Review of Clauses: Airline GCCs (Part 7)

Aug 6, 2026 Benn-Ibler Rechtsanwälte

The 25 June 2026 issue of the USANCEN newsletter published the initial segment of an Austrian Supreme Court ruling (Oberster Gerichtshof, hereinafter OGH) regarding clauses in an airline’s General Conditions of Carriage (GCC). This week, USANCEN is featuring the tfinal two clauses.

Clause 14:

‘Fees for name changes are charged per passenger/booking. Further information can be found in our fee schedule.’

When construed in the manner least favourable to consumers, the clause may place a fair-minded passenger who changes their name at a gross disadvantage, since the fees could substantially exceed the costs actually incurred by the defendant.

The OGH ruled that this clause was invalid.

Clause 15:

‘Rebooking fee for missed flight […] Applies only from less than 40 minutes before departure until one hour after departure.’

The fee table sets the charge for this situation at EUR/£100.

The word ‘miss’ does not indicate whether the passenger missed the flight due to fault or for reasons beyond their control. As a result, even on the interpretation least favourable to consumers, the clause also covers cases in which the defendant must provide free rebooking under the Air Passenger Rights Regulation. The clause is therefore grossly unfair and non-transparent, because its inaccurate presentation of the legal position is liable to discourage consumers from enforcing their rights.

The OGH found that the clause breached the prohibition on grossly unfair terms and noted that it was also incomprehensibly worded.

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