Posts tagged #general terms and conditions clause
All PostsOGH: Summer Use of Winter Season Passes
Civil LawThe settlement of a claim for a monetary refund by offering and accepting a substitute service constitutes a service in lieu of payment within the meaning of Section 1414 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter AB...
G: Repayment of early repayment penalty paid to bank
The Federal Court of Justice (Bundesgerichtshof, BGH) rejected a bank's appeal against non-admission and upheld the judgment of the Higher Regional Court (Oberlandesgerichts, OLG) of Frankfurt am Main in the dispute over prepayment penalties. The rig...
D: Inadmissibility of Booking.com's "narrow best price" clause
Booking.com's so-called "narrow best price clause" is not compatible with antitrust law. In future, partner hotels may no longer be prohibited from offering rooms at lower prices on their own websites. This clause restricts competition for offering h...
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