Laudamotion: Court overturns the “family rip-off” clause

Lauda headquarters in Schwechat (Photo: Jan Gruber).
Lauda headquarters in Schwechat (Photo: Jan Gruber).

Laudamotion: Court overturns the “family rip-off” clause

Lauda headquarters in Schwechat (Photo: Jan Gruber).
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Once again, Laudamotion received a setback at the Korneuburg Regional Court in the first instance: The court overturned a total of seven clauses in connection with paid seat reservations. However, the judgment is more of a symbolic character, as flight operations have now ceased and the approvals have been returned.

The Association for Consumer Information (VKI) took the Laudamotion GmbH to court again on behalf of the Ministry of Social Affairs. Among other things, a clause regarding fees for seat reservations for family bookings was against, but also the possibility on the part of Laudamotion to change assigned seats again. The regional court (LG) Korneuburg found all the clauses that were sued to be inadmissible. The verdict is not yet legally binding.

One clause provides for a paid seat reservation for adults traveling with a child who is younger than 12 years. Since children under the age of 12 are accompanied by an adult according to the Laudamotion terms and conditions and have to sit next to them, this additional reservation fee is always applicable. This regulation is not permitted for the LG Korneuburg. A separate fee is required here for a service that must be used, which defines a contractual ancillary service obligation of Laudamotion. The clause is grossly disadvantageous because travelers with children incur higher costs as a result of this mandatory seat reservation. The actual amount of the cost of a seat reservation for family bookings remained unclear. Because the company put these in the terms and conditions at 4 euros, in a fee table at six euros.

"It is not understandable that Laudamotion collects additional Körberlgeld if parents sit next to their children during the flight", criticizes Beate Gelbmann, head of the complaints department at the VKI. “It is gratifying that the Korneuburg Regional Court has put a stop to such practices.

Another clause authorizes Laudamotion to change seats that have already been assigned at any time for operational or safety reasons. Seats reserved for a fee are also included in the clause. If, for example, the flight is carried out with a different machine than planned, the seats can be reallocated, regardless of whether the passenger has paid for a reservation. Laudamotion thus grants itself an inadmissible unilateral right to amend. The clause is therefore illegal.

According to another clause, customers who change their flight details or their name cannot transfer their seat reservations. In most cases, this clause does not provide for the reimbursement of a reservation fee that has already been paid. Especially in the case of a name change, the expiry of the seats already purchased for a fee is disadvantageous and surprising for the customers, according to the LG Korneuburg. But also with regard to the change in flight dates, the court judges the clause to be grossly disadvantageous.

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