DSL-speed: when the Internet is "too slow"?
How fast is your Internet connection depends primarily on the Treaty and the line to your house. Throw documents, therefore, first take a look in your contract to determine the posted speed. Common in the streams of 25, 50 and 100 MBit/s are now Down, but also values such as 16 or 32 MBit/s are not uncommon.
- From this information you can potential Download and upload speed calculate. The true value can then be used with a DSL speed test to determine.
- But caution: Run the Speedtest via Ethernet, not via a Wi-Fi connection, and disconnect all other devices (phone, Tablet, game console, etc.) from the network. The only way you can make sure that you get an authentic result.
- In most cases, your measured values will approach the posted speed. The DSL provider knowledge and formulate your terms and conditions sent to your favor. Here you will find, for example, the promised benefits of "up to 16 MBit/s" or even statements that a stable and high bandwidth cannot be guaranteed.
- This is the so-called "Up-to-clauses" you will be directed usually, if you get a slow connection to your provider. But can it really be right that you get through such a clause, instead of 16 MBit/s 5 Mbit/s, but pay full price? Of course not.
- Minor losses and fluctuations you have to accept, however. When the limit of the Unacceptable is reached, have decided over the years, several courts in a wide variety of individual cases.
DSL speed measure
To slow Internet: right to extraordinary termination
- Thus, the district court of Kiel (Az ruled, for example.: 106 C 21/11), in the sense of a load, the DSL speed was much too low. The judge decided that the consumer has a right of termination due to frustration of contract (section 313, Para. 3 s. 2 BGB) is entitled, if the agreed bandwidth by more than half is below. In other words, The plaintiff could cancel the contract without setting a Deadline, because less than 50 percent of the agreed speed could be used.
- With a judgment dated 07.05.2009, the local court of Fürth, Germany (Az.: 340 C 3088/08) decided that the customer has a termination right if the actual bandwidth is less than half. Here, the court relied on the extraordinary termination to section 626 of the German civil code, in the result, but it makes no difference.
- Similarly, it also saw the district court of Munich on 07.11.2014 (Az.: 223 C 20760/14). In the opinion of the judge, the customer may terminate due to discontinuation of the business basis extremely, if in the case of an agreed bandwidth of up to 18 Mbit/s permanently only 6 Mbit/s to arrive. The terms and conditions clause does not preclude the in such a case.
- In addition to a right of extraordinary termination may apply even to a claim for damages. Thus, the district court of Montabaur language in its judgment of 04.08.2008 (Az.: 15 C-168/08) to a customer, the Extra cost for a DSL contract with another provider.
Internet law: Not every case is the same
The judgments show that courts always decide in favour of the consumer and, in particular, extraordinary dismissals in the case of low bandwidth allow. Nevertheless, the Supreme court case law and a clear legal situation are still lacking.
- For this reason, you should first contact your provider and a joint search for a solution, if your DSL speed is too low. Check your bandwidth before for safety's sake, on different days at different times and record the results. It is important that you disconnect all other devices from the network, and the Test via Ethernet to perform. Because that's the way the technician from your provider, you will have to pay for the speed measure, this but to a much different result than you, you must in the worst case, the technician - use of self.
- Your bandwidth (for correct measurement) durable under the promised values, you can an extraordinary notice of termination having regard to section 626 of the German civil code or § 313 Abs. 3 s. 2 BGB to consider. Suitable templates can be found for free Download. But not just the payments to your provider.
- If your provider accepts the cancellation and whether or not this is justified, however, depends always on the individual case. Therefore, please consult best with your measurement results, and the contract documents to a lawyer before you make a termination or other action.
DSL contract: terms and conditions often ineffective
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