From a distance, the rental company blocks the charging option for a car battery – and suddenly the e-car stands still. This is announced in the terms and conditions – but it is not legal.
According to a decision by the Federal Court of Justice (BGH), lessors of batteries for electric cars are not allowed to switch them off via digital remote access after a contract has been terminated. The Karlsruhe judges declared a corresponding clause in the General Terms and Conditions (AGB) to be invalid on Wednesday (Az. XII ZR 89/21). According to the ADAC, the topic is not of great importance at the moment, but it could become so again.
When the battery is switched off, the entire car can no longer be used, said the presiding judge of the twelfth civil senate, Hans-Joachim Dose, at his last verdict before retirement. This could become a problem with a professional vehicle, for example. The burden of litigation is also passed on to tenants. This is an unreasonable disadvantage for consumers.
According to the information, the terms and conditions of the bank of the French car manufacturer Renault (RCI Banque) provided that the possibility of recharging the expensive batteries can be blocked in the event of an extraordinary contract end. Customers were informed of this 14 days in advance, possibly at the same time as the termination.
The bank had referred to the fact that it would also discontinue its contractually guaranteed service as a result of an effective termination. This prevents the expensive battery from being recharged. Because that reduces their loading capacity – and thus their value.
Tenants disadvantaged?
The consumer advice center in Saxony, on the other hand, complained that tenants were being put at an unreasonable disadvantage. The courts in Düsseldorf that have dealt with the case so far had taken a similar view and prohibited the use of that general terms and conditions clause. On the other hand, the bank took action at the Federal Court of Justice.
Judge Dose had already argued in the hearing at the end of September that the vehicle as a whole would no longer work if the battery could no longer be charged. The tenant also has no way of replacing the battery with another make. In addition, the burden of proof lies solely with the customer, which is inappropriate.
According to the ADAC, no new e-cars with battery rental are currently being offered. “Renault was the last provider to abolish this at the end of 2020,” a spokesman said at the hearing. Chinese and Vietnamese manufacturers will probably do this again in the near future, with a battery replacement concept, among other things. The car club cannot judge how often the clause on remote shutdown was applied.
Consumer advice center in Saxony on the procedure Current notification from the consumer advice center on the subject of notification from the BGH
Source: Stern
Jane Stock is a technology author, who has written for 24 Hours World. She writes about the latest in technology news and trends, and is always on the lookout for new and innovative ways to improve his audience’s experience.
