Cancellation button is missing: Can you cancel your subscription immediately?

Which contracts does the button requirement cover?

The regulation concerns continuing obligations that consumers can conclude via a website. These may include streaming subscriptions, digital memberships, or fitness contracts. What is decisive is what the provider actually offers on its website at the end. A mere advertising page with contact details is not automatically sufficient for this.

Section 312k BGB contains exceptions: In particular, it does not apply to contracts for financial services and not in relation to corresponding websites. Contracts whose termination by law requires a stricter form than the text form are also excluded. The rule cannot therefore be transferred to every payment in progress.

Clicking on “Cancel” is not always a cancellation

The law provides for two steps: A clearly labelled button leads directly to a confirmation page. There, enter the information required to cancel. Only click on the confirmation button to send the declaration. Both buttons and the confirmation page must always be available and immediately and easily accessible.

Then save the statement with the date and time. The provider must immediately confirm receipt and the desired termination time electronically in text form. Distinguish between a posted notice of termination and a mere notice of termination. A screen with a recall request does not in itself prove that your cancellation has been declared.

What is the point of a missing or faulty button?

If the requirements of Section 312k (6) BGB are met, you do not have to give notice when giving notice. This is not an automatic waiver of claims that have already arisen. Even the mere discovery of the fault does not end the contract. A declaration to an absent recipient generally depends on access, as provided by Section 130 BGB.

A separate example: You want to cancel a subscription, but you only find a reference to customer service. First, document the offer and the cancellation process. Then tell the contract partner explicitly which contract you want to end and name the identified error. If you rely on immediate termination, you can also cancel as an alternative as soon as possible. Whether the immediate termination is effective remains a question of individual case.

This evidence helps with a later dispute

A website may look different after you cancel. Please therefore record the condition as soon as possible. A single cut-out screenshot is often less meaningful than comprehensible documentation of the entire journey.

Collect the documents in a short chronological order. Please also note down any technical features: Were you signed in? Did you use mobile or desktop view? Was there a specific error message? In this way, it is possible to distinguish later whether the cancellation method is missing, difficult to reach or whether a technical fault has only occurred temporarily.

• Have contract confirmation, duration and customer number ready.
• Save the website address, date, and time along with screenshots or a short screen capture.
• Document the online offer to conclude the contract and the actual method of termination.
• Keep the exact text of your cancellation, shipping information, and any response unchanged.

What to do if you still continue to be charged?

If the provider objects to the termination, ask them for specific reasons and a comprehensible time of termination. Include your cancellation and the secure supporting documents. In principle, effective termination does not require the consent of the contractual partner. Confirmation and legal effectiveness are different issues; the Federal Network Agency explains this for energy supply contracts, for example.

A chargeback does not replace the cancellation and does not determine whether a claim exists. First, check for what period of time the provider is asking for money. Don't ignore reminders or court letters. Before a chargeable lawsuit, the disputed amount, the risk of evidence and the expected costs should be considered together.

Distinguish between termination and revocation

If you want to cancel a contract that has just been concluded, a statutory right of withdrawal may be relevant instead of termination. Section 355 BGB regulates its exercise, but requires that you have been granted such a right. In principle, there is a period of 14 days; its start depends on the relevant regulations.

If you cancel in due time, you are no longer bound by the contract declaration under the legal requirements and benefits received must be returned. The cancellation of a current subscription, on the other hand, affects its termination. Therefore, clearly state what you want to achieve. Anyone who simply does not want to renew is pursuing a different goal than someone who revokes a new contract.