Poland - Clauses out of space
A passenger on public transport is responsible for the malfunction of a ticket validator? All student works are the property of a university? When using a gym you exercise at your own risk, because the club does not accept liability for any injuries? Although their application is against the law, such provisions can be found in many contracts. The Office of Competition and Consumer Protection (UOKiK) reminds what the Register of Prohibited Clauses is.
2112 provisions have been already entered into the Register of Prohibited Clauses. 155 new clauses have been registered only since the beginning of 2010. The majority - nearly 700 - applies to tourism, banking and financial services - 183, real estate - 247, education - 198, insurance – 72.
The Register is a collection of provisions considered illegal by a court. It can be found at UOKiK’s website, and entering a provision into it means that it is invalid, and no undertaking can use it. Violation of this prohibition causes a penalty that may be imposed by the President of UOKiK. Claims for regarding the clause as prohibited may be filed inter alia, by the President of UOKiK, consumer organizations, consumer ombudsmen and consumers themselves.
What if validators in a bus do not work and we cannot validate the ticket? The Register gives an answer: the court stated that a passenger who cannot validate a ticket because validators are out of order, cannot be held responsible. In a situation when a passenger has a ticket but cannot validate it, a ticket inspector has no right to treat it as a travel without a ticket and impose penalties. The court decided that the carrier is responsible for the repair of ticket validators. There is also a clause in the Register under which a student must transfer copyright to a university for his thesis or all other works created during studies. Copyrights, in accordance with the law, belong to the author, and can be transferred only under a separate agreement.
Moreover, the court questioned a clause which stated that a consumer can lodge a complaint only upon receiving items from a laundry, or that in case of last minute trips he could not demand the same as in the case of full-priced events. A club owner was not liable for injuries incurred during training at a gym. It is worth remembering that we can file complaints for improperly provided services. Many of the provisions entered in the Register limit the liability of undertakings for the improper performance of an agreement, or entitle them to change the essential terms - e.g. housing price - without the right to withdraw from the contract.
The Register allows for search by various criteria, such as an institution which brought an action to the court, or by trade. Thus, consumers can easily check whether the contract they want to sign with the travel agency does not contain unfavourable provisions. Professional market participants should prepare standard contracts on its basis.
The Office regularly controls standard contracts for the use of prohibited clauses. If contracts may violate the consumer rights, UOKiK brings an action to the Court of Competition and Consumer Protection. Clauses considered prohibited by the court are entered into the register - their number is constantly growing. For example - thanks to the intervention of the Office in October 2010, the provisions were entered in the register, which prohibit the termination of a contract with immediate effect without prior notice, e.g. in the case of late fees.
Read the press release.