Vectra has done well. She faces a serious punishment. It’s about the use of inflation clauses

The so-called inflation clauses are controversial provisions used by some operators to increase the subscription fee during the duration of the contract. In theory, the clauses were intended to protect enterprises against problems in a situation where inflation remains high for a long time. However, Vectra – using them – encountered problems with the Office of Competition and Consumer Protection.

Vectra with allegations from the Office of Competition and Consumer Protection. However, inflation clauses are not allowed

The operator took advantage of controversial provisions at the beginning of 2023, increasing subscribers’ prices with the official inflation reading from 2022 (as much as 14.4%). As a result, the Office of Competition and Consumer Protection

Now the Office of Competition and Consumer Protection has announced that the provisions used by the company (in inflation clauses) were and are “ambiguous and illegible” for customers. According to the office, “Vectra does not sufficiently specify the scope of possible changes and the situations in which they may occur, making it impossible to verify the criteria for its actions.” The Office of Competition and Consumer Protection also noted that the way in which the content of the clauses was drafted and organized makes it difficult for Vectra’s customers to read the terms and conditions and make an informed decision before signing the contract. This concerns the use of very general wording in contracts (such as “increase in public law charges”) and grounds for introducing an increase in fees.

The Office of Competition and Consumer Protection also noticed that the method of calculating the amounts of increases was unfair to consumers. Vectra increased prices by the official inflation rate, which may result in “transferring the entire responsibility for the changing economic situation to consumers,” the office explains. What’s worse, the terms of the contract do not provide for restrictions on the operator’s ability to change prices, which makes it difficult for consumers to predict a possible increase in costs resulting from the contract. At the same time, the operator did not give customers the opportunity to terminate the contract with impunity due to the price increase.

Inflation clauses, if they are to be introduced into contracts, should protect both parties and cannot be used only to the benefit of entrepreneurs. It is also a priority for consumers to know what the rules are for providing services under a fixed-term contract and to be aware of the price they will pay. Entrepreneurs cannot unilaterally change essential elements of the ongoing obligation in fixed-term contracts

– wrote the President of the Office of Competition and Consumer Protection, Tomasz Chróstny

Customers sent hundreds of complaints. Some received raises right after signing the contract

The Office of Competition and Consumer Protection also cited several complaints from customers who received information about the increase immediately after signing the contract. One of them complained that the price in his case was increased by the previous year’s inflation rate just three weeks after concluding the contract.

Another believes that the company should have prepared offers taking into account the forecast increase in costs, so that the amount could be known before signing the contract. Yet another notes that he did not expect that the amount of fees in his case would be due to high inflation during the period when his contract was not in force.

The company is now facing a huge financial penalty. If the Office of Competition and Consumer Protection’s allegations regarding the use of prohibited provisions are confirmed, Vectra will have to pay a penalty of a maximum of 10%. your turnover. The Office of Competition and Consumer Protection is also conducting similar explanatory proceedings in the case of several other operators – Orange Polska, P4, T-Mobile Polska and Multimedia Polska.