The low-cost airline Wizz Air has suffered a significant defeat before the Supreme Court (OGH) in Austria. Three rulings have now declared numerous clauses and practices in the airline's general terms and conditions and conditions of carriage to be illegal. In particular, various fees and conditions for gift vouchers and Wizz accounts were found to be inadmissible. The consumer protection organization Arbeiterkammer (AK) successfully filed a lawsuit against the unclear and partly hidden contract terms that had disadvantaged passengers in Austria since 2019.
The Chamber of Labor (AK) had attacked a total of 88 clauses in the Wizz Air conditions of carriage and the Wizz Account, 81 of which were declared illegal. These included the notorious 40 euro check-in fee at the airport, which was hidden in the contract terms, and the practice of refunding ticket costs exclusively in Wizz Credits without the written consent of the passengers. The procedure for refunding ticket costs via the Wizz Air website and the strict deadlines for gift vouchers were also deemed inadmissible. The clauses were not only non-transparent, but in some cases were also misleadingly worded, which put consumers in a legally difficult position.
The ruling of the Supreme Court has now provided clarity. In a decision welcomed by the AK, it was determined that several of the clauses contained in the General Conditions of Carriage violate applicable law and are therefore invalid.
Wizz Air's Unacceptable Practices: Details and Impact
In the past, Wizz Air had failed to communicate many of the fees clearly and transparently. The often difficult to understand and non-transparent wording and hidden costs repeatedly caused frustration among passengers. For example, the 40 euro check-in fee that passengers had to pay at the airport was not clearly visible in the contract terms. For many customers, this represented an unreasonable financial burden, which has now been classified as not only illegal but also inadmissible by the court ruling.
Another controversial element was Wizz Air's gift vouchers, which were only valid for 12 months. This was considered too short a period of time for the voucher to be used and was therefore declared illegal. Likewise, the practices regarding Wizz Credits, where refunds were to be made exclusively in the form of credit on the Wizz account without obtaining the customer's written consent, were deemed illegal.
In addition, objections were raised about improper procedures for customers to make claims. It was not legal that passengers had to make their compensation claims exclusively via the Wizz Air online portal, without the possibility of making them directly in any other way. The practice of requiring customers to contact the chargeable call center instead of making the claims in a straightforward manner through direct communication was also criticized.
solutions for affected passengers
There is now a customer-friendly solution for the affected passengers who have suffered from these unlawful clauses and practices since 2019. In agreement with the AK, Wizz Air has agreed to refund the unjustified fees and practices. Passengers who paid the 40 euro check-in fee at the airport can now claim it back in full. In addition, consumers whose gift vouchers have expired will receive new codes by email so that they can be redeemed again.
For passengers who received Wizz Credits, Wizz Air now offers the choice between a full refund to an account of their choice or a credit to the Wizz Account. These solutions ensure that the passengers concerned are not left at a disadvantage and can assert their rights.
Wizz Air and the reactions to the verdict
The airline Wizz Air has repeatedly complained in the past about the high regulatory requirements and the "non-passenger-friendly" approach of authorities. The company has not yet made any official statements regarding the legal action taken by the Chamber of Labor. However, the Supreme Court's ruling represents a further setback for the company, which says it wants to focus more on optimizing its services.
Overall, the ruling represents an important step in consumer policy by setting a clear limit on the practices of low-cost airlines. Customers now have the opportunity to enforce their claims against Wizz Air, while the airline must adapt its contract terms to meet legal requirements.
"Following discussions with the Austrian Chamber of Labour, Wizz Air has reached a settlement to resolve the issues raised in the legal proceedings. The airline acknowledges and accepts the recent rulings of the Vienna Commercial Court and will act accordingly. As part of this agreement, Wizz Air has set up a refund process for passengers who have been charged an airport check-in fee since 1 January 2019 and will restore or refund expired WIZZ Credits and reissue expired WIZZ Vouchers with a five-year validity. Wizz Air has also set up a dedicated refund page for affected customers and remains committed to ensuring transparency and compliance while continuing to offer affordable travel options," said a Wizz Air spokesperson.