Eleven clauses for high school graduation trips in 2021 are illegal – the Supreme Court (OGH) once again agrees with AK – money back with AK sample letter
Vienna (OTS) – The AK has sued two different versions of the general terms and conditions from 2019 and 2021 of the X-Jam high school travel provider DocLX Travel Events GmbH. After an already successful ruling in the fall, the Supreme Court once again ruled in favor of the AK: Numerous clauses from 2019 are now largely invalid for matura trips in 2021. For example, the 30 to 85 percent flat-rate cancellation fee is inadmissible without reference to the free right of withdrawal in exceptional circumstances (forest fires). With the AK sample letters, consumers can get back the money they have unlawfully demanded.
The AK had already been proven right by the OGH last year. She had complained about several clauses in the general terms and conditions from February 2021 for trips in 2022. For example, the “green contribution” of ten euros for all bookings, a processing fee for replacement travelers and a flat-rate cancellation clause without reference to the free right of withdrawal in exceptional circumstances are not permitted.
Now the AK has achieved another success: all clauses complained about for trips in 2021, which are based on the general terms and conditions from 2019, are unlawful. The X-Jam high school travel provider is no longer allowed to use eleven clauses. The most important prohibited clauses:
+ Non-transparent flat rate cancellation clause: DocLX used cancellation fees of 30 to 85 percent without reference to the free right of withdrawal in exceptional circumstances – such as forest fires. It seemed as if withdrawal would only be possible for a fee. However, travelers can withdraw from the package travel contract free of charge if unavoidable and extraordinary circumstances arise at the holiday destination or in the immediate vicinity and the trip cannot take place or is significantly affected as a result.
+ Prohibited processing fee: 27 euros processing fee for name, week or journey changes, shortening or extending the trip and in the event of cancellation. The clause contradicts the Package Travel Act because, among other things, it does not provide for any restriction on reasonable or actual costs.
+ Unlawful Travel insurance premium: DocLX charged a premium of 53 euros per person for optional travel insurance. The traveler was left in the dark as to which insurer they were taking out and which services were included. In addition, the insurance could not be canceled. This contradicts the Insurance Contract Act. If the trip was canceled, a processing fee of 27 euros was charged again.
“The judgments generally only apply to the respective terms and conditions. If there are different clauses, we check whether they are similar to the clauses complained about,” explains AK consumer advocate Gabriele Zgubic. “Consumers can reclaim the wrongly collected fees using an AK sample letter for both trips in 2021 and 2022. Therefore, check carefully which version of the terms and conditions was agreed!”
SERVICE: All information about the illegal clauses, the two AK sample letters and the judgment at wien.arbeiterkammer.at/x-jam.
Questions & Contact:
Vienna Chamber of Labor – Communication
Doris Stretcher
+43 1 50165 12677 mobil: +43 664 845 41 52
doris.stretcher@akwien.at
For media inquiries only!
For all other inquiries: How to reach us: Your contact to AK | Chamber of Labor
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