Is the heater leaking? Is the roof leaking? If you need a craftsman, you often need him quickly. So it makes sense to choose the short official route via Messenger. But is the order legally binding?
Berlin – It’s better to type a quick message than to call it: Many people like to use messenger services both in their private and professional lives. Because that’s actually always possible – whether in the overcrowded train or with poor reception.
But with some agreements, communication via Whatsapp, Threema, Signal and Co. feels strange – for example when it comes to hiring craftsmen. Is there a plausible legal reason for this?
Not really. Because there are no legal formal requirements for contracts for craft services, says Thomas Lapp, specialist lawyer for information technology law and member of the executive committee of the IT law working group of the German Lawyers’ Association (DAV). Such contracts could therefore be concluded in a legally binding manner both verbally and in writing – i.e. also by messenger service or e-mail.
The only important thing is that there are two matching declarations of intent, says Carolin Semmler, in-house lawyer at the NRW consumer advice center. This means that the craftsman has to make an offer that the customer accepts.
There are only differences from a data protection point of view
It is irrelevant whether the communication is a text or voice message. Both are possible for the legally secure conclusion of a contract. In case of doubt, the recorded voice message is even better. In the event of discrepancies in court, this could have greater probative value, says Thomas Lapp. The reason: the voice can be evaluated as an individual characteristic.
Which messenger service users use for their agreements is up to them. Because the medium also plays no role in the legally binding effect.
At most, for data protection reasons, it can make sense to compare the services with each other. The consumer advice center NRW has thoroughly examined some of the most common ones – the results can be found on their website.
Certain rules also apply to arrangements via messenger
Even if the form of the agreements via text or voice message is not decisive, there are some things that should be considered when exchanging information. Because agreements in messenger services are usually kept short and sweet.
“When concluding contracts via messenger services, make sure that the content of the contract is clear and unambiguous from the communication,” says Carolin Semmler. “If you phoned and made arrangements before communicating via the messenger service, then clearly include them in the text messages.”
Customers should be able to prove the agreements made in the event of a dispute. Carolin Semmler therefore recommends saving chat or mail histories or – if you want to be even safer – print them out. Because e-mails or messenger messages can easily be manipulated, it can also be helpful to involve other people in the communication. According to Thomas Lapp, this is how witnesses are created.
In principle, customers should always clarify in advance whether the contractual partner actually wants communication via messenger service or whether another channel is preferred, recommends Thomas Lapp.
Out of politeness, you should not switch from the initially selected communication channel to the messenger service without prior agreement. “Some people do not want to use Whatsapp for binding business communication and only read the messages sporadically,” says the lawyer.
Revocation is also possible via short message service
By the way: Not only the commissioning of a craftsman is possible via messenger service. A contract that has been concluded can also be successfully revoked using this communication channel. According to Carolin Semmler, even the revocation is not tied to any form.
“In the event of a dispute, however, you as a consumer must prove that you sent the cancellation in good time and that the declaration was received by the correct recipient.” The statutory cancellation period is 14 days from the conclusion of the contract.
In order for the company to be able to assign the revocation to the correct customer and the relevant contract, it is essential to include the most important contract data such as the contract and customer number.
In addition, consumer advocate Semmler advises saving the message for evidence purposes and also documenting the reaction of the recipient – for example with screenshots. “If in doubt, ask for a confirmation of receipt, which you can use to provide additional proof of access,” says Semmler.
But beware: not in every case there is a right of revocation for craftsman services. For example, anyone who expressly asks a company to visit them to carry out urgent repair or maintenance work is left in the dark.
In such a case, according to Thomas Lapp, the right of withdrawal only applies to services provided that the consumer has not explicitly requested and to delivered goods that were not necessarily required as spare parts for maintenance or repair. dpa
