Short answer: If you concluded a contract by phone in Germany as a consumer, you generally have a 14 day right of withdrawal under § 355 BGB (German Civil Code). The withdrawal must be declared to the trader, it does not need a reason, and sending it in time is sufficient to meet the deadline. Last updated: November 2026.
A contract agreed on the phone often feels binding in the moment. Many students and young professionals only realise later that they never wanted the mobile plan, the magazine subscription or the energy tariff. Whether you can get out of the contract depends on how it was concluded, whether you received the required information and how quickly you act.
The most important points
- A contract concluded by phone is generally a distance contract, to which a right of withdrawal applies.
- The withdrawal period is 14 days. It generally starts with the conclusion of the contract, unless something else is determined.
- The withdrawal must be declared to the trader. It does not need a reason.
- Sending your withdrawal in time is enough to keep the deadline.
- Unsolicited advertising calls without prior express consent are considered an unreasonable nuisance under German law.
When does the right of withdrawal apply to a phone contract?
A distance contract exists when the trader and the consumer use means of communication for negotiation and conclusion that do not require both parties to be physically present at the same time. The law expressly lists telephone calls as such a means of distance communication. A contract concluded during a phone call with a sales representative therefore generally falls under these rules.
What matters is not whether the contract was agreed during a conversation, but whether you acted as a consumer and whether the trader offered the contract within an organised distance selling system. Business purchases are not covered by consumer protection. Contracts in certain sectors, such as energy, can be subject to additional requirements. The consumer advice centre can help you clarify which rules apply to your specific contract.
| Situation | Right of withdrawal | Classification |
|---|---|---|
| You concluded a private contract by phone | generally yes | distance contract, 14 day period |
| You act as a self-employed business owner | generally no | consumer protection does not apply |
| The trader called you without being asked | withdrawal right exists, and the advertising itself may be unlawful | express consent is missing |
How does the 14 day withdrawal period work?
Under § 355 para. 2 BGB, the withdrawal period is 14 days. It generally begins with the conclusion of the contract, unless something else is determined. For distance contracts it is also important whether the trader informed you properly about your right of withdrawal. If the information was missing or incorrect, the period may start later. Do not rely on this, however. Act within the 14 days wherever possible.
An example for illustration: Assumption: you conclude a contract by phone on Tuesday, 3 November 2026. The period then ends 14 days after that date, on 17 November 2026. You should therefore send your withdrawal no later than that day. If in doubt, act earlier.
How do you word the withdrawal correctly?
A withdrawal does not have to be long. What matters is that your declaration makes clear that you withdraw from the contract. No reason is required. Name the contract as precisely as possible, including the date of conclusion, the contract number if you have one and your customer number. State that you withdraw from the contract and ask for confirmation of receipt.
- Note the date of the call and the name of the provider, if you know it.
- Write a short withdrawal with the contract number and date.
- Send it by e-mail or letter, and keep proof that you sent it.
- Save the provider’s confirmation and check whether any payments were collected.
Proof that you sent the withdrawal in time is your most important document. Keep a copy, the date and the way it was sent.
Unsolicited calls: when a contract should never have been concluded
Many phone contracts come about because a call was unwanted. Under § 7 para. 2 no. 1 UWG (Unfair Competition Act), advertising by telephone call to a consumer counts as an unreasonable nuisance unless the consumer has given prior express consent. You can rely on this prohibition if you were called without asking for it and never agreed.
Be particularly careful when you were promised a free offer by phone that later turns out to cost money. In such cases a withdrawal can be combined with a complaint to the consumer advice centre. Write down the date, the time, the phone number and the content of the call as far as you know them.
What to expect after the withdrawal
After a withdrawal, the contract and the services exchanged under it must be unwound. If the provider has already collected amounts, you can generally ask for the money back. Whether costs apply for services already provided depends on the contract and the statutory rules. Do not let yourself be pressured on this point. If the provider does not accept your withdrawal, contact the consumer advice centre.
If direct debits have already been collected, check in parallel whether you can reclaim them. Our guide to direct debit objections explains that process. Online purchases often follow different deadlines, which the article on withdrawal rights for online purchases explains.
Frequently asked questions
Can I still withdraw from a phone contract after a week?
Yes, as long as the 14 days have not yet passed and you have a right of withdrawal. What matters is that your declaration is sent in time. If you wait too long, the period can expire, so send your withdrawal early.
Do I need to send the withdrawal by registered mail?
The law does not require a reason and treats timely sending as sufficient. Registered mail is not mandatory, but it gives you better proof. An e-mail with a confirmation of receipt is also a useful record.
Does the right of withdrawal apply to electricity or mobile contracts?
That depends on the individual case. In principle, phone contracts can fall under distance selling rules in many areas. Energy contracts have additional rules. The consumer advice centre can give you a reliable answer.
What if the provider did not give me the required information?
Then the withdrawal period may start later. That does not change the fact that you should act as soon as possible. Check the documents you received and ask a consumer advice service to review them if you are unsure.
Can the provider charge me costs?
Whether costs apply depends on the contract and the statutory rules. Ask for any demand to be explained in writing before you pay.
Where can I find more help on consumer rights?
The consumer advice centres are a good first point of contact. The guide on consumer rights in everyday life (in German) also provides further information.
So what should you do now?
- Check the date of the call and the details in the contract or in the confirmation e-mail.
- Write a short and clear withdrawal with the contract number and date.
- Send the withdrawal within the 14 days and keep proof.
- Check whether payments have been collected and, if needed, follow the guide on direct debits (in German).
Related reading
- Consumer rights in everyday life: protection against fraud and unfair contracts (in German)
- Withdrawal right for online purchases: which deadlines you must meet (in German)
- Direct debit objection: how to get your money back (in German)
- Cancel an online subscription: what the cancellation button requires (in German)
- Debt collection letter received: what to check before you pay (in German)
Sources: § 312c BGB: distance contracts (gesetze-im-internet.de, German), § 355 BGB: right of withdrawal in consumer contracts (gesetze-im-internet.de, German), § 7 UWG: unreasonable nuisance (gesetze-im-internet.de, German)
Last updated: November 2026. This guide is general information, not individual advice.
