Adventure vouchers: Expiration after 3 years illegal

Higher Regional Court of Vienna rules in favour of VKI.

The Consumer Information Association's (VKI) lawsuit against "Jollydays GmbH" contains 8 controversial clauses, including the previously valid expiry of the vouchers after three years.

Jollydays is a popular provider of vouchers for third party services. The VKI's claim focused on a clause according to which the voucher expires three years from purchase. Basically, the statutory limitation period is applicable, according to which vouchers expire after 30 years. A shorter limitation period is legal if it has individually been agreed upon by equally strong contractual partners. The justification for this reduction must be all the more valid, the shorter the expiration period should be. In any case, a comprehensive weighing of interests is required, which turns out for the benefit of the customer: Since experiences of different kinds are being offered (from a city trip to a Ferrari ride), the concrete experience and the specific organizer are of great interest to the voucher buyer.

In Jollydays' case, the legal situation has been presented incorrectly by pointing out the (non-existent) statutory limitation period of 36 months. According to the Higher Regional Court Vienna, the clients would be grossly disadvantaged in such a shortening of the statutory limitation period.

The judgment is final and can be found here (in German).