Because the provider of an online coaching service lacks the required accreditation under the Distance Learning Protection Act (FernUSG), the contract for such coaching is invalid. The plaintiff therefore does not have to pay the requested fee of €7,140, the Higher Regional Court of Oldenburg ruled in its judgment of December 17, 2024.
According to Section 12 of the German Distance Learning Act (FernUSG), distance learning courses require accreditation. With online coaching, the question often arises whether the contracts fall under the FernUSG. According to Section 1 of the FernUSG, this is the case if knowledge and skills are imparted for a fee, the instructor and the learner are predominantly geographically separated, and the learning progress is monitored. ” The Higher Regional Court of Oldenburg considered these criteria to be met ,” says attorney István Cocron.
In the underlying case, the plaintiff had entered into a contract for online coaching intended to teach the fundamentals of e-commerce. Participants were to acquire various skills and knowledge through the provision of videos and three weekly online meetings, so-called “coaching calls.” In return, they paid a fee for the coaching.
Lawyer Cocron: “ This fulfilled the first criterion for a distance learning course, namely the paid provision of knowledge and skills. ”
The Higher Regional Court (OLG) also found the requirement of spatial separation to be met. According to the wording of the law, the primary requirement is that the instructor and the learner are in separate rooms. The court ruled that this was clearly the case with the online coaching offered. The fact that the law was not enacted in 1975 with the possibility of online teaching in mind, or that participants in online conferences are “virtually” in the same room, did not alter this conclusion. The OLG Oldenburg explained that, despite the law being amended several times, most recently in August 2021, the legislature had maintained the requirement of spatial separation and had not adapted it to technological advancements. Furthermore, the online coaching also utilizes videos that participants can view at a later time. This, too, fulfills the requirement of spatial separation.
Furthermore, the online coaching also includes monitoring of learning progress. According to the Federal Court of Justice (BGH), oral monitoring during accompanying live instruction through question and answer sessions is sufficient for this purpose. The court stated that, according to the coaching contract in question, monitoring of learning progress is ensured, among other things, through a final question-and-answer session. Moreover, participants are only to receive a certificate of completion after “successful coaching.”
Since the necessary requirements were met, the contract fell under the Distance Selling Act (FernUSG). However, because the provider lacked the required license, the contract was invalid, the Higher Regional Court ruled. It was irrelevant that the plaintiff was considered a business owner, as the FernUSG protects not only consumers but also businesses.
” The ruling shows that there are ways to withdraw from an online coaching contract. This can also be possible if the contract is unconscionable because the service provided and the consideration are grossly disproportionate, ” said lawyer Cocron.
More information: https://ra-cocron.de/fallkreise/online-coaching-widerruf/
