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Exceptions to the information requirement

Caution

These rules and regulations also apply to all traders from EU Member States operating in Austria.

The statutory requirements to provide information to consumers in the case of distance contracts (→ oesterreich.gv.at)German text are not applicable to, inter alia:

  • contracts for social services, including the provision and rental of social housing, childcare or support of families or persons permanently or temporarily in need, including long-term care

Please note

However, the provisions concerning the order button have also applied to social services since 1 July 2015.

  • contracts for certain healthcare services (e.g. medical services; services provided by midwives; professional activities of surgical truss makers, orthopaedic shoemakers, hearing-aid makers), whether or not they are provided via healthcare facilities. A counter-exception applies to the marketing of medicinal products and medical devices by means of distance selling

Please note

However, the provisions concerning the order button have also applied to healthcare services since 1 July 2015.

  • contracts for games of chance which involve wagering a stake with pecuniary value, including lotteries, games of chance in casinos and betting transactions
  • contracts for financial services
  • the creation, acquisition or transfer of immovable property or of rights in immovable property
  • contracts for the construction of new buildings, the substantial conversion of existing buildings or the rental of accommodation for residential purposes
  • contracts that fall within the scope of the Package Travel Directive
  • contracts for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, and which are physically supplied by a trader on frequent and regular rounds to the consumer’s home, residence or workplace
  • contracts concluded by means of automatic vending machines or automated commercial premises
  • contracts concluded with telecommunications operators through public payphones for their use or concluded for the use of one single connection by telephone, Internet or fax established by a consumer

If no distance contract exists, however, the information requirements provided for by law under the Consumer Protection Act must be complied with in the case of a contract between a consumer and a trader. However, it should be noted that, even within the scope of the Consumer Protection Act, exceptions to the information requirement exist for certain types of contract.

Legal basis

Fern- und Auswärtsgeschäfte-Gesetz (FAGG)

Translated by the European Commission
last update: 27 July 2020

responsible for content: Federal Ministry of Justice

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