ANCOM reminds users of telephone and internet services of the rights and obligations they have when they want to give up a contract, in the context of the frequent complaints received by the Authority from users encountering difficulties in this process. Telephone and internet contracts usually have an initial duration, and termination before its expiry may entail penalties. However, in the case of distance or off-premises contracts, one can withdraw from the contract within 14 days from the date of its conclusion, without paying any penalties.
Termination of contracts concluded in the providers'/partners' stores
Once the contract has been concluded (by handwritten or electronic signature) in a provider's store, its provisions become binding on both the user and the provider.
When they want to terminate their phone/internet service contract, users are advised to check the following:
- whether the initial contract duration has expired, in which case no penalties will be charged for the termination of the contract;
- whether penalties apply in the event of termination of the contract before the expiry of the initial period and what they are or how they are calculated;
- the term and methods by which a contract termination request can be submitted, as well as the term within which the contract termination becomes effective (for example, 30 days from the date of submission of the request).
It is possible that, following direct negotiation, the provider will accept the contract termination under conditions other than those stipulated in the contract.
Important! For contracts signed in a provider’s store, the law does stipulate a "grace" period from the signing date, i.e. for its termination without the payment of early termination penalties.
Further details about the termination of contracts for the provision of electronic communications services are available on the ANCOM InfoCenter, in the Telephony and Internet sections.
Termination of and withdrawal from distance contracts (e.g. concluded by telephone or online applications) or off-premises contracts
ANCOM reminds users that, before concluding a distance/an off-premises contract, they must receive a certain set of information (e.g. the identity of the operator, the main characteristics of the services and products to be contracted, the total price of the services and products, the conditions of delivery and return of the purchased equipment, etc.), in a clear form, easy to read and on a durable medium (e.g. on paper, by e-mail, by fax).
In the case of such contracts, users have the right to withdraw from the contract, without invoking any reason, within 14 calendar days from the date of conclusion of the contract.
If the main purpose of the contract is the purchase of equipment (phone, tablet, PC, etc.), the 14-day term of is calculated from the date of receipt of the equipment.
If users request withdrawal from a contract under the above conditions, they do not have to pay penalties for early termination of the contract. On the other hand, users may have a series of obligations – as the case may be – such as: returning to the provider the product purchased once with the services or paying for the services used until the date on which they notified the provider that they wished to withdraw from the contract.
Important! The right of withdrawal from a contract applies only to distance contracts or to off-premises contracts, the user having the obligation to prove that he/she has requested withdrawal from the contract within the 14-day term.
After the expiry of the withdrawal period, any request for contract termination can be made under the conditions of the concluded contract – i.e., usually, upon payment of penalties, if the initial contract duration has not expired.
More details about withdrawal from contracts for the provision of electronic communications services concluded remotely are available on the ANCOM InfoCenter, in the Telephony and Internet sections.
Information for complainants
Users encountering problems regarding contract termination or withdrawal from distance contracts /off-premises contracts must first contact their providers. If they have not been informed about the right of withdrawal from a distance contract or from an off-premises contract, or if their withdrawal requests have not been processed by the provider, users can contact ANCOM here.
Issues related to the value or calculation of penalties charged for early termination of contracts may be brought in front of the National Authority for Consumer Protection and, as the case may be, in front of the courts.
