Clauses illegal – refunds for X-Jam high school trip customers

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The Supreme Court (OGH) ruled that the X-Jam high school travel company DocLX Travel has been charging impermissible fees and extra costs for years. Affected customers can request a refund. According to the Chamber of Labor (AK), this can be between 300 and 400 euros per person.

All eleven clauses of tour operator Matura, against which the AK had objected to the Supreme Court, are unlawful. This includes a ‘green contribution’ for services already included in the contract and a cancellation fee of 40 to 95 percent without reference to a free right of withdrawal in exceptional circumstances.

In addition to the ‘green contribution’ of ten euros, the OGH also ruled that a ‘peak week allowance’ of 39 euros was not permissible. The peak week surcharge is an increased rate for a specific travel period. Such a surcharge cannot be effectively agreed in the fine print of the General Terms and Conditions (GTC).

According to the Supreme Court, both are seriously disadvantageous. The OGH also canceled the administration fee of 29 euros for replacement travelers, i.e. if someone traveled differently than planned.

Cancellation clause not transparent
The court also found the termination clause not transparent. DocLX charged cancellation fees of between 40 and 95 percent, without pointing out the free right of withdrawal in exceptional circumstances. These include natural disasters or epidemics.

The cases before the Chamber of Labor involve cancellation costs of 300 to 400 euros per person. Those affected can request their money back with a sample letter from the AK.

Source: Krone

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