The Higher Regional Court (OLG) Vienna declared 19 clauses of the General Conditions of Carriage of Laudamotion to be illegal. The judgment is final.
A central point of the complaints concerns clauses that are supposed to make it more difficult for travelers to enforce their rights against Laudamotion. For example, one stipulated that travelers had to assert their claims for compensation - for example in the case of delayed flights - themselves and were not allowed to transfer them to authorized facilities. For the Higher Regional Court of Vienna, travelers are grossly disadvantaged as a result.
The Vienna Higher Regional Court also criticized the fact that complaints must be submitted in the prescribed form, namely by email, fax or an online complaint form. "The use of certain forms can be recommended, but this must not mean that an entrepreneur may reject consumer complaints in the form of a letter," said Beate Gelbmann, head of the complaints department at the VKI.
Change of flight times
The court was also critical of the fact that flight times could be changed at will without any restrictions. Consumers could not assess under what circumstances and to what extent a change in departure times could take place. According to the judgment, this constitutes an inadmissible right to change services for Laudamotion.
Other inadmissible clauses relate, among other things, to limitations of liability or indefinite storage fees for items of luggage that have not been collected. The judgment in the full text gives up www.consumption law.at.