Special termination
May 30, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I placed a relocation order for Surf and Phone Flatrate with 1&1 on 30.03. The new connection is scheduled for 18.05. Now 1&1 says that there is no available port at Telekom, and no one can say when the new connection will be possible. How long do I have to wait to have a special termination right? It is particularly annoying that I can only make expensive phone calls via mobile phone. Could I possibly cancel only the internet telephony and continue the contract only with the DSL flat rate?
Best regards
Dear inquirer,
Thank you for your inquiry!
Below I would like to address your questions as follows:
Regarding 1.) Could I possibly cancel only the internet telephony and continue the contract only with the DSL flat rate?
Unfortunately, this is not likely to be possible. Based on your description, I assume that both the internet telephony and the DSL flat rate are based on the same contract, meaning there is only one contract for these services, not two separate contracts.
A contract can generally only be terminated as a whole. This means you either cancel the entire contract or the contract remains in its entirety.
You are free to negotiate with the provider to have the contract adjusted so that only the DSL flat rate continues. This would be a change to the contract, which can only be done with the agreement of both parties.
Regarding 2.) How long do I have to wait to have a special right of termination? It is particularly annoying that one can only make expensive phone calls through a mobile phone.
You can withdraw from the contract if the provider does not provide or cannot provide the contractually agreed service, and you have set a reasonable deadline for the provision of the service and announced that you will withdraw from the contract in case of an unsuccessful deadline.
Therefore, if the provider has contractually assured you that the switch will be made by May 18th, he must stick to it. If he does not comply with it, you should set a reasonable deadline for the provision of the service (about 10-14 days) and then follow the procedure described above.
The fact that it is likely to be the fault of Telekom and not your provider that the service will not be provided on time is not relevant as long as the provider has assured you of the timely switch.
I would like to finally point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive assessment of the situation. Adding or omitting relevant information can result in a completely different legal assessment.
I hope my explanations have been helpful to you. Feel free to ask if you need further assistance.
I hope I have answered your question to your satisfaction and wish you a pleasant Sunday afternoon!
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/57774
