Electronic communications enterprises cannot unilaterally impose obligations for a fixed-term contract on consumers through contract changes, and a new term for the provision of electronic services can only be determined with the consumer's consent, the Public Utilities Commission (KROU) informed the LETA agency.
This applies to both cases when an indefinite contract turns into a fixed-term contract and situations when a new period of obligations is established for an already fixed-term contract, effectively extending the existing contract. The Public Utilities Commission (KROU) emphasizes that even providing a discount does not justify establishing new obligations.
The Commission identified a practice where electronic communications enterprises, notifying about changes to the contract, set a new contract term and impose penalties for early termination. Such an approach does not align with the goals of regulatory oversight, as it restricts the consumer's ability to freely choose and change service providers.
If the contract for electronic communications services is indefinite, the enterprise cannot unilaterally convert it into a fixed-term contract by establishing new obligations or penalties for early termination, noted Ivars Tauniņš, the director of the Department of Electronic Communications and Postal Services at KROU.
If the contract was initially concluded for a specific term, then upon expiration of that term, which cannot exceed 24 months, the end user has the right to terminate the contract at any time without penalties, emphasized Tauniņš. The enterprise may offer more favorable terms involving obligations for a specific term; however, these can only take effect with the explicit consent of the user when entering into a new contract.
Therefore, KROU urges residents to carefully review both the terms of the contract before signing and subsequent changes, and to exercise their right to refuse them or terminate the contract without penalty if necessary, explained Tauniņš.
KROU emphasizes that changes to the contract cannot alter its nature from indefinite to fixed-term. Additionally, a previously concluded fixed-term contract cannot be automatically extended for a new term with new obligations without the consumer's consent.
New obligations under the contract can only take effect with the explicit and informed consent of the consumer. Before concluding the contract, the enterprise is obliged to provide the consumer with clear information about the terms, including the contract duration, termination procedures, and possible financial obligations. The consumer must also receive a summary of the contract.
At the same time, KROU notes that enterprises have the right to change individual contract terms, such as price, if the consumer is notified at least one month in advance. If the consumer disagrees with such changes, they have the right to terminate the contract without penalty.
KROU regulates public services in the fields of energy, water supply, electronic communications, postal services, deposit packaging, and waste management.
