Special right of termination

What is the special right of termination?

A special right of termination allows you to end a contract early and out of the ordinary – i.e. independently of the normal notice period and sometimes even during a minimum term. It applies when circumstances change fundamentally after the contract is concluded.

Typical cases are unilateral contract changes by the provider (especially price increases) or life circumstances that make the service impossible or unreasonable.

When does the special right of termination apply?

The most important cases in practice:

• Price increase: the provider raises the price – you can terminate out of the ordinary within a short period (often 1 month from notification).
• Move: for some contracts (e.g. local gyms, cable or internet connections), a move justifies out-of-term termination – if the service cannot be provided at the new location.
• Service not provided: the provider permanently fails to provide the service (e.g. repeated streaming or phone outages).
• Changed legal situation: if a use becomes illegal, the contractual basis often lapses.

This applies ONLY to price increases

The most common regulation concerns price increases. The provider must inform you in advance, and you can often cancel free of charge within a short period – even if there is a minimum term. Important: this period starts with the announcement of the price increase, not with the appearance of the new bill.

Careful with “automatic price adjustment”: if the contract contains a valid index clause from the start (price follows e.g. the consumer price index), there may be no special right of termination – a lawyer or the consumer advice centre can clarify this on a case-by-case basis.

How to terminate out of the ordinary correctly

With the special right of termination, proof is what counts. Without evidence of the trigger (price increase, move), the provider may reject your cancellation.

• 1. Secure evidence: keep the price increase announcement or the rental agreement with the move-out date.
• 2. Submit the cancellation in writing, referring to the reason (e.g. “due to the price increase of …”).
• 3. Meet the deadline: for price increases often only 1 month from the announcement – don't hesitate.
• 4. Request written confirmation of the cancellation – Fristen-Tracker reminds you to follow up on the pending confirmation.

When it does NOT apply

A special right of termination does not exist “just because”. Bad mood, a cheaper competitor offer or a price increase that was clearly agreed at the time of contracting do not justify an extraordinary termination. And: for many contracts (e.g. annual contracts), the special right of termination upon moving only applies if the service is actually unavailable.

If in doubt, the consumer advice centre helps free of charge – especially for large sums the call is worth it.