Chairman Kolba: Financial institutions have to be responsible for the functionality of technical systems.
In the case of the illegally emptied lockers of a total of three banks in Lower Austria and Vienna, the consumer protection association (VSV) called for the liability issue to be clarified on Saturday. Chairman Peter Kolba emphasized in a broadcast that the respective financial institution had to be responsible for the functionality of technical systems in self-service safes. He appealed to the Association for Consumer Information (VKI) to bring a representative action.
In the general terms and conditions of the banks, liability for deposits in the custody accounts is limited to an amount of 3,000 to 4,000 euros. Full liability exists only in the case of gross negligence or willful misconduct on the part of the financial institution. “This is an old issue that has now been legally resolved for payment cards and where – if the customer was not grossly negligent – his liability is limited to 50 euros. But that does not apply to safe systems,” emphasized Kolba. In this area, too, if there are functional problems of a technical nature, the bank “that uses the system and thus generates sales” must be liable.
The SAAM will help the injured party to exercise their rights. In addition, Kolba advocated legitimation for representative actions for independent organizations such as the consumer protection association. The social partners and the VKI are currently considered eligible.
