Poland - UOKiK Decision - Provision of Internet Services

Denying consumers the right to compensation for damage resulting from non-performance of the agreement for the provision of Internet access services was one of prohibited practices committed by Elektrosat from Wrocław. The President of UOKiK fined the undertaking with over PLN 6500.

The President of UOKiK had doubts as to the content of standard agreements setting out terms and conditions for the provision of Internet access services for consumers. One of contractual provisions was equivalent to provisions contained in the Register of Prohibited Clauses, excluding in advance the undertaking’s liability for practically any damage arising from non-performance or improper performance of the agreement. It related both to damage occurring due to reasons not attributable to the operator or connected with its activities (e.g. maintenance of transmission equipment). However, in accordance with the law, an undertaking is always responsible for failure to comply with its contractual obligations which is attributable to their fault.

The President of UOKiK ordered Elektrosat to discontinue the forbidden practice and imposed a fine in the amount of PLN 6 516. The decision is not final and the undertaking may appeal against it in court.

Read the press release in Polish.