• President of UOKiK, Tomasz Chróstny, decided that 14 clauses applied by Nova Centrum Edukacyjne in the agreements concluded with consumers are prohibited.
• They concern, among other things, the rules of paying tuition fees, terminating agreements or the possibility of transferring students to other classes.
• The President of UOKiK has imposed a penalty amounting to a total of over PLN 355,000 on the company and has prohibited the use of the contested clauses as well.

Nova Centrum Edukacyjne from Warsaw runs private post-secondary schools, primary schools and non-school forms of education. The President of UOKiK, Tomasz Chróstny, has issued a decision in which he contested provisions contained in the company's agreements with consumers, defining such matters as the rules of paying tuition fees, termination of agreements and changes in their terms as well as school's liability. The investigation was initiated on the basis of information received from consumers as well as district and municipal consumer ombudsmen.

- The provisions used by the company in its template agreements not only infringe the interests of consumers, but also violate good practices, placing the clients of the company in the position of much weaker market participants. Terms and conditions of agreements should be clear and understandable for consumers, and the rights of parties thereto should be equivalent - says the President of UOKiK, Tomasz Chróstny.

The first group of clauses contested by UOKiK are provisions concerning the obligation of a course participant who resigns before the beginning of another semester to return the enrolment fee, termination of the agreement through their fault, and their removal from the list of course participants.   Course participants enrolling in the school can take advantage of the special offer, and not pay the enrolment fee of PLN 400. However, if:

• the participant is not promoted to the next semester or fails to graduate,
• the participant unilaterally terminates the agreement during the semester,
• the school terminates the agreement through the fault of the course participant (for example, if they fail to deliver the required documents),

the course participant must pay the enrolment fee.

- In the event of termination or expiration of the agreement, the company imposes additional obligations only on the consumer. For example, the provisions provide that the consumer is obliged to repay the discount on the enrolment fee. However, if the agreement does not come into effect through the fault of the company (for example, the company fails to open a given course), the participants are not granted analogous rights to receive monetary compensation. The rights of the parties to the agreement are, therefore, not equivalent - says the President of UOKiK, Tomasz Chróstny.

The President of UOKiK has also contested the provision under which course participants must pay a flat fee for the preparation of an examination session, regardless of whether they do or do not take part in it. It also applies to situations when the school did not incur any costs in relation thereto, or the incurred costs were lower.

Other clauses concern the obligation to pay tuition fee or the actual cost of class organization in a certain amount if the participant misses at least 50  percent of classes. What is more - if the participant does not achieve the required attendance in June, they must also pay the tuition fee for July and August. It does not depend on the reasons for the absence. The amount of the fee is determined separately each month and can change. In the opinion of UOKiK, consumers should be clearly informed about the amount of fees.

The company also applies a clause concerning the termination period.  According to the agreement, the notice period for the agreement is three months, effective at the end of the calendar month. Therefore, if the agreement is terminated at the beginning of the month, this period may be extended to almost four months. What is more, it does not run during summer holidays. It limits the possibility of terminating the agreement and results in additional, unsubstantiated costs for the consumer.

The company also granted itself the right to transfer students to parallel classes or other schools when the number of students decreases to the "necessary minimum". However, the agreement does not specify what that means. When entering into the agreement, the course participant or their legal guardians do not know whether they will be able to attend the selected class or school throughout the entire course of their education.

It is also questionable that the company excludes its liability for:

• damage to property or persons,
• valuables brought into the facility that have been damaged,
• failure to perform obligations under the agreement for reasons beyond the control of the company, or not exclusively within its control.

It is prohibited to exclude one's liability in every case of this kind in advance as some damages may result from the fault of the company.

All the above provisions are prohibited clauses resulting in the entrepreneur taking advantage of a privileged position. The President of UOKiK, Tomasz Chróstny, imposed a financial penalty of PLN 355,249 on NOVA Centrum Edukacyjne. In addition, the company must inform all people with whom it has concluded agreements since 17 April 2016 about the decision of the President of UOKiK and about the fact that the contested clauses are not binding. The information must be sent via registered mail within three months from the date on which the decision becomes legally valid, and the final decision must be published on the website of the Centre for three months. The decision is not final, the company has the right to appeal to the Court of Consumer and Competition Protection.

Consumer assistance: 

Tel. 801 440 220 or 22 290 89 16 – consumer helpline
 email: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
Consumer advocates – in your town or district

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
Twitter: @UOKiKgovPL