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Switching operator and terminating contract

Last updated 15 December 2022

In a liberalised market such as the electronic communications market, you can always choose between a variety of packages and change both landline and mobile operators according to your needs.

 

Switching your landline operator

 

To switch to a new operator, you can end the contract with your current operator at any time, even before the expiry date. However, in this case you may have to pay to switch to the new operator.

If you intend to switch your service to another operator, you must notify the new operator by sending them the transfer code, which can be found on the telephone bill, in the web area of the original operator's website or via the customer service department.

For more information go to https://www.agcom.it/numerazioni-geografiche-portabilita-e-migrazioni (Italian only)

 

Charges for terminating the contract

 

The Authority has adopted specific guidelines - Resolution No 487/18/CONS (Italian only) - and carefully supervises service discontinuation and switching costs applied by operators in the event of early termination:

  • line discontinuation and migration costs cannot exceed the average monthly fee paid by the user or, if lower, the costs actually incurred by operators for discontinuing or switching the line;
  • the return of discounts must be fair and proportionate to the value of the contract and the remaining duration of the promotion. This means that users will not be required to return the full amount of discounts they have benefited until the date they decided to;

users will be able to carry on paying the remaining instalments due for goods and services even if they withdraw from the contract before expiry of the instalment plan, which may not in any case exceed 24 months. If contract provides for automatic extension, after this extension the end user has the right to withdraw at any time with 30 days' notice and without having to pay any penalty or deactivation costs, except those charged for receiving the service during the notice period (Article 98 septiesdecies, paragraph 4 of the European Code of Electronic Communications).

 

Is the operator entitled to change contracuale terms?

 

According to the art. 98 septiesdecies, paragraph 5, of the European Code of Electronic Communications, Operators are entitled to unilaterally amend technical, legal or financial contractual terms during the contractual relationship. However, in such cases, you are entitled to be informed of the change with at least 30 days' notice, and you can exercise your right to terminate the contract, without any penalties or deactivation costs, or switch to another operator, within 60 days of notification of changes to the contractual conditions. These rules do not apply if the proposed changes are intended for the benefit of the end-user and have no negative effect on the end-user, or are imposed directly by EU or national law.

 

Online information tools to compare prices proposed by different operators

 

At present, no site is officially accredited by the Authority for comparing products offered by different operators. However, the Authority obliges all operators to publish a table showing a list of currently available packages, including activation or deactivation costs, on their websites, under the heading of ‘tariff transparency' - Resolution No 252/16/CONS (Italian only).

 

Relevant legislation

Electronic Communications Code; Legislative Decree no. 259/2003 as amended by Legislative Decree no. 207/2021

Resolution No 487/18/CONS Guidelines on procedures for discontinuing and switching users in pre-formulated standard contracts (Italian only)

Resolution No 252/16/CONS Measures to protect users in order to promote transparency and comparison of financial conditions for electronic communication service provision (Italian only)

Italian version

Source: Communications Regulatory Authority

 

Help us to improve    Contact Assistance Services

 

Last updated 15 December 2022

In a liberalised market such as the electronic communications market, you can always choose between a variety of packages and change both landline and mobile operators according to your needs.

 

Switching your landline operator

 

To switch to a new operator, you can end the contract with your current operator at any time, even before the expiry date. However, in this case you may have to pay to switch to the new operator.

If you intend to switch your service to another operator, you must notify the new operator by sending them the transfer code, which can be found on the telephone bill, in the web area of the original operator's website or via the customer service department.

For more information go to https://www.agcom.it/numerazioni-geografiche-portabilita-e-migrazioni (Italian only)

 

Charges for terminating the contract

 

The Authority has adopted specific guidelines - Resolution No 487/18/CONS (Italian only) - and carefully supervises service discontinuation and switching costs applied by operators in the event of early termination:

  • line discontinuation and migration costs cannot exceed the average monthly fee paid by the user or, if lower, the costs actually incurred by operators for discontinuing or switching the line;
  • the return of discounts must be fair and proportionate to the value of the contract and the remaining duration of the promotion. This means that users will not be required to return the full amount of discounts they have benefited until the date they decided to;

users will be able to carry on paying the remaining instalments due for goods and services even if they withdraw from the contract before expiry of the instalment plan, which may not in any case exceed 24 months. If contract provides for automatic extension, after this extension the end user has the right to withdraw at any time with 30 days' notice and without having to pay any penalty or deactivation costs, except those charged for receiving the service during the notice period (Article 98 septiesdecies, paragraph 4 of the European Code of Electronic Communications).

 

Is the operator entitled to change contracuale terms?

 

According to the art. 98 septiesdecies, paragraph 5, of the European Code of Electronic Communications, Operators are entitled to unilaterally amend technical, legal or financial contractual terms during the contractual relationship. However, in such cases, you are entitled to be informed of the change with at least 30 days' notice, and you can exercise your right to terminate the contract, without any penalties or deactivation costs, or switch to another operator, within 60 days of notification of changes to the contractual conditions. These rules do not apply if the proposed changes are intended for the benefit of the end-user and have no negative effect on the end-user, or are imposed directly by EU or national law.

 

Online information tools to compare prices proposed by different operators

 

At present, no site is officially accredited by the Authority for comparing products offered by different operators. However, the Authority obliges all operators to publish a table showing a list of currently available packages, including activation or deactivation costs, on their websites, under the heading of ‘tariff transparency' - Resolution No 252/16/CONS (Italian only).

 

Relevant legislation

Electronic Communications Code; Legislative Decree no. 259/2003 as amended by Legislative Decree no. 207/2021

Resolution No 487/18/CONS Guidelines on procedures for discontinuing and switching users in pre-formulated standard contracts (Italian only)

Resolution No 252/16/CONS Measures to protect users in order to promote transparency and comparison of financial conditions for electronic communication service provision (Italian only)

Italian version

Source: Communications Regulatory Authority

 

Help us to improve    Contact Assistance Services