Mandatory contract for telecommunications house connection

Hello everyone,

I want/must have a telephone connection installed by Deutsche Telekom in the new house. I requested and signed back the relevant documents for the house connection from the Telekom home builder advisory service. So far, so good.

Now someone from the home builder advisory service called me today and said that the documents are OK, but they will only be further processed if I also sign a telephone/DSL/TV contract. I should call a specific phone number in sales for this.

Now I am quite surprised that you can ONLY get a house connection if you also sign a telephone contract! Is that allowed? This is not mentioned in the contract documents for applying for the house connection.

Of course, Telekom also wants to make money from me after the house installation, but they would do that anyway, since every other telephone provider must pay rent for the line.

Is it regulated anywhere whether Telekom can force me into a telephone contract? Does anyone know exactly and can name suitable regulations/laws that I can use in the discussion with the home builder service?

Thanks and best regards, klblb

Addendum: In the flyer of the Telekom home builder advisory service (which you can google with these terms), it does not mention a contractual obligation. It only states that after the house connection has been made, a sales representative will contact you and, if interested, you can sign a telephone contract.

No, Telekom must install the line for you even without a contract. It works fine for us, we will use Internet/phone via Unitymedia and have a satellite dish for TV. So far, no sales representative has contacted us either - but we are only moving into the new house in April.

Hello, I know the discussions. We solved it by ordering a standard telephone connection (analog), which only has a 6-day cancellation period. The advantage is that Telekom actually activates the connection, you will get a phone number or keep your old one, and they only disconnect when everything is running. This avoids ticket ping-pong between the providers and I've heard that Telekom is... well, let's say, not very enthusiastic when working on the network for other providers.

The 30€ is definitely worth it to me. After that, you can immediately commission the provider you want to take over the connection, 6 days should be bearable in a new build.

Best regards,
Christian

Telekom no idea, but Unitymedia for example states a price, e.g. 900 euros for the installation and grants a discount of 400 euros when signing the contract. At least that was roughly the offer we received.

Maybe it will help you in the argument.

I would find it rude if they don’t do it at all. Possibly it is just more expensive without a contract.

Telekom offers the connection independently of a contract, there are no cheaper prices even when signing a contract. With Unitymedia, it depends on whether and what kind of contracts you conclude. I wouldn’t even get involved in discussions in the first place.

Hello,

Is it regulated anywhere whether Telekom can force me into a telephone contract?
Does anyone know exactly and can name appropriate regulations/laws that I can use in the discussion with the construction service?

So far, you give me a sober and factual impression – don’t let yourself be intimidated.

Telekom is losing customers by the droves; from my point of view, it is therefore understandable that their customer advisors come up with a “suitable” argumentation to restrict this in the future. However, that does not mean that it would be legal. There is surely a reason that you were only “called” by phone; I assume you were not asked whether the call may be recorded for statistical purposes?

To me, the whole thing sounds like a tying transaction:

1. Term: also tying obligations. Obligation of a contracting party to additionally accept another – usually unwanted – good or service besides the actually desired good (tying product), which neither factually nor customarily belongs to the desired good (tied product). The tying can be caused by coercion (especially under pressure from a market-dominant provider of the tying product) or by price incentives. Tying transactions can lead to the exclusion of competitors from the market for the tied product and restrict the economic freedom of movement of the party thus contractually bound.

2. Competition law assessment: tying transactions generally violate the prohibition of § 1 GWB and Art. 101 I TFEU. Tying in vertical relationships may be exempted from this prohibition according to the Vertical Block Exemption Regulation, if the supplier’s market share in both the tying product and the tied product does not exceed 30 percent. Furthermore, possible abuse of a dominant market position (§ 19 I, II No. 2 GWB) as well as possible violation of the prohibition against unwilling obstruction of other companies by dominant or market-strong providers (§§ 19 I in conjunction with II No. 1, 20 I GWB).

Source: Gabler, Economic Encyclopedia

Have you noted down the name of the customer advisor, the time and content of the call briefly? Then write a letter – preferably ERSch – stating that you do not wish to expand the ordered house connection and refer to Telekom’s own flyer. Then let them come ...

Rhenish regards