hTTi

Hi Everyone

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 ?

We have certainly fallen foul of the contract cancelling thing, once with a community run Waldbad which we joined and once with Wölflinge, but in both cases we failed to cancel because we didn't know they were rolling contracts (newbies... ) - 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.

Given that you did do it properly, that's really annoying - has it just come down to 'he said/she said'? In which case it's pretty rubbish that they win by default. Did you email it to them? If it's still in 'sent' that would be fab, but that's a long time ago...

With you in your frustration. What a bummer.

thanks for answer. I posted the cancellation, during COVID times, and also shortly after we moved house.

Obviously I should have checked. But ... life gets in the way of being perfect.

If you legally owe them, it's not going to help reversing the SEPA payments because they will charge you again and maybe add a processing fee for their troubles. They don't really care if your daughter was there. Just that you had a valid contract.

Google tells me that new contracts as of March 1, 2022 no longer renew automatically for a one year period, only month to month. Old contracts however stay the same and can be extended for another year if you do not cancel more than whatever period before the renewal date, often 3 months. Say your renewal date is Dec. 31st, if the cancellation period is 3 months, you have missed the boat.

Make sure you cancel in writing with the request of a cancellation date or the next available date. This covers you in case you cancel to the wrong date and they roll you over anyway because your date was not allowed.

Also ask for a reply in writing verifying your cancellation and to which date. If regular post doesn't work, send via registered mail.

Hello! I have no advice but just wanted to welcome you to the crazy house that is hTTi. Post a little about yourself in the Introduction thread and hang around for a while!