The introduction of a cancellation button was actually intended to enable consumers to easily terminate many contractual relationships. Where this is missing, they benefit from another right.
It has been mandatory on many companies’ websites for more than a year: the cancel button. Providers of newspaper subscriptions, streaming services or mobile phone contracts, for example, should make it easy and safe for their customers to end their subscription. However, a study by the Federal Association of Consumer Organizations shows the opposite. Many of the companies do not implement the requirements or at least implement them inadequately. The button on websites has been mandatory since July 1, 2022. This is what you can do if the cancel button is missing.
Termination possible without notice
The Federal Association of Consumer Organizations examined around 3,000 companies and found that around 60 percent of the pages examined did not “implement the cancellation button in accordance with the law”.
What initially seems annoying for many consumers also brings with it a decisive advantage. “If it can be proven that the cancellation button is missing or implemented incorrectly, those affected have the opportunity to terminate their contract without notice,” says Michèle Scherer, lawyer at the Brandenburg Consumer Center.
There are also clear regulations as to what a cancellation button should look like or be noted:
- The cancellation button must not be hidden or even missing entirely
- The cancellation button must lead to the confirmation page
- The label on the cancellation button must be clear
Cancellation button is missing – what to do?
If you want to make use of this right, you should point out the fact that the cancellation button is missing or incorrect in the cancellation, advises Scherer. It could also be helpful to attach a corresponding screenshot or photo as evidence.
The button is mandatory for contracts with a longer term that were concluded online or at least could have been concluded online. Rental contracts or contracts in the financial and insurance sectors are exempt from the obligation. If you are unsure whether a company has implemented the cancellation button in a legally compliant manner, you can find out what is important on the Brandenburg Consumer Center website.
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As already mentioned, the obligation applies from July 1, 2022. However, it also says that the regulation also applies to contracts that you concluded before July 1, 2022.
Also interesting: That’s why it’s better to cancel online contracts yourself
Clear legal situation
If the company does not accept your immediate termination due to a missing button, there are various laws that you can use to defend your rights. The Civil Code (BGB) states Section 312k Paragraph 6 Sentence 1: “If the buttons and the confirmation page are not made available in accordance with paragraphs 1 and 2, a consumer can terminate a contract for which the buttons and the confirmation page are available must be provided, can be terminated at any time and without observing a notice period.”
source
With material from dpa