Contract cancellation

[#1]

Dear Telekom sorry I do not speak German. I'm very unsatisfied of all problems I'm having. I'm your customer since March 2013, and I was living in Ulm until August 2014. Then I moved to Bayern. In the new city started the problems. It's now 1 year that I'm waiting the DSL, and there are no answers at all to my requests. So, I want to cancel the contract with you, and I've made the "Kundigung". But you are refusing to let me go with another operator which instead is giving me the DSL connection. I'm now paying 70€ per month to have only telephone, and LTE connection which is very bad. Furthermore I'm paying 3 routers that I have never received. Please tell me why should I continue to stay with you if you cannot provide me with DSL?? We are in 2015 and you still do not have DSL coverage in all country. Are we in Germany or where?? I would like to avoid to use my lawyer, I' m sure you can accept my "kundigung", otherwise I will be forced to ask you also a reimbourse of all the money that I have lost because of your poor service. I wait for your feedback within 04. August 2015.

[#2]

Dear gentilebiagio, just to make you aware, that this is mainly a customer-to-customer community and definitely not the place to leave notice of contract cancellation or to post any other legal letters.
For this only the official adresses and communication channels on your invoice or contract confirmation are relevant.

Could well be someone of the Telekom-hilft-Team looks into this and asks for filling out a contact form if they see a chance to dig deeper into your issues for resolution.

Yes, there are still quite some regions in Germany poorly covered with fast internet access. Once a provider sees 'money' in expanding coverage, he will certainly do so. But until then........
So already companies and families startet FIRST to look after broadband coverage before even thinking of making any investments.............

[#3]

Thanks for your advise. If I'm writing here it's because I'm getting crazy about this situation. I would hope that somebody from Telekom will react and let me know what they want to do.

[#4]

First of all, you've been in germany for more than 2 years but you are virtually still not speaking fluent german?

My educated guess is, that this language barrier is the cause for a - literally - misunderstanding on both parts, you and telekom. You've made a contract for DSL Internet before and it worked fine in the first place, later on you moved to a new place, where they could not give you the same internet access, as you explained.

To put it in a nutshell: if you move to a new place and your carrier can't move its services to your new place too, you have a legal right to quit the contract with 3 months notice. Maybe this was explained to you and you didn't understand, maybe not. But it is as easy as that. These 3 months notice are some sort of a grace period in favor of the internet services providers, because after all you signed a contract with them and it is not their "fault" you moved to a new place, these 3 months are a tradeoff to cut their losses while still allowing you quit the contract prior to its regular expiration at the same time. A word of caution: to my knowledge there is no legal way whatsoever to quit the contract even more swiftly than with 3 months notice.

[#5]

What was your tariff when living in Ulm? Probably some "Call & Surf Comfort" variant.

If you move to a different place in Germany and if your (fixed network/DSL) telecommunication contract cannot be continued unaltered then by German law you have an exceptional right to cancel the contract, within s.th. like three months after the move. However you must refer to that fact in your letter.

Moreover if you have rented the router then you have a separate contract for each rented router that you can (must?) cancel independently - and following the cancellation you must return the respective router.

For more recent router rental contracts the minimum contract duration is 12 months.

The fact that you are mentioning LTE is puzzling a bit... is this a different topic or was LTE part of your internet solution back in Ulm? If so, probably your tariff was a "Call & Surf via Funk"...

[#6]

Hello muc80337_2 thanks for your answer. Can you please tell me what is the number of German law to cancel the contract?

[#7]

Hi, nobody of telekom told me that. Instead they assure me that the DSL was available in the new place.
If I cannot escape from the contract is unbelievable. If I do not have DSL I can't work!
and why should I keep on to pay 70€ a month to have a very poor internet???
It's like when you make Electricity contract. You pay a montlhly fee, but then sometimes you can cook, other days you cannot!

[#8]

Dear gentilebiagio,

a few months ago you already were in contact with a colleague of mine as I can see in your old posting. 

What did he tell you back then? 

I can take a look at your contract as well, but I cannot promise that I find a simple solution for you. The information you got from our users here in this conversation are correct. 

Please fill in our contact form and I look at the notes that my colleagues left during the last year. 

Best regards, Inga Kristina J. 

