As of: February 4, 2024, 10:05 a.m
By: Alina Schröder
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According to consumer advocates, the notice period for Deutsche Bahn's Bahncard is not legal.
© Montage: Martin Schutt/ Annette Riedl/dpa
There are discussions regarding the notice period and the Bahncard subscription.
Consumer advocates want to take legal action against this, but Deutsche Bahn is defending itself.
Berlin – Frequent travelers can definitely save money on their trips with the Deutsche Bahn Bahncard, which is set to become completely digital from 2024.
Depending on the number of routes per year, they are available in different versions, for 25, 50 or even 100 percent discount.
But there is a catch with the notice period, as consumer advocates warn.
Lawsuit against Deutsche Bahn: According to consumer protection, the notice period for the Bahncard is not legal
Because they believe the notice period for Bahncards is inadmissible, consumer advocates have filed lawsuits against Deutsche Bahn.
The company is violating a law that is intended to enable consumers to get out of long-term contracts more easily.
This is what legal expert Dirk Weinsheimer from the Thuringia Consumer Center said.
The trial rail card is currently automatically extended into a one-year subscription.
According to Weinheimer, this must also be terminable within four weeks - and not just at the end of the one-year term.
The Frankfurt Higher Regional Court confirmed receipt of a corresponding lawsuit against DB Fernverkehr.
A hearing date is scheduled for June 2024.
“The court’s decision is likely to have an impact on thousands of Bahncard subscriptions,” said Weinsheimer.
Anyone who now uses the Deutschlandticket and realizes that they no longer need long-distance journeys could be very interested in canceling their Bahncard.
Legal certainty should now be created - in case of doubt also at the Federal Court of Justice (BGH).
When asked, the railway initially did not comment on the case.
Trial Bahncard automatically converts into an annual subscription
Previously, a trial rail card could be canceled up to six weeks before the end of the three-month term.
This period has now been shortened to four weeks.
But that is not legally secure, said the consumer advocate.
If consumers do not cancel in time, the trial subscription will be converted into a normal Bahncard.
This can currently be canceled up to six weeks before the end of the one-year term.
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The law stipulates a notice period of four weeks – according to DB “this does not apply to Bahncard”
According to Weinsheimer, those affected who no longer use their Bahncard until the legal matter has been clarified can now cancel pro forma.
Even if the termination is probably rejected by DB, you may still be entitled to a refund.
But that is legally complicated.
Stopping payments for the Bahncard immediately is not advisable.
Specifically, it is about a law that came into force in March 2022.
According to this, subscription contracts must be able to be canceled within four weeks after the minimum term has expired.
But the DB sees things differently in their case: “The railway is of the opinion that this does not apply to the Bahncard,” said Weinsheimer.
Basically, the company argues that its conditions of transport have been officially checked.
According to the consumer advocate, this does not mean that they are correct.
In addition, the BGH determined over ten years ago that the Bahncard was a discount agreement and not a long-term obligation, which is what the law is actually aimed at.
The BGH decision was made before the law, explained Weinsheimer.
“We believe that the legislator's intention for the Bahncard still applies.” Only recently did the railway workers' strike end earlier than planned - the GDL and DB entered into collective bargaining again.
(asc/dpa)