The provider of the streaming platform Disney+ reserves the right in its terms of use to increase its prices unilaterally and without any restrictions at the expense of the customers. The Brandenburg Consumer Center (VZB) sees this as a clear violation of the legal regulations and warned The Walt Disney Company (Benelux) BV. The company did not issue a cease and desist declaration. Therefore, the VZB is now suing the Potsdam regional court.

A consumer from Cottbus reported to the VZB via the online complaint box and was annoyed about an announced price increase of almost 30 percent for his annual subscription to the Disney+ streaming service. The VZB then checked the provider's corresponding terms of use. This actually reserved the right to change the prices with effect from the start of a new subscription period. This would be communicated to users 30 days in advance. The provider did not say what factors the price changes might depend on.

“With this clause, the provider reserves the right to change the prices unilaterally and without restrictions. This means that consumers cannot estimate possible price increases when concluding the contract. In our opinion, this is not legal,” says Michèle Scherer, digital expert at VZB.

Although consumers were given the opportunity to reject the price change, it remained unclear according to the terms of use what the specific consequences of such a rejection would be. 

The VZB sees the clause as a clear violation of applicable law: such clauses must, for example, specify cost elements that can lead to an increase; they must not allow companies to increase profits. The VZB therefore warned the provider The Walt Disney Company (Benelux) BV. VZB did not receive a response from the company to the warning letter. That is why the VZB has now filed a lawsuit with the regional court in Potsdam.  

For individual questions, consumers can seek advice from the Brandenburg Consumer Center:

Source: Brandenburg Consumer Center

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