Can mobile phone contracts only be cancelled by phone or chat – is this legally permissible?

• Contracts
• Private Clients
• SME

Several Swiss telecom providers now require mobile phone contracts to be cancelled exclusively by telephone or via chat. In some cases, written cancellations sent by post or registered mail are not accepted.

Legal framework

Under the Swiss Code of Obligations, there is generally no statutory requirement regarding the form in which telecommunication contracts must be terminated. In such cases, therefore, the relevant general terms and conditions of the contract apply. Consequently, telecommunication providers may, in principle, specify in their general terms and conditions the channels through which notice of termination must be given.

Is termination by letter no longer permitted? Issues of proof, the unusual clause and practical implications

The problem arises when written notices of termination are completely ruled out. The right to give notice is a so-called right of disposition and must not be unnecessarily restricted.

Furthermore, terminations made by telephone or chat present a significant problem of proof, as customers often have no reliable evidence of the date and content of the termination. A registered letter, on the other hand, provides clear proof of delivery and of the deadline. If a customer terminates their mobile phone contract by registered letter, it seems difficult to understand why the telecom provider would still insist on a digital termination.

Under Swiss law, the so-called unusual clause rule also applies to general terms and conditions. Under this rule, contractual provisions may be invalid if they are so unreasonable that a customer would not reasonably be expected to anticipate them. A complete exclusion of the right to terminate the contract in writing could therefore be deemed unreasonable in individual cases.

However, the law in Switzerland does not provide a definitive answer as to whether notice of termination is valid if given solely by telephone or chat. The Telecommunication Ombudsman generally considers such clauses in general terms and conditions to be valid, provided that customers receive immediate written confirmation via text message and are not subsequently disadvantaged as a result. The Federal Supreme Court has not yet reached a final decision on the matter.

If customers cancel their contract via chat or telephone, they should therefore protect themselves by keeping a record of the chat history and requesting confirmation of cancellation.

Conclusion

When it comes to terminations and notice periods in particular, it is worth taking a close look at the contractual provisions – especially if these restrict your scope for action or leave questions of evidence unresolved. If you know your rights and act promptly, you can avoid legal disadvantages.

In cases of uncertainty, it is advisable to seek legal advice in good time to clarify the situation and safeguard your position.