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1.Federal territory as a
whole
Zahnärztliche
Bundesschlichtungsstelle
(Federal Conciliation Office
for Matters Concerning
Dentists)
Structure: Collegiate
body with equal
representation.
Powers: Treatment
contracts between patients and
dentists.
Procedure: The
complainant sends a written
complaint to the relevant
branch of the Land conciliation
office, which, as the authority
of the first instance, forwards
the complaint together with the
file to the federal
conciliation office. The
federal conciliation office
normally requires the complaint
to have been processed by a
conciliation office at Land
level. The parties to the
dispute attend the sittings
where necessary.
Cost: None.
Nature of the Decision:
Non-binding written
proposal.
2. Vienna
Schlichtungsstelle
"Partnerinstitute"
(Conciliation Office for
Matters Concerning "Dating
Agencies")
Verein für
Konsumenteninformation
(Consumer Information
Association)
Wirtschaftskammer
Österreich (Austrian Federal
Economic Chamber)
Structure: Collegiate
body with equal
representation.
Powers: Disputes with
dating agencies.
Procedure: Complaints
which cannot be dealt with
successfully by either of the
two organisations represented
on the committee are referred
to the committee. The procedure
is normally conducted in
writing. Decisions are taken
unanimously. The agreement
reached does not preclude the
possibility of recourse to
legal action.
Cost: None.
Nature of the Decision:
Unanimous non-binding
decision.
Zahnärztliche
Schlichtungsstelle der
Ärztekammer für Wien (Office
for Matters Concerning
Dentists of the Vienna
Medical Association)
Structure: Collegiate
body with equal
representation.
Powers: Treatment
contracts between patients and
dentists.
Procedure: Complaints
are filed verbally or in
writing. The dentist concerned
is requested to provide a
statement and declare that he
will submit to the conciliation
procedure and any decision
taken. The liability period is
thus suspended. If necessary,
further expert opinions are
obtained and oral proceedings
held.
Cost: None.
Nature of the Decision:
Non-binding conciliation
proposal. If the conciliation
proposal is not accepted, the
matter can be referred in the
second instance to the
arbitration board of the
federal branch of the relevant
"Bundesfachgruppe"
(occupational group).
Conciliation in the field
of telecommunications
Under the
Austrian Telecommunications Act
of 1997, the organisation
"Telekom Control GmbH" was set
up and given the responsibility
of, among other things, serving
as a conciliation office. One
of the organisation's tasks is
to intervene in cases
concerning disputes or
complaints which have not been
settled satisfactorily with
telecommunications providers,
and to achieve a settlement by
common consent within a
reasonable period of time.
Telecommunications providers
are obliged to participate in
the procedure and make all
necessary information
available.
With regard to
the independence of Telekom
Control GmbH, the following
should be noted:
Particulars of the
body:
Structure: See
above.
Powers: Disputes with
telecommunications providers
throughout federal
territory.
Procedure: Individuals
may only refer a complaint to
Telekom Control GmbH where they
have failed to reach a
settlement with the
telecommunications provider
concerned. The procedure is
always conducted in writing.
Where the telephone bill is
only slightly higher than
normal (less than double the
average amount of the last
three bills), the
telecommunications provider is
requested to provide a
statement. If the
telecommunications provider
does not offer to settle the
matter fairly with the
complainant, the procedure is
discontinued. Where the
telephone bill is more than
double the normal amount, the
conciliation office requests to
be provided with all the
technical files, which it then
examines. Where necessary or
advisable, oral proceedings are
also held.
Cost: None.
Nature of the Decision:
Non-binding written
proposal.
3. Salzburg
Schlichtungsstelle für
Kehrtarifangelegenheiten
(Conciliation Office for
Matters Concerning Charges
for Chimney Sweeping
Services)
Structure: Collegiate
body with equal
representation.
Powers: Matters
concerning charges for chimney
sweeping services.
Procedure: Written
procedure; inspection where
necessary.
Cost: None.
Nature of the Decision:
Non-binding decision.
4. Carinthia
Kfz-Schlichtungsstelle
(Motor Vehicle Conciliation
Office)
Structure: Collegiate
body with equal
representation.
Powers: Disputes
concerning the purchase or
repair of used cars.
Procedure: No formal
regulations.
Cost: None.
Nature of the Decision:
Recommendation.
Patientenschlichtungsstelle
(Patients' Conciliation
Office)
Structure: Collegiate
body with equal representation;
members appointed for three
years.
Powers: Treatment
contracts between patients and
medical care establishments,
doctors or dentists in private
practice.
Procedure: The patient
concerned should file a written
complaint after consulting the
patients' advocacy service. The
case must not be pending before
court. Both parties must state
that they will submit to the
conciliation procedure. The
respondent must refrain from
pleading the statute of
limitations. Oral proceedings
are held. The decision should
be taken within six months of
the complaint being filed.
Cost: None (except for
legal representation where
applicable).
Nature of the Decision:
Conciliation proposal by simple
majority vote.
5. Lower Austria
Rauchfangkehrer-Schlichtungsstelle
(Conciliation Office for
Matters Concerning Chimney
Sweeping Services)
Structure: Collegiate
body with equal
representation.
Powers: Disputes
concerning prices charged by
chimney sweeps.
Procedure: No formal
requirements.
Cost: None.
Nature of the Decision:
Non-binding proposal.
Zahnärztliche
Schlichtungsstelle
(Conciliation Office for
Matters Concerning
Dentists)
Structure: Collegiate
body with equal
representation.
Powers: Treatment
contracts between patients and
dentists.
Procedure: On receipt of
the patient's complaint, the
medical specialist concerned is
requested to provide a
statement. In rare cases, an
expert opinion is also
obtained. Patients generally
participate in the conciliation
negotiations.
Cost: None.
Nature of the Decision:
Non-binding written
proposal.
6. Upper Austria
Schlichtungs- und
Informationsstelle für
Schadensfälle bei
Chemischreinigung,
Wäschereien und Färbereien in
Oberösterreich (Conciliation
and Information Office for
Disputes Concerning Dry
Cleaning Firms, Laundries and
Dyeing Firms in Upper
Austria)
Verein für
Konsumenteninformation
(Consumer Information
Association)
Landesstelle
Oberösterreich (Upper
Austrian Land Division)
Structure: Collegiate
body: Consumer Information
Association, Upper Austrian
Land Division, Innung der
Wäschereien, Chemischputzer und
Färbereien der Kammer der
Gewerblichen Wirtschaft für
Oberösterreich (Guild of
Laundries, Dry Cleaning Firms
and Dyeing Firms of the Upper
Austrian Economic Chamber);
committee composed of two
representatives from each of
the above-mentioned
organisations.
Powers: Compensation
claims against laundries, dry
cleaning firms and dyeing
firms.
Procedure: An individual
presenting a claim for
compensation to the committee
must prove that he failed to
reach a mutual agreement with
the firm concerned. The damaged
item must be sent or submitted
to the committee. If the item
has been lost, a detailed
description of it must be
provided. The parties concerned
are not required to attend the
proceedings in person. The
committee conducts oral
proceedings.
Cost: None.
Nature of the Decision:
The committee seeks to work out
a proposal for a settlement.
Minutes of the proceedings are
taken in writing and forwarded
to both parties (consumer and
firm).
Schlichtungsstelle zur
aussergerichtlichen Beilegung
von Streitigkeiten zwischen
Konsumenten und
Eheanbahnungs- und
Partnerinstituten
(Conciliation Office for the
Out-of-Court Settlement of
Disputes between Consumers
and Marriage Bureaux and
Associated Organisations)
Verein für
Konsumenteninformation
(Consumer Information
Association)
Landesstelle
Oberösterreich (Upper
Austrian Land Division)
Structure: Collegiate
body: Consumer Information
Association, Upper Austrian
Land Division, Berufsgruppe der
Eheanbahnungsinstitute im
Rahmen der allgemeinen
Fachgruppe des Gewerbes der
Kammer der gewerblichen
Wirtschaft für Oberösterreich
(Occupational Group of Marriage
Bureaux within the General
Occupational Group of Trade
Professions in the Upper
Austrian Economic Chamber). The
committee is composed of two
representatives from each of
the above-mentioned
organisations
Powers: Disputes between
consumers and marriage bureaux
and associated
organisations.
Procedure: The parties
to the dispute must have tried
and failed to reach a mutual
agreement. The parties are
generally not questioned
orally. The committee holds
oral proceedings.
Cost: None.
Nature of the Decision:
The committee seeks to work out
a proposal for a settlement.
The committee's decision is
unanimous. It is recorded in
the minutes and communicated to
the parties concerned.
Enforcement: The
decision may be published.
