The Supreme Court (OGH) has declared a Corona clause from 2021 of tour operator Ruefa as unlawful and declared a corresponding complaint from the Association for Consumer Information (VKI) well-founded. A clause gave customers the option to cancel free of charge in the event of future corona-related travel restrictions.
The VKI had sued Ruefa GmbH on behalf of the Ministry of Social Affairs. “According to a clause from the tour operator, cancellations due to future corona-related travel restrictions no longer lead to a free right of withdrawal for the traveler,” the VKI writes in a statement. The Supreme Court allowed the VKI’s claim and ruled that the clause was unlawful.
Ruefa: The clause was “immediately removed” following a preliminary injunction
According to his own statements, Ruefa immediately responded to the order. “We then immediately removed the clause from the offers in August 2021, but VKI had already filed the lawsuit without granting the possibility of consultation and was being pursued by us (Ruefa GmbH) all the way to the Supreme Court to ensure legal certainty for the future. “said the tour operator. In this case, “not a single complaint” was received from Ruefa customers.
Source: Krone
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