[#9]

This is about the "Telekommunikationsgesetz"
http://dejure.org/gesetze/TKG/46.html
see specifically (8) which is on relocation="Umzug"

(8) Der Anbieter von öffentlich zugänglichen Telekommunikationsdiensten, der mit einem Verbraucher einen Vertrag über öffentlich zugängliche Telekommunikationsdienste geschlossen hat, ist verpflichtet, wenn der Verbraucher seinen Wohnsitz wechselt, die vertraglich geschuldete Leistung an dem neuen Wohnsitz des Verbrauchers ohne Änderung der vereinbarten Vertragslaufzeit und der sonstigen Vertragsinhalte zu erbringen, soweit diese dort angeboten wird. Der Anbieter kann ein angemessenes Entgelt für den durch den Umzug entstandenen Aufwand verlangen, das jedoch nicht höher sein darf als das für die Schaltung eines Neuanschlusses vorgesehene Entgelt. Wird die Leistung am neuen Wohnsitz nicht angeboten, ist der Verbraucher zur Kündigung des Vertrages unter Einhaltung einer Kündigungsfrist von drei Monaten zum Ende eines Kalendermonats berechtigt. In jedem Fall ist der Anbieter des öffentlich zugänglichen Telekommunikationsdienstes verpflichtet, den Anbieter des öffentlichen Telekommunikationsnetzes über den Auszug des Verbrauchers unverzüglich zu informieren, wenn der Anbieter des öffentlich zugänglichen Telekommunikationsdienstes Kenntnis vom Umzug des Verbrauchers erlangt hat.

[#10]

If your Original Product is not available,Telekom will usually offer you another Product which should work at your Place, im pretty sure the main problem is a lack of communication here during the whole Process of moving to another City and moving your Contract to the other location aswell. Plx fill out the Document that was requested more down by Inga.

[#11]

Thanks everyone for the comments received.
Honestly speaking I don't think it's a language problem. As somebody of you have said, I could not speak German, but I could also say, we are in 2015, you should speak english.

However I prefer to solve my problem with telekom and not speak about languages. Also because I called at 0800 number of Telekom selecting English language.

This is not a point of "umzug" or anything else.
In 1 year I've heard many excuses from Telekom, just excuses, no answers.
One family from my city were leaving, I've also indicated to Telekom to take that "DSL Port" for me, and NOBODY from Telekom wanted to listen to me, or just even send a technician.
I've been asking so many times to send a technician here. NOBODY came.

If Telekom cannot provide me with DSL, Telekom must allow me to cancel the contract immediately. That's it!

[#12]

I still do not get the full picture. From your last posting I now understand that Telekom cannot offer you the DSL service due to a lack of DSL ports. If that ist true - then unless you can have internet via a cable provider it is quite probable that also the DSL competition might not be an alternative, as they might be struggling with the same lack of available ports.
Of course in this case the Telekom should not charge you for a DSL service that the cannot and do not provide.

Please do provide Inga-Kristina from Telekom with your data via the form she has requeste - here for your convenience once more

https://telekomhilft.telekom.de/t5/custom/page/page-id/Kontakt-QA

I am a bit unhappy that Inga-Kristina is referring to your earlier thread on the topic - because it does not get clear, what Telekom people found out (as often the case they state that they have sent s.th. - but they do not give any hint for other forum members what might be the solution). Nevertheless the link to the earlier thread, again for your convenience

https://telekomhilft.telekom.de/t5/Frage-stellen/Help-8-monate-warten/qaq-p/1293472/search-sort-type...

[#13]

Dear gentilebiagio, 

thank you for your e-mail. It was not passed on directly to me because of the speech, but now I got it. 

I already looked at the notices and yes, you're right, the whole thing is much more difficult. My colleagues tried month after month again and again to provide a DSL line for you, but it was technically not possible. 

For the meantime you got the Call & Surf via Funk, but as far as I see this was meant to be on an interim basis. 

I have to talk to some people before I can say something definite about this, but tomorrow I am sure I will have more information. 

Until then, best regards 

Inga Kristina J. 

[#14]

Dear gentilebiagio, 

I talked to my colleague Yalcin A. who was involved in this case in February 2015. He assured me that he will take care that you get a satisfying solution for your problems. He will contact you as soon as he has news for you. 

Best regards Inga Kristina J. 

[#15]

Sure there is; if you're military. Also, who are you to judge this individual for not speaking German fluently? There are plenty of German citizens in other countries, for decades, that keep to their communities and don't speak the language of the country they live in; there are GERMANS who don't have better than a grade school vocabulary and can't maintain technical conversatins about their DSL service, or have the intellect to understand contractual obligations! So park your 'incredulous' pompous retorts.