Friday, September 26, 2014

The controller makes changes? Do not sever the contract with the operator … – GazetaPrawna.pl

The controller makes changes? Do not sever the contract with the operator … – GazetaPrawna.pl

Changing the Rules or pricing of telecommunications services, raises some power for the consumer. As it is, however, in the event of changes caused by the action of regulators, including telecommunications, eg. UKE, the OCCP or Maica? With such queries specialists met with the Consumer Federation.

In recent times, subscribers receive information from your service provider, regardless of whether the use of fixed telephony services, whether mobile or the Internet, to amend the regulations to provide services.

As reported in its newsletter FK, some consumers find this information very happy. Usually changes because they give the opportunity to terminate the contract without having to return the promotional relief. Consumers are willing to exercise this option, forcing the operators to new beneficial annexes or simply changing the operator.

however, indicates Federation of information that consumers have recently received, resulting from the change of generally applicable laws, namely the regulation of the Minister of Administration and Digitization on the complaint of telecommunications services. Changed to include form of response to the complaint and the need to justify only negatively examined the complaint.

Issues changes in the major annexes to the agreement for the provision of telecommunications services are regulated in Art. 60a and 61 of the Telecommunications Act. Under those provisions the obligation imposed on the operator of mandatory consumer information about changes to rules or pricing, regardless of the reasons for their introduction. If the changes are due to “the will”, the operator of the consumer has the ability to terminate the contract without incurring the cost of promotional allowances. Then the subscriber should be informed of his right, and the deadline for notice shall not be less than the date of entry into force of these changes.

Why, then, in this case we can not terminate the contract with the operator without penalty? “If there was a clause permitted and the action of the OCCP or the UKE has been eliminated (removed, corrected) means that at present our law is no longer violated or threatened. If not then we have no right to dissolve the contract, “- says Agnieszka Popławska Lawyer Consumer Federation.

A consumer who chooses to terminate the agreement if the promotion will have to pay the penalty provided for in the written agreement. “The same applies to changes in regulations. If the parliament passed amendments to the law has no purpose (even economic) including to allow the consumer to terminate the contract without cost liquidated damages and to keep such. New phone. Some rules are changed then the benefit, and some to the detriment of the consumer or operator “- adds Popławska.

But the change of rules by the regulator, also raises implications for the operator. The company should deliver in writing to the subscriber, with at least one month before implementing the changes into effect, the content of each proposed change. This period may be very short, if the publication of the act which implies the need for change, there is less than one month prior to the entry into force of the legislation or on the basis of the decision of the President of UKE.]

Source: Consumer Federation.

LikeTweet

No comments:

Post a Comment