Review of Terms and Conditions: Airline General Conditions of Carriage (Part 1)

Jun 25, 2026 Benn-Ibler Rechtsanwälte

In the case at hand, the claimant commenced legal action against an airline, challenging the validity of fifteen specific provisions contained in the General Conditions of Carriage. In this issue, USANCEN provides an analysis of the first clause.

The defendant is a major operator in the European airline industry. Additionally, it provides flight booking services to customers through its online portal accessible via its official website. All bookings are governed by its General Conditions of Carriage.

The claimant sought to prohibit the defendant from using fifteen clauses in commercial dealings with consumers in Austria.

The court of first instance denied the request for an injunction concerning Clause 12. However, it granted injunctive relief with respect to the remaining clauses. This decision was subsequently affirmed by the appellate court.

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) reviewed and evaluated the clauses in the following manner:

Clause 1:

"For reservations made via our booking centres, a booking fee is required. The applicable booking fee is outlined in our fee schedule and may only be refunded pursuant to Articles 10.2 or 10.3."

The provision regarding the collection of the booking fee lacks clarity in its drafting. Consumers may not always be informed about the purposes for which booking codes are issued by the defendant. Additionally, as the clause does not pertain to online bookings, information provided during internet transactions is not relevant. For instance, it is possible to reserve travel for multiple individuals and flights through a single interaction with the booking centre. The clause does not specify whether the booking fee is applied per transaction or per individual booking within such scenarios.

In summary, the OGH determined that the clause lacked clarity and was therefore ambiguous.

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