Terms more important than slogans

Reading the fine print on signing the contract is still crucial

10.08.2011

Advertising slogans are often the occasion for customers to conclude a contract, but legally binding are the General Terms and Conditions (GTC), in which the promising promotional offers are often restricted or even revoked. The district court of Munich has published on Monday a corresponding final judgment. The proceedings concerned the terms and conditions and advertising promises of private health insurance. (Ref .: 261 C 25225/10)

Plaintiff demanded the promised premium refund
When concluding a contract, consumers should always study the terms and conditions and not be fooled by the promotional offers. Before the Munich district court had sued a woman who changed her health insurance in early 2009 and was convinced by the promise of the premium refund after years off. Due to the promises in a booklet for the reimbursement of three monthly contributions already after the first performance-free year, the plaintiff concluded a corresponding health insurance contract and demanded after one year without benefits a corresponding refund. This was denied her by the insurance with the reference to the AGB promptly. The general terms and conditions of the contract stipulated that the insurer should determine the premium refund on an annual basis and also decide how high the refund in the individual tariffs would be. The woman felt deceived and filed a lawsuit with the district court in Munich, in order nevertheless to enforce the promised reimbursement of three monthly contributions.

Promotional offers of health insurance without legal obligation
However, Munich District Court points in the verdict now published to the fact that can be derived from the promises of advertising brochures no claim to a premium refund. On the contrary, the terms of contract and the general terms and conditions expressly refer to the right of the insurance to determine the premium refunds are binding. When „informed consumer“ If the woman had to expect that in the terms and conditions of the advertising promises can be specified or limited, so the assessment of the court. In addition, the prospectus contained a reference to the general conditions of sale as the basis of the insurance cover and the terms of the contract were at the signing of the claimant for inspection. The reading of the terms and conditions and the general terms and conditions is quite reasonable, according to the Munich District Court. Consumers are here obliged to inform themselves about the details of the present contract by reading it, because the conditions stated here are also legally binding (as long as they do not violate other laws).

Consumers need to be thoroughly informed
However, promotional offers can not be understood as binding contract offers, but merely serve to initiate a business, the court said. With these reasons, the district court of Munich rejected the lawsuit of the woman at the beginning of February. The judgment now published is final, but for the consumers as a defeat. Certainly not every slogan can be traded as face value, but with such clear statements as to the premium refunds in the case of the plaintiff, a legally binding effect seemed at least questionable. In the end, however, consumers will not be spared the thorough scrutiny of the fine print on signing the contract. (Fp)

Image: Axel Hoffmann