Contract termination

[dlstudent]

Hello,

  I've finished my studies and would like to cancel my Internet and TV contract. I have written to Vodafone to cancel my contract with 3 months notice but I received a letter saying that it will be cancelled on the original date as was in the contract. This date is on May-2020.

My request is simple: Since I will be moving to another country by April this year, I would like to cancel my contract in the next 3 months (notice given on 3.1.2019) according to the law that you mentioned. Why is this not understandable to the folks at Vodafone?

I cannot provide de-registration now since I will only de-register by April, when I leave. As a proof I have already given a copy of my residence card.

Can someone help me with the termination?

[reneromann · Accepted solution]

Very simple: The 3 months period starts with the day you move out of Germany and not earlier.

So you'll have to pay for at least April, May and June if you leave end of March.

And in order for the cancellation to be processed according to the telecommunications law, it's necessary that you provide proof of movement/deregistration.

Therefor you now got a letter that your contract is cancelled to the regular date as long as you do not provide further proof for a premature cancellation (in form of the deregistration paper). After sending the deregistration paper, your cancellation will be transformed into a premature one and the 3-months-period will start accordingly from the date that you left/deregistered Germany.

[dlstudent]

They say this is according to telecommunication law but it's super weird one. Why would someone be forced to pay money even after leaving the country, although they never use the services?

As a customer, one should be able to cancel contracts whenever he/she don't need it.

Also, these things are not mentioned explicitly when someone makes the contract.

[reneromann]

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@dlstudent  schrieb:
They say this is according to telecommunication law but it's super weird one. Why would someone be forced to pay money even after leaving the country, although they never use the services?

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You can be happy that there is such a regulation within the Telecommunications law that allows you to prematurely cancel the contract with that 3 months period.

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@dlstudent  schrieb:
As a customer, one should be able to cancel contracts whenever he/she don't need it.

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You opted for a contract with a minimal contractual term of 24 months, so both - you and Vodafone - have to fullfill this contract during this minimal contractual term. That is what you agreed on by making the contract!

And there have been lawsuits for if the customer has to pay for the whole rest of his contract if he moves - and courts have agreed on that. Therefor the special rule within the telecommunications law was added in order to let the customer prematurely cancel the contract instead of having to pay for the whole rest of the agreed contractual term - but with respect to the contractual partner - that 3 months payment.

You could've easily asked for a contract with a shorter contractual term - that would've mostly been more expensive. But you get what you signed for - you wanted the cheaper price and got the 24 months period.

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@dlstudent  schrieb:
Also, these things are not mentioned explicitly when someone makes the contract.

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These things have not ot be mentioned explicitly in the contract as this is general rule that applies to all telecommunications contracts. So there is no need to explicitly add them to the contract as this rule always applies. That's the same that not all rules from the German civil code are explicitly mentioned in the contract - but they still apply on it. The contract only "adds" special parts to the "general" ruleset (civil code, telecommunications law and so on) and states what especially is agreed on (e.g. price and what to expect for).