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A fee for the earlier cancellation of the contract


Hi! I would like to cancel my O2 mobile contract in the end of December because I am going to leave Germany. I have read the rules of the earlier cancellation, and noticed that you are going to charge me for 3 months. I checked my original contract with O2 if there is something written about this 3-months-fee. And I found NOTHING. I even went to O2 branch and asked the consultant there if he can show me the place in the contract about earlier cancellation. He assured me that it is not written in the contract.

Could you explain me what is the legal basis of O2 to charge me for three months AFTER my contract is finished? And where exactly is it written? Is there some contract that I signed with O2 confirming three months fee? Otherwise, it is completely illegal for O2 to charge me, and I have my rights to refuse paying this fee, and you will still have to cancel my contract.

Thanks.

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Lösung von o2_Andrea 3 Dezember 2020, 15:13

Dear @daria_i ,

 

you have signed a contract with a duration of 24 months This contract must be fulfilled by both parties. We offer you to terminate the contract prematurely if you pay a flat rate of three monthly fees.
You are of course free to pay your contract in full until the end, because you have signed a contract for the duration of the contract. If you don't want to pay these three months in order to terminate your contract prematurely, you are welcome to continue using it until the end of the contract period (please don't forget to terminate it in due time, otherwise it will be automatically extended for another year). The fees will of course continue to apply.
@o2_Manga  has already linked our AGBs above. There you will find the following paragraph:

 

Kind regards,

Andrea

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Hi @daria_i 

welcome to our community. :relaxed:

The day you signed your conctract you agreed to our general terms and conditions. As you took a 24 month contract which renews automatically for another 12 months if it is not cancelled with a period of 3 month notice you have to stick to this until it is terminated properly. An early cancellation is not scheduled at all. But we are willing you to assist in this matter by charging the three basic fees in advance as a gesture of goodwill. You could waive this penalty by trying to find someone who takes over your contract or you cancel the contract to the regular ending. Up to this date you will have to pay the monthly fee as you used to do. 

Especially DSL contracts are likely taken over by the subsequent tennant because it causes no waiting period. 

 

If there is a uncertain future in your life planning we offer contracts with a monthly cancellation period. On the one hand they are a little bit more expensive in the beginning because they don’t offer special discounts. On the other hand you get the maximum flexibility to get out of this contract. 

 

If you are in need of more information please go AGB

 

Greetings

Hi @o2_Manga ,

 

Thank you for the information. I have read the company rules and contract and still did not find anything about a fee for three months. But my German is not so good. Could you be so kind to show me the exact place in the company rules? Otherwise, “gesture of goodwill” is still not a legal reason to charge somebody with a money after they cancelled the contract. 

 

Best,

Daria

Benutzerebene 7

Dear @daria_i ,

 

you have signed a contract with a duration of 24 months This contract must be fulfilled by both parties. We offer you to terminate the contract prematurely if you pay a flat rate of three monthly fees.
You are of course free to pay your contract in full until the end, because you have signed a contract for the duration of the contract. If you don't want to pay these three months in order to terminate your contract prematurely, you are welcome to continue using it until the end of the contract period (please don't forget to terminate it in due time, otherwise it will be automatically extended for another year). The fees will of course continue to apply.
@o2_Manga  has already linked our AGBs above. There you will find the following paragraph:

 

Kind regards,

Andrea

Benutzerebene 7
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There doesn't actually have to be a legal basis in this case because the early termination itself is a gesture of goodwill and o2 is therefore logically entitled to make this subject to any conditions it sees fit. The three months are in fact in line with the statutory provisions for DSL contracts, for which - in contrast to mobile contracts that can be used anywhere in the world - there is a statutory right to early termination if the customer leaves the country permanently.

There is nothing illegal about it at all. o2 could simply refuse your request for early termination altogether and then you would have to pay until the end of the agreed contract term.

Don't forget to send in your deregistration certificate from Germany and proof of permanent residence abroad with your request.

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