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I had an existing O2 contract that ended on 19th November 2024. To renew or explore better options, I visited the O2 flagship store at Spitalerstraße 22-26, 20095 Hamburg on the same day with my wife. During our visit, we spoke with Mr. X, a representative at the store, regarding available options.

I explained to Mr. X that I was open to renewing my existing contract if no better options were available, but I wanted to explore any improved offers first. Following our discussion, I signed a renewal of my existing contract. Shortly after signing (within 3 minutes), Mr. X mentioned another option, a 100GB plan for €25 per month.

I explicitly asked if this new plan would include all features of my existing contract, particularly the multi-card option. Mr. X assured me it would. However, after confirming the details with the O2 customer hotline the following day, I learned that the multi-card feature was not included in this new plan, I have to pay 5 euros for every card. I informed Mr. X that I would prefer to switch to the new contract. I was under the impression that he would cancel the renewal of old contract that I had signed just minutes earlier and activate the new 100GB plan instead.

However, to my surprise, I later received an email confirming that I now had two active contracts. Immediately upon discovering this, I contacted O2’s hotline, where I was informed that cancellations must be handled directly at the store where the contract was signed.

Since then, I have visited the store three times (most recently on 27th November 2024) to resolve the matter, but my request to cancel the contract has been refused. The store manager acknowledged the situation but stated that because Mr. X explained the terms before I signed, they are not obligated to honor the §355 BGB (German Civil Code) right of withdrawal. At the end, they told me to transfer the ownership of the contract to my wife, which I believe they have no rights to say. I want to add that I also had three conversation with o2 hotline, and everytime, they were saying they can not cancel the contract and it has to be from the store, and it shouldn’t be a problem as it is within 14 days.

I strongly believe this situation reflects bad faith business practices, as the store did not adequately address my intentions or ensure clarity regarding the contracts. Moreover, it makes no logical sense for me to hold two separate contracts as my previous one already included 40GB of data for €23 per month, while the new one offers 100GB for €25 per month. Clearly, my intention was to choose the better contract, not to maintain both.

I request that O2 honor the 14-day cancellation policy as stipulated by German law and cancel the additional contract immediately. Thank you for your understanding and assistance. I look forward to your prompt response.

 

Moin Moin,

a contract sign in a store has no 14 days cancel time. The 14 days cancel time is only for online, telephone or home door contracts.

You must therefore fulfill the contracts that you signed in the store if the store does not cancel the contracts. A cancellation would be a goodwill gesture, you have no right to withdraw the contracts.

§355 BGB will not fit:

https://www.bmj.de/DE/themen/kaufen_reisen_wohnen/konsum/widerruf/widerruf_node.html#:~:text=Als%20Verbraucherin%20oder%20Verbraucher%20müssen,die%20Widerrufserklärung%20schriftlich%20zu%20verfassen.

In welchen Fällen gibt es ein Widerrufsrecht?

Das Gesetz schützt Sie beim Abschluss von Verträgen im Fernabsatz und außerhalb von Geschäftsräumen. Bei Fernabsatzverträgen (etwa bei einem Vertragsschluss über das Internet oder Telefon) können Sie - anders als in einem Ladengeschäft - die Ware vor Vertragsschluss nicht direkt anschauen, in die Hand nehmen und ggf.testen. Bei Vertragsabschlüssen außerhalb eines Ladengeschäfts (etwa an Ihrer Haustür oder auf der Straße) besteht die Gefahr, überrumpelt zu werden und sich zu einem Vertragsabschluss bewegen zu lassen, den Sie später bereuen. Vor diesen Gefahren möchte Sie der Gesetzgeber schützen. Ein Aspekt ist hierbei das Widerrufsrecht.

In which cases is there a right of withdrawal?

The law protects you when concluding contracts at a distance and outside of business premises. With distance contracts (for example, when concluding a contract over the Internet or telephone), you cannot - unlike in a store - look at the goods directly before concluding the contract, hold them in your hand and possibly test them. When concluding contracts outside of a store (for example at your front door or on the street), there is a risk of being taken by surprise and being persuaded to conclude a contract that you later regret. The law wants to protect you from these dangers. One aspect of this is the right of withdrawal.

Moin Moin,

Yes, I got that now, but clearly they mislead me at the first place. I’ll honor the 2 year contract if I have to, but if you say, they were fair, then I have nothing to say. I’m a foreigner here, so it is obvious I will not know this subtle difference. 

I’ll really appreciate if you also focus on the misleading issue along with the fact that stores doesn’t have to abide that law. 

Thanks schluej

Read the contract before you sign or better do it only online,

What you could do is to ask the Verbraucherzentrale to help you.

But normally there is no chance to cancel. And no it is not fair…

Hello ​@ha19,

welcome to our o2 Community 😀

I regret that there was obviously a big misunderstanding when concluding the new contract, I'm sorry about that.

schluej had already informed you in detail about the legal situation. Unfortunately, there is no 14-day cancellation period for contracts concluded in a shop, a cancellation would be a goodwill decision of the dealer.

I really hope that you can find a solution with the shop.

If you have any further questions, please let us know.

Best regards

Giulia

Hello Giulia,

 

Thanks for responding. The dealer or shop will not cooperate in this matter, I have tried with them, 3 times already. To be honest, the shop owner or the manager has no good will, and he knows I couldn't do anything, thats why he arrogantly refused to cooperate.

So my only chance here, if I get help from O2 directly. In the last 2 years, I had 4 O2 contracts, from which, I paid way more in advance the two devices contract. I'll continue with my previous sim contract, but if I don't get any help from O2 regarding this matter, then probably loyalty program doesn't actually matter that much. 

Thanks again Giulia, for responding here. If you have any suggestions regarding solving this issue, I'll be grateful. 

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