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Not Deutsche Telekom? -Trouble with "1N Telecom GmbH".

Trouble with "1N Telecom GmbH"

- The practices of the "Telekom copycat"-

The telecommunications provider "1N Telecom GmbH" has recently been causing a lot of trouble and confusion among consumers throughout Germany.

Our law firm is receiving more and more enquiries from affected consumers who wrongly cancelled their existing contract with "Deutsche Telekom" or ordered a change of provider from "1N Telecom GmbH"

In detail:

I. Call from "1N Telecom GmbH"

Affected consumers tell us that, as Deutsche Telekom customers, they unexpectedly received a call.

At the end of the telephone receiver, a person identifies himself as a "Telekom" employee.

- In some cases, our clients (Deutsche Telekom customers) were told on the phone that their contracts with "Deutsche Telekom" were about to expire and whether they wished to extend their contracts.

- Others told us that, as Deutsche Telekom customers, they were offered a discounted tariff if they changed their existing tariff because of their long-standing loyalty.

II. The "new" contract documents

After the consumers concerned have decided in favour of an "extension" or "change" of their existing telecommunications contract with "Deutsche Telekom", they receive the new "contract documents" by post.

The devil is literally in the detail.

The contract documents only reveal that the persons concerned did not - as once assumed - speak with employees of "Deutsche Telekom", but with those of "1N Telecom GmbH".

III. Options for action in the event of inadvertent signing

If the consumer concerned overlooks the fact that the contract documents do not originate from "Deutsche Telekom" and sends the documents back to "1N Telecom GmbH", a contractual relationship is - initially - established with "1N Telecom GmbH".

In the specific individual case, it must then be examined to what extent the consumer concerned can break away from this unwanted contractual relationship.

The following structuring rights are primarily considered:

- the revocation;

- the challenge; and

- the cancellation.

IV Compensation for damages due to premature cancellation

Experience has shown that "1N Telecom GmbH" demands compensation from the affected consumers who "cancel" the erroneously concluded contractual relationship, citing their general terms and conditions.

Here is an example:

Those affected must know that the disputed clause in the General Terms and Conditions of "1N Telecom GmbH", on the basis of which compensation is claimed, is contrary to the General Terms and Conditions and therefore invalid.

The corresponding clause already violates Section 309 No. 5 lit. a) of the German Civil Code, BGB.

Section 309 No. 5 lit. a) BGB states:

Even insofar as a deviation from the statutory provisions is permissible, it is ineffective in general terms and conditions

5.(Lump-sum compensation claims)

The agreement of a lump-sum claim of the user for damages or compensation for a reduction in value if

      • a) the lump sum exceeds the damage to be expected in the regulated cases according to the usual course of events or the usually occurring reduction in value or

V. Conclusion

Those affected who have wrongly concluded a contract with "1N Telecom GmbH" should seek legal advice as soon as possible.

This also applies to consumers who find themselves exposed to an alleged claim for damages by "1N Telecom GmbH".

Affected parties who contact us will receive an initial assessment of the legal situation and the likely costs of legal representation by telephone.

Tolga Topuz
Lawyer

April 2024 - Düsseldorf -

Let us help you!

If you need help, please feel free to contact us. We will get back to you as soon as possible. If you need urgent assistance, please call the following number:

Tel : +49 211 43637831

info@topuz-law.de +49 211 94259339 Mo – Fr 07:30-19:00

 

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