The Higher Regional Court (OLG) Schleswig has decided that a mobile
customer's bill in the amount of € 11,500 must pay not (ref. 16 U
140/10). Based on the installed together with the contract had started
selling mobile navigation software for initial setup and creates a map
updating so within 20 days before the first invoice cost of nearly
11,500 euros.
The Court of Appeals dismissed the complaint of the mobile provider to
receive payment of the invoice. He has violated the contractual
obligations, the fee for using the Internet not stand him so. The sale
of the mobile phone to warn of the costs not the case, was a breach of
good faith. The customer was entitled to assume that the pull start
automatically update the maps after the purchase of any other costs.
Soft, the seller on this, he said that, what was but did not happen.
Instead of the required 11 500, the customer only had to pay € 35.93 for
other services.
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