Does the 14-day cooling-off period apply here?

eman66

An existing subscriber rings Sky to enquire about any current special offers/reductions that might be available. Sky offer a 20% reduction in subscription if the subscriber enters a new 12-month contract. Caller agrees and shortly after receives a text confirming the new arrangement. A couple of days later the subscriber has a change of mind and no longer wants the 12-month contract. Is the subscriber entitled to cancel under the 14-day cooling off period?

slimjimmc

Yep, so long as you didn't expressly agree to waive your right to the cooling off period.

newacc2015

UPC when you are renewing over the phone, the 14 day cooling off period doesnt apply. Even though they dont actually tell you that on the phone

JimsAlterEgo

newacc2015 wrote: »

UPC when you are renewing over the phone, the 14 day cooling off period doesnt apply. Even though they dont actually tell you that on the phone

on what basis do you say that?

Lux23

newacc2015 wrote: »

UPC when you are renewing over the phone, the 14 day cooling off period doesnt apply. Even though they dont actually tell you that on the phone

It does apply. If a company tells you this, say that you have researched this and that the CRD applies to most contracts concluded over the phone, online or on your doorstep.

There are plenty of exceptions but not in this scenario.

thisistough

eman66 wrote: »

An existing subscriber rings Sky to enquire about any current special offers/reductions that might be available. Sky offer a 20% reduction in subscription if the subscriber enters a new 12-month contract. Caller agrees and shortly after receives a text confirming the new arrangement. A couple of days later the subscriber has a change of mind and no longer wants the 12-month contract. Is the subscriber entitled to cancel under the 14-day cooling off period?

No cooling off period, the reason you get a cooling off period is because you're not getting to try the good or service in person. Sounds like you haven't taken a new product but agreed to be contracted based on the same package at a lower cost. Therefore there is no new product that you need a cooling off period for

slimjimmc

thisistough wrote: »

No cooling off period, the reason you get a cooling off period is because you're not getting to try the good or service in person. Sounds like you haven't taken a new product but agreed to be contracted based on the same package at a lower cost. Therefore there is no new product that you need a cooling off period for

Irish law, specifically European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (SI No. 484/2013) makes no such distinction.

If you mean no cooling-off applies if the OP didn't actually enter a new contract then I would agree with you. The question then revolves around whether the discounted offer is actually a new contract or a continuation of the current contract under modified terms.

JimsAlterEgo

slimjimmc wrote: »

Irish law, specifically European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (SI No. 484/2013) makes no such distinction.

If you mean no cooling-off applies if the OP didn't actually enter a new contract then I would agree with you. The question then revolves around whether the discounted offer is actually a new contract or a continuation of the current contract under modified terms.

upc usually insist on the time period restarting so IMO that's a new contract

Lux23

thisistough wrote: »

No cooling off period, the reason you get a cooling off period is because you're not getting to try the good or service in person. Sounds like you haven't taken a new product but agreed to be contracted based on the same package at a lower cost. Therefore there is no new product that you need a cooling off period for

That's not correct. The cooling off period would apply if you're renewing your contract regardless of whether or not you used the service before.

Skuxx

Just a quick question regarding the cool off period entitlements if you are renewing a contract.

Say for exmple my 12 month TV contact with SKY is due to expire, I ring to give notice that when my contract expires I would like to cancel my service completly, while on the phone I am offered a better deal and decide to enter another 12 month contract, but I am told I am not entitled to any cooling off period, is this correct?

I know the standard is 2 weeks, not sure if it is different because it is a contract renewal rather then a new contract!

slimjimmc

Skuxx's thread merged with earlier thread.

Skuxx

slimjimmc wrote: »

Skuxx's thread merged with earlier thread.

Apologies, never saw the previous thread! I don't actually want to cancel my contract but was just curious as to whether they could tell me this legally!

I renewed my TV and broadband, separate contracts, and was told the same for both! With the broadband, I upgraded to the Fibre broadband from the standard, and when told I had no cool off period, I questioned what do I do if I'm not happy with the speed I receive when I upgrade, surly I'd be entitled to a period where I can see it working and I was then told I would actually be entitled to a cool down period!

Has anyone put a thread in the Sky forum questioning there reasoning behind this?

MarkAnthony

In reference to the previous discussion renewal of contracts don't have the 14 day cooling off:

PART 4

Right to Cancel Distance Contracts and Off-Premises Contracts

Application of Part 4

13. (1) Subject to paragraphs (2) and (3) and Regulation 3, this Part applies to each of the following distance contracts and off-premises contracts concluded between a trader and a consumer:

(a) sales contracts;

(b) service contracts;

(c) contracts for the supply of digital content not supplied on a tangible medium;

(d) contracts for the supply of water, gas or electricity not put up for sale in a limited volume or set quantity;

(e) contracts for the supply of district heating.

(2) This Part does not apply to any of the following distance contracts and off-premises contracts concluded between a trader and a consumer:

(a) service contracts, after the service has been fully performed if the performance has begun with—

(i) the consumer’s prior express consent, and

(ii) the consumer’s acknowledgement that he or she will lose the right to cancel the contract once the contract has been fully performed by the trader;

(b) contracts for the supply of digital content not supplied on a tangible medium where the performance has begun with the consumer’s prior express consent and with the consumer’s acknowledgement that he or she thereby loses the right to cancel the contract;

In reference to the new question - that seems odd, but you can waive the cooling-off. Looks like Sky would only supply on those terms, or the agent got it wrong.