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 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