Prohibited contract clauses
“In September 2022, Vectra began to be used in contracts with consumers clauses authorizing changes to the applicable conditions – the introduction of increases as well as new, previously unforeseen, fees. They could be related to an increase in inflation, as well as a number of other unspecified circumstances, e.g. an increase in expenditure related to the service provided, a significant extension or improvement of functionality. The provisions were written in an unclear manner, and consumers had no way of predicting their impact on their bills. The clauses gave the company freedom as to whether and when the fees would be increased, but did not take into account the possibility of reducing them, even on the basis of the same premises,” we read in the release.
As established by the President of the Office of Competition and Consumer Protection, Vectra used the disputed clauses and modified the contracts based on changes in the inflation rate. Thus, it transferred all responsibility for the changing economic situation to consumers.
“When concluding a contract as consumers, we should know how much we will pay for a given service every month. The price is a key element influencing the decision to conclude a contract and should be communicated to us clearly and understandably. If an entrepreneur tempts the consumer with an attractive offer in order to increase the price soon after concluding the contract based on indicators from before its conclusion, the clauses that allow this cannot be considered objective and fair,” said Tomasz Chróstny, president of the Office of Competition and Consumer Protection, quoted in the material. .
Fixed-term contracts should not be subject to unilateral changes
Fixed-term contracts should not be subject to unilateral changes in their essential elements – for example, price. In turn, changes in prices of services under a contract concluded for an indefinite period may depend on appropriate provisions provided for before the conclusion of the contract. At the same time, consumers should have the right to opt out in such situations without incurring additional financial burdens, it was emphasized.
The President of the Office of Competition and Consumer Protection, Tomasz Chróstny, imposed a financial penalty on Vectra of over PLN 68 million. After the decision becomes final, the company will also have to refund the amount of subscription increases paid to eligible consumers. It will also inform on its website and the social networking site Facebook about the cessation of the use of abusive clauses.
Provisions deemed legally prohibited are ineffective and do not bind consumers. They should be treated as if they were not included in the concluded contract at all.
Vectra states that it is the largest cable television operator in Poland in terms of the number of subscribers. (ISBnews)
Vectra’s stand
In response to the decision of the Office of Competition and Consumer Protection Vectra she sent a statement. The company emphasizes that it does not agree with the decision of the President of the Office of Competition and Consumer Protection and announces that it will appeal. “We are convinced that our actions were lawful. The decision of the Office of Competition and Consumer Protection is invalid“- wrote in the statement.
The company explains that until the very end it strived to end the dispute amicably for the benefit of its customers and tried to enter into a dialogue with the Office. “Regardless of the proceedings, on our own initiative, already in spring this year we introduced a number of changes to contracts that are beneficial from the perspective of customers,” wrote Vectra.
The company added that it would take further steps after analyzing the justification for the decision, and until then it would not provide further information or comment on the matter.
