Tricky situation: you found someone who will provide a service for less money, but you are tied current agreement. Do not want to terminate it ahead of schedule, so as not to pay a penalty. Moreover, the contract specifies the notice period for early termination - 3 months ... We will tell you how to be in such a situation.

All those who, under an agreement with you, maintain a collective antenna, intercoms, video surveillance systems, bodice, guard the territory of the MKD, provide emergency dispatch services to the MKD, for the purposes of this article, we will call contractors.

Is it possible to terminate the contract for the provision of services unilaterally?

Can. And pay the contractor not compensation, but only actual expenses.

Termination of the contract, not due to violations during its execution, regulates Art. 782 of the Civil Code of the Russian Federation. This was confirmed by the Supreme Arbitration Court of the Russian Federation, indicating that the provisions of Art. 782 of the Civil Code of the Russian Federation give each of the parties to the contract paid provision services the right to an unmotivated unilateral refusal to execute the contract (paragraph 3, clause 4 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 14, 2014 No. 16).

According to paragraph 1 of Art. 782 of the Civil Code of the Russian Federation, the customer has the right to refuse to execute the contract for the provision of services for a fee, but must pay the contractor for the expenses actually incurred by him. Unilateral refusal to execute the contract entails the same consequences as termination of the contract by agreement of its parties or by a court decision (paragraph 2, clause 1 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 06/06/2014 No. 35 "On the consequences of terminating the contract").

The concepts of “right to withdraw from a contract” and “consequences of withdrawal from a contract” should not be allowed to be confused. The right to withdraw from the contract for the provision of services is an inalienable right of the customer by virtue of law, it cannot be limited by agreement of the parties. But the consequences of the refusal of the contract can be formulated differently than it is provided for in paragraph 1 of Art. 782 of the Civil Code of the Russian Federation. This position is confirmed by the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 7, 2010 No. 2715/10. It explains that the customer's refusal to perform the contract is possible at any time - both before the start of the service, and in the process of providing the service.

Another argument in favor of the fact that the right to unilaterally terminate the contract for the provision of services is inalienable is paragraph 3 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of March 14, 2014 No. time would grossly violate the interests of the customer - he would be forced to use the services or not to use, but pay for services that he no longer needs or is no longer interested in.

The procedure for terminating the contract for the provision of services

Check the Termination Procedures section of your contracts. It must specify the period for which you must give notice of early termination and other conditions for terminating the service agreement. For example, it may say: “the contract is considered terminated after 60 days from the date the contractor receives the relevant notification, the unused balance Money(unworked advance payment) is not returned to the customer.

As a customer, you are obliged to notify the contractor in advance of your intention to terminate the contractual relationship, but the period must be reasonable. We recommend setting in the contract the minimum notice period for the contractor to terminate the contract is 7-10 days. After all, the contractor really needs a few days to complete the maintenance of the facility and transfer it with all the necessary documentation to the customer, that is, to you.

Terms of 60, 90 days or, for example, a year are unacceptable. In this case, your interests as a customer are grossly violated, since the contractor receives the right to continue providing unclaimed services (clause 3 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of March 14, 2014 No. 16). This state of affairs contradicts the essence of the legislative regulation of the contract for the provision of services for compensation.

7-10 days- a sufficient period to notify of the early termination of the service agreement.

What to do if the contract provides for a long period of notice of termination

In any case, send the counterparty a notice of early termination of the contract. In the notice, indicate the date from which the parties will consider the contract terminated (figure). Hand the notice to a representative of the organization against signature or send it to by registered mail. Wait 60, 90 days - as specified in the contract - you are not required.

