How to recognise subscription traps, why many subscription contracts are not even valid without a correct order button, and how to get your money back and cancel.
A supposedly free trial, a prize draw, a quick tap on your phone: and suddenly you are said to have signed up for an expensive subscription. Subscription traps (Abofallen) thrive on people paying out of uncertainty. Yet the chances for consumers in Germany are remarkably good, because many of these "contracts" never came about validly in legal terms.
A paid contract online is only concluded with a consumer if the order button was clearly labelled with "zahlungspflichtig bestellen" (order subject to payment) or an equally clear wording (§ 312j Abs. 3 BGB, German Civil Code). If that is missing, you are not bound by the contract (§ 312j Abs. 4 BGB). In addition, for online contracts you usually have a 14-day right of withdrawal (§ 355 BGB), and ongoing subscriptions must be cancellable via a cancellation button on the website (§ 312k BGB). If money has already been debited by direct debit, you can have the debit returned by your bank within 8 weeks. Do not let yourself be intimidated by collection threats; object in writing instead.
Typical patterns recur again and again:
Since 2012 the so-called button rule (Button-Lösung) has applied in Germany. For a contract in electronic commerce that obliges you to pay, the trader must design the order situation so that, with your order, you expressly confirm that you are committing to a payment. If the order is placed via a button, that button must be labelled legibly with the words "zahlungspflichtig bestellen" (order subject to payment) or a correspondingly clear wording (§ 312j Abs. 3 BGB). Directly before the button, the essential contract details must also appear: the total price, the term, and the main features of the service.
The legal consequence is sharp: if the provider does not fulfil this duty, the contract with you does not come about (§ 312j Abs. 4 BGB). A "subscription" that you are said to have concluded via a button labelled "Continue" or "Sign up now" therefore, as a rule, obliges you to nothing. Take evidence photos or screenshots of the order page while it is still accessible.
Even if the contract was validly concluded, consumers can generally withdraw from contracts concluded online or by telephone within 14 days without giving reasons (§ 355 BGB). For services and digital subscriptions, the period usually starts with the conclusion of the contract, but only if you were properly informed about your right of withdrawal (§ 356 BGB). If the information is missing, the withdrawal option is extended by up to 12 months. This is precisely where subscription traps almost always fall short.
Withdrawal is possible without a set form, but it is best done in writing by email and additionally by registered letter with proof of delivery (Einwurf-Einschreiben), so that you have proof. You do not need to give a reason. Note: for some types of contract there are exceptions to the right of withdrawal (§ 312g Abs. 2 BGB), for example for services already fully performed to which you expressly consented.
Since 1 July 2022, § 312k BGB has applied: anyone who allows consumers to conclude a paid continuing obligation on a website must also provide a clearly visible button there labelled "Verträge hier kündigen" (cancel contracts here) or something similarly clear. Via a confirmation page you must be able to cancel without logging in; you must receive immediate electronic confirmation of the cancellation. If the cancellation button is missing, you can cancel the contract at any time and without observing any notice period (§ 312k Abs. 6 BGB). A provider that only accepts cancellations by letter regularly breaches this duty for online subscriptions.
Important: the reversal does not replace the objection to the claim itself. In parallel, explain to the provider in writing that no contract exists or that you are withdrawing.
Operators of subscription traps work with fear: reminders, collection letters, lawyers' letters, SCHUFA threats. Do not let this pressure you. A collection agency cannot enforce a claim that does not exist, and no one may seize assets without a court title. Object to the claim, in writing and with reasons, once to both the provider and the collection agency, keep everything, and do not pay. A SCHUFA entry is not permitted for a disputed claim. It only becomes serious with a genuine court order for payment (Mahnbescheid) in the yellow envelope from the Amtsgericht (local court): you must object to that within 2 weeks using the enclosed form. Read more in our guide on debt-collection letters.
In Austria, a comparable button obligation applies ("zahlungspflichtig bestellen", § 8 FAGG) as well as a 14-day right of withdrawal for distance contracts (§ 11 FAGG). Advice is provided by the Arbeiterkammer and the Internet Ombudsstelle; the Watchlist Internet warns about subscription traps.
In Switzerland there is no general statutory right of withdrawal for online purchases. That makes the question of whether a contract came about at all all the more important: with hidden costs there is often no agreement in the first place, and deception can also be invoked (Art. 28 OR). Help is available from the Stiftung für Konsumentenschutz and cybercrimepolice.ch.
Do I have to pay if I accidentally fell into a subscription trap? In most cases, no. First check whether the order button was correctly labelled. If it was not, no contract exists. Otherwise, withdrawal usually helps.
Is it enough simply not to react? Better not. Object once, in writing and verifiably. After that, you do not have to reply every time to further reminders from the same provider. Only a court order for payment requires a timely response.
May the provider keep debiting my account? Withdraw the SEPA mandate towards the provider and your bank. You can then have further debits returned.
We are an independent citizens' initiative (Bürgerinitiative) and provide general information. This text is not legal advice for an individual case. In the event of a dispute or uncertainty, contact your Verbraucherzentrale (consumer advice centre) or a lawyer.