Negative option

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The negative option is a form of distribution for the initiation of purchase or usage contracts. The buyer or future user receives a limited free trial delivery or trial use. If he does not expressly reject the contract after the trial period has expired, a purchase or usage contract is tacitly concluded.

This form of distribution is particularly widespread for magazine subscriptions . It is also common practice for subscriptions to online and telecommunications services.

It is bound by a number of legal provisions:

  • The customer's obligation may not be longer than one year (two years according to another reading).
  • No psychological pressure to buy may be associated with the trial delivery. The case law assumes such a compulsion, for example, if a valuable bonus , for example an expensive watch, is associated with the trial delivery . The psychological obligation to buy is also considered to be given if the customer is allowed to exercise the negative option and still keep the promotional gift.
  • The trial period must be appropriate: not too short so that the customer has enough time to form an opinion, but also not too long so that there is no psychological pressure to buy. For example, around one week for daily newspapers and around four weeks for weekly newspapers are considered appropriate.
  • The provisions of the BGB Information Duty Ordinance must be observed.

The negative option is a common means of acquiring new customers , even with reputable specialist and public publishers .

In some cases, however, legal provisions such as those mentioned above are disregarded, or customers are persuaded to accept a negative option by forbidden cold calling by telephone. Such dubious practices have brought the method into disrepute as a subscription trap .

As a customer, you should definitely send the notice of termination in writing, preferably by registered mail with acknowledgment of receipt, if you do not want to enter into the contract. This is especially true if you have reason to doubt the seriousness of the provider.

literature

  • Commentary on the competition rules for the distribution of subscription daily and weekly magazines , status July 2005, published by the Association of German Magazine Publishers (BDZV)

swell

  1. ↑ § 307 BGB ; OLG Hamburg, judgment of July 2, 1986, 5 U 27/86, NJW-RR 1987, 47; see. § 309 No. 9 lit. b BGB.
  2. ↑ § 309 No. 9 lit. a BGB.