OGH emphasizes clauses of the Innsbruck children's villa as inadmissible

OGH emphasizes clauses of the Innsbruck children's villa as inadmissible

Innsbruck, Österreich - The Supreme Court (OGH) has decided that several clauses in the child villa association in Innsbruck are illegal. This decision is the result of a lawsuit by the Association for Consumer Information (VKI), which worked on behalf of the Ministry of Social Affairs. A total of seven clauses were objected to in the lawsuit that violated the Consumer Protection Act (KSchG) and the general bourgeois code (ABGB). The OGH was in particular five of these clauses inadmissible, which included regulations for the deposit and the termination of the contract. The VKI had already pronounced a warning in February 2023 after the children's villa was not ready to change the complained clauses, such as OTS reported.

clauses in detail

The OGH found that the provision for the deposit, which provided the loss of the amount, if the place was not used in time, was roughly disadvantageous. A clause was also criticized, the parents obliged to pay, even if there was no care. The long binding period of up to one and a half years was particularly problematic, which was determined for ordinary termination, which is perceived as inappropriate according to the OGH. This decision underlines the need for transparent and fair contractual terms in childcare. The lawyer of the VKI, Mag. Nadya Böhsner, also expressed criticism, who praised the importance of the decision. She emphasized that the OGH decided that no clause can be paid if there are no specific services and that clauses are inadmissible about increase in fees without additional benefits, as is also reported by consumer law.at .