Tenant - Due to TV costs: Consumer protection warnings suppliers off
After the end of the so-called ancillary cost privilege, where tenants had to pay TV costs over and above the rental costs, landlords and TV providers are causing unhappiness with a new approach. The Consumer Center NRW accused the housing conglomerate LEG and network operator NetCologne of submitting contracts to tenants and acting unlawfully. corresponding notices were sent out.
The two companies sent letters to tenants independently, stating that tenants would automatically receive an end-user contract. However, according to consumer advocates, the active consent of the tenant is necessary. "Consumers actually had the free choice for TV reception after the end of the ancillary cost privilege," says Felix Flosbach from the Consumer Center NRW. "But the two providers are trying to force contracts on tenants and consumers without a contract being signed."
The contested letters from the companies
In NetCologne's letter to its customers, it is stated that they want to make it as easy as possible for cable TV users and convert the existing cable TV contract into a TV individual user contract. "You don't have to worry about anything and can simply continue to watch your favorite program - permanently at a favorable price." Monthly, five euros are supposed to be waived, which is actually quite favorable. July is free. The customer can cancel in the internet - there is no payment obligation in contrast to the previous ancillary cost model.
LEG, on the other hand, writes to its tenants that they can "easily decline and do not have to conclude their own contract." They will set up a new contract independent of the rental contract. Cancellation is also possible. LEG apartments receive the television signals from cable provider Vodafone. A spokesman for the Düsseldorf telecommunications company says that they have no direct contractual relationship with the tenants and that LEG offers the TV supply to its tenants independently.
Reaction of the companies
The companies reject the accusations of consumer advocates. A LEG spokesperson says that the offer only involves rental contractual obligations. "A functioning TV connection is, in our legal opinion, part of the existing old rental contracts." This argument, however, does not convince consumer advocate Flosbach. "Basically, the cable TV connection should be available, as long as it is contractually guaranteed," says the lawyer, but: "A forced use does not result from this."
NetCologne states that a smooth transition is important for the television supply to the ladies and gentlemen so that they can continue to watch cable TV as usual and the signal is available from the start. "We have opened the possibility of a conclusive consent to continue using the previous service under a separate contract." With conclusive consent is meant that the actions of a person indicate something about what they have not explicitly stated.
Ancillary cost privilege is history
Since July 1, landlords may no longer charge TV costs as ancillary costs in the rent, and the participation obligation has expired. For market leaders Vodafone and other cable providers such as Tele Columbus and NetCologne, this means headwind - they want to keep as many cable users as possible as customers. Alternative offers, which until now had a hard time against the payment obligation in the ancillary cost privilege, are on the rise - for example, Magenta TV from Deutsche Telekom or online services like Zattoo and waipu.tv.
In response to this new approach, consumer advocates in Germany argue that Television providers like NetCologne and LEG are trying to force end-user contracts on their consumers without obtaining their explicit consent, contradicting the freedoms granted after the end of the ancillary cost privilege. Despite the companies' claims that they aim to make the transition as smooth as possible for their cable TV users, consumer advocate Felix Flosbach asserts that a forced use of the service is not justified.
