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Recognizing an invalid terms clause: what does not count in the fine print

General terms and conditions (GTC) are the pre-formulated fine print. They must not unreasonably disadvantage you as a consumer. Many clauses, such as surprising fees, blanket liability exclusions or impermissible deadlines, are invalid and then simply do not apply.

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Terms clauses that unreasonably disadvantage you contrary to good faith are invalid (§ 307 BGB). Surprising or ambiguous clauses do not become part of the contract at all, or are construed against the user.
Certain clauses are generally prohibited (§§ 308, 309 BGB), for example unreasonably long binding periods, the exclusion of liability for gross negligence or lump-sum damages without the possibility of counter-evidence.

What you should do now

  1. 1

    1. Read the clause carefully

    Mark clauses on fees, deadlines, liability, contractual penalties or automatic renewal; that is where the most common errors are.

  2. 2

    2. Check for disadvantage

    Ask yourself: am I being unreasonably disadvantaged or surprised here, or is the clause unclear? Then it is often invalid.

  3. 3

    3. Reject the clause

    Invoke in writing toward the company that the clause is invalid, and refuse demands based on it.

  4. 4

    4. Use advice

    For larger amounts, a visit to the consumer advice center or a lawyer is worthwhile, who can classify the clause reliably.

How to spot the scam

  • Hidden fees only appear in the fine print.
  • A clause excludes all liability of the company.
  • Very short complaint or notice periods are meant to curtail your rights.

Frequently asked questions

Do I have to accept everything that is in the GTC?

No. GTC must not unreasonably disadvantage you. Clauses that do so, are surprising or violate the statutory clause prohibitions are invalid (§§ 307-309 BGB) and do not apply.

What happens to an invalid clause?

It falls away without replacement; the law takes its place. The rest of the contract generally remains valid. So you do not have to comply with an invalid clause.

How do I defend myself against an impermissible clause?

Point out to the company in writing that the clause is invalid, and refuse demands based on it. In a dispute, the consumer advice center or legal advice helps.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.