The mobile provider Simplytel (along with Victorvox, Telco and Alphatel a subsidiary of Drillisch AG ) represents not only an "administration fee" per month, 1.79 euros for long non-use of its SIM cards in account, but booked very crafty shortly after the termination of a so-called card deposit of 29.65 EUR by the account from its customers, which will only be refunded if the customer in its possession SIM card at least 3 weeks undamaged after contract expiration sends back. Thanks to the fantastic Conditions clause XIII / 7, that amount can not therefore be retained only if at uninsured shipping the returned SIM card allegedly is not important. No, the pledge cards may be withheld if the SIM card was sent back in time, but which under normal use due to use traces as small scratches. Also: What about my per-sonal data (phonebook, SMS) on the SIM card? You might even be restored from my hand without Simply problems after conventional quenching. I would therefore depend on a simple return. My letter to this effect at Simply:
PS: I would also recommend that in an optional termination to Simply Mail ( kuendigung@simplytel.de ) simultaneously revoke the direct debit explicitly. Simply stating the customer number and telephone number of the contract or get that as well by fax to Drillisch (06181/412183).
Update 1 July 2010:
Simply put, despite my letter to the SIM card a deposit from my account. I immediately canceled the charge. After three reminders and a new notice on my part on the above posted letter I received today the following, somewhat cryptic message by e-mail:
order for the matter most be done. On a legal dispute involved with me, would also become a bit hot. A defeat for the Communication GmbH Simply alias Drillisch AG had perhaps the entire rip-nice concept with the SIM card deposit ripped into the grave.
Ladies and Gentlemen,
at the termination of my contract on your appropriate web form me is your reference to the desired return my SIM card and the related, struck by you, apparently subsequently uplifting and therefore immoral SIM card deposit. With the relevant clause XIII / 7 of your terms of contract was not expected. Normally, the SIM card at the latest after the agreement expires the property of the subscribers, as it later anyway unusable for other contracts. Thus, it is a so-called "surprising" clause which allows, in accordance with § 305 para 1 BGB c the clause XIII / 7 of your terms and conditions are ineffective. I would therefore strongly advise against you, such pledge to . Collect Otherwise, you should expect not only with a paid cancellation of the debit, but also with a criminal complaint for unethical behavior, and relating thereto as fraud.
The announced "mortgage" fee is also a disguised deactivation fee dar. veiled it, the fact that the customer is apparently the repayment of the fee allows your company in speculation but obviously the negligence of the customer. Reliable evidence provided by the fact that the "liquidated damages" should be booked in advance from the account. This is despite the emergence of real damage in the amount of 29.65 EUR for the loss of invalid SIM card more than improbable. Thus, it is therefore in effect been a refundable deactivation fee. Deactivation charges were, however, the Supreme Court declared illegal (AZ: 199/01 ZR III).
If, notwithstanding the return of the SIM card demand, I have made but, conversely, that you ask me no later than two weeks before the return deadline, the technical means for you to wipe my personal data on your SIM card. I speak of technical means to make it impossible to restore my personal data without damaging the card, since damage would be according to their terms may have a value reducing property damage. Even if the SIM card actually still in your property, my personal data on your company's property under any circumstances.
I also put you in advance for postage and handling costs of EUR 7,00 for the return insured shipping charge. Please transfer the sum of at least two weeks before the return deadline on your known account! This might also free for you, timely collection of the SIM card by a person authorized by you. Take advantage of none of these will void the you have laid claim to return the SIM card, as stated in your terms of nowhere, that I return the SIM card was carried out at my expense. A return of the SIM card would be at the expense of the customer also will definitely be an unfair disadvantage.
An alternative would be to issue a decision-supply order, the SIM card. That I put you in advance if the amount of EUR 50.00 be charged, since you could probably make a subsequent misuse of the SIM card derivative liability claims asserted against me and I may therefore qualified for the destruction of the SIM card Consult a professional needs.
As a last resort, I offer you my pledge to the SIM card specifically. This requires a written confirmation of this assignment required. The assignment can be done informally.
Sincerely
PS: I would also recommend that in an optional termination to Simply Mail ( kuendigung@simplytel.de ) simultaneously revoke the direct debit explicitly. Simply stating the customer number and telephone number of the contract or get that as well by fax to Drillisch (06181/412183).
Update 1 July 2010:
Simply put, despite my letter to the SIM card a deposit from my account. I immediately canceled the charge. After three reminders and a new notice on my part on the above posted letter I received today the following, somewhat cryptic message by e-mail:
"to your letter is to inform you that we are a gesture of goodwill and without acknowledging any legal obligation to calculate the likely SIM card and the reminder to have created.
The credit will be charged internally with the terminated account.
We hope your concerns have done in your interest.
Sincerely
your team simply "
order for the matter most be done. On a legal dispute involved with me, would also become a bit hot. A defeat for the Communication GmbH Simply alias Drillisch AG had perhaps the entire rip-nice concept with the SIM card deposit ripped into the grave.
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