Support stating old legislation policy

  • I contacted support about a service of mine that was out of the 12 month contract period, and was told it would automatically extend for another 12 months and I cannot cancel.


    In Germany, a contract does not just run out after the first 12 months. You see there is also mentioned a cancellation period:

    Cancellation period of notice: at least 31 days before expiry of the minimum contractual term
    Therefore, If you do not cancel your server 31 days before the contract ends (this year would be 24th, October 2024), then your contract will be extended for another year.

    The contract for your server therefore was already extended and on November 25th, we will invoice you for that server.


    Netcup posted this: https://www.netcup-news.de/202…-mindestvertragslaufzeit/


    Consumers who purchase a product after March 1st, 2022 can terminate their contract monthly after the minimum contract period of 12 to a maximum of 24 months. This means that the contract term is not automatically extended by a further 12 months after the minimum term, but only by one month at a time.


    This contract was entered into 25th November 2022, but it's still being renewed as 12 month automatically.

    Am I misunderstanding the post above?

  • In that case, you are not a "consumer" and indeed misunderstood the blog post. This is only available for private individuals, or Verbraucher.

    More on that can be read in the law: https://www.gesetze-im-internet.de/bgb/__13.html (§13 BGB).


    That said: the support is right.


    Thanks for clarifying. Although I have two services, both of which are multi-month terms out of their original contract and was allowed to cancel one with a 31 calenda day notice, but the other referenced in the OP, handled by a different (and very rude) support agent isn't being treated the same for some reason.

    In this case, you are not considered a "consumer".


    Edit: Well, what kind of service is it? You still have the possibility to offer your product to other users here in the forum. If someone takes it before you get the next invoice, the invoice goes there and not to you.

    https://forum.netcup.de/inform…via-inhaberwechsel/biete/

    It's just a RS Black Star VPS, nothing major but was surprised that I am being told one thing for one service and another thing for a similar service with the same contract terms.

  • Thanks for clarifying. Although I have two services, both of which are multi-month terms out of their original contract and was allowed to cancel one with a 31 calenda day notice, but the other referenced in the OP, handled by a different (and very rude) support agent isn't being treated the same for some reason.

    I'm not sure I'm following. There are servers available where you have a contract runtime of one month, but a greater billing period (of 6 - 12 months). Could it be, that this is the case for your server?


    Didn't you quote from your ticket in the first post? As a German I don't see anything rude or inpolite in there. Maybe that's just me. Am I missing something here?

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