Lieferando prohibited from withholding tips on canceled orders

The Kammergericht Berlin has ruled against the food delivery service Lieferando regarding its policy on prepaid tips. The court found that a clause in the company’s terms and conditions, which prevented customers from receiving refunds on tips even if an order was canceled, was invalid.

The legal action was initiated by the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband), which argued that customers should not be forced to pay for a delivery service that never occurs. The court agreed, stating that the clause unfairly disadvantaged consumers by excluding the possibility of a refund even when a restaurant cancels an order.

While the ruling prevents Lieferando from using this clause in the future, it does not mandate an automatic refund for customers who have already lost tips on previous canceled orders. Once the decision becomes legally binding, the company will no longer be permitted to withhold prepaid tips for failed deliveries.