“Unlimited data volume” promised the collective “allnet Flatbase all-in”, but actually looked after one consumed monthly volume of 500 MB, a throttling at 56 kbit / s before. For the Landgericht Potsdam performance is thus reduced to almost zero.
E-Plus should not drastically limit a wireless service plan offered with “unlimited data” when a limit is exceeded. The now decided the district court Potsdam.
Mobile Internet (image: Shutterstock / Peshkova)
The court declared thus a contractual clause the tariff “allnet Flatbase all-in” invalid, which provides a reduced to only 56 kbit / s transmission rate after a spent monthly volume of 500 MB. That amounts to a virtually reduced to zero power is equal, chose the 2nd Civil Chamber of the District Court and was thus an action of Verbraucherzentrale Bundesverband (VZBV) against mobile operators instead.
The disputed provision in terms disadvantaged accordingly the contractors so inappropriate that the purpose of the contract is compromised.
The judges credited against the defendant company that a reduction of previously maximum 21.6 Mbit / s corresponds to the GPRS rate of only 56 kbit / s throttling to 0.002 times the high-speed velocity described, making it 500 times slower than this. In the court’s opinion it not only refers to what is known of the public, but also on findings from our own experience.
In her ruling (PDF), the Chamber concluded that a reduction in speed of the 500-fold or less a “Not-to-available-position of Internet use” means. Finally, it is taken for granted today, via mobile Internet access to need large amounts of data for the transmission of video, photos and music, the use of apps that communicate with messengers like WhatsApp and access to social networks like Facebook and Instagram. By this are also expectations of a reasonable and appropriate speed to measure if of the speech is “Data volume unlimited”. The term “data volume” to connect a today’s usage patterns corresponding high data transfer speed.
“The Internet can be practically no longer used in this snail’s pace”, it brought VZBV-Legal Officer Heiko arrogance to the point. “For many customers, the data rate is crucial to use, for example, news and music streaming services or communicate via social networks.”
The court also rejected another clause with which exited E-Plus, the in its sole discretion to refuse use of the mobile line for international calls and paid service numbers – despite a limited range of the order of these customers should however remain valid. So that consumers would be bound for two years on a contract, according to the decision, which he had so may not be completed.
[with material by Bernd Kling, ZDNet.de]
No comments:
Post a Comment