General Terms and Conditions: Limitation of liability to the amount of the rental charge

A limitation of liability clause "In the event of slight negligence (except for personal injury), S *** is liable for the damage up to the amount of the agreed rental charge" provided in the general terms and conditions of a car rental company is valid. § 6 (1) (6) KSchG is not violated because neither the liability for personal injury nor the liability for grossly negligent or deliberately caused material damage is limited. In addition, the exclusion of liability for slightly negligently caused material damage is not a major disadvantage in the sense of § 879 (3) ABGB because the diluted freedom of the consumer is not so relevant in such a case as for example, against large banks or telecom operators. [OGH (07.06.2016, 10 Ob 74/15b]

• [„KSchG” is the Austrian Law on customer protection; “ABGB” is the Austrian Civil Code]