Internet law: DSL speed slower than ordered - you can do that
Up to 100 Mbit / s - that is what many DSL providers promise in advertising. But often the speed is slower than ordered. We clarify which rights you have in such cases and how you best proceed on the basis of case law and law.
DSL slower than ordered: that's what the lawyer says
Using an example, lawyer Christian Solmecke explains what affected users can do if the data rates are too low.
DSL speed: When is the Internet "too slow"?
How fast your internet connection is depends primarily on the contract and the line to your house. Therefore, first take a look at your contract documents to determine your booked speed. Downstreams of 25, 50 and 100 Mbit / s are common today, but values such as 16 or 32 Mbit / s are not uncommon.
- You can use this information to calculate your potential download and upload speed yourself. The true value can then be determined with a DSL speed test.
- But be careful: Always perform the speed test via Ethernet, i.e. not via a WLAN connection, and disconnect all other devices (cell phone, tablet, game console, etc.) from the network. This is the only way to ensure that you get an unadulterated result.
- In most cases, your measured values will not quite match the booked speed. DSL providers also know this and formulate their general terms and conditions in their favor. Here you will find, for example, promised performance of "up to 16 Mbit / s" or even explanations that a stable and high bandwidth cannot be guaranteed.
- You are usually referred to these so-called "up to clauses" if you contact your provider because the connection is too slow. But can it really be legal that with such a clause you get only 5 Mbit / s instead of 16 Mbit / s, but pay the full price? Of course not.
- However, you have to accept minor losses and fluctuations. From when the limit of the unreasonable has been reached, several courts have decided in various individual cases over the years.
Internet too slow: right to extraordinary termination
- For example, the district court of Kiel (Az .: 106 C 21/11) ruled in the sense of a consumer whose DSL speed was significantly too low. The judges ruled that the consumer has the right to terminate the contract due to the loss of the business basis (section 313 (3) sentence 2 of the German Civil Code) if the agreed range is undercut by more than half. In other words, the plaintiff could terminate without setting a deadline, since less than 50 percent of the agreed speed could be used.
- In a judgment of May 7, 2009, the Fürth District Court (file number: 340 C 3088/08) also ruled that the customer has a right of termination if the actual bandwidth is less than half. Here the court based the extraordinary termination on § 626 BGB, but in the end it makes no difference.
- The Munich District Court on November 7th, 2014 saw a similar view (Az .: 223 C 20760/14). According to the judges, the customer may terminate the contract due to the loss of the business basis if only 6 Mbit / s arrive permanently at an agreed bandwidth of up to 18 Mbit / s. The general terms and conditions clause do not stand in such a case.
- In addition to a right to extraordinary termination, you could even be entitled to compensation. For example, in its judgment of August 4, 2008 (Az .: 15 C 168/08), the Montabaur district court awarded a customer the extra cost of a DSL contract with another provider.
Internet law: not every case is the same
The judgments show that courts repeatedly decide in favor of consumers and in particular allow extraordinary dismissals if the bandwidth is too small. Nevertheless, there is still no supreme judicial case law and a clear legal situation.
- For this reason, you should first contact your provider and find a common solution if your DSL speed is too slow. To be on the safe side, check your bandwidth on different days at different times and log the results. It is important that you disconnect all other devices from the network and carry out the test via Ethernet. This is how the technician of your provider will measure your speed - but if the result is significantly different than yourself, in the worst case you have to pay for the technician yourself.
- If your bandwidth (if measured correctly) remains permanently below the promised values, you can consider extraordinary termination - based on § 626 BGB or § 313 Abs. 3 S. 2 BGB. You can find suitable templates for free download from us. Under no circumstances simply stop payments to your provider.
- However, whether your provider accepts the termination and whether it is justified always depends on the individual case. It is therefore best to contact a lawyer with your measurement results and the contract documents before you give notice of termination or take further action.
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