Review of Clauses: Airline GCCs (Part 5)

Jul 23, 2026 Benn-Ibler Rechtsanwälte

The 25 June 2026 issue of the USANCEN newsletter featured the first part of a relevant ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) on a clause relating to an airline’s General Conditions of Carriage (GCC). This week, USANCEN is focusing on the next two clauses.

Clauses 8 and 9:

Clauses 8 and 9 relate to the airline’s carry-on baggage policy.

The terms and conditions distinguish between a small carry-on bag measuring up to 40 cm x 20 cm x 25 cm and a 10 kg carry-on bag or large carry-on bag. A baggage sizer is also mentioned, referring to a small carry-on the size of 42 cm x 20 cm x 30 cm.

This creates uncertainty for consumers, who may reasonably assume that hand baggage measuring up to 42 cm x 20 cm x 30 cm can also be carried free of charge.

Clauses 8 and 9 are ambiguous and therefore invalid.

Clause 10:

You must collect your checked baggage as soon as it is available at your destination. If you do not collect your baggage within a reasonable time, we may charge you a storage fee. If your checked baggage is not collected within three (3) months after it is made available for retrieving, we may dispose of it without any obligation to account to you.

The clause does not specify what constitutes a reasonable period of time, nor does it specify the amount of the storage charge. Nor does the clause distinguish between baggage that has been carried as scheduled and baggage that has been mishandled. In any event, according to its terms, even if interpreted in the most unfavorable light for the customer, the clause applies even if the baggage is misrouted and therefore arrives at its destination with a significant delay.

Under the clause, a consumer who cannot return to the destination airport within the specified period would lose ownership of their baggage, regardless of its nature or value.

The OGH ruled that the clause was grossly unfair and unclear.

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