Confused cancellation moving

[wintercounter]

I canceled my contract due to moving and Vodafone is not able to provide at the new place. I did the cancellation on 12 May, they asked on the phone when is the moving out, I told 1 July. They said no problem. Now I logged in to check why I still have internet, and I noticed the end of contract date is 29.09,  basically more than 4.5 months from the time of notifying.

I'm really confused by this, I'm about to take the equipment tomorrow to Vodafone but I'll still need to pay for a service I cannot use and notified in time...

TLDR; I don't want to pay from July.

[reneromann]

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@wintercounter  schrieb:

TLDR; I don't want to pay from July.

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TLDR: You have to pay until end of September in accordance with §46 (8) TKG.

The 3 months notice period in case of moving to an address without the agreed services starts by the date that the movement is announced to Vodafone but not before the actual move -- so in your case not before July 1st. And July 1st + 3 Months is 30.09. ...

[wintercounter]

"Without the agreed service"

I cannot take any service, since Vodafone doesn't provide there at all. It's not up me... I took a CallYa Black service temporarily until I'll have a provider available. It's 80EUR per month, can the be accounted into this?

[wintercounter]

I checked https://www.gesetze-im-internet.de/tkg_2004/__46.html

Using Google Translate:

"If the service is not offered at the new place of residence, the consumer is entitled to terminate the contract with a notice period of three months to the end of a calendar month."

It doesn't say it's counted from the date of my move. I announced my cancellation on 12 May, I want my contract to end at the end of August!

[reneromann]

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@wintercounter  schrieb:

It doesn't say it's counted from the date of my move. I announced my cancellation on 12 May, I want my contract to end at the end of August!

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There have been independent rulings by two high courts (Oberlandesgerichte München and Düsseldorf) about this and both agreed independently that the period starts the earliest with the date of the move - so in your case with the 1st of July.

And no, a CallYa Black does NOT count - as it's a mobile service and not bound to any specific address whereas landlines are bound to a specific address.