Illegal fees

Low-cost airline suffers “crash landing” in court

Passengers of Wizz Air can claim back fees that were wrongly paid.

(Bild: Patrick Huber)

The Chamber of Labor (AK) has achieved a significant success in its dispute with the Hungarian low-cost airline Wizz Air. The Supreme Court (OGH) declared a total of 111 contractual clauses and practices to be unlawful. Particularly affected are inadmissible fees for check-in at the airport, non-transparent regulations on gift vouchers and the automatic conversion of ticket price refunds into so-called Wizz Credits.

A central point of the ruling concerns the check-in fee of 40 euros charged at the airport, which was not sufficiently communicated and is therefore deemed unlawful. The limitation of Wizz gift vouchers to just twelve months was also deemed unlawful by the court, as such time limits unreasonably restrict the rights of consumers.

 Wizz Air's practice of not refunding ticket costs in cash but automatically converting them into Wizz Credits without the consent of the passengers concerned was also particularly problematic.

Furthermore, the Supreme Court criticized several hidden fees contained in the airline's general terms and conditions as well as non-transparent and difficult-to-understand contractual clauses. The obligation for customers to assert compensation claims exclusively via the Wizz Air website or a fee-based call center was also declared inadmissible.

Those affected can claim their money back
Following negotiations with the AK, Wizz Air is now offering a refund to all affected customers residing in Austria who have suffered from the unlawful fees and clauses since 2019. Anyone who has paid a check-in fee at the airport can claim the full amount back. Expired gift vouchers are also to be replaced with new codes.

In the case of Wizz Credits, passengers have the choice of either having the full amount transferred to an account of their choice or having it credited to their Wizz account. To apply for a refund, those affected can contact Wizz Air directly and submit their claims via the airline's website.

Wizz Air in Vienna: from expansion to withdrawal
Wizz Air is one of the largest low-cost airlines in Europe and launched an aggressive expansion strategy in Vienna in 2018. By offering low ticket prices, the airline entered into direct competition with Ryanair and Austrian Airlines and quickly expanded its base at Vienna-Schwechat Airport. Within a few years, the company stationed several aircraft in Vienna and offered numerous new flight connections.

However, the expansion also had its downsides. Complaints about hidden fees, unclear contractual conditions and complicated refund procedures quickly mounted. As early as 2022, Wizz Air was warned by the AK because the airline only refunded ticket costs in the form of Wizz Credits during the COVID-19 pandemic instead of offering passengers a cash payout.

Those affected should be quick now
2023 finally came the withdrawal: Wizz Air largely ceased flight operations in Vienna and moved the aircraft stationed there to other locations. Despite this decision, the airline remains active on the Austrian market with some connections. The current ruling by the Supreme Court now definitively confirms that many of the airline's previous business practices were not legal. The AK advises all affected passengers to assert their claims as soon as possible.