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Getting out of Sky contract

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  • 12-08-2010 10:50am
    #1
    Closed Accounts Posts: 26


    Hi,

    I received notification that my sky subscription bill would be raised by €1 a month.

    I want to get out of the contract and am wondering does this regulation apply ti my Sky contract:

    Under Regulation 17 of the European Communities (Electronic Communications Networks and Services) (Universal Services and Users' Rights) Regulations 2003, an operator shall, not less than one month prior to the date of implementation of any proposed modification, notify its subscribers to that service of the proposed modification in the conditions of the contract for that service and their right to withdraw without penalty from such contract if they do not accept the modification.


Comments

  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    If they're changing the price then you can end the contract with no penalty. Contact Sky and tell them this.


  • Closed Accounts Posts: 26 Lian


    Thanks, I've just rang them and they told me to send it in writing to them and they will make a decision on the matter
    .


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Lian wrote: »
    Thanks, I've just rang them and they told me to send it in writing to them and they will make a decision on the matter
    .

    They can very much make that decision over the phone, any letter you send them though send it via registered mail


  • Closed Accounts Posts: 26 Lian


    The guy on the phone started off by telling me that I couldn't get out of my contract until the initial 12 months had lapsed, but when I started citing specific sections of the terms and conditions, he told me to send a letter in.

    He wouldn't give me a definitive answer on whether or not I was entitled to end the contract without penalty. I've emailed Sky to inform them of my intention to cancel the contract, and told them that I would send the request in writing also.


  • Registered Users Posts: 9,208 ✭✭✭keithclancy


    Lian wrote: »
    The guy on the phone started off by telling me that I couldn't get out of my contract until the initial 12 months had lapsed, but when I started citing specific sections of the terms and conditions, he told me to send a letter in.

    He wouldn't give me a definitive answer on whether or not I was entitled to end the contract without penalty. I've emailed Sky to inform them of my intention to cancel the contract, and told them that I would send the request in writing also.

    Yup, if they change the terms of the contract they have to give you the option of opting out.

    i.e. You sign up to a Gym, its 20 euro / month, sign up for a year then they jack up the price to 500 euros / month ...

    Extreme example but you get what i mean


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  • Registered Users Posts: 12,517 ✭✭✭✭TheDriver


    only thing is they could ask for the equipment back, at your expense to take it down etc


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    TheDriver wrote: »
    only thing is they could ask for the equipment back, at your expense to take it down etc

    They might be able to ask for the dish and box back, but not at the customers expense. They are breaking the contract, so he is entitled to get out without any penalty. If they want the dish back, then he needs to let them access to the premises to collect their property, but he won't have to pay for it.

    Putting your request in writing was the right thing to do anyway, and following up the email with a written letter is also the best way to cover yourself. After it's done, cancel your direct debit by writing to your bank.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    afaik there is a clause in the sky contracts covering price increases and states that if the increase is less than a certain percentage of the total monthly subscription over the previous 12 months you do not have the right to terminate the contract as it would be considered to be in line with inflation etc iirc this is why sky only ever increase their charges by €1-€2


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    foggy_lad wrote: »
    afaik there is a clause in the sky contracts covering price increases and states that if the increase is less than a certain percentage of the total monthly subscription over the previous 12 months you do not have the right to terminate the contract as it would be considered to be in line with inflation etc iirc this is why sky only ever increase their charges by €1-€2

    You could be right about that, and I think I remember hearing something the same, but I'm not sure that such a clause would be legally enforceable. Here is a site that details how unfair terms are not allowed in contracts.

    A non-negotiated term is unfair when it establishes a significant imbalance, to the consumer's detriment, between the rights and obligations of the contracting parties.
    Now, whether trying to implement a €1 or €2 increase would be considered a significant imbalance or not, I don't know, but it's certainly a starting point to argue against Sky with.

    If Sky are going to argue that the price increase is due to inflation, then you should point out that we are in a deflationary time.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Will the price of my subscription(s) rise during the Minimum Term?

    Under the Sky digital Subscription Contract we can increase the prices for the Stand-alone Premium Channels or extra Sky Premium Channels at any time during the Minimum Term.

    However, in all other cases we can only increase the relevant Subscription Payment once during the Minimum Term. This increase won't affect you during the first 60 days of your subscription to your chosen service(s) and will not be more than either 10% of your subscription or the increase in the UK Retail Price Index over the last 12 months before we tell you about that price increase, whichever is greater.

    Under the Sky digital Subscription Contract, if at any time you change your chosen Service, you will pay the then current price for your new Service from the day you first receive it.
    just found this from their irish webpage

    https://skyireland.sky.com/roi/site/subscription_tsandcs


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  • Moderators, Sports Moderators Posts: 19,035 Mod ✭✭✭✭slave1


    OP can you not be practical about it, how long do you have left in your contract, remember if you see your 12 month contract through all the equipment is yours and you can simply go free to air or add a new freesat box.
    I'd keep with them for the rest of the 12 month balance, if you want out of a contract over a maximum of €12 you obviously have other reasons...

    My stuff for sale on Adverts inc. EDDI, hot water cylinder, roof rails...

    Public Profile active ads for slave1 (adverts.ie)



  • Closed Accounts Posts: 26 Lian


    The reason I want out of the contract is irrelevant. My question was about whether or not I am entitled to end the contract without penalty as a result of the price increase.


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