OLG Vienna: Ryanair check-in fee invalid

Jun 17, 2022 Benn-Ibler Rechtsanwälte

The Vienna Higher Regional Court (Oberlandesgericht Wien, OLG Wien) declared 23 clauses in Ryanair's General Terms and Conditions invalid. This also includes the fee that passengers had to pay for a check-in at the airport if they had not checked in online beforehand (EUR 55.00).

Specifically, Ryanair used the following clauses:

Clause 15: "All passengers must check in online at https://www.ryanair.com/ and print and carry the boarding pass, outside the Flexi Plus tickets which also include the free airport check in, until you use a mobile boarding pass (you must comply with the criteria for using the mobile boarding passes, click here for the conditions)".

Clause 16: "Passengers who fail to check in within the specified time limits (except for Flexi Plus customers) will be charged the airport check-in fee at the price indicated in our table of fees" .

The OLG considered these two clauses to be a violation of Section 864a of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) because it considered the clauses to be astonishing. Indeed, it was never actively pointed out on Ryanair's website during the entire booking process that a fee of EUR 55 would be charged for an airport check-in. Rather, customers had to research this information themselves. According to the OLG, a consumer - even if he realises that an additional fee for airport check-in will be charged - should not expect to pay EUR 55, as it is a conspicuously high price for a simple data entry.

Since the validity check already led to the invalidity of the clause, a content check (Sec. 879 para. 3 ABGB) was no longer necessary. Nevertheless, the OLG Wien at least suggested that there might also be a gross discrimination.

As of 24.05.2022, Ryanair is essentially using the same clauses again. However, the check-in fee is now pointed out at the beginning of the booking process. Whether the fee itself is illegal remains to be clarified.

OLG Wien 1 R 131/20x (30.11.2021)