Termination of an agreement: Termination or Instructions for cancellation. Differences.
For many, these two words are synonymous, but this is not entirely true.
Although the result of their application is the termination of the contract. And now in more detail.
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➡️ Termination
This is the termination of the contract at the initiative of one of the parties, according to the conditions in the contract. Those. if you have a contract for 1 year, so that it does not automatically renew for another 1 year, you need to “Kundigovat” it, i.e. express a desire to terminate it. In doing so, you must observe: Kündigungsfrist is the period of time between the announcement of the termination and the subsequent termination of the contract. Kündigungsfrist is always written into the contract.
➡️ Instructions for cancellation
This is the right to refuse the client within a certain period from the execution of the contract for the purchase of goods or the purchased service and the return of the money paid.🔸 The consent of the seller, service provider is not required.
🔸 The contract is terminated retroactively. In other words, it is completely cancelled.
🔸 The Widerruf right must be specified in the contract, and for certain contracts you must be notified of it in writing, for example, real estate lending contracts.
🔸 For sales outside the company's office or remote sales by phone and / or the Internet - Widerruf is always there. It is believed that you do not have the opportunity to fully evaluate the product.
Those. having concluded a mobile communication agreement (electricity contract) in the salon office of the company - you have no right to refuse within 14 days. This may be an additional service of the seller.
By concluding these contracts via the Internet, you get the right to refuse. The same applies to buying clothes on the Internet or in a regular store.
🔸 Basically, the Widerruf period is 14 days. But there are products for which it is legally set to 30 days, such as Lebensversicherungen insurance contracts.
Example: buying a property with a mortgage.
✅ You have the right to refuse - Widerruf from a loan agreement with a bank.
❌ You cannot withdraw from the sales contract with the seller, you do not have such a right.
❌ You cannot withdraw from the sales contract with the seller, you do not have such a right.
Personally, I have repeatedly used Widerruf's right when buying goods Online through my favorite Amazon (not advertising), when ordering the wrong product.
Personally, I have repeatedly used Widerruf's right when buying goods Online through my favorite Amazon (not advertising), when ordering the wrong product.
When shopping online, I recommend that you always pay attention to the cost of return shipping and at whose expense it is.
My example: I bought a low quality camping table for 39 €. The cost of shipping back to the seller is 40 €. 🥲
Valery Melekh
Still have questions? Write us and we will answer you in detail.
Hello!
Tell me, please, is there a possible solution to the problem?
In February, my family and I moved to a new apartment, the rental agreement for which specifies Kündigung with the condition that we waive the right to terminate the agreement during the first year of renting. I have a blue card. Lost my job that year. I was given until April 15 to find a new job so as not to lose my blue card. I found a job, but for this I need to move to another city. Is this considered sufficient reason to break the lease? My husband is the main tenant and nothing has changed for him. We came to Germany as two separate professionals and not as a family, so my blue card is not dependent on his visa.
I would be grateful for any help!
Hello Maria.
A new job is not grounds for early termination of the contract.
But you can try to negotiate with the landlord, offer the option that you will find Nachmieter for example.
Good afternoon I entered into an agreement with a sports club for 2 years. A week later I found an apartment in another city and am planning to move. There is no such club in that city. I wrote an email to the sports club with a request to terminate the contract due to the move, and also due to the fact that 14 days from the date of signing the contract had not yet passed. To which I received a refusal, due to the fact that there is no legal right to terminate the contract. The contract was not concluded as part of a door-to-door operation. How to break a contract with a sports club? Thank you
Hello.
Indeed, if you concluded an agreement in person at the club itself, then the 14-day cancellation rule does not apply.
Study the contract and the terms of its termination carefully.
Perhaps you can sell your subscription at a small discount to another person.
Also try contacting the consumer protection center: Verbraucherzentrale Bundesverband: https://www.vzbv.de/
Good evening, my sister signed a purchase and sale agreement for a car at an auto site. Probably a preliminary agreement. They offered to help her with insurance, she agreed and indicated her account. I didn’t pay for the car because they told me to come in 3 days and pick up the completed documents. But she changed her mind about buying. We saw the same cars on the website but much cheaper. In the evening of the same day, she wrote that she would not buy a car. She apologized. And they wrote to her that if she didn’t buy it, she had to pay 200 €. Please tell me what to do in this situation?
Hello.
In this situation, it is important to understand on what basis a payment of 200 € is required and what conditions were agreed upon in the preliminary contract for the purchase and sale of the car. In Germany, preliminary contracts and terms of sale may contain provisions for penalties or fines for cancellation of the transaction.
Here are a few steps you can take in this situation:
1. Re-read the contract: Carefully study the terms of the preliminary agreement, paying special attention to clauses regarding refusal to purchase, penalties, fines or any fees that may be levied in case of refusal of the transaction.
2. Legal advice: If the contract specifies penalties for refusal or some of its provisions are unclear, it is recommended to seek advice from a lawyer specializing in civil law or automobile transactions in Germany. This will help you understand your rights and responsibilities in this situation.
3.Communication with the seller: Try again to politely communicate with the seller or car dealership representative, explaining the situation and expressing your intention to find a mutually acceptable solution. Sometimes issues can be resolved through negotiations.
4.Checking the legality of the claim: Make sure that the requirement to pay a fine or penalty is legal and does not contradict current German law. A lawyer can help evaluate the legality of such a claim.
If a situation seems unfair or if you believe your rights have been violated, do not hesitate to seek legal help. It is important to know your rights and responsibilities and understand what steps you can take to protect your interests.
Hello, 21.02.2024/2/XNUMX, I concluded an agreement online for dental insurance, indicated the address and card number, after this, I decided to cancel the contract, but they told me the documents would arrive in XNUMX weeks, and I can cancel, but I’m afraid at my own expense, since he is not safe, I wrote a letter but there was no answer, and that consultant no longer answers, he spoke Russian, and all the sites are German, I wrote wherever possible, but in response they told me to wait for documents, and then in German in the email translated or registered on the site, but the site was abandoned, and it doesn’t respond in any way, please help me, break this agreement, because I understand that my card is not safe. I live in Honnover. This is their website.https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://godinlife.de/&ved=2ahUKEwiagMa2772EAxUr9gIHHXXGB3g4ChAWegQIDBAB&usg=AOvVaw1P4eShOy2mMyje2IAiILUy
Hello.
In Germany, any insurance can be canceled without explanation within 14 days.
Write Widerruf
Hello. A rental contract has been concluded with an expiration date (fixed-term). Can the landlord and tenant by mutual agreement terminate this contract? Or renew for a shorter period?
Hello.
Of course, by mutual agreement they can change the terms of the agreement.
Best regards,
Valery Melekh
Tell me how to terminate an insurance contract in Germany if it is registered for a year, but only 3 months have passed. I don't use a car. I am not the owner of the car.
Good morning,
thanks for your question.
You need to deregister the car and then the insurance will stop automatically.