OGH: Several Clauses in DAZN Terms and Conditions Unlawful

The sports broadcasting platform DAZN has at least 13 inadmissible clauses in its general terms and conditions (GTC). This was the verdict of the Supreme Court (OGH) following a lawsuit by the Association for Consumer Information (VKI). Clauses regarding price increases and contract changes were recognized as illegal by the highest court. One clause must be renegotiated in the first instance, according to a VKI press release.

OGH lifted adjustment to German consumer price index

According to VKI, DAZN had secured the possibility in its GTC to unilaterally increase prices if the "relevant provision costs ... increase significantly." Such a unilateral price increase is permissible only under special circumstances that are completely beyond the company's control. The OGH also overturned an adjustment to the German consumer price index (CPI), as no price reduction was provided for if the CPI were to decrease.

The invalidity of price change clauses is probably the most important consequence of the judgment for customers, says Joachim Kogelmann, the responsible lawyer at VKI. This would prevent the OGH from allowing "creeping price increases without sufficient legal basis." In the case of price increases based on such inadmissible clauses, consumers would have a claim for reimbursement.

Automatic effectiveness of price changes after email

It is also not permissible for price changes to automatically become effective 30 days after an email is sent to the last known address. DAZN also wanted to prohibit their live service from being watched in places "where it can be watched simultaneously by parts of the public." So streaming in the park would be prohibited. "However, the OGH considers this an unreasonable restriction of usage rights," writes the VKI. DAZN's self-authorization to unilaterally change the content of the service and terminate customers if there are "legitimate reasons to believe" that the service is being used "excessively" was also not understood by the OGH.

(APA/Red)

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