According to the Commercial Court, this required approval of the terms of use or changes to them, but their content is unclear. According to the court, the links provided there were not clearly defined or self-explanatory, so it was doubtful which link might be used to access the changed terms of use at all. The clause is therefore not transparent for this reason alone. “In the event of a planned change to general terms and conditions, the entrepreneur must disclose what exactly is to be changed,” says Dr. Beate Gelbmann, head of the complaints department at the VKI. “Furthermore, according to the clause in question, it was not clear what the consequences of non-approval would be.”
