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Withdrawal from energy and water supply contracts by the consumer

Caution

In general, these rules also apply to entrepreneurs from EU Member States in Austria.

The following rules only apply to contracts in which the supply of an unspecified quantity or an unlimited volume of, for example, water, electricity, gas or district heating has been agreed.

If the consumer withdraws from such a contract after the online shop operator has already started to provide the service, he/she must pay a proportionate amount for the service already provided. The proportionate amount to be paid is calculated on the basis of the total price agreed. Withdrawal is possible only within the withdrawal period.

Please note

However, the consumer only has to pay a proportionate amount for the provision of a service if he/she has expressly requested that performance of the contract is to begin before the expiry of the withdrawal period, and he/she has been informed of the existence of a right of withdrawal and the obligation to make a proportionate payment in the event of withdrawal.

In the event that the online shop operator has not informed the consumer of the existence of a right of withdrawal and the obligation to make a proportionate payment in the event of withdrawal, the consumer does not have to pay a proportionate fee even for services already provided in the event of withdrawal. The same applies if the consumer has not expressly requested that performance of the contract is to begin before the expiry of the withdrawal period.

Legal basis

Fern- und Auswärtsgeschäfte-Gesetz (FAGG)

Translated by the European Commission
last update: 16 February 2021

responsible for content: Federal Ministry of Justice

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