• The President of UOKiK Tomasz Chróstny presented charges against the cable TV operator Vectra. The Company unilaterally included a clause allowing an increase in the Internet and TV fees, even though the contracts did not contain an appropriate modification clause that would allow it to do so.
• Subsequently, Vectra would increase Internet and TV fees based on the clause introduced into the contracts.
• For violating collective interests of consumers, the company faces a penalty of up to 10% of its turnover.

The President of UOKiK is taking measures to combat entrepreneurs' conduct concerning unilateral changes made to contracts during their term. Such changes in contracts concluded for an indefinite period should be based on a modification clause. This provision specifies which terms of the contract may change and under given circumstances, e.g. when the service price may be increased. This information is very important for consumers. However, the experience of UOKiK experts and the complaints received show that changes to contracts in effect are not always made based on the correct modification clause.

The latest investigation conducted by the President of UOKiK concerns unilateral changes to contracts made by the cable TV operator Vectra. Subscribers of Vectra received letters informing them that the company has unilaterally added a provision to the general terms and conditions of the contract under which the subscription fee might be increased once a year. Significantly, the existing contractual terms did not give the entrepreneur the authority to make such provisions. Already at this stage, the President of UOKiK sent the operator the so-called soft notice and requested the withdrawal of the amendments due to come into force, which would allow the company to avoid administrative proceedings. The soft notice, however, was ignored by Vectra.

Then, after a few months, the customers were informed that their monthly subscription fee increased by PLN 5, despite the fact that the original contractual terms did not allow the operator to make such a modification. As a result, customers who did not terminate their contracts were forced by the company to pay as much as PLN 60 more annually for telecommunication services.

"During our market interventions, we have repeatedly pointed out that a change in the material terms of an ongoing contract, which undoubtedly include the price of the service, can take place only if it is expressly provided for in the contract. This is precisely the purpose of modification clauses thanks to which the consumer who concludes the contract has information on specific situations which allow a modification of the terms of the service provided, including its price. However, such provisions cannot be introduced unilaterally, i.e. from the position of the stronger contracting party, that is the entrepreneur," says Tomasz Chróstny, the President of UOKiK.

The investigation concerning the infringement of consumers' collective interests may result in a penalty of up to 10% of the company's turnover as well as an order to cease such conduct and to remedy its effects.

The President of UOKiK reminds that entrepreneurs cannot arbitrarily modify concluded contracts. In the case of contracts concluded for an indefinite period, any modification should be introduced in accordance with a correct modification clause that specifies which term of the contract and in which circumstances may be subject to change. This allows the consumer to verify whether there are any reasons for the entrepreneur to make unilateral changes.

The President of UOKiK has emphasised this fact many times in decisions issued with respect to telecommunications companies. Incorrectly implemented contract changes have also been challenged in the finance, insurance and e-payment sectors.

Consumer assistance:

Tel.: 801 440 220 or 22 290 89 16 – consumer hotline
Email: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
Consumer Ombudsmen – in your town or county

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