As of: February 5, 2024, 5:33 a.m
By: Alina Schröder
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Legal proceedings against Deutsche Bahn would have an impact on thousands of Bahncard subscriptions.
Consumer advocates criticize the notice period.
Berlin – Train travelers have often had to be patient recently – the day-long strike by the GDL was only recently called off.
The union and Deutsche Bahn have entered into collective bargaining again.
Now comes the next setback for the group: consumer advocates criticize the rules of the Bahncard and are now taking legal action against them.
According to consumer protection, the notice period for the Bahncard is not legal
With the Bahncard 25, 50 or 100, which will soon only be available digitally, frequent travelers can save money on their trips.
However, according to Dirk Weinsheimer, legal expert at the Thuringia Consumer Center, the notice period is not permitted.
For this reason, consumer advocates have now filed lawsuits against Deutsche Bahn.
The argument: The group is violating a law from March 2022 that is intended to make it easier for consumers to exit long-term contracts.
This stipulates that subscription contracts must be terminable within four weeks after the minimum term has expired.
However, the trial rail card is currently automatically converted into an annual subscription, which can only be canceled after the one-year term has ended.
Previously, the Bahncard could be canceled up to six weeks before the end of the three-month term.
However, this period was shortened to four weeks.
According to Weinsheimer, this is not legally secure because: If consumers do not cancel their subscription in time, it will automatically continue for another year.
This can then only be terminated up to six weeks before the end of the one-year term.
From the perspective of consumer advocates, this is a connection contract that, according to the law, should be terminable on a monthly basis.
According to consumer advocates, the notice period for Deutsche Bahn's Bahncard is not legal.
Thousands of subscriptions would be affected by the ruling.
© Christoph Schmidt/dpa
Deutsche Bahn defends rules for Bahncard
The DB interprets this differently: “The railway is of the opinion that this does not apply to the Bahncard,” says Weinsheimer.
The group essentially argues that its conditions of transport have been officially checked.
However, according to the consumer advocate, this does not necessarily mean that they are correct.
In addition, the BGH determined more than ten years ago that the Bahncard is a discount agreement and not a long-term obligation, which is what the law is actually aimed at.
However, the BGH's decision was made before the law, explained Weinsheimer.
“We believe that the legislator’s intention for the Bahncard still applies.”
What consumer advocates now advise those affected
An oral hearing is planned for June 2024; if necessary, it could also go to the Federal Court of Justice (BGH).
“The court’s decision is likely to have an impact on thousands of Bahncard subscriptions,” said the legal expert.
A cancellation could be particularly interesting for those who now travel with the Deutschlandticket and for this reason no longer use the Bahncard.
According to the German Press Agency (dpa),
the railway has
not yet issued a statement on the case.
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Weinsheimer now advises affected customers who no longer wish to use their Bahncard until the legal matter has been clarified to cancel pro forma now.
Even if the cancellation is likely to be rejected by DB, you could still be entitled to a refund.
However, this is legally complex.
Stopping payment immediately is not advisable.
(asc/dpa)
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