Certain areas of public life were particularly hard hit by the restrictions imposed by the Corona crisis – in particular, the more intimate habits of some Austrians had to be put aside. A local swingers’ club in particular was affected by the face mask requirement and therefore simply reduced the rent itself. A remarkable judgment now confirms that this is justified.
Operation was virtually impossible due to the mask requirement, ‘Der Standard’ quotes the ruling of the Supreme Court (OGH) in March.
‘Informal sexual encounters’ are hardly possible
“The prescribed mask requirement prevented the entering into and exercise of informal – private and non-commercial – sexual encounters with strangers and thus affected a core area of the agreed purpose of the contract,” the judgment said in legalese. Operation was hardly possible due to the mandatory wearing of mouth and nose protection.
The decision in favor of the swingers club is quite unusual, as the “Standard” writes. The Supreme Court has ruled very differently in similar cases: the operator of a clothing store, for whose customers the obligation to wear face masks apparently posed a problem, was not allowed to reduce the rent despite a similar lawsuit.
“Mask-related feelings of displeasure”
The reasoning at the time was that “feelings of discomfort caused by masks” alone would have “no impact on the usability of a business in terms of the existing contract”. But in the swingers club it was clearly different.
Ultimately, the court said, the “core area” of the agreed purpose of the contract was directly affected. The operator has therefore rightly reduced the rental payment.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
