What does the court ruling BGH XI ZR 26/20 mean for N26 customers?
On April 27, 2021, the Federal Court of Justice of Germany (Bundesgerichtshof, BGH) ruled on [translation] “the impermissibility of clauses that feign the consent of a customer to changes in the Terms & Conditions of a bank.”
Am I entitled to a reimbursement?
On the bases of this ruling, customers with a private membership plan (N26 Standard/Smart/You/Metal), created before March 12, 2020, are entitled to reclaim the “Gambling Fee” introduced and charged by us. For those customers who are entitled to reclaim it, the fee (for the customer group in question) has no longer been charged since November 5, 2021.
Customers who registered after March 12, 2020 actively consented to the “Gambling Fee” included in the Terms & Conditions, which were already updated at this time, which is why these customers are not entitled to a reimbursement of said “Gambling Fee”. Customers with an N26 Business membership plan (N26 Business Standard/ Business Smart/Business You/Business Metal) are furthermore not entitled to reclaim this fee, as they do not fall under the customer group covered by the ruling (consumers).
Requesting a reimbursement as a current customer:
To request a reimbursement we kindly ask our customers to login to the N26 app and launch a verified live chat in the app or web app.
Requesting a reimbursement as a former customer:
To request a reimbursement we kindly ask our customers to send an email to email@example.com (new tab). For a direct, simple resolution please follow these guidelines:
- Subject of email: “Reimbursement pursuant to BGH XI ZR 26/20”
- Send the email from your registered email address.
- Include your full name in the email as well as an alternative IBAN
- Attach a clear, double-sided photo/scan of one of your ID documents, including the edges.
- Please include your consent to the following: “I hereby agree that N26 Bank is allowed to exchange personal data with me via email.“