Operators: How to cancel a contract concluded at a distance?

Deepak Gupta July 20, 2022
Updated 2022/07/20 at 7:10 PM

Nowadays it is common to carry out contracts concluded at a distance or made “door-to-door”. Since May 2022, the rules that validate this type of contract have changed.

Learn about the new rules for canceling contracts concluded at a distance and door-to-door.

Cancellation of distance and door-to-door contracts

The rules governing contracts concluded at a distance, by telephone or Internet, and at the consumer's home through door-to-door agents underwent changes that came into force on 28 May 2022, according to ANACOM.

In contracts concluded by telephone, operators are obliged to provide you with all the information on the agreed conditions, including those relating to the loyalty period.

In these cases, the operator must send you the contractual conditions agreed on a medium that you can keep (for example, on paper, USB stick, CD) within 5 consecutive days or, at the latest, before the start of the service.

You are only obliged to fulfill the contract after signing the offer or sending your written consent to the operator, except in cases where the first telephone contact was your initiative.

The main changes are:

  • deadline for exercising the right of free resolution (or right of withdrawal) in contracts concluded at home through door-to-door agents, that is, the right, under certain conditions, to freely cancel this type of contract, without needing to to provide a justification and without any penalty;
  • requirements to be fulfilled so that the provision of the service begins, at the request of the consumer, during the period of free resolution.

Until May 28, the deadline for the consumer to freely cancel the contracted service, free of charge and without having to present a reason, was 14 days for both distance contracts and contracts concluded at home through door-to-door agents. -door. From that date they became the following:

  • 14 days for contracts concluded at a distance;
  • 30 days for contracts concluded at home through door-to-door agents.

Operators: How to cancel a contract concluded at a distance or door-to-door?

In addition, according to the recent amendments, whenever the consumer wants the provision of the service to start during the free withdrawal period and the contract imposes an obligation to pay, he must:

  • submit to the operator an express request on a durable medium;
  • recognize that it loses the right of free termination if the contract is fully performed.

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