However, the inherent non-binding nature of the estimate does not mean that it can be exceeded indefinitely without any consequences. Significant overstepping of the pricing guidelines can result in two consequences:
Information obligation for service providers
As soon as a substantial increase in the cost is foreseen, the service provider should inform the customer immediately. This gives the latter the opportunity to decide whether to continue the contract at a higher price. In this case, the maximum expected exceedance should be contractually stipulated so that it doesn’t become a vicious cycle of new exceedances.
Extraordinary right of termination for customers
The customer’s option to terminate the contractual relationship. This step should be taken if the service provider has intentionally exceeded the cost estimate, failed to comply with information obligations, or if the additional costs could have been avoided. In these cases, customers should seek legal advice as to whether or not they can terminate their contract. In the event of this occurring, the service provider can only claim remuneration corresponding to work already performed, plus any expenses not yet reimbursed.