the clause is illegal, also because holidaymakers are not informed in connection with the cancellation conditions that under certain conditions there is a free right of withdrawal. AK consumer expert Martin Goger: “Before the start of the package tour, travelers can very well withdraw from the package travel contract free of charge. This is the case if unavoidable and extraordinary circumstances occur at or in the immediate vicinity of the holiday destination so that the package tour cannot take place or the implementation of the trip is significantly impaired. Such a circumstance would be, for example, a natural disaster or the outbreak of an epidemic at the holiday destination. "

In addition, in the event of cancellation, the compensation must be “reasonable and reasonable” for the company. In the opinion of the AK, cancellation costs of 30 percent up to the 30th day before departure are neither appropriate nor justifiable. In addition, the clause differs significantly from the usual ten percent cancellation fee for cancellations up to the 30th day before departure.

The AK has also contested clauses on processing fees. For example, the travel provider charges processing fees for name changes, rebooking and also (in addition to the high cancellation costs) in the event of cancellations. “In our opinion, the clauses are inadmissible. Because the processing fees are incurred regardless of the costs that the company actually incurred. It is also not differentiated according to whether travelers are to blame for a necessary change such as a rebooking ”, says Goger.

DocLX rejects the allegations

“It goes without saying that all contractual clauses have been checked in advance by our lawyers. The trip in question is a special event trip that cannot be compared with a normal package tour. In addition, the AK warned of clauses that do not appear in our general terms and conditions ”, explains DocLX managing director Thomas Kroupa.

The manager is amazed at the timing of the AK broadcast, because “the AK's lawsuit was filed in January 2021 and the proceedings are still ongoing. The court has therefore not yet made a decision on these, from the point of view of our lawyers, unfounded accusations by the AK.

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Editor of this article:

René Steuer is an editor at Aviation.Direct and specializes in tourism and regional aviation. Before that, he worked for AviationNetOnline (formerly Austrian Aviation Net), among others.
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About the editor

René Steuer is an editor at Aviation.Direct and specializes in tourism and regional aviation. Before that, he worked for AviationNetOnline (formerly Austrian Aviation Net), among others.
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Nobody likes paywalls
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Information should be free for everyone, but good journalism costs a lot of money.

If you enjoyed this article, you can check Aviation.Direct voluntary for a cup of coffee Coffee trail (for them it's free to use).

In doing so, you support the journalistic work of our independent specialist portal for aviation, travel and tourism with a focus on the DA-CH region voluntarily without a paywall requirement.

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