According to some operators is not provided for in Article change. 60 or 61 of the Act and the Telecommunications Law related to the consumer must be notified of the changes from one month in advance and allowing withdraw from the contract without having to pay the so-called. contractual penalty for early termination promotion.
– However, eg. Offering operator Multimedia Poland Sp. Z oo Programs have changed a nature-documentary film. In exchange, introduced several children’s programs, and automotive serialowy program. Due to the lack of interest in such programs, the consumer may terminate the contract subscriber. Termination is justified by a significant change in the terms accepted at the time of the agreement. It is worth noting that the operator submitting the offer, as well as on its website uses the information on the provision of specific television programs and not the number of programs enigmatic whose composition, may include virtually everything and nothing. However, in the event of termination of the contract, consumers pay the liquidated damages on the ground that the operator provides a certain amount of programs rather than specific programs. At the end of the day the number of programs and so agrees, and the operator does not take into account that consumers do not need eg. Children’s programs. – Says Agnieszka Popławska lawyer FK.
In the opinion of the OCCP, the package of TV programs offered by your service provider is one of the main factors to be taken into account by the consumer when choosing a particular offer. For this reason, the withdrawal by the operator of a particular TV program broadcasting services in the course of the contract may be sometimes synonymous with the cessation of the consumer purpose for which it has entered into an agreement. Therefore, a specific set of television programs may in some cases be one of the essential terms of the contract for the provision of cable services. The Court took a similar position Antimonopoly (currently: Sad Competition and Consumer Protection), in the judgment of 6 December 2000 (ref. No. XVII Ama 101/99).
– We offer a set of programs is one of the basic consumer contractor selection criteria. Made in this area changes should be considered as a significant change in the scope of the provision and, therefore, must be accepted by the other party to the contract. The operator should therefore notify in writing each subscriber to change the programming in advance, allowing withdrawal and find another provider. May 22, 2003. The Court of Competition and Consumer Protection issued a similar ruling inserted where deemed illegal entry contractual provision that prevents the subscriber termination due to changes in the program offer digital TV operator and banned its use. Clauses considered abusive, mean that their use to consumers is prohibited. As is clear from the provisions of the Civil Code, such provisions are not binding on the client. – Adds Popławska.
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