Payments for additional services
In addition to the fee agreed for the main service, the consumer is obliged to make further payments for additional services only if he/she has expressly consented to the provision of that additional service (and therefore also to the additional fee for that additional service).
In general, these rules also apply to entrepreneurs from EU Member States in Austria.
Specific information on the topic of Package travel − safeguards for travellers can be found at oesterreich.gv.at.
Additional services are not incidental costs (e.g. postal charges for delivering goods to the consumer’s address) that must necessarily be paid in order to perform the contract.
In particular, the consumer is also deemed not to have given his/her express consent if the ordering of an additional service can only be avoided by additionally having to reject a default setting regarding the ordering of additional services.
If, for example, the consumer additionally has to uncheck an already checked box in the option to take out cancellation insurance as an added extra and does not do so, this does not constitute express consent to take out cancellation insurance as an added extra.
In the absence of the consumer’s express consent to an additional service, the additional payment for the additional service does not have to be made. If the consumer has already made additional payments (in addition to the payment for the main service) for the unwanted additional service, those payments can be recovered.
The lack of express consent therefore results in the agreement on the additional service being invalid. In such a case, the consumer can decide whether he/she wishes to make use of the additional service (e.g. cancellation insurance). This can be agreed in a legally effective manner by subsequently providing express consent.
Scope of application
The rules described above apply in principle – with a few exceptions – to all consumer contracts, even if they are not concluded within the framework of a distance contract (e.g. internet, telephone).
responsible for content: Federal Ministry of Justice