Posts tagged #lack of transparency
All PostsReview of Clauses: Airline GCCs (Part 4)
Civil LawThe 25 June 2026 issue of the USANCEN newsletter featured the initial segment of an Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling regarding clauses in an airline’s General Conditions of Carriage (GCC). This week, USANCEN will ...
Review of Terms and Conditions: Airline General Conditions of Carriage (Part 1)
Civil LawIn 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...
General Terms and Conditions of a Credit Institution (Part 2)
Civil LawThe prior issue of the USANCEN Newsletter featured the first part of a ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), which holds significant practical importance for specific contractual provisions. In this week’s issu...
Austrian OGH Decision on Clarity of Technical Terms in GT&Cs
Civil LawSection 6(3) of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, hereinafter KSchG) states that a contractual provision in general terms and conditions or contract forms is considered invalid if it lacks clarity or is incomprehensible. ...
Austrian OGH on Service Fee for Food Delivery Services
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to decide whether a food delivery service can charge a service fee. The defendant operates a delivery platform, consisting of a mobile app and a website. Through this platform, co...
OGH: Major Ruling on Rental Agreement Clauses (Part 5)
Civil LawThe first part of a rather extensive and practice-relevant clause ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter on 19 July 2002. This week, USANCEN focuses on the fifth part of th...
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