In the course of one, the re -relief between the association for consumer information (VKI) and Demm Mobility provider Flixbus was increased, the amount of a fine for companies was increased. The VKI, on behalf of the Ministry of Szen, was based on the execution against Flix SE, the Beckriber of Flixbus, after it was found that companies Witerhin against the Handels Handelsgles Vienna verses.

Vererehere dies all the use of inadequate clauses in the company’s general business. As part of a recourse, the Vienna Regional Court of Civil Consuming Matters (ZRS) increased the prehistoric registration from 5,000 euros to 30,000 euros, the RevHtSlage Early Flixbus. The in -house decision is nun and represents a WORNEN WENSPUNK in the interlocks between the -unkontrollier and the consumer.

The origin of the legal dispute

The conflict began with a judgment of the Vienna Commercial City of Septam, 2019, which fueled Flixbus, the best -minted clauses in its terms and conditions. Give up the rights of Flixbus, passengers releasing the right to ride the ride, if you do not have a valid aun. Ebanso provided for the frame clause that Flixbus does not have to first lie in the first place if a passenger of a best best circumstances did not refer another ticket to the cancellation of journeys: Flixbus stipulated that a so-called cancellation of giftche is being set up for a cancellation with a new booking. According to the Handelsgerercht Vienna, the use of this clauses was the disadvantage of the consumers.

On June 9, 2020, the input decision of the Vienna Commercial Mercy, which declared clauses declared inevitable and thus binding. Flixbus became a condominium to use nicks in the future in their terms and conditions and not to be used to any other. However, despite this judicial order, the VKI found in his controls that Flixbus continued to have Valentasc Valentores.

Violation

As part of its monitoring, the VKI informs the company about the continued use of inadmissible clauses. So in the terms and conditions of Flixbus there were still provisions, dying in Ähloich form against the specifications of the judgment. In particular, the clause, which provided for a coincidence in the event of nodding, still wars of the contractual terms. It was also that Flixbus also used a cancellation of just 12 months, although this dies. Give the practice for the Zeen of the Witere Bechhen, which dirche was disadvantageous to the right-wing valid limitation of the cancellation of the cancellation.

Daraupphin died the VKI Eus Execution against Flixbus, in which the district of Vienna inner city imposed a fine of 5,000 euros against the company. Flixbus argues that it was out of the correct implementation of the judgment and that the voucher regulation in Austria was made. In addition, the company explained that the incorrect information of the Kundervice-Mitor-Unkreffung was given a nuisance and no culpable intentions behind it.

Recurs of the VKI and the increase in fine

Despite the most distinctive judgment of the district gut authority, the Flixbus sentenced to the fine of 5,000 euros, the VKI recourse raised. In his VKI’s application that lady would be welcomed by Nick de, the situation was explained. Insules were emphasized that punishments in the context of an unknown sexkution Nick only have to invent the water groom of the description of the desanes on the right, but also a pre -rod. The aim of these punishments is to prevent the company from stirring up the judicial requirements and the enforcement of the law.

The regional court for ZRS Vienna closed Diedien’s argument and increased the fine to 30,000 euros. The court made a more strict prerequisite for the squation, Insmis biddened the scissors of contrast. Due to increase the fine, Nick only serves to punish the previous violation

The development of the decision and the intorns of the Reactivies of Flixbus

The fact that Flixbus continues to have against Valentorse’s guidelines despite the judicial in the right of judgment shows how difficult it can be, large companies in the wool -stempent keeping of real estate ropes. Kiss in tales in which complex reveal questions such as contractual assistance and consumer rights are at stake is of central importance that companies adapt to their and correctly in order to reduce trust.

In his case, Flixbus talked about the procedure and explained that that was a misconception and incorrect information on the part of the employees of the customer vice. However, the statement of the Uternh from which, despite the judicial attitude, Witermin is against the fixed rules Valentac Valentacece’s future.

Derwische Flixbus and the VKI take a look at the demands and revolves, die of the enforcement of smoky rights in the groan of the transported public services.

The Inents of State Guard for ZRS Vienna to increase the fine to 30,000 euros, impressively the importance of a pollution enforcement. Companies such as Flixbus are required to keep the judicial requirements and intensely their businesses in order not only to make legal cosquits, they are sure to trust their trust in their trust.