21.11.2024

After the expiry of the initial period of a contract concluded with an electronic communications service provider, end-users may choose to extend the contract or terminate it without penalty. Before the automatic extension of the contract, providers must inform users, in a timely manner and on a durable medium, of the termination of the initial contract period and of the means by which they can request its unilateral termination. Moreover, during the extension period, providers have the obligation to communicate to users, periodically, the best rates for the services the latter benefit from.

Means of extending electronic communications contracts

At the end of the initial contractual period (maximum 24 months) of a telephone, internet or television contract, end users have the possibility to opt for a new offer from the current provider, following negotiation with it. This often involves starting a new minimum contract term.

If users still decide to withdraw from a contract whose initial period has expired, they will not be subject to termination fees/contractual compensation. However, they must ensure that they have submitted an express request for contract termination to the provider and that they take into account the request processing time provided in the contract, which cannot exceed 30 days, according to the legal provisions. In these situations, users will only bear the fees related to the use of the service during the request processing period.

If a user does not take any steps to terminate the contract, as a rule, the service he/she uses will continue to be provided, and the electronic communications contract is automatically extended, for a fixed or indefinite period. Providers of electronic communications services have the obligation to inform end-users, in a timely manner and on a durable medium, about the termination of the contract and the means of unilateral termination.

In addition, during the period of automatic contract extension, providers have the obligation to send users, at least once a year, an information on the best rates for the contracted services. Users are thus able to take advantage of the competitive environment, make informed choices and switch providers when they consider it is in their best interest.

ANCOM recommendations

• ANCOM advises users of electronic communications services who wish to extend existing contracts to pay attention to the conditions of the new addendum/contract, mainly to the tariff plan and the newly agreed contractual period.
• Users are also advised to ensure that they receive, physically or electronically, all contractual documents (including annexes and brochures) and that they make informed decisions.
• The legal provisions regarding the information of users during the period of automatic extension of the contract apply to both residential users and legal entities.

Complaint-related info

ANCOM may intervene if the extension of the contract is not carried out in accordance with the above-mentioned regulations, respectively if a provider has not complied with its obligations to inform about the termination of the contract and the best rates for the contracted services. Complaints can be sent here. 

If a provider fails to comply with the contract, residential users can notify the National Authority for Consumer Protection (ANPC), while other categories of end users can contact authorized mediators or courts.