Status: 21/09/2023, 17:33 p.m.
Stephanie Zöllner (M), Presiding Judge at the Hanseatic Higher Regional Court. © Christian Charisius/dpa
The online matchmaker Parship advertises "dating you'll love." But the terms and conditions do not meet with approval from some customers. They and the consumer centers argue that they are allowed to terminate without notice. The judges have the last word.
Hamburg - A model declaratory action by the Federal Association of Consumer Organizations against the right of termination at the online dating agency Parship has little chance of success. In an oral hearing before the Hanseatic Higher Regional Court in Hamburg, the chairman of the civil senate, Stephanie Zöllner, indicated on Thursday that the court will reject the lawsuit for the most part.
There is only one point in which the consumer advice centre could be successful. This involves the automatic renewal of a six- or twelve-month membership for a whole year, unless cancelled twelve weeks before the end of the original term. However, this regulation only affected premium memberships between 2017 and 2022. In the meantime, Parship has changed its terms and conditions.
The consumer advice centre is of the opinion that customers may terminate their contract with Parship at any time without notice. In the dating agency, users provided information from their private and intimate sphere. If a customer has the feeling that his data is no longer in good hands with the placement agency, a longer adherence to the contract is unreasonable. In its argumentation, the consumer advice centre refers to a paragraph in the German Civil Code (§ 627), according to which contracts for services with a special position of trust may be terminated without notice.
The consumer advice centre represents 29 Parship customers in the proceedings. Around 1200 others have joined the lawsuit, according to the Federal Association. The Higher Regional Court plans to announce its verdict on October 26. Dpa