Before signing any contract with a telephone operator, a gym or even Internet services or products from streamingit should be stopped to read the small print. Here the permanence clauses generally appear, which have become a headache for many who did not know what they implied when they adhered to these services.
In fact, the time of truth can become a problem that affects the pocket and freedom of choice. These provisions often compromise to remain with the company for a certain period. But breaking the agreement ahead of time can generate important economic sanctions.
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Permanence clauses in telephone and internet companies no longer tied you ‘forever’: contracts have a maximum duration of 24 months
As for the operators or telephone companies, the main brands such as Movistar or Vodafone include in their offers clauses to ‘tie’ customers, sometimes for an excessive time.
For this reason, since 2022 the Telecommunications Law is in force, which limits the duration of permanence contracts for 24 months. So if we want to unsubscribe before that period, we will have to pay the corresponding penalty. However, in some cases you may not deal with payment.
Following the example of telephone and internet companies, the 24 months of permanence, or less, in case it is collected in the contract, they are mandatory to leave your free operator of a fine, which in certain cases can be around 250 euros, but there are others in which this amount is greater.
Some companies have also chosen to directly eliminate the permanence clause and no longer tied the user to this commitment. Others, on the other hand, maintain it. In any case, the client can always terminate the contract early if the company breaches any of the agreed points.
The law is clear: any condition that supposes a disproportionate limitation for the consumer can be considered abusive
In what has to do with gyms and other services, permanence is often required to offer reduced rates. However, it is more common that in these cases a payment in advance for a period of time is requested, with rates below whether we pay each month. This is another type of practice, and is legal.
The way of seeing it is different. If we chose to pay for the subscription month to month we would pay more, in a similar way to what the interests would be, although in reality this is said in a different way. Of course, there is an obligation to inform, and the subscription can be canceled before the collection of the next annuity or monthly payment.
This is why although the permanence clauses are legal, their abuse can be denounced. This can be seen from the General Law for the Defense of Consumers and Users. This establishes that any condition that supposes a disproportionate limitation for the consumer can be considered abusive, which means that, in certain situations, a user could judicially claim or before consumer associations to reduce or eliminate penalty.
Since the OCU, the organization of consumers and users, they advise to always save copies of invoices, supporting and any information related to service contracts, whether telephony, gyms or online platforms. Keeping every point in the agreement avoids unnecessary payments and facilitates asserting our rights as consumers.