When does MIT announce early measures?
Contract duration / contract termination
Check the contract duration
In the telecommunications sector, contracts are often concluded with a minimum contract duration. This means that the customer is usually bound to the contract for 12 or 24 months and can only properly terminate it at the end of the contract period, taking into account the notice period. The corresponding notice period is regulated in the contracts and / or general terms and conditions (GTC). If the contract is not terminated in due time, it is usually extended by the original contract duration of 12 or 24 months.
Find out in good time about the time of the ordinary end of the contract or the end of the applicable notice period so that the contractual relationship can be terminated without incurring costs or unwanted contract extensions.
The termination should usually be made in writing and by registered mail. In the event of a dispute with the telecommunications service provider, this can be used to provide evidence of the time of termination. Some providers only accept verbal terminations (telephone, chat).
The telecommunications service provider can also terminate the contract
It can happen that the telecommunications service provider terminates the contract prematurely and charges a termination fee.
A contract can be terminated prematurely if there is an important reason for the immediate termination of the contract. What exactly constitutes an important reason is listed in the terms and conditions of the telecommunications service providers. If there is no good cause, the telecommunications service provider may only properly terminate the contract at the end of the contract.
An early termination has consequences
If one of the parties terminates the contract prematurely, the telecommunications service provider can charge a termination fee. By charging such fees, the telecommunications service provider primarily creates financial compensation for lost subscription fees, for the purchase of discounted devices by the customer or as payment for the administrative effort. The cancellation fee includes either a flat-rate compensation fee or the basic subscription fee until the regular end of the contract.
In the opinion of the ombudsman, a flat-rate termination fee should be calculated pro rata temporis, i.e. taking into account the term of the contract that has already been adhered to or the remaining term.
A termination for an important reason should only be given by the telecommunications provider as a last resort, i.e. as a last possible measure, otherwise the principle of proportionality is violated. If a customer is in arrears with the payment of a claim, the usual dunning process (collection of dunning fees, blocking of the telephone connection, sale of the claim to debt collection agencies) should generally be used first.
Be careful with shared telephone and Internet connections
If two parties share a telephone and internet connection, the rules of simple society apply. This means that if one party fails to meet its obligations, the other party will be held responsible. There is thus a solidarity and personal liability towards the telecommunications service provider. It is therefore advisable to a contracting party that consists of several members to inform themselves in advance about the consequences under liability law and, if necessary, to only issue the contract to the person who will be responsible for the costs. This has the further advantage that the person does not have to rely on the consent of the other party if the contractual relationship with the telecommunications service provider is to be terminated or changed.
If the resulting invoice amounts are settled by direct debit (LSV), the right to automatic debiting only expires if the customer makes use of his / her right of revocation. This is to be sent to the telecommunications service provider and not to the bank. It is required of the telecommunications service provider that he or the direct debit. immediately revokes the power of attorney to debit. The right of withdrawal is a mandatory right that does not allow any exceptions. If you have problems revoking the direct debit, you can contact your bank, as they can end the order directly if necessary.
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