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Special requirements for contracts concluded by telephone

If the trader makes a telephone call to the consumer with a view to concluding a distance contract, the trader must provide the consumer with the following information at the beginning of the conversation:

  • his/her name or company name
  • if applicable, the name of the person on whose behalf the trader is acting
  • the commercial purpose of the telephone conversation

Caution

In general, these rules also apply to entrepreneurs from EU Member States in Austria.

If the consumer is called by the trader and a distance contract for a service is negotiated in the course of that telephone call, the consumer is bound by the negotiated contract only under the following conditions:

  • The trader must provide the consumer with confirmation of the offer of a contract on a durable medium (e.g. email, paper).
  • The consumer must send the trader a written declaration of acceptance of that offer of a contract on a durable medium (e.g. email, paper).

If one of the above conditions is not met, the consumer is not bound by the contract. From a legal point of view, the contract is ‘provisionally ineffective’. This means that the consumer can decide for himself/herself whether to adhere to the contract and require the trader to perform it or whether to refuse to conclude the contract.

Information on the topic of Package travel − safeguards for travellers can be found at oesterreich.gv.at.

Please note

If the consumer refuses to conclude the contract in such a case but has already made payments (e.g. remuneration) to the trader, these can be claimed back.

Legal basis

Fern- und Auswärtsgeschäfte-Gesetz (FAGG)

Translated by the European Commission
Last update: 16 February 2021

Responsible for the content: Federal Ministry of Justice

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