Leaving parcels with neighbors: Consumer advocates sue Deutsche Post

Online retail is booming, with side effects such as missed parcel deliveries and initially lost shipments. The Federation of German Consumer Organizations (vzbv) has now filed an injunction against Deutsche Post. The reason: the association considers the Bonn-based company's parcel delivery conditions to be too opaque when a shipment cannot be delivered directly to the recipient.

Essentially, the lawsuit filed at the beginning of September concerns the question of who is considered a substitute recipient (Ref.: I-13 UKl 9/25). According to the Post's general terms and conditions (GTC), parcels may be delivered to "residents and neighbors" as a substitute if "it can be assumed that they are authorized to accept the shipments." Exceptions are parcels that because of the sender's instructions, must be delivered only to the recipient personally or are subject to identity verification, as well as shipments with transport insurance.

The vzbv considers this regulation to be too vague. Executive Director Ramona Pop criticizes that customers do not know who counts as a neighbor. She asks: "Who qualifies as a neighbor? Even someone unknown three streets away?" Although it considers substitute delivery to neighbors to be sensible in principle, the vzbv calls for more clarity for consumers. Pop emphasizes that it must be clear to consumers under what conditions their package may be delivered in the immediate vicinity.

With its submission to the Higher Regional Court in Hamm, the association wants to ensure that the postal service clarifies its terms and conditions and provides greater transparency. The defendant does not wish to comment at this stage, as it has not yet officially received the written statement.

Misdeliveries are not isolated cases

The problem of misdelivery in online retail is widespread in Germany and is one of the most common reasons for customer complaints. Delivery to neighbors is widespread, but it can lead to confusion and annoyance if the recipient does not know where their package has ended up. Such difficulties not only affect customer satisfaction, but also cause high costs for online retailers and parcel services, for example due to complaints and the loss of goods.

The Berlin State Criminal Police Office is also warning citizens about a sinister delivery scam with its campaign "Help your neighbor, but not the fraudster." According to the campaign, criminals exploit the helpfulness of neighbors to obtain packages that they have ordered online using false or stolen identities. The perpetrators are sophisticated in their approach: they label unused mailboxes with the names they use for their online orders. Occasionally they even misuse the identities of real neighbors to gain trust.

The packages are then delivered to this manipulated address, where the fraudsters intercept them. They often ask unsuspecting residents to accept the package for them, claiming that they are not at home at the moment. Later, they pick up the packages and disappear without the scam being immediately discovered. If a neighbor accepts a package, they are responsible for ensuring that it is delivered safely to the recipient. Once a delivery person has handed over the shipment, they are no longer liable for it. If goods do not arrive at the recipient's address, retailers are obliged to refund the purchase price of the order.

(nen)