S.L. 399.48 Art. 91Contract duration and termination.

(1) Notwithstanding any provision of a contract entered into with a provider of a publicly available electronic communications service, an end-user shall in accordance with the provisions of this regulation, have the right at any time, to terminate the said contract through simple means acceptable to the Authority.

(2) Where an end-user decides to unilaterally terminate a contract for the provision of publicly available electronic communications services other than number-independent interpersonal communications services and other than transmission services used for the provision of machine-to-machine services prior to the expiry of the initial contractual period:

(a) any advance notice period in the contract requiring the end-user to inform the provider concerned about his intention to terminate the service shall not exceed one month; and

(b) any applicable charges due by the end-user for terminating the service prior to the expiry of the initial AND SERVICES (GENERAL)

contractual period shall be proportionate and reasonable:

Provided that the Authority shall take such measures as it considers necessary to ensure the effective application of the provisions of this sub-regulation.

(3) The Authority shall take such measures as it considers necessary to ensure that:

(a) conditions and procedures for contract termination are simple and do not act as a disincentive to changing a service provider; and

(b) contracts concluded between consumers and providers of publicly available electronic communications services other than number-independent interpersonal communications services and other than transmission services used for the provision of machine-to-machine services, do not mandate a commitment period longer than twenty four months, which period may be shortened by the Authority. In doing so the Authority shall ensure that there is always applicable a maximum contractual commitment period:

Provided that any such requirement shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments exclusively for deployment of a physical connection, in particular to very high capacity networks:

Provided further that an instalment contract for the deployment of a physical connection shall not include terminal equipment, such as a router or modem, and shall not preclude consumers from exercising their rights under this regulation.

(4) Sub-regulation (3), shall also apply to end-users that are micro-enterprises, small enterprises or not-for-profit organisations, unless they have explicitly agreed to waive those provisions.

(5) Where a contract or national legislation provides for automatic prolongation of a fixed duration contract for electronic communications services other than number-independent interpersonal communications services and other than transmission services used for the provision of machine-to-machine services, then after such prolongation, end-users may terminate the contract at any time by giving thirty days prior notice and without incurring any costs except the charges for receiving the service during the notice period and any applicable reasonable and justified charges in connection with unreturned loaned equipment:

Provided that before the contract is automatically extended, providers shall inform end-users, in a prominent and timely manner and on a durable medium, of the end of the contractual commitment and of the means by which to terminate the contract. In doing so providers shall give end-users best tariff advice relating to their services.

(6) Providers of publicly available electronic communications services other than number-independent interpersonal communications services and other than transmission services used for the provision of machine-to-machine services shall provide end-users with best tariff information at least annually:

Provided further that the Authority may from time to time issue guidelines to providers on the provision of best tariff advice and information related to their services.

(7) Where an end-user has the right to terminate a contract for a publicly available electronic communications service, other than a number-independent interpersonal communications service, pursuant to this regulation or to other provisions of European Union or national law, no compensation shall be due by the end-user other than for retained non-loaned subsidised terminal equipment. Where an end-user chooses to retain any bundled non-loaned terminal equipment, any compensation due by the end-user shall not exceed its pro rata value as agreed at the moment of the conclusion of the temporis contract or the remaining part of the service fee until the end of the contract, whichever is less applies:

Provided that the provider shall lift any condition on the use of that terminal equipment on other networks free of charge at the latest upon payment of compensation or at an earlier stage as may be specified by the Authority.