Bohumil Pape from Ostrava found years ago a suitable offer of the UPC company: television, internet and telephone for only 589 crowns. Nabdka caught his eye, but insisted that the price agreement be added to the contract.
And it happened, the contract literally states: The price of 589 K lasted for the duration of all services starter + UPC 10M + Basic. In case of cancellation, some of the services are available according to the valid price.
And so Mr. Pape signed the contract, the agreed services worked without any problems. Only three years later, the invoice drank 710 crowns, which Mr. Pape obviously did not like. “I tried to make an appointment over the customer line over the phone, but to no avail, they always promised me something, but they didn’t answer,” to the UPC customer. There were relatively long e-mails of correspondence, the result of which was simplified that if Mr. Pape did not like it, I would terminate the contract.
“I do not want to terminate the contract, I just insist on verifying the original, UPC invoices me unjustifiably, because I did not cancel the day of service,” says Mr. Pape.
UPC: sm client changed the tarif
And so, of course, we were interested in the reasons for UPC, not as guaranteed in the contracts.
“Mr. Papee’s tariff was changed when the contract was signed in 2009 by switching to the new Kredit 50 telephone tariff. Jana Peenkov.
“When I signed the contract, I warned that I would be moving in three months, but I was sure that after the growing service, the services will work to the same extent and for the same pension,” argues the customer. “I am not aware of a change in the contract. In addition, according to me, the change in the furnace tariff does not cancel the service, ”wonders.
According to UPC, according to reports, Mr. Pape first signed a change to the contract on a contract letter during the meeting.
Disagreement with the price change is up to you
“If it was agreed that the price lasted, UPC would not proceed in accordance with the contract, because the agreement in the terms and conditions of the price increase was replaced by a specific agreement in the contract that the price lasted,” explains lawyer Pavel Nastis. In such a case, the UPC would not proceed first, and Mr. Pape would be entitled to a refund of what he paid extra, for no reason unjustly enriched.
“But if Mr. Pape, after those months, he stopped using the service for which the price lasted, then UPC would follow the business conditions and therefore increase the price,” adds the lawyer. If the customer did not agree with the price change, he could terminate the contract. But if he still used the services for a given invited price, it is basically considered an acceptance of the new conditions.
After the editorial office became interested in the case, UPC offered Mr. Pape an e-mail. “We are trying to accommodate Mr. Pape and choose the services that would suit him better, so today we contacted him with an offer of a new package of services from our current portfolio, which has suitable parameters for his current requirements,” says Jana Peenkov.
The service provider (operator) can change the business conditions. At the same time, certain requirements are set so that such a change will be visible to the customer. We prepared advice for everything in cooperation with the head of the first dTest counseling center, Luke Green.
- According to the company, the company can change the business conditions, but the customer must not be forced to accept them or be sanctioned if he does not accept them and ask for the termination of the contract.
- If there is a change in the terms of the contract, which are suitable for the customer, he is not obliged to take the service under the appropriate terms for a single day. There is no notice period here, only the company must be delivered disagreement with the change and enough about the termination of the contract due to this change. The contract ends on the last day when the customer is required to go before the announced change.
- The duty of the operator is to inform the customer at least one month before the change activity takes place about the planned change.
- In the event that there is a change in the materiality of the contract, which worsens the position of the customer, the customer must first terminate the service without penalty on the date of acquisition of such a change.
- The customer may be informed of the manner in which the call was selected for delivery. The company must prove that the customer has been informed of the change in the contract by the customer.
- If the conditions have changed and the customer has not received this information, the change will not be correct.
- If the information was delivered, ie within at least one month, the change would not take effect for him, or the notice period in case of disagreement with the change, but the contract ends on the day if it was binding for the order new business conditions.
- In the event that the business conditions change, we recommend sending a disagreement with the change and notifying you of the cancellation of the service by written recommendation. The consumer terminates the contract from the phone, where they may receive incorrect information. Subsequent incorrect information or enough about the termination of the service is practically impossible to detect.