In principle, price adjustment clauses are permissible and a suitable means, according to the court. However, the price change clause stipulated that no adjustment would be necessary if costs fell. The regional court saw the argument of the streaming service that customers were granted a right of termination as insufficient compensation for the disadvantage. “Consumers are currently affected by price increases in many areas. It is therefore all the more important to make it clear to the supplier side that they have to comply with the legal requirements,” says Jana Brockfeld, legal officer at vzvb. Spotify did not do this.
cost reduction possible
The Berlin district court declared that the right to terminate the contract was insufficient, partly because customers were generally not interested in it. A change of provider is associated with difficulties, such as the loss of playlists.
Spotify has already appealed the decision.
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