Since the lift operation was closed in the first lockdown, consumer advocates are demanding 24 percent of the costs back.
Icon image.
The Association for Consumer Information (VKI) has brought a model action against the Salzburg Ski Amade Association at the St. Johann im Pongau district court. A proportional reimbursement of costs for ski season tickets is required for the time in the first lockdown in spring 2020, when the lift operation was closed prematurely due to the Corona regulations. The question revolves around who bears the damage in cases of force majeure. Negotiations were held on Tuesday.
The VKI stated that Ski amade has invoked the relevant clauses from the terms and conditions (GTC) and made offers to consumers because of the early end of the season. The offers were much lower than the pro-rata reimbursement, argued the VKI and cited the case of a family of four from Lower Austria, for whom the offer for reimbursement from Ski amade was not enough. Therefore, the VKI, to which the Lower Austrian family had assigned their claims, brought this model action.
October to May
The family paid a total of around 1,700 euros for the season tickets, which were valid from mid-October 2019 to early May 2020. However, since the ski areas were closed from March 16, 2020 due to the lockdown, according to the VKI, the period of use of the season ticket has been reduced by 24 percent. That is why this 24 percent is now being demanded back. According to the files, the amount in dispute is 420 euros for the entire family. The parents paid 592 euros each for the season ticket, the 20-year-old child 416 euros and the second, 13-year-old child 154 euros.
The managing director of Ski amade, Christoph Eisinger, had told the media in advance that all season ticket holders had been offered a corona bonus, regardless of the use of the season ticket. Most customers were also satisfied with it. In the civil proceedings, the defendant also objected to the fact that the family had used up their entitlement because they had already used many days of skiing.
Partial replacement
The Association for Consumer Information takes a different legal opinion. Accordingly, there would have been potential ski days from March 16, 2020. Therefore, the season ticket holders would be entitled to a partial reimbursement for the ski days that could no longer be used. In general, there have been many complaints about how the ski areas dealt with the right of withdrawal in the first lockdown last March, specifically about the partial reimbursement of season tickets.
“The court will have to clarify whether and to what extent there is a right to reimbursement for ski tickets from the start of the lockdown in spring 2020,” said the spokesman for the Salzburg Regional Court, Peter Egger, to the APA. “In particular, the legal issue to be assessed will be who has to bear the damage in cases of force majeure.”
The managing director of the defendant was questioned by the responsible judge by video conference today at the first hearing at the district court of St. Johann im Pongau. The party representatives were also connected via video. The negotiation was closed in the morning. “The verdict will be given in writing,” informed the court spokesman.
