Can I cancel the lease agreement?

Questioner

I signed a lease agreement with an estimated delivery date (first communicated via email: week 36, then week 44, and now 'somewhere in 2022' due to the global chip shortage and the factory being shut down). I communicated that I wanted the car as soon as possible, because I need it for work and I agreed to a 10-week delivery time before signing. After signing, this delivery date was postponed and for 2 weeks now it has not been clear when the car will arrive and whether it will arrive at all. In the meantime, I have (when the delivery time was moved from week 36 to week 44) asked for a temporary car. I have to purchase this at the same rate as the lease car (an A3 with all kinds of options and automatic transmission due to a limitation) of my choice, but the temporary car is a bare A1 (and therefore a number of classes lower and manual transmission). I agreed to this because this was the only option and this would actually only be for 2/3 weeks. In the meantime, it has become known that the car will not arrive in week 44 and I have cancelled the temporary car for the above reason and asked about the possibilities of an automatic transmission, there has been no response to this and in the meantime I can get a car elsewhere that can be delivered immediately. Because I now do not know where I stand with them, I wonder to what extent it is possible to terminate my agreement (possibly after I put the lessor in default and propose a reasonable period of 3 weeks to still deliver the car, if this does not work then I could terminate, according to the bovag conditions to which they are affiliated). I am not sure if the above is correct, as my lease agreement (general terms and conditions private lease quality mark) does not describe what my rights are in this situation; only that the lessor can terminate the lease agreement in this case (delivery not possible due to force majeure).

Lawyer

Unfortunately, companies often do not include the rights of the other party in the general terms and conditions. These are often written by and for the company itself. In the article about termination of the lease agreement I see indeed that it is almost exclusively about the leasing company. However, there is also the following sentence: The statutory dissolution options are further fully applicable Legally, an agreement can (in short) be terminated if it is not fulfilled, after a notice of default and a reasonable period of time. Actually, you already indicate a very nice progression in your question. You have concluded an agreement that the company cannot fulfill. The company is therefore in default. Now a notice of default could be sent in which the company is given a (reasonable) period to still fulfill the agreement. If you require legal assistance, please contact me.