Rechtsliteratur

Unfair Contract Terms Directive, link

Streckenbindungsklauseln im Flugverkehr und AGB-Kontrolle.

Numerous airlines demand an additional charge from passengers if, e.g. a return ticket is booked, but the customer does not take the outward flight. The terms and conditions for this are based on a judgment of the BGH. The author finds that these clauses are inadequate, which is in line with a decision of the OGH Vienna. What is needed is a precise differentiation between the reasons why the customer is not taking the flight. Because of the broad impact of these clauses, the new “Musterfestellungsklage” (test case law) should be used to let the BGH check his opinion.