Lieferando must refund pre-paid tips if orders are cancelled, Berlin court rules

The Kammergericht Berlin has ruled that the food delivery service Lieferando cannot fundamentally exclude the refund of pre-paid tips if a restaurant cancels an order. The decision follows a lawsuit filed by the Federation of German Consumer Organisations (VZBV).

The court found that a clause in Lieferando’s terms and conditions, which stated that tips could not be refunded once a customer received confirmation of the tip placement, was invalid. The court characterized this as a unilateral contractual arrangement that attempted to abusively enforce the company’s own interests at the expense of customers.

Consumer advocates argued that since a tip is intended to reward expected service, retaining it when a delivery is cancelled by the restaurant is unjustified. While the ruling is not yet legally binding as an appeal to the Federal Court of Justice is possible, a Lieferando spokesperson stated that the company has already removed the clause from its terms and has been automatically refunding tips for cancellations since March 2026.