Review of Clauses: Airline GCCs (Part 3)

Jul 9, 2026 Benn-Ibler Rechtsanwälte

The 25 June 2026 edition of the USANCEN newsletter featured the initial segment of a pertinent Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling regarding clauses in an airline’s General Conditions of Carriage (GCC). This week, USANCEN will review the following two clauses:

Clause 4:

“You must check in online at www.*.com and print or download your boarding pass. If you have a ‘Flexi Plus’ ticket, you can check in at the airport free of charge.”

[…]

“Once you have checked in online, you can print copies of your boarding pass or download it to your mobile phone up to two hours before the scheduled departure time. Your boarding pass must be printed on a single A4 page or downloaded via the * app.” […]

Clause 5:

“If you do not use the free online check-in service, or if this is not included in the fare, a fee of EUR 55 or the equivalent in local currency will be charged for checking in at the airport. […] If you are unable to print out your boarding pass at the airport or show it in the * app, a fee of EUR 15 will be charged at check-in.”

The OGH has ruled as follows on these clauses:

The first clause addresses the check-in fee and outlines the criteria for its exemption, while the second specifies the boarding pass format that must be presented at check-in and details the penalty imposed for non-compliance. These provisions pertain to distinct regulatory matters and should be evaluated independently.

Even when interpreted in a manner least favourable to the consumer, the clause regarding the check-in fee permits this fee to be imposed, even if online check-in is not completed due to circumstances attributable to the defendant. This provision effectively shifts business risk to the consumer, raising concerns about its fairness.

With regard to boarding-pass concerns, it should be noted that a strict application of the policy may result in the fee being imposed in situations such as when a passenger prints their boarding pass using an incorrect paper size, presents a screenshot, or utilizes an electronic device other than a mobile phone (for instance, a tablet). No clear objective justification is provided for imposing a EUR 15 charge in these specific circumstances. The implementation of this fee appears to lack transparency and may render the clause unduly disadvantageous.

OGH 4 Ob 170/25s (19 May 2026)