Picture. An example of a notice of early termination of the contract

The contract shall be considered terminated from the moment you indicated in the notice of termination of the contract, but not earlier than the date of receipt of the notice. This is justified by the following. In case of unilateral refusal to fulfill the contract in whole or in part, when such refusal is allowed by law or by agreement of the parties, the contract is considered terminated (clause 2, article 450.1 of the Civil Code of the Russian Federation). The right to unilateral refusal to perform the contract is exercised by notifying the other party (clause 1, article 450.1 of the Civil Code of the Russian Federation). The contract is terminated from the moment when the notice is delivered or is considered to be delivered according to the rules of art. 165.1 of the Civil Code of the Russian Federation, unless otherwise provided by the Civil Code of the Russian Federation, other laws, other legal acts or terms of the transaction, or does not follow from the custom or from the practice established in the relationship between the parties.

What amount will have to be reimbursed if the contract for the provision of services is terminated unilaterally

The amount to be reimbursed must be calculated. If you cannot do this by agreement, then the judge will help you.

The fact is that your unilateral refusal of the contract for the provision of services for compensation does not terminate the obligation to pay the contractor the costs that he incurred on account of the services not yet rendered. And the contractor must prove that the costs are actually incurred (clause 2 information letter Presidium of the Supreme Arbitration Court of the Russian Federation of December 21, 2005 No. 104, Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of January 17, 2012 No. 11292/11).

At the same time, the condition of paragraph 1 of Art. 782 of the Civil Code of the Russian Federation on the payment by the customer of the actual costs incurred by the contractor upon termination of the contract is of a dispositive nature, which was directly indicated by the Plenum of the Supreme Arbitration Court of the Russian Federation in para. 3 paragraph 4 of the resolution of 14.03.2014 No. 16.

The SAC Plenum noted that the parties to the contract for the provision of services may agree on other consequences of the withdrawal from the contract (for example, full compensation for losses in case of withdrawal from the contract both on the part of the contractor and on the part of the customer) or the procedure for exercising the right to refuse to perform the contract for the provision of services for compensation ( in particular, the unilateral refusal of a party from an agreement, the execution of which is associated with the implementation by both parties entrepreneurial activity, may be due to the need to pay a certain sum of money other side).

Many contracts for the maintenance of property and equipment are of a subscription nature. For example, for the maintenance of antennas or intercom units, payment is made monthly, regardless of whether there were breakdowns and whether calls were registered. It is not always possible to verify the actual provision of services under such contracts. Mutual obligations of the parties terminate upon termination of the contract (clause 2, article 453 of the Civil Code of the Russian Federation). Do not pay in advance under such an agreement, and then you will not lose money: you paid for October, October is over. In November, you do not owe the counterparty, but he is not obliged to service your equipment either. Sign a contract with a new partner from November.

Colleagues, read the contract before you sign it. This is a proven rule.

• subject;
• price;
• the procedure for terminating the contract for the provision of services.

Be prepared for the fact that after you send a notice of termination to the “old” counterparty, he will continue to bill you for the service for the entire period agreed in the contract for terminating the contract. He will explain this by saying that the contract is not terminated until the “warning period” has expired. Your partner will refer to the fact that the obligations of the parties terminate only from the moment of termination of the contract (clause 2 of article 453 of the Civil Code of the Russian Federation), and he can continue to provide services during this period, and you, the customer, must pay for them. The court will help resolve the situation. But there are pitfalls here. Under contracts for servicing a subscriber character, it is very difficult to prove the fact of non-provision.

Consider these nuances when signing a service agreement with a “warning period” for termination.

So, you can cancel the service by the following reasons:

1. Low quality.
2. Don't need.
3. Imposed.
4. Failure to meet deadlines.

Provider, primarily, must guarantee the quality and safety of what it provides.

And if this principle is not respected, you may well end up with the service, even if you paid in full in advance or made an advance payment.

The imposed maintenance of something can be found in contracts, for example, credit, and they are most often written in small print.

Also, usually they say about such services: "And you can't do without it".

What needs to be done for this?

To terminate a certain service, you need to contact supplier.

If this is not possible, then read product information, which you buy, or have already purchased.

Usually in accompanying documentation and contains information about how to return or .

