Article 5 2.
Article 6 1.
Article 6 1. (g)
|National ID||Decision no. RPZ-29/2010|
|Common name||Decision type||Administrative decision, first degree|
|Court||Prezes Urzędu Ochrony Konkurencji i Konsumentów, Delegatura w Poznaniu||Plaintiff(s)||Prezes Urzędu Ochrony Konkurencji i Konsumentów|
|Court translation||The President of the Office of Competition and Consumer Protection, Delegature in Poznań||Defendant(s)||POLKOMTEL S.A. with its registered office in Warsaw|
|Keywords||terms & conditions, cancellation of contract, false information, legal rights, misleading commercial practices, rights of the trader|
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Introducing a contest for the trader's employees which results in providing false information by those employees to consumers in order to prevent the consumers from terminating an existing agreement when they are nonetheless entitled to do so, constitutes an unfair commercial practice.
The defendant is a company which provides telecommunication services.
In 2009, the defendant introduced new standard set of terms and conditions for consumers contracts. As a result of the increased number of terminations of those contracts, the defendant initiated a contest for its employees called "Licence for maintenance" ("Licencja na zatrzymanie"). The contest was designed to motivate the defendant's employees to prevent the customers from terminating the agreements to which they were entitled because of the amendments introduced to the standard terms and conditions of the consumer contracts.
Is it an unfair commercial practice to introduce a contest for the trader's employees which results in providing false information by those employees to consumers in order to prevent the consumers from terminating an existing agreement?
The introduction of the "Licence for maintenance" contest resulted in the lack of possibility to make a termination notice. The consumers were misled with regard to their right to terminate the agreement. The President emphasized that it is a basic consumer right to have the possibility to terminate an agreement in case of change of the applicable standard terms and conditions.
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