Cancellation period at A1: Important info & changes
In the past, notice periods could drive many customers crazy. There was often the same situation: you were trapped in a contract with a mobile phone provider and couldn't get out immediately, as the notice period lasted up to 12 weeks (3 months) in most cases. So you had to pay the full tariff price for another 3 months before the termination was finally "through".
In recent years, the notice period at A1 (and all other Austrian mobile operators) has changed considerably. The Chamber of Labor was able to achieve a success against excessively long notice periods.
This does not apply to the minimum contract term. More on this below.
All the detailed info on the state of affairs can be found here.
Content
What is meant by Notice period?
The word "notice period" refers to the period between the time when you inform the contractual partner that you wish to terminate the contract (announcement) and the actual termination.
The notice period is regulated in contracts.
For example, if you sign a contract that states under the heading "Notice period" that the notice period is 3 months, then you can only get out of the contract 3 months after giving notice of termination.
Notice period with A1 in the past
Until 2016, A1's general terms and conditions stipulated that the notice period was 3 months.
If you add the month in which you canceled, you had to stay in the contract with A1 for 4 months until 2016 before you were finally canceled and no longer had to pay anything.
If you wanted to switch to a different contract, you either had to pay for 2 contracts at the same time for a period of 3 months or wait until you finally got rid of the provider - and accept that the desired new tariff might no longer be available.
The Success of the Chamber of Labor against A1
These (and a number of other unjustified clauses in the GTCs) caused the Chamber of Labor to file a lawsuit against A1.
The AK went through all instances (up to the Supreme Court) and was then proven right by the latter: Since February 26, 2016, a maximum notice period of 1 month applies at A1 and at all other Austrian mobile operators.
According to the AK, the provider T-Mobile put up a fight for a while, but an out-of-court settlement was reached and a notice period of one month was also agreed.
What about the Minimum contract period?
The so-called "minimum contract term", which is pointed out when the contract is concluded, still applies at A1 (and other mobile operators).
Many contracts have a minimum contract term of 24 or 12 months.
The main reason for this minimum term is so that companies can offer their cell phones at such low prices ("You can get the new iPhone from us for €0!"). Over the course of this period, the customer pays for the cell phone month by month.
The minimum contract term remains unaffected by the changes to the notice period. It still applies today and it is difficult to get out of the contract earlier.
What about Contractor contracts?
The decision of the Supreme Court does not apply to business contracts.
The AK lawsuit against A1 and other mobile communications providers has only led to changes in contracts with private customers.
Contractor contracts are not affected by this. A notice period of 3 months still applies here.
Conclusion
For a long time, the notice period was one of the biggest problems with mobile phone contracts.
Thanks to the AK lawsuit, A1 no longer has a notice period (or only 1 month). The same applies to other mobile phone providers in Austria.
However, the notice period should not be confused with the minimum contract term. This is still legal and is usually 12 or 24 months, depending on the contract.
As far as business offers for entrepreneurs are concerned, nothing has changed. The classic deadline of 3 months still applies here.