Well, the last option of action is to turn to the Law on the Protection of Consumer Rights:

Article 32

The consumer has the right to refuse to execute the contract for the performance of work (provision of services) at any time, subject to payment to the contractor of the expenses actually incurred by him related to the fulfillment of obligations under this contract.

Article 16

1. Terms of the contract that infringe the rights of the consumer in comparison with the rules established by laws or other legal acts Russian Federation in the field of consumer protection are invalidated. If, as a result of the execution of a contract that infringes on the rights of the consumer, he has incurred losses, they are subject to compensation by the manufacturer (executor, seller) in full.
2. It is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services). Losses caused to the consumer as a result of violation of his right to free choice of goods (works, services) are reimbursed by the seller (executor) in full. It is forbidden to condition the satisfaction of the requirements of consumers presented during the warranty period, conditions that are not related to the shortcomings of the goods (works, services).
3. The seller (executor) is not entitled to perform additional work, services for a fee without the consent of the consumer. The consumer has the right to refuse to pay for such works (services), and if they are paid, the consumer has the right to demand that the seller (executor) return the amount paid. The consent of the consumer to the performance of additional work, services for a fee is drawn up by the seller (executor) in writing, unless otherwise provided by federal law.

Writing an application

problem can be settled either orally or in writing.

The rules are the same for all types of services.

For an example of a written refusal, take cosmetic company services.

They quite often come with a product of a certain brand or are issued on credit.

The application is being written in free form.

The header contains the name of the service provider with its address and your contact information.

Mandatory word STATEMENT or CLAIM.

The main part describes the essence of the problem in free form: “On March 15, 2015, an agreement No. 64 was concluded between me, Margarita Pavlovna Petrova and the Krasotka company for the provision of the following services:

Due to the fact that the deadline for the provision of services did not come and on the basis of Article 32 of the Consumer Rights Protection Law (or due to poor quality work - Article 29; or due to failure to meet the deadlines - Article 28; or violation of Article 16 - imposition and infringement of rights) I demand to terminate the contract.

When ignoring my demand will be forced to apply to the consumer protection department and the court.

In custody signature and the date.

But sometimes one gets the impression that these organizations do not suspect the existence of these legal acts and a number of others.

Therefore, there is a need change company.

In this situation, the following condition must be observed: all owners of apartments and rooms in this house must come to this conclusion.

Termination of the contract with the management company for maintenance takes place in the following way:

1. Meeting tenants. The meeting discusses the reasons for and the need for change. In addition, a decision is made on the choice of a new management company.
2. Collection of factual evidence about the non-compliance of the quality of the services provided with the standards (this may be the conclusion of the authorities local government, the results of independent examinations, inspections, housing inspections, etc. - that is, a document with the seal of the organization).
3. Signing a written decision assembly.
4. Submitting a Solution in the UK.

All of these activities are based on

Refusal of paid services of mobile operators

Mobile operators offer wide list of various services, which allow us to make our use of communication more pleasant and convenient.

True, not always about the full set additional features we know.

But the money is debited and debited from the account.

The easiest way to find out about all connections is − call the operator.

He will fully inform you and tell you how to disable this or that service.

Most of the time this is done at your request.

For details on where and how you can disable access to the basic Internet provider and how to terminate the contract with the operator temporarily or permanently, read.

MTS

MTS for a fee changes short intermittent beeps to the melody.

The caller, of course, is pleased to hear a joke or good music, but in certain situations it gets hard.

For shutdowns can:

1. call operator and follow his instructions.
2. Dial command "asterisk" 111 "asterisk" 29 "lattice".
3. If there is " Personal Area» turn it off.

You can also come to the salon and fill out a special me.

Megaphone

Megaphone provide along with the internet Internet click service. It is rejected as follows:

1. In "Personal account".
2. When calling an operator.
3. In writing to the Megafon office.

With shutdown "Internet Clique" there may be problems due to the fact that the operator has not fully thought out the scope of his responsibility in this area.

