How can I effectively revoke a contract?
March 17, 2023 | 40,00 EUR | answered by Sandra Altmann
Dear lawyer,
I am reaching out to you because I recently entered into a contract and am now considering how I can effectively revoke it. My name is Petra Weinert and I urgently need your help in this matter.
The situation is as follows: Two weeks ago, I signed a contract with a fitness studio to improve my health and exercise regularly. Unfortunately, I have since realized that the fitness studio does not meet my expectations and for various reasons, I would like to revoke the contract.
My main concern is to revoke the contract as quickly as possible to avoid incurring any further costs and to look for a suitable alternative fitness studio. I am worried that the revocation may not be effective or that the fitness studio may have difficulties accepting the revocation.
Therefore, my question to you is: How can I effectively revoke the contract with the fitness studio? Are there specific deadlines I must adhere to, and what legal steps are necessary to make the revocation legally valid? I would greatly appreciate a detailed consultation and assistance in this matter.
Thank you in advance.
Sincerely,
Petra Weinert
Dear Petra Weinert,
Thank you for your inquiry regarding the cancellation of a contract with a fitness studio. I understand your concerns and would be happy to provide you with detailed advice on this matter.
First of all, it is important to know that contracts concluded outside of business premises or through distance selling generally include a legal right of withdrawal. This means that as a consumer, you have the right to withdraw from the contract within a certain period without having to provide a reason.
In your case, as it is a contract with a fitness studio, special legal regulations apply. According to § 312g BGB, consumers have a right of withdrawal in contracts for the provision of services related to leisure activities, if a specific date or period for the provision of the service is specified in the contract. This means that you generally have a right of withdrawal as long as the contract has not been fully fulfilled, i.e. as long as the fitness studio has not provided any services yet.
To effectively withdraw from the contract with the fitness studio, you must notify the studio of your withdrawal in writing. It is advisable to do this by registered mail to have proof of the timely dispatch. In your withdrawal letter, you should clearly explain that you wish to withdraw from the contract and specify the reasons for doing so.
There is no specific deadline by which you have to withdraw from the contract, as long as it is done before the start of the service provision by the fitness studio. However, it is advisable to declare the withdrawal as early as possible to avoid any misunderstandings.
If the fitness studio does not accept the withdrawal or causes difficulties, I recommend that you seek legal advice in a timely manner to protect your rights and potentially take legal action.
I hope this information helps and I am available for any further questions. Thank you for your trust.
Best regards,
Sandra Altmann
