Special requirements for contracts concluded by telephone
If the trader makes a telephone call to the consumer with a view to concluding a distance contractGerman text, 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
These rules and regulations also apply to all traders from EU Member States operating in Austria.
If the consumer is called by the trader and a distance contractGerman text 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 mediumGerman text (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’German text can be found at oesterreich.gv.at.
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.
responsible for content: Federal Ministry of Justice