In its ruling of 27 April 2021, the German Federal Court of Justice (BGH) ruled that clauses in general terms and conditions ("GTC") may be invalid if they simulate the customer's consent to changes in the GTC in the absence of an objection within a certain period of time. Solaris also used a corresponding clause in its GTC.
Since the publication of the ruling, Solaris will only make material changes to the contract, which include changes to our list of prices and services, with your express consent. For this purpose, Solaris will send you a notification of the planned change and its background via cooperation partners. You have the option of accepting or rejecting this change. In the absence of a response within two months, Solaris must assume that you are not actively using the account and will restrict your access to Online Banking until you have provided a response.
Another consequence of the ruling is that bank customers can reclaim the overcharges they have paid on the basis of unlawful increases. These can be, for example, account management fees or other fees for payment services. The refund obligation applies to all claims for refund that are not yet time-barred.
Please note that Solaris has only introduced or increased isolated fees by means of an amendment to the GTC during the relevant period. If you are of the opinion that a fee adjustment should have been inadmissible, please contact Solaris’ Customer Support via e-mail to support@solarisgroup.com.