Overview
- The Kammergericht Berlin, which issued its judgment on 24 June 2026, found a Lieferando clause that said prepaid tips “cannot be refunded or returned” to be an unfair, one-sided standard term.
- The lawsuit was brought by the Verbraucherzentrale Bundesverband (vzbv) and the court called the clause an “einseitige Vertragsgestaltung” that enforced the company’s interests at customers’ expense.
- Lieferando says it removed the clause and has been automatically refunding tips for cancelled orders since March 2026, but the court ruling is not yet legally final.
- The judgment does not itself create automatic retroactive refunds for tips previously retained; customers must assert individual claims with order details to seek reimbursement.
- Once the ruling is final, continued use of the invalid clause could expose Lieferando to enforcement fines of up to €250,000 or substitute detention and the decision adds to legal pressure on platform contract practices and tipping arrangements.