But you know. Some people. They do things that are not intended. They’re not supposed to. But they do it anyway. Maybe that’s a difficult concept to grasp for a German. But take my word for it when I say that some people do those things.
Still no reason to cancel already ongoing things plus its not legal to withold refunds.
And you keep claiming that its illegal for companies to cancel someone’s account as consequence. Please show me the EU guideline stating that. If you can’t. Please shut up and realize you don’t know shit.
In the European Union, whether a company can cancel all contracts because one has failed depends on the specific circumstances of the contracts and the terms they contain. Generally, EU law prioritizes contractual freedom, meaning that the terms of the contract will usually dictate the rights and responsibilities of the parties involved.
However, there are principles and directives at the EU level that can influence such decisions, particularly in terms of consumer protection and business-to-business relations. For instance:
Principle of Proportionality: The decision to cancel all contracts must be proportionate to the breach or failure. This means the action taken (cancelling all contracts) should not exceed what is necessary to protect the legitimate interests of the party seeking to cancel the contracts.
Directive on Unfair Terms in Consumer Contracts (93/13/EEC): This directive protects consumers against unfair terms that create a significant imbalance in the parties’ rights and obligations. If the contracts are with consumers, and the term allowing for the cancellation of all contracts due to one failing is deemed unfair, such a term might be considered invalid.
Rome I Regulation (EC No 593/2008) on the law applicable to contractual obligations may also be relevant. This regulation governs choice of law in contracts and may influence the enforceability of terms across different EU member states.
If the contracts are interrelated (e.g., if they are part of a framework agreement or if the performance of one contract depends on the performance of the others), the cancellation of all contracts might be justified under certain conditions. However, each case must be evaluated based on the specifics of the contracts and the nature of the breach.
In practice, a unilateral decision to cancel all contracts because of one failure without a clear contractual basis or justifiable reason can lead to legal disputes, potentially involving claims for damages or enforcement actions.
For specific legal advice and the most accurate and up-to-date information, consulting a legal professional who specializes in EU contract law would be necessary.
Specified for Consumer contracts
For business-to-consumer (B2C) contracts within the European Union, the consumer rights are particularly protected under various EU directives and national laws that aim to ensure fairness and transparency. Here are some key points and directives relevant to B2C situations, where a business considers canceling all contracts because one contract failed:
Directive on Unfair Terms in Consumer Contracts (93/13/EEC): This directive is especially important in B2C contracts. It aims to protect consumers against unfair terms in a contract. For example, a clause that allows a business to cancel all contracts if one fails could be considered unfair if it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer. If a term is deemed unfair, it will not be binding on the consumer.
Consumer Rights Directive (2011/83/EU): This directive provides consumers with rights regarding transparency and information requirements for contracts. It ensures that consumers are adequately informed about the terms of the contract and the consequences of any breaches. It also includes rules on the right of withdrawal, which could be relevant in situations where contracts are being canceled.
General Principles of EU Law: Principles such as good faith and proportionality also play a role. These principles can influence the interpretation of contractual clauses, potentially impacting whether a business can cancel all contracts based on the failure of one.
In practical terms, a clause that allows a business to terminate all contracts with a consumer because one contract has failed would likely be scrutinized under the directive on unfair terms. Such a clause could be considered disproportionate and unfairly punitive to the consumer, thus risking being declared void.
In case a business seeks to implement such a drastic measure, it would need to:
Ensure that the terms allowing such actions are clearly stated in the contract in a transparent and understandable manner.
Demonstrate that such terms are not creating an imbalance that harms the consumer.
Consider whether there are any specific circumstances under the particular contract or national laws that may allow or prevent such actions.
For consumers faced with a situation where a business is attempting to cancel all contracts, it would be advisable to:
Review the contract terms carefully.
Seek advice from consumer protection organizations or legal professionals.
Check if national consumer protection agencies or European Consumer Centres can provide assistance or guidance.
Legal routes could also be considered, such as lodging complaints with relevant authorities or pursuing legal action if consumers believe their rights have been violated. In every case, the specific contract terms and the legal context will be crucial in determining the outcome.
(for clarification, i used a LLM for the explanation in non legal speach the facts are correct)
What you link still does not make it illegal for a company to ban your account if you try to defraud them.
There are many situations where your right for a refund is expired. Most commonly. After a certain time. I can’t refund my purchase of CS 1.6. It’s not illegal for Valve to refuse my refund for that game.
And despite the query you sent chatGPT None of its answers point to an actual law that says it’s illegal for a service to cancel your account if you endadge in defraudment.
It’s not unreasonable to agree to losing the right to use a service if you attempt to defraud said service. That’s not an unfair stipulation in a ToS.
