If a provider or operator makes changes to the contract
Operators and fiber providers can change contract terms under certain conditions. For ongoing contracts, changes must be notified at least one month before they take effect, and you have the right to terminate the contract without cost within three months. For contracts with a binding period, changes must be based on valid reasons stated in the contract; otherwise, the contract can be terminated and damages claimed. Agreed prices always apply during the binding period, and price reductions for new customers do not affect existing contracts unless otherwise specified.
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The operator may change the agreement in certain cases. For ongoing agreements, you must be informed of the change at least one month in advance, and you can terminate the agreement free of charge within three months. If you have an agreement with a binding period, a valid reason is required for the change, otherwise you can terminate the agreement and demand compensation. The price applies throughout the entire binding period, and price reductions for new customers do not affect you unless otherwise stated in the agreement.
Ongoing Subscription Agreements
In an open-ended agreement, that is, an agreement where the service is provided continuously for an indefinite period, the operator has the opportunity to change the terms provided that the operator informs you of the change at least one month before it takes effect. You then have the right to terminate the agreement if you do not accept the new terms. The operator must inform you via a “durable medium” (such as letter or email) that you have the right to terminate the agreement without any additional cost or fee. Your right to terminate the agreement extends three months from when the operator notified you of the change.
If the operator makes changes that are solely to your advantage, they do not need to meet the above requirements.
Subscription Agreements with Binding Period
A change of terms in an agreement with a binding period is only allowed if the operator has stated a valid reason specified in the agreement. However, if the operator changes the terms during the binding period without referring to a valid reason specified in the agreement, you may have the right to terminate the agreement and claim compensation for your additional costs due to the operator’s breach of contract.
If the Provider Changes the Terms of Your Fiber Delivery Agreement
A fundamental principle of contract law is that agreements should be kept. If you and the fiber provider have entered into a binding agreement, the terms must be followed, both by you as a consumer and by the fiber provider.
If the fiber provider wants to be able to change the terms of the agreement, it should be written in the agreement that a change of terms may occur and with which valid reasons that may give them the right to a change.
A contractual term that allows a fiber provider to unilaterally change the terms without stating a valid reason specified in the agreement may be an unfair contractual term.