My first post, sorry that it is about a problem!!
Has anyone had experience/difficulties when cancelling children’s club memberships?
My daughter was a club member, in Regensburg, for a few years as she attended gymnastics classes. We cancelled in writing, and she stopped going. She hasn’t been there at all since, because she’s now at another club. Unfortunately, we didn’t realise that the first club continued withdrawing membership fees. I guess I didn’t look closely enough at the statements, and if I had noticed the yearly withdrawal I probably would have just thought: “Oh, that’s for gymnastics”! But I am sure we canceled, I have a Word template for this. But it was 3 computers ago
When I asked about it, the person in charge told me it didn’t matter that she hasn't attended any classes or using any services for several years. They said she still has to remain a member until the end of 2026. This seems, well, a bit “dodgy” in terms of business practices!! I happened to work in telco for a while, and the law on contracts renewing changed recently too, though not quite the same situation.
Of course, we’re aware that part of this is also our own fault. That’s why I only asked for a partial refund (50%) as a goodwill gesture, the rest can be considered a donation. It’s not huge amounts — around 140 euros per year over a few years — but since I’m currently unemployed, every euro counts.
I’ve been living in Germany since 2020 and have never had problems like this before.
I asked chatGPT and it told me (and of course the KI tools might be lying!)
I could reverse the SEPA as far back as 13 months, so in principle I could get 2025 years back which was taken in March ?
The principle of "Nach § 130 BGB ist für den Zugang einer Willenserklärung nicht erforderlich, dass der Empfänger den Zugang bestätigt.
Der Absender muss den Zugang nicht beweisen, solange der Empfänger kein ordnungsgemäßes Posteingangssystem nachweisen kann" applies. And therefore I dont need to prove they received/lost it, they need to prove they did not.
English version of the above is "Under § 130 of the German Civil Code, the effectiveness of a declaration (such as a cancellation) does not require confirmation of receipt by the recipient. The sender is not required to prove physical delivery unless the recipient can demonstrate that they maintain a proper, documented incoming-mail system".
People will ask if I have legal insurance. I do, but with excess of 350 euro it's hardly worth it, which is why I made a compromise offer.
Anyone any similar tales to tell ?
) - both were things we hadn't used for a long time before we realised and no, we couldn't get out of them before the following year.
