(English) Contract cancellation due to leaving Germany

[AlmirJunior]

Dear Sir or Madam,

I'm leaving Germany on 31th of May.
I would like to terminate my mobile phone contract with you. Unfortunately, my internship contract will not be renewed and my visa expires. So I'm leaving back to Brazil definitely at the end of May (31).

I've already fill in the Kontaktformular (where I had attached the Abmeldung, the confirmation of termination of employment, the expiring visa and my flight to Brazil) and also I have two conversations by email ID: [8711451002] and ID: 8701810002

When I had bought these mobile phone contract, I asked several times to the sales representatives regarding the termination before end of the contract and he push on me to sell the contract and told me if I will need to cancel I just need to send the Abmeldung and explaing the situation and pay 3 months after the day I sent the request, which is exactly what I did.

In addition, the German law: 

Im Telekommunikationsgesetz (TKG) heißt es in § 46 VIII:

„Verbraucher sind zur Kündigung des Vertrages unter Einhaltung einer Kündigungsfrist von drei Monaten zum Ende des Kalendermonats berechtigt, wenn die Leistung am neuen Wohnsitz nicht angeboten wird.“

I've already explained the situation on these two ID's (email)

I hope someone here could kindly help me to care about this, because by these email, the just use German and maybe it makes the undestanding dificutlty.

Thanks in advance!

Almir

[Gelöschter User]

Hi @AlmirJunior Vodafone says: You can use your mobil in Brazil.

[AlmirJunior]

Hi El_Cid

The offers abroad are completely different and expensive (3x more expensive). The price conditions change completely.

thanks!

[reneromann]

@AlmirJunior

The prices may differ, but they are as contractually agreed (as you agreed on these roaming prices if you are in Brazil).

Fact is: You CAN use your mobile contract in Brazil (even for higher prices) - so §46 No. 8 TKG is not valid here as it states that the provider has to be unable to provide the same service at your new location. But Vodafone is able to provide you the same service in Brazil (even if that means that you have to use roaming - and in so far that you have to pay higher prices)...

And by the way:

The prices differ in no way - you pay the same prices in Brazil if you moved there that you'd have to pay there if not moving to Brazil (but only going there on vacation).

[AlmirJunior]

Thanks reneromann for your attention

But no, it's contractually total different thant my plan here.

They sent me the options to use in Brazil and the price, packages, calls, SMS, MMS, etc is totally different and more expensive than here (3x at least more). So, the fact is, I'm moving back to Brazil permanently and I proved this with the Abmeldung and the thermination of my job contract here. The VODAFONE sales representative told me that I can extraordinary finished the contract in this case and in addition, some other cases that I saw in this forum. Regarding the law I have to pay the next 3 months and I totally agree with this. I just wanna someone from Vodafone to finish this issue soon. 

[reneromann]

@AlmirJunior

There is no premature termination of mobile contracts by law!

As I already stated, the law can only be applied if the service is not available at all - but Vodafone can provide you the service from the contract that you agreed - for the prices that you also agreed [as the Roaming fees do not change if you move abroad].

And yes, the roaming prices are much higher than the prices in Germany - but that's not part of the law.

Vodafone is able to provide you the service at your new address in the same quality as agreed - so there is no right to premature end the contract. That using the contract abroad means paying roaming fees is nothing that enables you to prematurely end the contract - as it is only in YOUR responsibility that YOU left Germany and that YOU can now not use the "cheaper" prices inside Germany but have to pay the much higher roaming prices.

It's up to you if you use the contract (and have to pay the roaming fees additionaly to the montly fare) or if you decide not to use the contract (and in so far only pay the monthly fare). Vodafone has not changed any of the contracts conditions (neither the monthly fare nor the included services nor the prices for "extra" services like roaming) and is able to serve you with the agreed contractual conditions even at Brazil (where you are not able to use some or all of the included services and have to pay for the "extra" services like roaming).

By the way:

Most Vodafone stores are only Franchises - so all the people there might sell contracts to you on behalf of Vodafone, but they are not legitimated to give you any kind of answer that is legally binding for Vodafone. So in short: The sales representative could tell you anything but Vodafone is not bound to any of his statements at all...

And the other thing: Most of the cases that are dealt here in the Forum are cases where a LANDLINE is closed - and not about MOBILE contracts!