Kika/Leiner-Insolvency: How Customers Can Retrieve Deposits
The condition for reclaiming the deposit is that it was made with a credit or debit card. In this case, Kika/Leiner customers can initiate a so-called "chargeback" process through a transaction complaint at their bank. The usual deadline for this procedure is 120 days from the order or planned delivery date. The Chamber of Labour (AK) recommends using the banks' forms.
Kika/Leiner Customers Can Reclaim Deposit Through "Chargeback"
"Chargeback" is common practice among Austria's banks and is standard for all credit and debit cards, such as MasterCard or Visa. Most recently, payments for car rental or hotel bookings, which were not insured as package tours, were reversed in this way during the insolvency of the travel provider FTI, as APA learned from a major domestic bank. The "chargeback" procedure primarily serves as protection against fraudulent debits or if an amount has been debited twice. It also applies if an ordered product is not delivered or a service is not provided. This also applies if the reason for the non-fulfilment of the contract is insolvency.
Consumers can thus avoid becoming creditors in an insolvency procedure. The claim arises through the chargeback at the bank that processes the card payments on behalf of the company as the payment recipient. The bank and card issuer check whether a transaction complaint is justified. This means that each case must be examined individually and the repayment cannot therefore be guaranteed, as banking experts told APA.
AK Classifies Reversal of Deposits as a Gesture of Goodwill by Credit Card Companies
The AK also points out that there is no legal claim. "Chargeback" is an agreement between the credit card companies and the merchant banks, explained AK financial expert Christian Prantner to APA. He therefore classifies "chargeback" as a gesture of goodwill granted by the credit card company. "Our recommendation: the way to reclaim claims via chargeback should at least be tried," says Prantner.
The Association for Consumer Information (VKI) also points out the possibility of "chargebacks" on its website. It recommends being persistent, as not all banks support their customers equally well in the recovery action. The VKI also emphasizes that the decision to grant a "chargeback" lies not with the bank, but with the credit card company.
The prerequisite for "chargeback" is proof that the goods will not actually be delivered, i.e. either the delivery date has passed or there is a letter from the liquidator stating that the purchase contract will no longer be fulfilled. As stated on kika.at and leiner.at, all affected customers will be informed about the fate of their contracts and deposits on Monday, December 9th.
(APA/Red)
This article has been automatically translated, read the original article here.