📌 Introduction
When customers leave the gas station without paying for the fuel obtained, this constitutes an unauthorised act (Art. 41 CO) and may also constitute a criminal offence (e.g. theft).
This article explains the legal classification, the amount charged, and how we communicate such cases.
⚖️ 1. Legal Classification
Application of Art. 41 CO – Unauthorised Act
Anyone who causes damage must compensate for it. Refuelling and driving away without payment constitutes an unauthorised act and leads to damage. This triggers an obligation to pay damages.
This means:
- The costs incurred must be fully reimbursed.
- This is not a fee or fine, but an obligation to compensate for the damage caused.
📝 2. Damage – Why Costs Arise
Driving away without paying – due to the unpaid fuel – causes a damage, including:
- 🔍 Clarification of the incident
- 🎥 Video analysis
- 🚗 Identification of the vehicle and the owner
- 📁 Creation of the file
- ✉️ Correspondence
These expenses would not have arisen if the fuel had been properly paid for. Therefore, these expenses are charged.
🚨 3. Criminal Relevance
The behaviour may also be punishable and meet the criteria of theft. This may result in a report to the criminal authorities.
Beppo generally prefers an amicable solution over a criminal complaint. Ultimately, however, the gas station operator decides on the legal procedure.
❗️ 4. Typical Objections & Our Response
"I only pay for the fuel."
In the event of damage under Art. 41 CO, all costs caused by the behaviour must be compensated.
"A processing fee is not allowed."
The fee is not a flat surcharge but part of the damage caused by the unauthorised act.
🏁 Summary
- Driving away without paying = unauthorised act
- Damage arises, which is charged
- Criminal proceedings are possible; an amicable solution is preferred