Reader question: How do I distinguish a price change in the special contract from a higher instalment and how do I plan a possible exit in good time?
Your electricity supplier announces higher payments. On the first page there is a new monthly instalment; only later do you find a different consumption price. For your German household special contract these are two different questions: Is consumption being prepaid differently or is the contractual price changing?
This article deals with a unilaterally announced price change in the existing special contract. A dynamic tariff with an already agreed varying price and the special basic supply rules are not treated here as the same in general.
Make the affected price component visible
Put contract, price sheet, price-fixing clause and notice of change together. Note previous and new standing or consumption prices with start date. Check whether gross or net amounts and the same units are shown on both pages.
A price guarantee must be read according to the Federal Network Agency’s explanation in terms of its concrete scope and period. It can be limited to certain components. [BNetzPreis] From the advertising word alone therefore neither a reliably effective increase nor its reliable exclusion follows.
Check the information obligation
§ 41 paragraph 5 EnWG requires comprehensible information about the change and termination rights when exercising a reserved unilateral right to change. For household customers an intended price change must be notified at least one month in advance, with reason, conditions and scope. [EnWG41]
Secure complete notice and proof of receipt. A generally positive covering letter can contain legally material changes. If the declaration appears late or incomprehensible, describe the specific deviation and have the consequences examined. This article does not automatically declare every defective notification to be without consequence for a particular period.
Trace the effect on your own budget
For an arbitrarily chosen example case a consumption price rises from 0,30 Euro to 0,35 Euro per kilowatt hour; the standing charge remains unchanged. With an also arbitrarily assumed 3.000 kilowatt hours for a full year this difference alone results in 150 Euro additional costs. This is a model calculation, not a consumption forecast or current price recommendation.
A new instalment can deviate from this amount because it is calculated with its own consumption assumptions and payment periods. Do not therefore make the price decision solely on the basis of the requested monthly payment. If an instalment change is unclear, ask for the basis used for it.
State a special termination concretely rather than incidentally
If the supplier exercises a corresponding change right, § 41 paragraph 5 allows termination without compliance with notice periods to take effect with the changes and without separate remuneration for this. Paragraph 6 contains limited exceptions, among other things for the unchanged pass-through of legally amended VAT rates and certain minor burdens. [EnWG41]
Therefore have the actual reason for the change assigned. The statement “Any change of any levy always triggers the same termination right” would be too broad. Conversely, an increase generally described as a change of levy should not be accepted as an exception without examination.
The Federal Network Agency recommends in the case of a special price termination to make your own timely declaration to the previous supplier so that receipt is secured. [BNetzPreis] A mere request to a potential new supplier does not yet confirm that the special termination route has been used effectively and in time.
Link exit and further supply
Decide deliberately between continuation, legal objection and a checked exit. If you wish to switch, clarify the confirmed contract end and the actual start of the new supply. This article does not promise a blanket follow-up solution or a particular cheaper tariff.
Keep termination, confirmation and final consumption data for the final invoice. If the effectiveness of a change or termination is disputed, also have ongoing payments assessed. An unauthorised complete payment stop is not hereby confirmed as a substitute for the specific contractual questions.