The fee-based membership with the online dating agency Parship is automatically extended if customers do not cancel in time. That is not legal, says the Federation of German Consumer Organizations (vzbv) and is aiming for a model declaratory action. He wants to ensure that Parships terms and conditions are ineffective and users can withdraw from the contract at any time.
A model declaratory action can be filed if many affected parties participate, explains the vzbv.
The refore he calls on consumers to get in touch and describe their case. Consumers would not incur any costs or other obligations. If the lawsuit is successful, those affected could be entitled to reimbursement of several hundred euros. “Customers reveal their innermost part to Parship, they then have to be able to decide for themselves whether they want to stay with the provider,” said vzbv speaker Henning Fischer.
According to the Parship Terms and Conditions, customers can currently cancel the paid membership with a notice period of seven days to the end of the respective contract period.
The termination is only effective if it is made by “express declaration in text form”, namely by letter, fax or e-mail.
Parship was recently a party in court. In October 2020 the European Court of Justice ruled that if an online dating contract concluded for a period of twelve months is withdrawn in due time, the amount owed must be calculated on a pro rata basis.
According to the consumer center in Bremen, an example is the case of a consumer who had a premium membership with Parship for twelve months for 523.95 euros and who had canceled his contract after four days. Parship then demanded compensation for the value of 392.96 euros. “This requirement is disproportionately high in view of the service provided up until then,” says Gerrit Cegielka, legal expert at the Bremen Consumer Center.
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