(1) The initial term of a contract between a consumer and a provider of publicly available telecommunications services, other than one covering only number-independent interpersonal telecommunications services or transmission services for the provision of machine-to-machine communication services, may not exceed 24 months. Before concluding the contract, providers are required to offer a consumer a contract with an initial term of no more than twelve months.
(2) Subsection (1) does not apply to contracts covering only the establishment of a physical connection, without also covering terminal equipment or services, even where it is agreed with the consumer that the agreed remuneration may be paid in instalments over a period exceeding 24 months.
(3) Where a contract between an end user and a provider of publicly available telecommunications services, other than one covering only number-independent interpersonal telecommunications services or transmission services for the provision of machine-to-machine communication services, provides that it is tacitly renewed after expiry of the initial contract term unless the end user terminates it in good time, the end user may terminate such a contract at any time after expiry of the initial contract term, subject to one month's notice. The provider must notify the end user, in good time before renewal of the contract and on a durable medium, of
1. the tacit renewal of the contract,
2. the possibility of preventing renewal of the contract by terminating it in good time, and
3. the right to terminate a renewed contract under the first sentence.
(4) No costs may arise for an end user as a result of termination under subsection (3), first sentence. Where an end user is entitled to terminate a contract before the end of the agreed term, no compensation may be demanded from the end user other than compensation for the value of retained terminal equipment. The compensation for value may not be higher than either the pro-rata value of the equipment agreed at the time the contract was concluded, or the outstanding charges that would still have accrued for the service had it not been terminated early, whichever is lower. At the latest upon payment of the compensation for value, the provider must remove, free of charge, all restrictive conditions on the use of that terminal equipment on other telecommunications networks.
(5) Providers of an internet access service ensure, free of charge, that end users continue to have access, for a reasonable period after termination of the contract with the provider of the internet access service, to emails made available under the provider's mail domain, and that end users can forward those emails to another email address specified by the end user. The Federal Network Agency may determine the reasonable period under the first sentence.
Home› Telecommunications & Digital Services› TKG (EN)
Part 3 · Customer Protection › Section 56
Contract term; termination following tacit contract renewal
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