Economy Deutsche Bahn
Consumer advocates are suing DB over Bahncard rules
As of: 04:34 a.m. | Reading time: 2 minutes
Subscription trap rail card? This will soon be clarified in court
Source: dpa/Martin Schutt
Certain contracts can actually be terminated with one month’s notice after a minimum term has expired. However, the Bahncard is automatically extended for another year. Consumer advocates now want to take legal action against it.
Consumer advocates have filed a lawsuit against Deutsche Bahn because, in their view, the notice period for Bahncards is inadmissible. The company is violating a law that is actually intended to enable consumers to get out of long-term contracts more easily, said legal expert Dirk Weinsheimer from the Thuringia Consumer Center.
Specifically, a trial Bahncard cannot automatically be converted into a one-year Bahncard 25 or 50. In addition, this must then be terminable within four weeks and not just at the end of the one-year term.
Impact on thousands of Bahncard subscriptions
The Frankfurt Higher Regional Court confirmed receipt of a corresponding lawsuit against DB Fernverkehr. A hearing is scheduled for June. “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. When asked, the railway initially did not comment on the case.
also read
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 Weinsheimer. 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. From the perspective of consumer advocates, this involves a connection contract that, according to the law, must be terminable every month.
Cancellation now possible – but with risk
Weinsheimer said that those affected could terminate their contract now. The termination will probably be rejected – if you no longer use your Bahncard until the legal situation has been clarified, you may be entitled to a refund. But that is legally complicated. Stopping payments for the Bahncard immediately is not advisable.
also read
Advertorial Simply invest
Specifically, it is about a law that came into force in March 2022. Accordingly, subscription contracts can be canceled with one month’s notice after the minimum term has expired. “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. But that is no indication that they are correct.
also read
Age of labor disputes
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. However, the BGH decision was made before the law, explains Weinsheimer. “We believe that the legislator’s intention for the Bahncard still applies.”
Here you will find content from third parties
In order to display embedded content, your revocable consent to the transmission and processing of personal data is necessary, as the providers of the embedded content require this consent as third party providers [In diesem Zusammenhang können auch Nutzungsprofile (u.a. auf Basis von Cookie-IDs) gebildet und angereichert werden, auch außerhalb des EWR]. By setting the switch to “on”, you agree to this (revocable at any time). This also includes your consent to the transfer of certain personal data to third countries, including the USA, in accordance with Art. 49 (1) (a) GDPR. You can find more information about this. You can revoke your consent at any time using the switch and privacy at the bottom of the page.