Schlichtungsstelle zur
gütlichen Beilegung von
Streitigkeiten über
Kfz-Reparaturen (Conciliation
Office for the Amicable
Settlement of Disputes
Concerning Repairs to Motor
Vehicles)
Landesinnung
Oberösterreich der
Kraftfahrzeugtechniker (Upper
Austrian Land Guild of Motor
Vehicle Mechanics)
Sektion Gewerbe und
Handwerk der
Wirtschaftskammer
Oberösterreich (Section for
Small-Scale Industry and
Crafts of the Upper Austrian
Economic Chamber)
Structure: Collegiate
body: Consumer Information
Association, Upper Austrian
Land Division, Upper Austrian
Land Guild of Motor Vehicle
Mechanics, Section for Small
Scale Industry and Crafts of
the Upper Austrian Economic
Chamber. The contracting
parties can send a maximum of
two representatives to the
conciliation office, but each
contracting party has only one
vote.
Powers: Amicable
settlement of disputes and
complaints between consumers
and owners of motor vehicle
repair workshops located in
Upper Austria.
Procedure: The
proceedings are always
conducted informally. The
parties to the dispute may be
summoned to attend oral
proceedings at the conciliation
office.
Cost: None.
Nature of the Decision:
Unanimous conciliation
recommendation which should
contain a short statement of
grounds. If a unanimous
decision cannot be reached, the
conciliation proceedings are
discontinued. The decision
concerning the settlement must
be communicated to the parties
concerned.
Schiedsstelle für den
Gebrauchtwagenhandel
(Conciliation Office for
Matters Concerning Trade in
Used Cars)
Landesgremium
Oberösterreich des
Fahrzeughandels (Upper
Austrian Land Association of
Motor Vehicle Traders)
Sektion Handel der
Wirtschaftskammer
Oberösterreich (Trade Section
of the Upper Austrian
Economic Chamber)
Structure: Collegiate
body: Consumer Information
Association, Upper Austrian
Land Division, Upper Austrian
Land Association of Motor
Vehicle Traders, Trade Section
of the Upper Austrian Economic
Chamber. The committee is
composed of two representatives
of each of the above-mentioned
organisations.
Powers: Out-of-court
settlement of disputes arising
from the purchase of used motor
vehicles from a motor vehicle
dealer in Upper Austria which
has the seal of approval for
specialist motor vehicle
traders.
Procedure: A previous
complaint or attempt at
mediation must have been
unsuccessful. Documentation
relating to the purchase and
other relevant evidence, as
well as statements from the
parties concerned, must be made
available. The complainant must
have received the motor vehicle
not more than three months
previously. The committee
conducts oral proceedings.
Cost: The procedure
before the conciliation office
is free of charge. However, if
the conciliation office decides
that evidence must be provided
which entails costs, the
parties may be charged in this
regard. The parties must agree
to this beforehand.
Nature of the Decision:
Unanimous proposal for a
settlement. The nature of the
settlement is recorded in the
minutes, which are sent to both
contracting parties. The
parties concerned receive the
decision relating to the
settlement together with a
short statement of grounds.
Enforcement: The
Consumer Information
Association can, while
observing all requirements
relating to press law, list in
its publications the names of
firms which persistently refuse
to accept conciliation
decisions taken by the
conciliation office. The Land
Association of Motor Vehicle
Traders undertakes to remove
the seal of approval from firms
which persistently disregard
conciliation decisions.
Zahnärztliche
Schlichtungsstelle
(Conciliation Office for
Matters Concerning
Dentists)
Structure: Collegiate
body with equal
representation.
Powers: Treatment
contracts between patients and
dentists.
Procedure: On receipt of
the patient's complaint, the
medical specialist concerned is
requested to make a statement.
An expert opinion is also
obtained.
Cost: None.
Nature of the Decision:
Non-binding conciliation
proposal. If the conciliation
proposal is not accepted, the
matter can be referred in the
second instance to the
arbitration board of the
federal branch of the relevant
occupational group.
8. Styria
Zahnärztliche
Schlichtungsstelle
(Conciliation Office for
Matters Concerning
Dentists)
Structure: Collegiate
body with equal
representation.
Powers: Treatment
contracts between patients and
dentists.
Procedure: On receipt of
the patient's complaint, the
medical specialist concerned is
requested to provide a
statement. In rare cases, an
expert opinion is also
obtained. Patients generally
participate in the conciliation
negotiations.
Cost: None.
Nature of the Decision:
Non-binding written
proposal.
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