Can I cancel a Unitymedia contract?

26 posts in this topic

Hi all,

 

unable find info in search

 

i am having a 1.5 year old unitymedia contract and now i am shifting to a new apartment

 

new aprtment already has an unitymedia connection

 

am i eligible to cancel my present contract even though my contract is not ending now

 

if possible, is it a tideous process or an established and accepted reason for cencellation?

 

Thanks

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I think you'd be hard pushed, since Unitymedia would be able to fulfill their contractual obligation of providing you with a DSL (or telephone or whatever) service in your new apartment.

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You can find general conditions of service here

 

The opportunity to cancel depends on the services you have and the contract you signed, but most are minimum 24 months. Moving house is not good reason to cancel even if there is already an existing connection there.

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even if they want to give some kind of service in my new aprtment, the existing internet connection in the new aprtment is also unitymedia and no other socket is available for second connection

 

i signed the contract for 12 months and i think its extended for 12 more months after the intital 12 months

 

:( what will i do with 2 contracts and also i will be paying for 2 contracts without using them if i can't cancel one :9

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Here's an off-the-wall idea - why not call them and ask them?

 

Basically, I'm sure they'll say it's not their problem, but they might have an acceptable solution (maybe a cancellation charge to escape the original contract). But otherwise, yes - you will have (and pay for) 2 contracts and only be able to use one. I suggest you submit the original one for cancellation as soon as possible, so you don't forget when it next comes due. Otherwise you will have 2 contracts for another 12 months.

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Here's an off-the-wall idea - why not call them and ask them?

 

Basically, I'm sure they'll say it's not their problem,

 

 

not necessarily. I know Telekom let's you out, if you move into an apartment already containing a phone line.

 

EDIT: Added the part of the quote to which I was responding

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Sorry, but that's simply not true.

 

Moving home IS a good reason to cancel your contract, IF they are no longer able to provide the service. This is known as a 'sonderkündigung'. This is however only possible Unitymedia is not able to provide you with the service due to technical reasons. In your case however, you have already confirmed that there is already a Unitymedia service available. Therefore, you would be obliged to continue your contract in your new apartment.

 

And, there is NO charge (to cancel).

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You didn't read the posting. There is already a connection in the new apartment, so if he moves his connection there (as I agree he is perfectly entitled to) then he would have two, and there are no grounds for cancelling the second. Further (but not relevant here), even if they are no longer able to provide the service, this does not necessarilly count as grounds for a Sonderkündigung

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Ahh you're right, sorry, I misunderstood what he meant.

 

With respect to the sonderkündigung; I have read their AGBs and I phoned them as well, just to be sure. You can cancel the contract if they are unable to continue providing you with the service. In any case, it's simple contract law. If UM are unable to provide the service, then they are not fulfilling their contractual obligations and the contract can be set aside.

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It's up to them to decide if moving to a location where they cannot provide a service is grounds for Sonderkündigung - this is not a legal obligation, and they could just as easily say no as they could say yes.

 

This was confirmed recently by the Bundesgerichtshof (Az. III ZR 57/10)

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So, you're suggesting that Unitymedia would still have the right to charge you for a service that they are unable to provide, if they so desired?

 

Sorry YorkshireLad6, but you're spouting utter nonsense.

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I think calling them is a good idea. Maybe it is no problem at all. You pay for the service, and if you want to keep it they just have to switch the connection-numbers. I've moved with my netcologne-contract twice. It was never a problem, since I wanted to keep them as DSL-provider. So why not ask first? Do you know who is moving into your old apartment? Have you asked the next tenant if he wants to keep it?

http://www.onlinekosten.de/news/artikel/35618/1/Ratgeber-Mit-dem-Kabelanschluss-umziehen

As far as I can see it there is no problem.

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No, once again YorkshireLad6, you are still, not quite correct.

 

This case refers to an incident where a party to the contract moved to an area that had not yet been equipped with DSL telephone lines.

 

(have you actually read what you've posted?)

