Salzburg Regional Court: Proportionate refund for purchasers of season tickets at ski resorts that were forced to close due to the Corona pandemic

Apr 28, 2021 Benn-Ibler Rechtsanwälte

The plaintiffs purchased "SuperSkiCards" from the defendant in autumn 2019, which entitled them to use several ski resorts from 12.10.2019 to 03.05.2020. After all ski resorts had to close in March 2020 due to the Corona pandemic, the ski season was shortened for the plaintiffs. The plaintiffs sought reimbursement from the defendant for the proportionate cost of the season pass.

The court of first instance dismissed the claim. Even though the season ticket was valid from 12 October 2019 to 3 May 2020, both parties to the contract did not assume at the time of purchase that the ticket could also be used on every day. An unjustified transfer of wealth in favor of the defendant was not apparent due to the premature end of the season.

The Salzburg Regional Court (Landesgericht Salzburg) upheld the defendant's appeal. According to Sec. 1447 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), the contracting parties are released from their performance obligations if the performance becomes impossible due to an unforeseen event. Such a case existed if the performance of the service was prohibited by a sovereign act (law or decree). Therefore, it could be deduced for the present case that the pandemic-related closure of operations, which came into force in March 2020, constituted an event of force majeure within the meaning of Sec. 1447 ABGB. Thus, with the closure of the ski areas, the defendant was released from the provision of its services and at the same time the plaintiffs' obligation to pay the fees ceased to apply.

The verdict is legally binding.

LG Salzburg 53 R 18/21k (08.04.2021)