The Hanseatic Higher Regional Court in Hamburg has declared a rule that was in effect until the beginning of last year to be partially ineffective. It’s about notice periods.
In the dispute over the termination options on the Parship dating platform, the Hanseatic Higher Regional Court in Hamburg has declared a rule that was in effect until the beginning of last year to be partially ineffective. This affects six or twelve month contracts from paying customers, which are automatically extended for a full year unless they are canceled twelve weeks before expiry.
This restricts the freedom of consumers too much, said a court spokeswoman after the verdict was announced on Thursday. The Civil Senate did not object to the automatic extension of contracts with a term of 24 months.
The Federal Association of Consumer Organizations had filed a model declaratory action on behalf of 29 Parship customers, which was joined by more than 1,200 other consumers. It was not only directed against the right of termination at Parship. According to the consumer advice centers, customers should be able to cancel at any time without notice. If a customer has the feeling that their data is no longer in good hands on the dating platform, it would be unreasonable to hold on to the contract for a longer period of time, argued the Federal Association, citing a paragraph in the Civil Code.
The court rejected the two applications for a declaration on this point. The consumer advice centers have to bear two thirds of the costs of the procedure, Parship one third. The judgment can be appealed to the Federal Court of Justice.
Source: Stern
