(3) Communications undertakings other than providers of number-independent interpersonal communications
services give the end-user a notice of the intended amendment of the communications services contract on
a durable medium at least one month in advance in the manner agreed on in the contract. The notice is titled
"Lepingu muutmine" [Amendment of contract] and the notice sets out the amended terms and conditions, the
right of the end-user to cancel the contract without any additional costs upon disagreement with the amendments
within one month after receipt of the notice and the reason and legal basis for amendment of the terms and
conditions. If the terms and conditions of a contract are amended in the interests of end-users, the amendment
is of a purely administrative nature only and has no negative effect on the end-user or the terms and conditions
of the contract are amended due to legislation, the communications undertaking may demand compensation for
additional costs from the end-user upon cancellation of the contract.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
(31) In order to comply with the obligation provided for in subsection 3 of this section, a communications
undertaking shall give the end-user of a prepaid SIM card a notice by a text message to the prepaid SIM card
number and by a notice on the website of the communications undertaking. The text message shall be added
a direct link to further details about the contents of the amendment on the website of the communications
undertaking.
[RT I, 17.05.2016, 1 – entry into force 13.06.2016]
(4) [Repealed – RT I, 17.05.2016, 1 – entry into force 13.06.2016]
(5) Prior to automatic extension of a communications services contract, communications undertakings other
than providers of number-independent interpersonal communications services or machine-to-machine services
notify the end-user clearly and timely and on a durable data medium of termination of the contractual obligation
and of the opportunity to cancel the contract without additional costs.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
(6) Communications undertakings other than providers of number-independent interpersonal communications
services or machine-to-machine services give advice to end-users about the best price of the communications
services at least once per calendar year and in the case specified in subsection 5 of this section.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
§ 100. Cancellation of communications services contract
(1) A consumer has the right to cancel a communications services contract at any time without prior notice
by informing the communications undertaking of cancellation of the contract. In respect of a communications
undertaking, the cancellation of a contract is deemed to enter into force as of the following working day after the
receipt of the notice unless a later date is indicated in the notice.
(2) A communications undertaking has the right to cancel a contract without prior notice if the provision of
communications services has been restricted pursuant to clauses 1–3 or 5 of subsection 1 of § 98 of this Act and
the basis for the restriction has not ceased to exist within one month after the date when the basis for applying
the restriction arose.
(3) A consumer has the right to cancel a communications services contract other than a contract for internet
access services or number-independent interpersonal communications services at any time free of charge if the
actual performance of the communications service differs significantly from the performance provided in the
contract.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
(4) If an end-user has the right, based on legislation, to terminate a communications services contract, except
for number-independent interpersonal communications services contract, before the end of the term agreed
in the contract, the communications undertaking may demand compensation from the end-user only for the
terminal equipment remaining to the end-user. Where the end-user chooses to retain terminal equipment bundled
at the moment of entry into the contract, the amount of the compensation may not exceed its pro rata temporis
value or the sum of instalments payable for the terminal equipment until the end of the contract, whichever is the
smaller.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
(5) In the case specified in subsection 3 of this section, a communications undertaking shall not restrict the
use of the terminal equipment in the communications network of another communications undertaking after
payment of the compensation specified in subsection 4 of this section.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
(6) Subsection 3 of § 99 of this Act and subsections 1, 3 and 4 of this section apply only to consumers, micro
and small undertakings and non-profit associations.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
Electronic Communications Act
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