What applies when cancelling a fibre installation?
You have the right to cancel the installation of fiber if the delivery has not been completed. This applies regardless of whether the work has started or not. However, if you cancel the fiber installation, you may be liable for compensation.
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You have the right to cancel the fiber connection, but you may be required to pay compensation. The fiber provider may charge a standard compensation that varies depending on when the cancellation occurs. Compensation must be reasonable and cover costs for work performed as well as losses, such as unused materials. The provider should limit the damage and cannot demand more than the agreed price for the service. Exceptions exist if the cancellation is due to faults that are not your responsibility or if the service cannot be used due to circumstances beyond your control.
Compensation Determined in Advance (Standard Compensation)
The fiber provider has the right to charge compensation upon cancellation that is determined in advance, a standard compensation. This amount does not have to be a fixed sum to be paid for all cancellations but can vary depending on when the cancellation occurs. The amount should be stated in the contract.
For such compensation to be valid against you as a consumer, it must be “reasonable.” This means it should correspond to costs that can normally be assumed to be reasonable for work already performed and other incurred costs that the company has had.
Compensation for Work Already Performed
If you cancel the fiber connection when the work has already started, the fiber provider is entitled to compensation for the part of the work that has been performed and for such that must be completed despite the cancellation.
Work that must be completed despite cancellation can, for example, be work with dismantling and removal of materials that have not been used.
When calculating the compensation, the agreed price is used as a basis. If this is a fixed price, the compensation will be proportional and often with a certain surcharge.
Compensation for Losses
The fiber provider is also entitled to compensation for losses in the form of costs for the remaining part of the work, regardless of whether the service has started or not. Such costs may, for example, concern materials acquired specifically for the execution of the canceled fiber installation and that the provider cannot use elsewhere in its operations. The provider may also be entitled to compensation for other losses, for example, if they have refrained from other work or otherwise adapted to your order.
The cost must thus have resulted in a real loss for the fiber provider. At the same time, they are obliged to limit their damage, which in practice means that the provider, for example, has a responsibility not to perform more work than necessary after your cancellation.
There are exceptions to the provider’s right to claim compensation upon cancellation if the cancellation is due to:
- Damage or defect in the service not caused by any condition on your part
- If you cannot use the service due to statutory regulations, government decisions, or other similar circumstances beyond your control as a consumer.
The compensation for losses must not exceed the total price for the canceled service. However, a cancellation may in some cases mean that you have to pay as much as if the service had been performed in full.
Basis for Cancellation Fee
Work performed includes, for example, planning, preparation, and preparations beyond visible work such as digging. It is also acceptable to charge a predetermined (standardized) fee. However, it is required – even if a standard fee is agreed – that the provider can show that work has been performed, or alternatively that the provider has incurred a loss due to the cancellation, which entitles the provider to charge a fee. If the provider cannot show this, they are not entitled to charge any fee at all for the cancellation.