To what extent does the right to cancellation apply to recreational services?
The right to cancellation in consumer contracts according to Section 355 of the German Civil Code is regulated by the consumer's right to the retroactive revocation of his or her applicable declaration of intent in the context of the contractual relationship. If the withdrawal is announced in due time, within 14 days, provided that no other agreements were made, "then the consumer and business are no longer bound to their declarations of intent made upon the conclusion of the contract." Consequently, the consumer must refund the service purchased. The employer must then refund the resulting monetary equivalent value.
Recreational services are subject to special regulation. According to Section 312g par. 2 no. 9 of the German Civil Code, the right of cancellation does not apply to contracts for "services related to leisure activities if the contract includes the provision of services for a specific date or period."
Leisure providers whose services meet the above criteria are, therefore, not obliged to reverse the transaction in accordance with the right of cancellation.
Please note that this information is not meant to replace legal council.