In a recent decision the Austrian Supreme Court (OGH) upheld a judgement of the appelate court (Oberlandesgericht Wien) regarding a term of KLM’s “Flying Blue” bonus programme. According to the decision, a standardized contract term providing that any premium miles shall expire with the lapse of 20 month from their acqusition unless they are extended by ‘qualified activities’ is unfair – at least if the contract term doesn’t differentiate between premium miles granted for flights and premium miles bought by the passenger in addition. It is also lacking transparency because of not substantiating which kind of acivities are regarded as “qualified activities”.Case details: OGH Sep. 27, 2016, 6 Ob 139/16h.
