Automatic Bahncard extension: consumer advocates continue to sue

The Thuringia Consumer Advice Center (vzth) wants to take further action against Deutsche Bahn's (DB) practice of extending the term of a Bahncard by one year if it is not canceled in good time. Although DB has shortened the notice period for the trial Bahncards 25 and 50 and the regular Bahncards 25 and 50 to four weeks, this is not enough for the consumer advocates.

In February, vzth sued DB before the Frankfurt am Main Higher Regional Court and demanded a cease-and-desist declaration from DB due to inadmissible notice periods. According to the consumer advocates, Deutsche Bahn has refused to do so. "Even though the company now states shorter notice periods in its General Terms and Conditions than before, vzth intends to continue pursuing the legal action."

"Extension by one year unlawful"

In vzth's opinion, the automatic contract extension is an essential contractual condition. "In the opinion of the consumer association, Bahncard contracts may only be extended indefinitely after the initial term has expired, with the proviso that they can then be terminated at any time with a notice period of four weeks," says vzth lawyer Dirk Weinsheimer.

With the lawsuit, the consumer advocates also want to ensure that DB cannot later change the terms of the contract harming consumers. Only a legally binding judgment can ensure clear and long-term legal certainty.

A DB Probe-Bahncard 50 2nd class, for example, costs 76.90 euros and is valid for three months. If it is not canceled up to four weeks before the end of its term, the trial Bahncard 50 automatically becomes a permanent subscription with a minimum contract term of one year and an annual cost of 244 euros. The same notice period now also applies to the Bahncards 25 and 50. Deutsche Bahn emphasized to heise online in February of this year: "All conditions have been approved by our approval authority, the Federal Ministry for Digital and Transport (BMDV)."

(anw)