The Federation of German Consumer Organizations has filed a model declaratory judgment action against Parship, which was accepted by the Hamburg Higher Regional Court. The consumer center is now calling on people to cancel subscriptions and join the lawsuit.
No right to terminate without notice
Who wants to use all the features of Parship, must pay for the premium version. A subscription is thereby initially concluded for a period of six months. Unless terminated at least twelve weeks before the end of these six months, the contract is extended by another twelve months.
The Federation of German Consumer Organizations (Verbraucherzentrale-Bundesverband) considers this clause to be untenable and is seeking to make it possible to terminate contracts with Parship without notice. Users who want to get out of their contract early are encouraged to submit a notice of termination and join the model declaratory action. Participation in the lawsuit is free of charge.
Marriage brokerage paragraph from 1900
The Vebraucherzentrale’s argument builds on the marriage brokerage paragraph from 1900 contained in the German Civil Code, which states that the “promise of a wage for proving the opportunity to enter into a marriage or for brokering the coming into being of a marriage does not establish a liability.” The Federation of German Consumer Organizations assumes that this paragraph should be applied in this day and age to all those services that have taken on the role of marriage brokers in its view – which includes Parship.
Parship itself sees it differently and looks the procedure according to own statements calmly against. In a statement, the company points out that the Federal Court of Justice only recently ruled that the paragraph in question does not apply to an online dating service. Further developments in this case remain to be seen.
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