Summersplash OGH ruling: high school graduates can get money back

The AK has sued for 20 clauses in the general terms and conditions (GTC) of the high school travel provider Summersplash for high school trips in 2023. The Higher Regional Court and OGH confirm: The provider is no longer allowed to use the clauses in the contracts that the AK objected to.

For example, there are excessive cancellation fees and unauthorized processing fees of 35 euros for name changes if another person travels than planned. Consumers can use an AK sample letter to get the money back that has been wrongly charged. The most practically relevant illegal clauses for high school graduation trips in 2023 - consumers can demand back the money that was unlawfully requested:

Excessive cancellation fee clause: If a trip is canceled, Summersplash has collected cancellation fees of 30 to 85 percent. The court judged the clause to be grossly disadvantageous, as 30 percent compensation is charged even if travelers cancel several months or even a year before departure. That doesn't seem appropriate because the trip can usually be resold.

Unacceptable processing fee: 35 euros processing fee for name changes, for example if a different person is traveling than intended. If the provider canceled the trip due to unforeseen events, such as a pandemic, he charged 25 euros.

Unlawful flat rate compensation for “no-show”: If high school students did not start the trip despite a confirmed booking (“Now Show”), according to the general terms and conditions, a flat rate compensation amounting to 85 percent of the total price had to be paid. The claim was wrongly made.

Consumers can get the illegally collected fees back. There is a sample letter from the AK on their homepage to claim back the fees that were wrongly collected for high school trips in 2023.