 

However, you have failed to consider the possibility that UM may not have secured a contract with the grundvorsorger (Telekom) in every single part of Germany. I believe a customer would then be entitled to cancel the contract under section 626.

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Unitymedia use their own cabling infrastructure and don't piggyback onto anyone else's which is why they are only available in larger urban areas. There are many areas where they simply cannot provide a service. Were an existing Unitymedia customer move to one, stupid though it may seem the BGH decision confirms that this is not a right for Sonderkündigung.

 

The case refers to a 1&1 customer who moved to an area not covered by 1&1 and tried to cancel. 1&1 refused to accept the cancellation or that moving was grounds to cancel, even if they could not provide service in his new home. Both the Montabaur Amtsgericht and the Koblenz Landgericht initially upheld their right to refuse as subsequently did the BGH despite his protestations. Their opinion was that the provider builds his business model based on the income from the minimum contract and the customer must accept the risk in signing up that if his personal circumstances change then he may have to pay to get himself out of the contract.

 

This is not to say Uniitymedia would refuse, but they could do, or (as many providers now specifically write into their contracts) levy a penalty for early cancellation. Other court decisions have indicated that any penalty must be justifiable and in proportion to costs involved in the early loss of the customer.

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It is the decision YorkshireLad6 mentioned. There is a nice explanation here on TT itself

 

http://www.toytowngermany.com/forum/index.php?showtopic=153250&view=findpost&p=2210215

 

I guess what it comes down to is whether UM can be expected to call off the profit from your

contract as it is already servicing your new home. Hmmm...But it would loose out because there is no extra gain.

Anyway, why don´t you just insist on goodwill...It´s the same company after all!

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called up Unitymedia and luckily got connected to a nice English speaking lady

 

she suggested to write a letter to unitymedia and the person who reads it may be nice enough to approve the cancellation or suggest an alternative

 

she also gave me back 75 euros which unitymedia has to give me as they initially promised 3 months free contract but charged me from first date

 

will write a letter to them tomorrow and see what happens

 

Thanks all

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ok so this is a old thread i hope there are still some active people here...

my names Will and this is my story DONG DONG... heres the deal. I live in Germany and in October 2013 my wife and i moved to a new place the house we were in was hers from when i met her and she had unity media internet... before we moved she had tried to cancel the contract because the new house was in an area where unity media didnt cover so that meant we needed to find a new internet provider.. we had some troubles at first but when we didnt receive any letters or phone calls from them we assumed all was good and finished and finalised with the account UNTIL TODAY 12.08.2016 we received one of the dreaded yellow envelopes in the post its a letter from the courts on behalf of unity media... there are about 8 months worth of payments that they have charged my wife for long after we had moved plus almost 2 years of court costs and everything else they think they can find a reason to charge us for.... so just over 3 years later they are wanting almost 900 euro from us... im not really sure what i would like to know from anyone here maybe if someone has been through this before how did you fix it, does the fact that they couldnt provide the service in another location count for the cancellation of the contract, do i need to speak with a lawyer, and why over 3 years later is this the first we hear of this

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Will, you said she tried to cancel the contract when you moved, what happened with that? Why wasn't she successful at canceling the contract?  Contracts in Germany are binding unless you cancel them according to the contractual agreement. I don't think not hearing from them is justification to assume you don't still have a contractual agreement. Did you give Unitymedia your new address?

 

The fact that they couldn't provide the service in your new location doesn't absolve you from the responsibility of the contract you signed as that contract was for a completely different location.

 

Say for instance, if they did have service at your new location where you moved you would have gotten a new contract for that location. 

 

Where you were living before was Unity Media being used by the new tenant in your name since you didn't cancel the contract?

 

Have you tried calling Unity Media to see if they can assist you with resolving this or at least asking why have you receive such a steep bill that you don't believe you owe? Is there a possibility of mediation with them. If you get a lawyer involved it's going to cost lawyer fees and perhaps still have to pay Unitymedia.

 

Why don't you consider first trying to give Unitymedia a call to try to resolve this without a lawyer.  

 

Good luck.

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