Beeline

Beeline disables all services through the quick access menu or a set of commands.

"Personal Area" also gives a complete picture of everything connected and managing additional functions of the SIM card is not difficult.

Unfortunately, only adequate communication with the operator suffers.

To reach a live person and try deal with a specific situation you can spend tens of minutes listening to the text of the system.

Rostelecom

Rostelecom is a provider of Internet, communications and television.

Termination of the service contract is possible only at the office or nearest branch.

There you can safely write a statement on company letterhead about refusing services.

Have with you the passport.

Rejecting the intercom

If you do not need an intercom, then you can refuse it for another installation phase.

True, if the majority of residents in the entrance are “for”, then the device will still be installed.

But the key, and accordingly, you will not get the handset.

Another option - low-quality intercom device or lack of maintenance.

This problem is solved by writing a public statement (in the presence of all owners of apartments in the entrance) and sending it to the Management Company.

Exactly from her face contract signed.

Refusing to pay for services

Do not pay we can only those services that we do not use or the quality of which does not correspond to the declared one (Articles 16 and 29 of the Consumer Rights Protection Law).

Regardless of its type, a written application is required. to the supplier company.

Notification

A notice of denial is often part of a service agreement.

It will just serve as a statement.

If it is not provided, then it is written in free form with a brief summary of the essence, links to the contract, legislation and a reflection of the participants in the transaction.

Any service is voluntary.

And if they still do not at all justify our hopes and expectations, then it is not necessary to use them at all.

Fortunately, the law in this case on our side.

Therefore, you should not put up and regret the money spent.

Even if you can't deal with the problem peacefully, you can restore your rights in court.

Photo: FederalPress / Evgeny Potorochin

Due to the increase in VAT, prices for housing and communal services also increased. In this regard, the Russians began to wonder from what utilities you can opt out to make utility bills less intimidating.

What can't be denied?

According to MBX, apartment owners cannot refuse the services that all residents of the house use. These include heating, maintenance of common areas, stairs, elevators, porches, as well as hot water used for common house needs. Garbage collection and a garbage chute are also paid, even if you do not use it.

At the same time, you will have to pay for heating even if you do not live in an apartment, even if the taps in the batteries are turned off. However, you can refuse this service, although it is not so easy to do this. We will tell you more below.

What can you refuse?

The easiest way is to exclude a radio point and a common antenna from utilities. All this will be unnecessary if you use digital television. To disable these services, you need to contact the management company and ask for the phone number of the provider of these services.

You can also refuse centralized hot water supply if a boiler is installed at home. To do this, you need to install metering devices and mark “0” monthly in the “hot water supply” column. Payment for cold water will also remain, spending on hot water will be transferred to gas and electricity.

It is possible to refuse, but it is difficult

It will be more difficult to give up central heating, but there are two ways to do it. First, you can overlap the batteries and install a separate meter for each of them. The meters will show "0", but their installation itself will be very expensive, and besides, this is not available in all houses.

Secondly, you can apply to the court if a gas boiler is installed in the house, and try to get the fee canceled. However, there is no guarantee that the court will side with the tenant. Everything can turn around reverse side: the owner will be accused of illegally modifying the apartment, forced to return the batteries to their place and turn them on.

What if I don't live in an apartment?

If no one lives in the apartment, and for technical reasons no metering devices are installed in it, the cost of services is charged from the consumption rate per person. If no one lives in the apartment for more than five days, you can contact the management company and make a recalculation. In this case, you will not have to pay for hot and cold water supply, electricity, sewerage and garbage collection services. To do this, you must also present a document confirming that you were not at home.

Water was promised but not given. Do I have to pay?

If gas, water, heat or electricity is turned off in the house, and the Criminal Code does nothing, you can contact the emergency dispatch service and complain that the service is not provided. If the service provider is found guilty of not providing services, a recalculation will be made.