Hello,

first of all: Sorry for the maybe long and convoluted sentences, I can't
help it, I am German. (-;

Let's assume two parties have a contract over an ongoing service, such as a
magazine subscription, a mobile contract or broadband access. Is it possible
for the service provider to announce a change of terms and conditions, and
the change then applies automatically to the running contracts rather than
only new ones?

I seem to recall that in German law the customer can refuse to accept these
changes if they are to his disadvantage, and then the provider can either
let the contract run under the old terms, or he has to give the customer to
leave the contract without penalty. It might be completely different in the
UK, so what is the situation like?

I would do some web research myself if I knew what terms to search for; I
suspect the right legalese terms might yield some results, so I am happy to
just receive some pointers.

Regards,
Gunde

Gundemarie Scholz wrote:

> I would do some web research myself if I knew what terms to search for; I
> suspect the right legalese terms might yield some results, so I am happy to
> just receive some pointers.
"variation" is the word you're looking for.

Consumer contracts are not always treated the same as general business contracts.


-- 
Peter Fox
Beer, dancing, cycling and lots more at www.eminent.demon.co.uk

On Thu, 20 Dec 2007 19:23:55 +0000, Gundemarie Scholz wrote:

> Hello,
> 
> first of all: Sorry for the maybe long and convoluted sentences, I can't
> help it, I am German. (-;
> 
> Let's assume two parties have a contract over an ongoing service, such
> as a magazine subscription, a mobile contract or broadband access. Is it
> possible for the service provider to announce a change of terms and
> conditions, and the change then applies automatically to the running
> contracts rather than only new ones?
> 
> I seem to recall that in German law the customer can refuse to accept
> these changes if they are to his disadvantage, and then the provider can
> either let the contract run under the old terms, or he has to give the
> customer to leave the contract without penalty. It might be completely
> different in the UK, so what is the situation like?
> 
> I would do some web research myself if I knew what terms to search for;
> I suspect the right legalese terms might yield some results, so I am
> happy to just receive some pointers.
> 
> Regards,
> Gunde

As a consumer, you are protected against unfair standard terms in 
contracts you make with traders by the Unfair Terms in Consumer Contracts 
Regulations (UTCCRs).

The UTCCRs can protect you from terms that reduce your statutory or 
common law rights and from terms that seek to impose unfair burdens on 
you over and above the ordinary rules of law.

An unfair term in a contract covered by the UTCCRs is not binding on you.

http://www.consumerdirect.gov.uk/before_you_buy/think_of/unfair-contracts

Gundemarie Scholz wrote:

> Hello,
> 
> first of all: Sorry for the maybe long and convoluted sentences, I
> can't help it, I am German. (-;
> 
> Let's assume two parties have a contract over an ongoing service,
> such as a magazine subscription, a mobile contract or broadband
> access. Is it possible for the service provider to announce a change
> of terms and conditions, and the change then applies automatically to
> the running contracts rather than only new ones?
> 
> I seem to recall that in German law the customer can refuse to accept
> these changes if they are to his disadvantage, and then the provider
> can either let the contract run under the old terms, or he has to
> give the customer to leave the contract without penalty. It might be
> completely different in the UK, so what is the situation like?
> 
> I would do some web research myself if I knew what terms to search
> for; I suspect the right legalese terms might yield some results, so
> I am happy to just receive some pointers.
> 
> Regards,
> Gunde

Are we talking domestic or commercial contracts 

In the uk domestic contracts have to meet statuatory requiremens for
them to be enforceable

In general the contract terms need to be fair , any explicit expression
which allows the supplier to vary the contract , price etc should allow
the purchaser the right to cancel the service without penalty . It does
however allow conditions to be applied if the supplier has provided you
for instance an expensive piece of equipment such as a mobile phone or
has incurred a substantial initial cost to supply you the service to
recover that cost if you would decide to terminate the contract because
of a price variance within the initial contract term.

