Austria’s Supreme Court has ordered Hungarian budget airline Wizz Air to change its terms and pay back passengers for fees ruled unlawful, including a €40 check-in fee.

The ruling follows legal action by the Austrian Chamber of Labour (AK), which challenged 88 clauses in the airline’s terms of carriage. The court ruled in favour of the workers’ representatives on 81 of them.

In addition to the terms of carriage, 30 clauses related to the airline’s customer accounts, Wizz gift vouchers and ticket refunds in Wizz Credits without passengers’ written consent were also found to be unlawful.

Refund Process Set Up

Wizz Air has now established a refund process for passengers charged a check-in fee since 2019. Expired Wizz Credits will be reinstated and vouchers will be reissued with a five-year validity period.

“Following discussions with the Austrian Chamber of Labour, Wizz Air has reached a settlement to resolve the issues raised in the legal proceedings. The airline acknowledges and accepts the recent rulings of the Vienna Commercial Court and will act accordingly,” the company said.

Other Fees Ruled Unlawful

The court also ruled several other charges unacceptable, requiring the airline to address unclear or misleading terms. It found that Wizz gift vouchers cannot be restricted to just 12 months and that ticket refunds in Wizz Credits must have passengers’ consent.

Passengers in Austria affected by these policies since 2019 can submit claims via the airline’s website, the AK said.