Sonderkündigung and Deutsche Telekom

Hi there,

am in a spot of bother over Deutsche Telekom...who isn't I hear you say. Well I wrote to them by registered post at end of July 2008 saying we had to go home and I was canceling my contract by way of Sonderkündigung. Btw we only found out recently it was a two year contract as we had specifically asked for a one year contract when signing up and did not know or understand that it was a 2 year contract. I was an Erasmus student spending one year in Germany, so we were never looking for a two year contract and were quite clear. But have nothing in writing.

So I get a letter back from them in mid August saying they haven't received our De-registration from the Rathaus. So on the last day the nice lady at the Rathaus gives me a copy for DT and I post it to them with another letter, asking for cancellation at the end of August. Optimistic I know but anyway. So I eventually get a standard letter stating that they are sorry we are canceling and they have fixed a date for 18 /09/09!!! Now being thick, I never noticed that it was 2009, my eyes saw 2008 as that was what I expected. So I rang them today and was told to ring someone else in Bonn as the girl knew nothing about Sonderkündigung.

I don't know much myself so before I contact DT in Bonn I would like to find out what would be best to do. Here is the law in question ...

§ 314 Kündigung von Dauerschuldverhältnissen aus wichtigem Grund
(1) 1Dauerschuldverhältnisse kann jeder Vertragsteil aus wichtigem Grund ohne Einhaltung einer Kündigungsfrist kündigen. 2Ein wichtiger Grund liegt vor, wenn dem kündigenden Teil unter Berücksichtigung aller Umstände des Einzelfalls und unter Abwägung der beiderseitigen Interessen die Fortsetzung des Vertragsverhältnisses bis zur vereinbarten Beendigung oder bis zum Ablauf einer Kündigungsfrist nicht zugemutet werden kann.
(2) 1Besteht der wichtige Grund in der Verletzung einer Pflicht aus dem Vertrag, ist die Kündigung erst nach erfolglosem Ablauf einer zur Abhilfe bestimmten Frist oder nach erfolgloser Abmahnung zulässig. 2§ 323 Abs. 2 findet entsprechende Anwendung.
(3) Der Berechtigte kann nur innerhalb einer angemessenen Frist kündigen, nachdem er vom Kündigungsgrund Kenntnis erlangt hat.
(4) Die Berechtigung, Schadensersatz zu verlangen, wird durch die Kündigung nicht ausgeschlossen.

So I was thinking if I write yet again and send them a copy of this law with my letter and ask them to cancel again, might that get the message across? Failing that can I just shut my bank account?

Would appreciate some advice on this. It is really a nightmare trying to cancel contracts in Germany, would put me off coming back!

cheers, turas

Shutting your bank account won't work. The contract remains valid, you'll build up a debt and they'll get a court order against you. No big problem if you are not in Germany, but they would be entitled to chase you (across Europe) for it, and you'd have problems if you ever came back to Germany.

Your approach is correct and valid as is your interpretation of the law. The contract is quite simply no longer enforceable as you've permanently left the country and their service does not extend to foreign parts. While many companies might (wrongly, in my opinion) dispute this, Telekom do not. Send them copies of your Abmeldung, evidence of your new non-German address and, if you have one, a work contract. That should be more than enough to obtain almost instant cancellation. If you have evidence of posting it (always send registered/"Einschreiben") refer to your previous letter - they should backdate the cancellation, as they have clearly overlooked your valid reasons for cancellation.

Thanks for the reply Yorkshirelad. We may return to Germany someday so I don't want to have a bad credit rating. It's better to leave with a clean slate. I will do as you say and send proof of my return to Ireland by registered post. I knew this would be the hardest utility to cancel so it's not such a huge shock! Thanks for the solid advice.

cheers turas