You cant terminate the contract if the price increases are imposed by
the elected government or its officials  (tax vat etc)


--

"Gundemarie Scholz"  wrote in message 
news:5svtqbF1aji9vU1@mid.individual.net...
> Hello,
>
> first of all: Sorry for the maybe long and convoluted sentences, I can't
> help it, I am German. (-;
>
> Let's assume two parties have a contract over an ongoing service, such as 
> a
> magazine subscription, a mobile contract or broadband access. Is it 
> possible
> for the service provider to announce a change of terms and conditions, and
> the change then applies automatically to the running contracts rather than
> only new ones?

If you read the original contract it probably gives the service provider to 
amend the T&C provided certain conditions are met. If so, you gave the 
service provider that  right as part of the original contract that you 
signed up to.

"OG"  wrote in message 
news:5t2ostF1bqb5fU1@mid.individual.net...
>
> "Gundemarie Scholz"  wrote in message 
> news:5svtqbF1aji9vU1@mid.individual.net...
>> Hello,
>>
>> first of all: Sorry for the maybe long and convoluted sentences, I can't
>> help it, I am German. (-;
>>
>> Let's assume two parties have a contract over an ongoing service, such as 
>> a
>> magazine subscription, a mobile contract or broadband access. Is it 
>> possible
>> for the service provider to announce a change of terms and conditions, 
>> and
>> the change then applies automatically to the running contracts rather 
>> than
>> only new ones?
>
> If you read the original contract it probably gives the service provider 
> to amend the T&C provided certain conditions are met. If so, you gave the 
> service provider that  right as part of the original contract that you 
> signed up to.

See the other answers.  Such a clause is likely to be invalid.

tim

tim..... wrote:

> 
> "OG"  wrote in message
> news:5t2ostF1bqb5fU1@mid.individual.net...
> > 
> >"Gundemarie Scholz"  wrote in message
> news:5svtqbF1aji9vU1@mid.individual.net...
> > > Hello,
> > > 
> > > first of all: Sorry for the maybe long and convoluted sentences,
> > > I can't help it, I am German. (-;
> > > 
> > > Let's assume two parties have a contract over an ongoing service,
> > > such as  a magazine subscription, a mobile contract or broadband
> > > access. Is it  possible for the service provider to announce a
> > > change of terms and conditions,  and the change then applies
> > > automatically to the running contracts rather  than only new ones?
> > 
> > If you read the original contract it probably gives the service
> > provider  to amend the T&C provided certain conditions are met. If
> > so, you gave the  service provider that  right as part of the
> > original contract that you  signed up to.
> 
> See the other answers.  Such a clause is likely to be invalid.
> 
> tim

The clause wouldnt be invalid it would however need to be clarified and
point out any remedies you have (like cancelation), otherwise it would
be almost inpossible for any service provider to increase prices which
is a basic requirement in many long term supply contracts where the
service provider often buys in the services themselves (utility
companies)

--

"tim....."  wrote in message 
news:5t4anfF1bod7pU1@mid.individual.net...
>
> "OG"  wrote in message 
> news:5t2ostF1bqb5fU1@mid.individual.net...
>>
>> "Gundemarie Scholz"  wrote in message 
>> news:5svtqbF1aji9vU1@mid.individual.net...
>>> Hello,
>>>
>>> first of all: Sorry for the maybe long and convoluted sentences, I can't
>>> help it, I am German. (-;
>>>
>>> Let's assume two parties have a contract over an ongoing service, such 
>>> as a
>>> magazine subscription, a mobile contract or broadband access. Is it 
>>> possible
>>> for the service provider to announce a change of terms and conditions, 
>>> and
>>> the change then applies automatically to the running contracts rather 
>>> than
>>> only new ones?
>>
>> If you read the original contract it probably gives the service provider 
>> to amend the T&C provided certain conditions are met. If so, you gave the 
>> service provider that  right as part of the original contract that you 
>> signed up to.
>
> See the other answers.  Such a clause is likely to be invalid.

There is no specific 'likelihood' that such a clause would be invalid. It 
'may' be invalid if the way that changes to T&C was demonstrably unfair to 
the purchaser of the services, but disallowing variation of T&C (including 
price) would equally be unfair to the service provider.