A model declaratory action by the Federal Association of Consumer Advice Centers against the right to terminate the online dating agency Parship has little chance of success.
In an oral hearing before the Hanseatic Higher Regional Court in Hamburg, the chairwoman of the Civil Senate, Stephanie Zöllner, indicated on Thursday that the court would reject the majority of the lawsuit.
The consumer advice center could only be successful on one point. This involves the automatic extension of a six or twelve month membership for a full year, unless canceled twelve weeks before the end of the original term. However, this regulation only affected premium memberships between 2017 and 2022. Parship has since changed its terms and conditions.
The consumer advice center is of the opinion that customers can terminate their contract with Parship at any time without notice. When dating, users provided information about their private and intimate life. If a customer has the feeling that their data is no longer in good hands with the agency, it is unreasonable to hold on to the contract for a longer period of time. In its argument, the consumer advice center refers to a paragraph in the Civil Code (§ 627), according to which contracts for services with a special position of trust can be terminated without notice.
The consumer advice center represents 29 Parship customers in the proceedings. According to the federal association, around 1,200 others have joined the lawsuit. The Higher Regional Court wants to announce its verdict on October 26th.
