The defendant mountain railway company was obliged to make the coveted payment of 356.72 euros. Furthermore, she has to pay the plaintiff the legal costs of 344 euros and also reimburse the costs of the appeal hearing in the amount of 246 euros. The judgment of the Salzburg Regional Court is final.
The fact that the plaintiff can claim the proportional reimbursement of costs has to do with force majeure. “The official shutdown of operations that came into force on March 16, 2020 for all cable cars and ski areas throughout Austria, which was due to the pandemic, was an event of force majeure within the meaning of Section 1447 ABGB”, said court spokesman Egger, explaining the judgment of the judges panel at the regional court. “If the performance of the owed service has become partially impossible due to force majeure, this leads to the disintegration of the entire contract and the expiry of the mutual obligations resulting from the contract. As a result, the plaintiff’s obligation to pay remuneration for the period from March 16, 2020 until May 3, 2020 not applicable. “
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