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Frage

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Antwort

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Lösung

Cancel the contract due to move to different City
Manjari
Smart-Analyzer
Smart-Analyzer

Hello Team,

 

I have a Vodafone internet contract which got renewed after 2 years in March 2023. I have moved to another city from 1st November and therefore would like to cancel the contract as soon as possible. When I send a cancellation it is saying to cancel in 2025 which is not good for me as I won't be using the internet.

Could you please help me in cancelling the contract.

5 Antworten 5
reneromann
SuperUser
SuperUser

There is no right to cancel a contract just because you move. If the contract can be fullfilled at the new location, the contract will move - keeping all of the contractual details including any minimum term.

Manjari
Smart-Analyzer
Smart-Analyzer

Thank you for the response.

But this is completely injustice, if I am not using the services and also I am willing to return the stuffs, why I need to pay for this.

Could you please provide me a way so that I can stop this payment


@Manjari  schrieb:

But this is completely injustice [...]


No, it is not. In accordance with the German Civil Code (BGB), contracts have to be fullfilled as they were closed ("pacta sunt servanda", see especially § 241 BGB and § 242 BGB) -- meaning that you have to pay for the minimum contractual term and are bound to the contract at least for this time (meaning until 2025 given from your initial posting), no matter if you are using the service or not.

 

The only exception would be in accorance with §60 telecommunications act (TKG), which allows a premature cancellation after a move but only if the contractual agreed service cannot be provided at the new location. Anyhow it does NOT matter if there is already another service in place that you are paying for (e.g. included in the rent) -- it is just important if the contractual service can be provided or not.

 


@Manjari  schrieb:

[...] if I am not using the services and also I am willing to return the stuffs, why I need to pay for this.


It is completely up to you if you use the services or return rental devices prematurely -- it does not chance anything on the contract and thus you are, even if you would not use the services and/or had returned the devices, still contractually required to pay for at least the reminder of the minimum contractual term.

 


@Manjari  schrieb:

Could you please provide me a way so that I can stop this payment


There is none -- you opted for a 24 months contract, thus you are bound to it -- it does not matter if you need it anymore or not.

@reneromann - I opted for 24 months contract because while opting it was not clear that I will move from the city.  And this is already mentioned before that I have moved in November 2023, how this is not possible to cancel the contract, I don't get it. I have City registration altogether in an another city.

@Manjari In accordance with the German civil code, you are bound to the contract for 24 months, no matter if you move to another city or not. The German civil code does NOT provide you with a premature cancellation right for the case that you are moving (as the move is only on your responsibility).

And the telecommunications act as special law only grants you a premature cancellation right if your contract cannot be fullfilled at the new location - the telecommunications act does anyhow NOT include a right for a premature cancellation in case you don't need the contract anymore but it can be fullfilled.

 

So in short: There is no cancellation right just because you move - you would only have that right if the contractually agreed service cannot be fullfilled at the new location.