Let me know when your successful lawsuit comes through. Good luck on that.
for a company to ban your account if you try to defraud them
You’re completely missing the point. If you have a contract broken on you, a chargeback is a completely legitimate mechanism to recoup funding as the contract was breached. It is not fraud to do this.
Still no reason to cancel already ongoing things plus its not legal to withold refunds.
In the European Union, whether a company can cancel all contracts because one has failed depends on the specific circumstances of the contracts and the terms they contain. Generally, EU law prioritizes contractual freedom, meaning that the terms of the contract will usually dictate the rights and responsibilities of the parties involved.
However, there are principles and directives at the EU level that can influence such decisions, particularly in terms of consumer protection and business-to-business relations. For instance:
Principle of Proportionality: The decision to cancel all contracts must be proportionate to the breach or failure. This means the action taken (cancelling all contracts) should not exceed what is necessary to protect the legitimate interests of the party seeking to cancel the contracts.
Directive on Unfair Terms in Consumer Contracts (93/13/EEC): This directive protects consumers against unfair terms that create a significant imbalance in the parties’ rights and obligations. If the contracts are with consumers, and the term allowing for the cancellation of all contracts due to one failing is deemed unfair, such a term might be considered invalid.
Rome I Regulation (EC No 593/2008) on the law applicable to contractual obligations may also be relevant. This regulation governs choice of law in contracts and may influence the enforceability of terms across different EU member states.
If the contracts are interrelated (e.g., if they are part of a framework agreement or if the performance of one contract depends on the performance of the others), the cancellation of all contracts might be justified under certain conditions. However, each case must be evaluated based on the specifics of the contracts and the nature of the breach.
In practice, a unilateral decision to cancel all contracts because of one failure without a clear contractual basis or justifiable reason can lead to legal disputes, potentially involving claims for damages or enforcement actions.
For specific legal advice and the most accurate and up-to-date information, consulting a legal professional who specializes in EU contract law would be necessary.
Specified for Consumer contracts
For business-to-consumer (B2C) contracts within the European Union, the consumer rights are particularly protected under various EU directives and national laws that aim to ensure fairness and transparency. Here are some key points and directives relevant to B2C situations, where a business considers canceling all contracts because one contract failed:
Directive on Unfair Terms in Consumer Contracts (93/13/EEC): This directive is especially important in B2C contracts. It aims to protect consumers against unfair terms in a contract. For example, a clause that allows a business to cancel all contracts if one fails could be considered unfair if it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer. If a term is deemed unfair, it will not be binding on the consumer.
Consumer Rights Directive (2011/83/EU): This directive provides consumers with rights regarding transparency and information requirements for contracts. It ensures that consumers are adequately informed about the terms of the contract and the consequences of any breaches. It also includes rules on the right of withdrawal, which could be relevant in situations where contracts are being canceled.
General Principles of EU Law: Principles such as good faith and proportionality also play a role. These principles can influence the interpretation of contractual clauses, potentially impacting whether a business can cancel all contracts based on the failure of one.
In practical terms, a clause that allows a business to terminate all contracts with a consumer because one contract has failed would likely be scrutinized under the directive on unfair terms. Such a clause could be considered disproportionate and unfairly punitive to the consumer, thus risking being declared void.
In case a business seeks to implement such a drastic measure, it would need to:
For consumers faced with a situation where a business is attempting to cancel all contracts, it would be advisable to:
Legal routes could also be considered, such as lodging complaints with relevant authorities or pursuing legal action if consumers believe their rights have been violated. In every case, the specific contract terms and the legal context will be crucial in determining the outcome.
(for clarification, i used a LLM for the explanation in non legal speach the facts are correct)
What you link still does not make it illegal for a company to ban your account if you try to defraud them.
There are many situations where your right for a refund is expired. Most commonly. After a certain time. I can’t refund my purchase of CS 1.6. It’s not illegal for Valve to refuse my refund for that game.
And despite the query you sent chatGPT None of its answers point to an actual law that says it’s illegal for a service to cancel your account if you endadge in defraudment.
It’s not unreasonable to agree to losing the right to use a service if you attempt to defraud said service. That’s not an unfair stipulation in a ToS.
Let me know when your successful lawsuit comes through. Good luck on that.
I think im arguing against a bot, I’ll stop here, I’ve proved my point enough.
You’re completely missing the point. If you have a contract broken on you, a chargeback is a completely legitimate mechanism to recoup funding as the contract was breached. It is not fraud to do this.
Says you. I’m pretty sure they have a completely different opinion regarding this being a breach of contract.
But I’m sure you know better. Because you read the entire ToS before clicking “I Agree” right?