02.12.2019

The National Authority for Management and Regulation in Communications (ANCOM) reminds the users the conditions under which they can terminate or modify their contracts concluded with the providers of electronic communications services.

Contract termination on term

In principle, the termination of a contract concluded with a telephony provider enters into force under the conditions specified in the respective document. It is possible, however, that the provider accepts – after direct negotiation with the user – to terminate the contract under other terms than those mentioned in the contract.

When requesting the termination of the contract concluded with a provider of electronic communications services, the user must bear in mind several aspects, which must be found in the contract:

• whether the initial contract period has expired;
• what penalties apply if he/she requests contract termination while the initial period has not expired yet;
• the term and means in which he/she can submit a request for contract termination, as well as the term in which the contract termination is operated (for example, 30 days from the date of user’s request submission).

Some providers give the users the possibility to submit the request for contract termination over the phone. However, it is safer for such request to be done in writing and sent by mail, with confirmation of receipt, or to be submitted at a working point/shop of the provider, where the user must ask for and receive a registration number. As well, one should consider that providers regularly process the termination request after the returning of the equipment given in custody/rented and the payment of possible debts.

Providers’ obligations

The providers of telephone, internet and television services from Romania must publish on their websites:

• information on the termination of the contracts concluded with the users, as well as information on the modification of the contracts, thus observing the ANCOM Decision no.158/2015 on the obligations to inform the end-users;
• information on the steps the users must take to obtain the termination or modification of the contract;
• the e-mail, the postal address and the phone/fax number to which the user can send the request for the termination of the contract;
• standard forms/requests, if their filling up is requested, as well as information on the means by which the user can access them, if applicable;
• information on the penalties that can be applied in case of early contract termination, if such penalties are in place.

According to the ANCOM Decision no.158/2015, all the information meant for the users must be available on the providers’ websites in an easily accessible place, and displayed in a visible and well-structured way.

Contract modification

A contract concluded with a provider of electronic communications services can be modified at the user’s request, under the terms provided in the contract or based upon the direct negotiation with the provider, as well as at the provider’s initiative.

Thus, in certain situations, the provider has the right to change the provisions of the contract but, in such case, it must inform the subscribers on the content of those changes, by means of a notification, with at least 30 days before their implementation. In this timeframe, if they do not agree with the proposed changes, the subscribers can withdraw from the contract without paying penalties.

The provider can send the notification by letter, e-mail, SMS, fax or on the subscriber’s client account on the provider’s website, case in which the notification will be accompanied by a warning SMS and/or e-mail concerning the notification transmission.

Irrespective of the way in which it sends the notification, the operator must ensure the full transmission of the notification text, without making reference to other information sources. As well, the notification must be separated from any publicity material.

Complaints

ANCOM can take measures if the provider changed the contract without notifying or if it did not inform the users on the possibility to end the contract without penalties. Complaints can be lodged here. If the early contract termination fees charged by the operator are deemed as significantly higher than its potential losses, the users can address the National Authority for Consumer Protection.