Posts tagged #GTC
All PostsOGH Voids Ambiguous Clause in Tenancy Agreements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has repealed a clause according to which a landlord’s duty of proper maintenance does not apply if the tenant or persons attributable to the tenant are at fault for causing damage. Th...
OGH: No Interest on Key Deposits
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that clauses in general terms and conditions are lawful stating that fees for bank-deposit safe keys do not have to earn interest. In the original proceedings, the Austrian Consumer Inf...
OGH on Data Protection Notices
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) held in its decision from 23 November 2022 that a data protection notice taken note of by consumers in a contract’s General Terms and Conditions does not constitute a mere piece of in...
HG Wien: Online credit and liability for children
Civil LawThe Vienna Commercial Court (Handelsgericht Wien, HG Wien) examined the question of the expiry of credits and the liability of parents for the online behaviour of their children on the online platform "PlayStation Network", to be necessarily used by ...
OGH: inadmissible passing on of costs in GTCs
The Austrian Supreme Court (Oberster Gerichtshof, OGH) had to examine a contract clause used by a retailer in the field of radio, hi-fi, TV and photo articles as well as hearing aids. The clause was intended to entail that the consumer bears the expe...
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