Withdrawing from a dating subscription: What can the platform charge?

€199.26 claimed, €1.46 owed

A customer took out a twelve-month premium membership for €265.68 on 12 July 2018. She withdrew the following day. The dating platform nevertheless claimed €199.26 as compensation for services supplied. The customer had received a personality report and could already use the platform. On 17 June 2021, the Federal Court of Justice confirmed that only €1.46 was owed (III ZR 125/19, paragraphs 3 to 6 and 21 to 25).

The court declared that the customer did not owe €197.80 of the amount claimed. It did not award her a refund of that sum. The decisive calculation divided the annual price of €265.68 by 365 days and multiplied it by the two days up to withdrawal, resulting in €1.46 after rounding. This historical case provides a concrete benchmark for examining a substantial charge.

When the platform can claim compensation at all

The former section 357(8) of the German Civil Code has been replaced for this issue by section 357a(2). For a paid online service contract, the consumer must expressly have requested performance before the withdrawal period expires. The trader must also have provided proper information about withdrawal and possible compensation. These conditions were met in the case before the court (paragraph 22).

Our practical assessment: Ask for the actual declaration you made and the information you received. A statement that access was activated immediately does not answer those questions. The amount becomes relevant only once the conditions for compensation are satisfied.

Why an immediate profile does not justify a large flat charge

For the type of membership discussed here, the starting point is the agreed total price apportioned by time up to withdrawal. An exception may apply where the contract expressly provides for a separate service to be performed fully at the outset for a separately payable price. The fact that other customers could buy a personality report separately for €149 was insufficient in this case. The particular premium contract contained no such separate price agreement (paragraphs 23 to 25).

This interpretation follows the Court of Justice's judgment of 8 October 2020 in C-641/19, PE Digital (paragraphs 26 to 32). An excessive total price must also be assessed against market value (section 357a(2); Court of Justice, paragraphs 33 to 37). This does not establish a universal rule for every online subscription. Other service models require separate assessment, as the Court's later streaming judgment of 9 July 2026, C-234/25, illustrates (paragraphs 49 to 52).

Withdrawal and termination are different

A consumer contract concluded online generally carries a right of withdrawal under section 312g(1). The usual period is 14 days from conclusion, but it does not begin before proper withdrawal information is provided. Whether the period is still running or the right has exceptionally expired depends on the particular contract (sections 355 and 356). Simply activating access to a service is not the same as fully performing the contract.

Once the right of withdrawal has ended, different termination rules apply. On 17 July 2025, the Federal Court of Justice rejected a right to terminate at any time under section 627 for the automated online dating service examined in that case (III ZR 388/23, paragraphs 34 to 46). The compensation judgment therefore does not create an unrestricted exit from every ongoing membership.

How to prepare a review of your bill

Communicate withdrawal clearly and in time to the trader, for example by email, and keep evidence. Where a right of withdrawal exists, section 356a also provides for an electronic withdrawal function for distance contracts concluded through an online interface, which must remain available during the withdrawal period. Retain its receipt confirmation. Do not rely on merely deleting your profile being understood as withdrawal.

If payment is demanded, first request an intelligible breakdown. If you have already paid, any refund and any valid compensation claim need to be assessed separately. The €1.46 remaining due in the court's case is not a universal maximum.

• Gather the contract confirmation, total price, term and applicable terms and conditions.
• Preserve the withdrawal information and declarations concerning early performance.
• Record the dates of conclusion, start of performance and withdrawal.
• Request the precise agreement for any alleged separate services and their prices.
• Have debits, invoices and previous correspondence ready for legal review.