Verdict: Repay expenses for Paylife Maestro voucher cards

Deadline unreasonably quick consistent with the Supreme Court

The VKI noticed this rate as unlawful and sued. The OGH agreed with the VKI and affirmed a gross disadvantage for consumers. According to the OGH, the period of three hundred and sixty five days – in addition to the duration of 15 months inside which a deduction-loose disposal is viable – is unreasonably brief.

For example, if the cardholder forgets to use the cardboard, this charge way that the cardboard stability is decreased via EUR 24 per 12 months, this means that that the balance (from EUR 10 to EUR a hundred and fifty) is “depleted” within a short time period. According to the Supreme Court, there is no goal justification for this slow deterioration.

The Paylife Maestro voucher card is a special form of voucher cost card to which the E-Money Act applies, that is why – not like everyday vouchers – there is a legal right to a reimbursement of the credit score balance. In this context, a clause turned into additionally declared inadmissible, which supplied for a re-change rate of five percentage of the re-exchanged amount, at least  euros and a maximum of 5 euros, for sure types of credit score re-change.

The Supreme Court judged this clause to be grossly disadvantageous because it isn't always clean why – opposite to the simple right to buy goods with a voucher inside 30 years – there may be any such short duration of 12 months to redeem the credit score plus any other 12 months required for the loose alternate choice.

But the OGH additionally identified a gross disadvantage in regards to the fixed amounts for the return exchange, in particular with reference to the minimal price of  euros, in particular because this ends in a price of 20 percent of the complete voucher value for a (minimal) voucher amount of ten euros , for which there is no authentic justification by any means.