> "if it's in the AGB (terms of service) good luck arguing/defending"

It might be hard to argue without suing, but legally there are provisions that if the AGB contain “surprising” terms, you have to be made specifically aware of them or they are invalid. There is currently a high-stakes case building because of this: Some of the epidemics insurances for restaurants had a provision that “pandemics” are excluded and won’t pay out for COVID-19, now restaurants are suing.

https://www.srf.ch/news/schweiz/epidemie-versicherer-kein-ge...