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Redemption of flight vouchers

17.05.2016

The general conditions of a flight company contain the text "cash payout of the (remaining) credit of a voucher is not possible". This clause is grossly disadvantageous according to § 879 Abs 3 ABGB (Austrian General Civil Code). In the present case the consumer could only obtain vouchers in denominations of € 10.00, € 20.00, € 30.00, € 50.00, € 100.00 and € 200.00 and he was prohibited to use more then one voucher per booking. This way, the consumer was exposed to the pressure to either book another flight to not let the remaining credit expire, or to foreswear the remaining value. The prohibition to use several vouchers for one booking in the combination with the limited adjusting of the amounts of the offered coupons is also grossly disadvantageous. It has the consequence of a considerable overpayment. This disproportion violates the Article 6 of the Directive 93/13/EEC. [OGH 22.12.2015, 1 Ob 222/15a]