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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


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

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 content: Federal Ministry of Justice

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