Facts
The complainant [A.] and the defendant [X. AG] concluded a leasing contract for a passenger car "Lexus SC 430" on August 8, 2002, for a contract period of 48 months at a monthly leasing interest of CHF 1,423.70. The leasing contract contained a clause that allowed the lessee to terminate the contract prematurely, subject to a notice period of 30 days, at the end of each calendar month. In such a case, the leasing interest was to be adjusted retrospectively to the shorter effective contract period.
The complainant terminated the contract prematurely with a letter dated June 26, 2003. The defendant confirmed receipt of the termination and requested the complainant to return the vehicle by July 31, 2003. The parties agree that the complainant owes the defendant, according to the General Terms and Conditions (GTC), a leasing interest of a total of CHF 52,472.95 for the shortened contract period of 12 months due to the premature termination of the leasing contract.
Considerations
The Federal Court had to decide whether the premature termination of the leasing contract and the adjustment of the leasing interest in accordance with the GTC were legally permissible. The defendant argued that the clause in the GTC, which allows the lessee to terminate the contract prematurely, was not designed unilaterally in their favor.
The court examined the legality of the clause and found that it did not violate good morals or the law. It found that the adjustment of the leasing interest to the…