Can I get out of a telecom contract before the minimum term ends without paying a penalty?
You may terminate at any moment — but inside the binding period you owe an early-termination charge. The part almost nobody knows: the operator must apply whichever variant is cheaper for you — either the sum of the remaining monthly fees, or the total discount you received (ZEK, NN 76/22; HAKOM). And there is no charge at all where a statutory free exit applies: an unfavourable change of contract terms (terminate within 2 months of the notice), a service never delivered, a fault unrepaired for 45 days, a documented move to an address without coverage, or the subscriber's death. What is always payable: services you used and the instalments on the handset.
📋 The rules
- The charge formula: monthly fee × months left of the binding period, or the total discount received on products and services — the operator must apply the variant more favourable to the subscriber (ZEK NN 76/22; HAKOM). On request he must give you the exact buy-out figure within 1 working day, with the calculation date and the start and end of the obligation.
- Contract limits: the binding period for consumers may not exceed 24 months, operators must also offer a 12-month option, and automatic extension of the binding period is prohibited — after it expires the contract simply continues without a lock-in.
- Escape on a change of terms: the operator must announce changes to contract terms (including price lists and general conditions) at least 30 days in advance, and if the changes are unfavourable you may terminate with no charge within 2 months of receiving the notice — except where the change is exclusively to your benefit, purely administrative and harmless, or directly imposed by Croatian or EU law.
- Other statutory free exits (ZEK plus Pravilnik NN 86/23): the service is not delivered within 30 days of signing (and after 45 days the exit is free in any event); a documented move to an address where the operator has no technical capability; a fault not fixed within 45 days of being reported; or persistent significant deviation from the contracted quality. The subscriber's death ends the contract, and from the day he is notified the operator writes off all debts, including the early-termination charge.
- Mechanics and disputes: termination must be possible by the same channel through which the contract was concluded, and the operator must execute it within 1 working day (mobile) or 5 working days (fixed) and confirm the date in writing. With number portability you apply to the new operator, who terminates the old contract for you — but the exit charge still falls due inside the lock-in. Dispute ladder: complaint to the operator (answer in 15 days) → the operator's complaints commission → HAKOM within 30 days of that answer, decision within 60 days.
🔓 Exceptions
- Handset on instalments: whatever happens to the service contract, every remaining instalment on the phone or equipment must be paid — neither the death write-off nor the cheaper-variant rule erases the device debt (HAKOM).
- If you keep operator-owned equipment that came with the bundle, the charge for it may not exceed the value agreed when the contract was concluded, less depreciation (ZEK per NN 76/22).
- Trial periods: a mobile-internet contract via a portable router must include a trial of at least 5 days with free withdrawal (traffic is payable), extendable on request to voice services with a free trial eSIM (Pravilnik NN 86/23, Art. 28). Devices sold with prepaid may be network-locked, but must be unlocked free of charge on request after 12 months.
⚠️ Penalties & fines
For you the "penalty" is civil, not a fine: the early-termination charge plus the device instalments, and if you do not pay them, enforcement against your accounts. Ignore an undisputed bill for 30 days after temporary disconnection and the operator may terminate the contract and disconnect you permanently, with collection costs on top. Operators who breach the end-user provisions face HAKOM supervision and misdemeanour liability under the ZEK (we do not quote figures for those fines — they were not verified in the official text). The good news: HAKOM dispute resolution costs the subscriber nothing, and collection of the disputed amount is suspended while the complaint runs.
📎 Official sources
- hakom.hr · front page of the telecom regulator HAKOM — user pages on termination and complaints →
- narodne-novine.nn.hr · front page of the official gazette — the Electronic Communications Act (NN 76/22, 14/24, 45/26) →
- zakon.hr · front page of the statute register — look up Pravilnik NN 86/23 →
❓ Frequently asked
My operator raised the price. Can I leave without paying?
If the change to your contract terms is unfavourable, you may terminate free of charge within two months of receiving the notice of change. Changes purely in your favour, merely administrative, or imposed by law do not open that door.
I am moving somewhere the operator has no coverage. Do I pay?
No, provided you document the change of address and the operator confirms he has no technical capability to serve it. Instalments on a handset bought on credit nevertheless remain your debt.
How much exactly does buying out my contract cost?
On request the operator must give you the exact figure within one working day, with the calculation date and both variants shown. He may only charge the one that is cheaper for you: remaining monthly fees or discounts received.
The subscriber died. Do the heirs pay the exit charge?
No: death ends the contract, and from the day the operator is notified he writes off all debts, including the early-termination charge. Device instalments are the exception and remain owed, and heirs who keep using the service must transfer the contract.
I am porting my number to another operator. Is that a free exit?
It is not: you apply to the new operator, who terminates the old contract for you, but inside the binding period the early-termination charge still falls due. Porting changes only who does the paperwork, not what you owe.
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