Advertising service requires a one-off fee of around 4,000 euros
Until now, contracts with dating agencies have been difficult to revoke. However, in a ruling in May 2021, the Federal Court of Justice (BGH) classified existing cancellation conditions as partially illegal. The placement agency Werbe-Service apparently took this as an opportunity to develop a new business model.
In the case of the month, a consumer from Lower Saxony is now supposed to pay a one-off fee of around 4,000 euros for the immediate sending of partner recommendations after concluding the contract - the agency brazenly circumvents the legal regulation on the right of withdrawal.
What happened?
A consumer responds to a friendly personal ad in a newspaper. The dating service advertising service then rings at his front door. In the belief that he is signing contractual documents for the introduction to this specific person from the newspaper advertisement, he signs a general membership in the agency's clientele at the front door. For the immediate development and selection of potential partners, Werbe-Service charges a one-off fee of around 4,000 euros, which the consumer pays in cash on site. He also confirms in writing that he waives his right to withdraw. On the same day the contract is signed, the agency sends him twelve partner recommendations.
Legal classification
“It is frightening how quickly dating agencies react to the BGH ruling in May and are now finding new methods to undermine consumer-friendly case law,” says Ann-Katrin Fornika, consultant at the Lower Saxony Consumer Center in Oldenburg. Before the judgment, such contracts usually ran for 24 months as long-term obligations. In the event of revocation, new case law now only allows compensation to be calculated on a daily basis - and that is sometimes not very profitable for dating agencies. “The new advertising service business model is questionable and dubious,” says Fornika. However, she believes it will be difficult for consumers to get their money back. Even if he felt pressured by the door-to-door sales, the consumer waived his right of withdrawal. With the partner recommendations received, the service has already been provided.
Tips from the consumer advice center
“Consumers should not allow themselves to be put under pressure by traditional door-to-door sales and should read contracts carefully before signing,” says Fornika. She also advises never to make payments immediately and never to waive your right of withdrawal. In this case, only a court can decide whether the consumer ultimately gets his money back. There are always judgments in favor of consumers who were pressured into signing and making decisions during door-to-door sales.
If you have any questions about contract law, free short advice from the Lower Saxony Consumer Center can help - on site, by telephone or via video.
Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )