OLG Vienna overturns clauses of German skiers' insurance

The German insurance provider "Freunde des Skisports eV im Deutscher Skiverband" has lost a lawsuit brought by the VKI before the Vienna Higher Regional Court. Among other things, the Austrian consumer protection groups took action against an automatic extension of ski insurance. The verdict is not yet legally binding.

First, the Higher Regional Court of Vienna had to deal with which law is to be applied – German or Austrian. The court decided on Austrian and thus in favor of the VKI. “Fortunately, the Vienna Higher Regional Court confirms the decision of the court of first instance that the Austrian consumer protection law must be applied here,” comments VKI lawyer Marlies Leisentritt on the verdict. “The clause on automatic contract extension that was mentioned was declared inadmissible. Because the German association 'Freunde des Skisports eV im Deutscher Skiverband' does not undertake in the contract to inform consumers at the beginning of the notice period that the contract will be extended if they do not terminate it in good time."

The Vienna Higher Regional Court also judged five other clauses to be illegal. For example, a clause according to which consumers need the original purchase receipt to process damage and theft cases was judged to be non-transparent, grossly disadvantageous and surprising.

The German association "Freunde des Skisports eV in the German Ski Association" also offers memberships with ski insurance in Austria. Online as well as in sporting goods stores. In the case at hand, a consumer had also taken out ski insurance offered there in a ski shop in Schladming when buying new skis. He wanted to cancel the ski insurance more than a month before the term was extended. But the club informed him that he had not given notice and that he would still have to pay for another year. The association referred to a clause in the general terms and conditions. According to this clause, membership in the association and insurance cover are valid for one year from the conclusion of the contract. Both are extended by one year if they are not canceled three months before they expire.