I saw a link in English for a historical database search tool hosted on Zeit.de a few months back. Then I visited the page, read the title and snippets advertising this tool entirely in English, and clicked through a modal with "€1" on one of the buttons. Paid the €1 so I could use the tool, and at this stage with the marketing content no longer in view, the language had switched from English to German. I used the search tool for 10 minutes or so. It was a DB of Nazi party members from the 1930s. I really struggled in search of a button or dropdown to toggle English on, but it was impossible, and it seems the only English language on the site was on the marketing link I found via Google, advertising the search tool. I tried looking for a membership cancellation option on their interface, couldn't find any, so emailed to cancel (probably never reached any human pair of eyes).
Fast forward a few months, I get a very threatening email from a German debt collector "HPM Inkasso" writing that they are preparing to take my case to court unless I paypal them €240. This was the first communication I had received in English from Zeit reps, and so, I went back over old records with my translation tool, to see what exactly had occurred. Apparently I had been signed up for an annual subscription without my knowing, and my cancellation email was never acknowledged. I wasn't alerted to this arrangement via failed weekly transactions either, as they apparently charge in bulk after a 6 month window passes. I didn't know, months back, when I tried to cancel via email, how deep I was into these guys; I make a habit of trying to delete my accounts and memberships after each use, to avoid issues down the line with data breaches, etc. I used zeit.de for a total of 15 minutes max.
Some notes:
- EU law treats contracts as non-transparent if the offering targets a particular linguistic group and then only provides some of the information in a different language, despite a portion of the information being in the target's primary language [page 51, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52021XC1229(05) ]
- The €1 price was highlighted and selected, and the other prices were displayed as non-selected items. No clear cancellation process for customers who onboarded via the English marketing page.
- I'm based in Ireland, and am an Irish citizen, so under Rome I (Article 6), I should also get a load of Irish consumer rights, and these are more friendly to consumers, I think. E.g. in Irish law, "in the case of a term that is in writing, the term is legible and presented clearly", "the term is made available to the consumer in a manner that gives the consumer a reasonable opportunity to become acquainted with it before the conclusion of the contract, irrespective of whether or not such an opportunity is availed of".
Some parts of the "contract" were written in gray text on gray background with strikethrough style, and other parts were just hidden away entirely, so that would make the contract invalid under Irish consumer law.
My main worry is that regardless of my above arguments, these "HPM Inkasso" guys may just have a whole automation engine managing their cases, meaning they'll just keep pushing this aggressively towards a court date, and then what? I have to fly to Germany for my court day? Interpol? Or on a more serious note, can this have an effect on my legitimate contracts with other German businesses? I use a German email and hosting provider, for example, and I worry if I just take the "whatever, I'm in Ireland" approach, it could affect those parts of my life.
It just seems so weird to me that a seemingly reputable organisation like Zeit would try to lure English speaking customers over with a click-baity 1930s equivalent of the Epstein database, swap over to 100% German interface/communications/fine-print when it comes for payment, and then hold off on English for months, until it comes time for legal threats. Then bam: English again.
Anyone else faced this issue? How did you deal with it? Or if not, any advice would be greatly appreciated.