Issue with Contract Termination for GigaTV

[mohit_singh]

Hello,

My issue is regarding the GigaTV contract termination which I have from Vodafone Kabel which started 10.09.2020.

I already have a Red Internet & Phone 200 Cable contarct since April 2019. To explain my issue, here is a summary of my problem :

• In September we were contacted by people from Vodafoneat our home address  to talk about the GigaTV subscription, we were told that we can upgrade to GigaTV plan at no additional cost and we would then get better service at teh same cost.
• We found the plan interesting and we gave a verbal ok to it, we never signed a contract. We were told by the vodafone representative that upon receiving the contract we hae to SMS on a given number to start the contract.
• Upon receiving the box by mail we decided not to continue the plan and I returned the box with the filled out return form.
• 2 weeks ago I noticed that I had been charged twice, once approx 58 EUR and once 21 EUR.
• I tried calling the helpline, but as I don't speak German I wasn't able to talk to someone about it.
• Finally, I was conected to someone who spoke english after several tries and I was told that my contract is running and I need to cancel it by mail.
• Then, I contacted teh kundenservice by email and einshreiben and asked for termination of this contract and refund for my 2 months of charges.

I have been told in an email to cantact in this forum for help in english, I haven't signed any contract and I find this behaviour very strange on behalf of the people who came to my house, they lied to us about the process and charges.

Can someone help me with this and resolve my issue ?

I want to cancel my contarct and want a refund.

Regards,

Mohit Singh 

[reneromann]

Regular term usually refers to a two year contract period - as stated in the information that you got together with the price sheet and the terms and conditions - all included in the device delivery.

And by the way: If you filled out the form and returned it with the box -as said in your initial statement- then it's something completely different than that you haven't got any information at all. As you cannot fill out any forms if you haven't got them - but if you were filling out forms, then you would have got all the information about the withdrawal process as well as the pricing and terms&conditions. Only one is possible...

And if you got all the information about the withdrawal process but didn't comply, then it's identical as if you didn't withdraw at all.

[mohit_singh]

@reneromann  Let me clear something here, my issue in the first point is that I was lied to when I was told the contract details when I was approaced by Vodafone Representative (I didn't go to them). So, this SPAMMING attitude from Vodafone Kabel is completely unacceptable. Next, I got a broshure from Vodafone in the box and It had no description of this policy it just had a Return Form which I signed and sent back.

And to add to this neither have I signed anything, nor I agreed verbally to this as I wasn't at home when these folks cameby. My partner spoke with the folks. (PS: I'm the contract holder)

And currently I use Google Translate to browse through German Text. I did my research on the docs, at this point I can only assume that my kit missed this information sheet.  This attitude  & practice from Vodafone is quite absurd to me. I also mailed an einshriben to Vodafone the day my contract was about to expire. So I tried my level best and now it seems I'm forced to use a service I don't need/ didn't agree to/and don't use.

[reneromann]

The problem is that this return form that you mention is the withdrawal form. There's one side with the withdrawal information (the HowTo as well as the What Happens if) and the other side with the default form. In case you mailed this back together with the device but didn't notice that you were required to send the form to a completely different address as your understanding of German language is not that good, that's (unfortunately) solely on your side.

Same for the usage of Google translate - you may get the main points, but in case you don't, nobody takes liability for anything you miss. But as sole contractual language is German, it's (unfortunately) only up to you to get the necessary help or (official) translations.

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@mohit_singh  schrieb:

I also mailed an einshriben to Vodafone the day my contract was about to expire.

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That is far too late - your contracts have a notice period for cancellation requests and you are required that your cancellation is received by the other party before that notice period. Usually this period is 3 months, so a cancellation request has to be received by the contractual partner at least 3 months before the end of the contractual term; sending the request only a day before the term ends is far too late - contracts will have automatically extended at that point for another term (usually another year).

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@mohit_singh  schrieb:

So I tried my level best and now it seems I'm forced to use a service I don't need/ didn't agree to/and don't use.

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I'm afraid this is right... Best way would've been for your partner to not let those salesperson enter your flat.

And by the way: These salespersons are NOT employees from Vodafone - they are working on their own in their own franchise and just get a fee for every contract they sell. They may try to sell Vodafone contracts today, but they might also try to sell newspapers or energy contracts or even insurances at another day. If you (or your partner) anyhow verbally agree on a contract proposal with them, they'll forward this proposal to Vodafone, get their fee and you are stuck with the contract in case Vodafone accepts it. Therefor you have been granted the right to withdraw within a 14-day period - but you need to declare your withdrawal to exactly the party that is listed in the withdrawal information.

[mohit_singh]

@reneromann  As much as I appreciate your response on my issue and your general advice. I still don't reward verbal contract (which aren't even made by me). The agent who showed up at my home gave us a Vodafone Employee visiting card and still at this point I stand by my point that this is a fradulent practice. Had I signed into something spurious that wouldn't be the case. I guess my best option now would be to go for a legal route.

[reneromann]

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@mohit_singh  schrieb:

@reneromann  As much as I appreciate your response on my issue and your general advice. I still don't reward verbal contract (which aren't even made by me). The agent who showed up at my home gave us a Vodafone Employee visiting card and still at this point I stand by my point that this is a fradulent practice.

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That might be - but exactly for this situation, you have been given the right to withdraw within that 14 day period in case you don't want the contract anymore after thinking about it.

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@mohit_singh  schrieb:

Had I signed into something spurious that wouldn't be the case. I guess my best option now would be to go for a legal route.

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I doubt this will help - in case you or your partner (in your first post it's "we agreed", then it's "I agreed", now it's "my partner agreed, I wasn't there") agreed verbally or by signing, then there's not much that a lawyer could do. Especially not if you say that you don't understand the language if you agreed upon a contract that sole contractual language is German.

[Stephan]

Hi mohit_singh,

as I already wrote: you got an confirmation for this contract in which all conditions were stated. Since we did not receive a timely revocation of the contract from you, you also accepted the contract as it was. From this point of view, there is no basis for a complaint.

However, as I can see, the customer service has terminated the TV contract today as a gesture of goodwill. It seems to me that the matter is settled.

Regards

Stephan

[mohit_singh]

@Stephan Thanks for the revert. Just to confirm my contact has ended now, right ?

Is there any mail/letter that I need to send further?

Also, Can I assume I won't be further charged for the GigaTV subscription ?

I had already returned the box in the beginning so that matter is already settled. 

I look forward to your feedback. 

Regards,

Mohit

[Stephan]

Hi mohit_singh,

you'll get an confirmation that the contract is cancelled to 13 January.

Only until this day the TV package will be charged or already charged fees after this date will be refunded.

Regards

Stephan