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Committed Subscription Cancellation and Penalty Clause: How is the Withdrawal Fee Calculated for Internet, GSM and Digital Subscriptions? Commitment period limit, termination without penalty due to moving and service quality, device fee, objection and Arbitral Tribunal route have been updated as of 2026.
The price that can be requested from the consumer who gives up the committed subscription contract is legally limited. The Subscription Agreements Regulation requires that the calculation method of the amount to be paid in case of early termination be written in the commitment letter and that this amount cannot exceed the lower of the unpaid part of the benefits such as discounts and devices enjoyed by the consumer and the remaining fees until the end of the commitment period. In cases where the same service cannot be provided after the move, the service is not provided, adverse changes are made during the commitment period, or the contract is incompletely drafted, termination is possible without paying any penalty. The maximum commitment period for electronic communications is 24 months. For disputes, written objection is followed by the Consumer Arbitration Committee.
1. What is Subscription Agreement and Commitment?
Subscription agreement; It is a contract established between the consumer and the service provider for continuously offered services such as electricity, water, natural gas, internet, mobile line, digital platform, cable broadcasting. Commitment is the undertaking of maintaining the subscription for a certain period of time in return for providing the consumer with a discount, device or campaign advantage.
The commitment does not eliminate the consumer's right to terminate the contract before the period expires. It only determines the upper limit and calculation method of the amount to be paid in case of early termination. In the electronic communications sector, the commitment period cannot be longer than 24 months; The Consumer Rights Regulation of the Information Technologies and Communications Authority also applies.
According to the Subscription Agreements Regulation, the amount that can be claimed in case of breach of commitment is limited to the lower of the following two amounts:
The uncollected portion of the discount, device and other benefits provided up to the date of termination.
Remaining subscription fees to be paid by the end of the commitment period.
The calculation method of the withdrawal fee must be clearly stated in the letter of commitment. Conditions where the calculation method is not specified or is left incomprehensible cannot be claimed against the consumer and are subject to unfair terms control. If the commitment period expires, the penal clause does not arise.
Failure to provide the same quality service at the move and new address No withdrawal fee is payable This right is not granted for mobile line subscriptions.
Changing the contract conditions to the detriment of the consumer during the commitment period Termination without penalty Written evidence of the change must be retained
Incomplete preparation of the contract or letter of undertaking and failure to correct the deficiency Termination without penalty or compensation It must be proven that the missing document was not delivered
Failure to provide the service at all or as required No fee can be charged for services not provided. Fault records and complaint numbers are important
Internet speed does not meet the measurement criteria No fee other than the remaining price of the device can be requested. BTK measurement results must be obtained
Subscription for more than one year Termination without justification and without paying any penalty It is evaluated within the scope of Article 52 of Law No. 6502
Termination requests can be made through the service provider's call center, branch or written channels. During call center calls, a request number should be obtained and, if possible, written confirmation should be requested. If there is a device given within the scope of the commitment, its refund or the calculation of the remaining device price is determined within the framework of the contract.
Objection to an unfair invoice is made in writing to the service provider. The Regulation requires the provider to respond to the objection within a reasonable time. When no response is received or the objection is rejected, if the dispute value is below 186,000 TL (2026), an application is made to the Consumer Arbitration Committee. The fee due to the commitment penalty should be checked in terms of calculation method and limit before requiring the subscriber to pay.
Gym, course or digital content memberships also have similar commitment and penalty clauses. In these contracts, the provision of the Turkish Code of Obligations regarding the reduction of excessive penal clauses by the judge may be applied. Penal clauses that constitute unfair terms in a consumer contract are, as a rule, invalid. In each case, whether the service is actually provided, the period during which the consumer can benefit from it, and the excessiveness of the penal clause are evaluated together.
The consumer moved to another province in the 10th month of his 24-month committed internet subscription. There is no infrastructure of the service provider at the new address. The provider requested the remaining 14 months as a withdrawal fee.
Failure to provide the same quality service at the new address will result in non-payment of the withdrawal fee. The service provider must document the absence of infrastructure, while the consumer must document the move and change of address. Requesting the entire remaining subscription fee is incompatible with the limit rule of the regulation. The consumer must make a written notice of termination, and if the objection is rejected, he must apply to the Arbitral Tribunal.
I did not sign a commitment, do I still have to pay a penalty?
The existence of the commitment must be proven in writing or by permanent data storage. If the undertaking has never been issued, the request for a penal clause becomes seriously controversial.
What happens to the subscription after the commitment period ends?
The subscription continues unless otherwise provided for in the contract; At this stage, the consumer may request termination without paying any penalty. The new commitment cannot be established without the express consent of the consumer.
Is the device cost included in the commitment fee?
The unpaid portion of the device fee is an element of the amount that can be claimed in case of early termination. However, the total amount cannot exceed the upper limit in the regulation.
What is the invoice objection period?
A period of time is stipulated in the regulation for invoice objection; Making the objection without delay and in writing prevents loss of rights. Duration and procedure should be controlled by subscription type.
Can the service provider automatically extend the subscription with the new tariff?
It is not possible to change the conditions to the detriment of the consumer during the commitment period. After the period expires, a new commitment cannot be established without the express consent of the consumer.
Cancel subscription only by phone and do not receive a request number.
Not checking whether the calculation method is written in the contract.
To notify of termination without documenting the move, malfunction or speed problem.
Paying the commitment penalty invoice without objection.
Closing the line without returning the device and discussing the device cost later.
Committed subscriptions are contracts that bind the consumer for a long time, despite the attractiveness of the campaign. However, the law does not allow the application of the penal clause indefinitely. The main factors that determine the amount to be paid are that the calculation method is in writing, that the fee does not exceed the legal upper limit, and that the reasons for termination without penalty such as relocation, service quality or adverse change are documented.
Küheylan Law Firm supports the consumer in contract and invoice review in subscription and commitment disputes, preparation of the notification to be made to the service provider, and conduct of the Consumer Arbitration Committee and Consumer Court processes. Termination at the right time and with the right evidence can prevent unnecessary penal burden from the beginning.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and judicial precedents may change; The concrete circumstances of each event are different. In order to avoid loss of rights, a case-specific legal evaluation must be made in terms of lawsuit, application and objection periods.
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