Share:
BGH facilitates the termination of weight loss cures with medication
Karlsruhe (jur). The Federal Court of Justice (BGH) in Karlsruhe has made it easier for consumers to cancel weight loss cures. According to a ruling published on Friday, December 9, 2016, termination without special reasons is possible if the therapy uses special agents that are said to have effects on the body (Ref .: III ZR 193/16).
The decisive case is about the "original Easylife therapy". This is offered nationwide, here by a franchisee in Solingen. The therapy consists of a nutrition consultation and conversion of the nutrition as well as work-day spraying with individually adjusted homeopathic remedies. These are designed to boost fat burning, optimize food utilization and support the tightening of the skin. In the run-up, customers fill out a questionnaire on health complaints and medications they take. The advertising also promised the accompanying care by a doctor.
(Image: stockpics / fotolia.com) The defendant customer had agreed a four-week treatment for 1,290 euros. However, on the second day she complained about complaints and stated that she wanted to stop the therapy. Eleven days later she submitted a certificate from her family doctor. In it he advised for medical reasons from a special diet. In the same envelope was her contract with the note: "Request for repeal. Certificate attached. "
The therapy center insisted on the contract and demanded the 1,290 euros in full. It was felt that the customer had not really quit. In addition, the certificate does not prove that the "Easylife therapy" was really harmful to health. It therefore lacks an "important reason" for the termination.
But according to the Karlsruhe judgment this is not necessary. Because this is a "service of a higher kind". By law, these are services that require a special relationship of trust, such as medical treatment. Termination by the customer is then also permitted without "important reason".
For a "higher-level service" the BGH saw various indications, such as the health questionnaire and the promised medical care. Above all, however, the Karlsruhe judges relied on the sprayed funds.
The gift of a remedy that is supposed to influence the body and bodily functions always requires special trust, the BGH argued. This trust applies both to the nationwide therapy concept as well as to the people who implement it on site.
Contrary to the view expressed by the therapy center, the therapy offered also required "highly qualified knowledge and skills". Literally it says: "The administration of a special agent, which should have an impact on the body of the therapy participant, concerns the personal area of life. Although the therapy is not a medical treatment, but for these reasons (...) is equal to one. "
Finally, with its ruling of 10 November 2016, published in writing, the BGH also upheld the judgment of the Landgericht Wuppertal that the "request for repeal" of the contract should be regarded as termination.
All in all, the Wuppertal verdict persists. After that, the customer has to pay proportionately just under 600 euros. mwo