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CLLB Rechtsanwälte requests reimbursement of overpaid fees – invalid clause on price increase
Munich, April 13, 2022. Many film and series fans no longer want to do without Streaming like Netflix. However, a subscription with such a service provider is not always done without litigation and before any price increase. CLLB Rechtsanwälte has now filed a lawsuit against Netflix on behalf of a customer and seeks reimbursement of overpaid subscription fees.
The client subscribed to Netflix in February 2015 at a monthly price of 8,99 euros. The contract states in the terms of use, among other things, that Netflix has the right to “change the price of our subscription offerings from time to time, at our reasonable discretion, to reflect the impact of changes in the total costs associated with our service. » Here are some examples that may result in cost changes.
The Berlin Regional Court has already clarified by its decision of December 16, 2021 that this clause is invalid. “Netflix has raised the price of our customer's subscription several times, most recently to EUR 12,99 per month. Since the price increases are without effect after the decision of the Berlin Regional Court, we are claiming the overpaid subscription costs from Netflix for the years 2015 to 2021,” says lawyer István Cocron. A total of 165 euros plus interest.
Netflix received this amount without legal reason due to ineffective price increases. As a result, Netflix must reimburse the overpaid fees, explains lawyer Cocron.
In addition, the subscription contract was concluded via a Netflix website using the so-called button solution. The customer confirms the conclusion of the contract by pressing the corresponding button. However, such a button solution is not sufficient for the conclusion of a contract. The Berlin Court of Appeal ruled on December 20, 2019 (Ref: 5 U 24/19). “The entire contract between Netflix and our client is therefore invalid,” attorney Cocron said.
In this judgment, the Berlin Court of Appeal also determined the invalidity of the price adjustment clause. The court said that this clause was not clear and understandable for the consumer. According to the court, a price adjustment clause must present the circumstances that may lead to price changes in a transparent manner using clear and understandable criteria so that the customer can assess the changes and that no undue discretion arises. present.
"So we see a good chance of recovering the overpaid fees from Netflix," says attorney Cocron.
More information: https://www.cllb.de/
Press contact: Lawyer István Cocron, CLLB Rechtsanwälte Cocron, Liebl, Leitz, Braun, Kainz, Sittner Partnerschaftsgesellschaft mbB, Liebigstr. 21, 80538 Munich, phone: 089 552 999 50, fax: 089 552 999 90; Email: cocron@cllb.de Web: www.cllb.de
SOURCE: Reviews News
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