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Created on Friday, 07 November 2008 23:47

Last Updated on Friday, 28 December 2012 18:43

Pay for a VoIP Line out of Order?

So, you as a modern person are already placing calls online. Your line was working well and after some time it was not working at all anymore. Anytime you tried to call online, you were connected per landline. These costs are much more expensive than online calls. Most of these calls cost significantly less than landline calls. You have been driven crazy for over three months.

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In this situation, your legal rights are to terminate the contract without notice and demand damages. Pursuant to §280 I BGB your VoIP provider is committing a breach of contract. This implies that this company is liable for damages. These damages are the vainly paid basic / flat fees for DSL-phone line. Your rights do not refer to your DSL-line as such. Furthermore, the price difference between the calls you now had to make over landlines and VoIP-calls can be reimbursed as damages. You also want to terminate your DSL-provider? Forget it. These are usually two different contracts. If you want to cancel both prematurely, you must have extraordinary reasons for each contract.

However, you will not be able to collect damages if your provider proves that the malperformance is not their fault. Nonetheless, seldom is a company so daring to guarantee you that will have 100 % reliable coverage. They usually just claim that it is their main duty to provide you with VoIP telephony per DSL without any certain promises. Nevertheless, if you are hardly – if at all – able to use your VoIP-line for more than two months, you have the right to cancel the contract without notice (§626 BGB). The permanent (two months and more) non-availability of your VoIP-line constitutes your right for termination without notice. Nevertheless, to be on the safe side, it would be of advantage if you first admonish them and simultaneously announce that you are considering canceling the contract.

Hint:

If you only occasionally encounter trouble, the rights here mentioned will not typically be applicable.