Determinations

TDR Case Note T010796 (2015)

Background

The Customer’s complaint was that when she joined the provider, she was told she was not in a contract and could cancel at any time. However, when she cancelled her connection she was told she had to provide 30-days' notice of cancellation. She considered this was a 30-day contract and did not apply to her based on what she was told when she signed up. She wanted the 30-day notice fee reimbursed to her. The Customer considers there is a disagreement over what a contract is.

The Provider submitted the Customer joined and was bound by the terms and conditions which provided that a Customer could cancel the service provided they give 30-days' notice.

Adjudicator’s decision

The Adjudicator considered the legal elements of a contract. It was found that the Customer was in a contract because a contract consists of offer and acceptance, consideration (payment or provision of a service), intention to enter into a legally binding relationship and the capacity of the parties to enter into a legally binding agreement. When a Customer signed up with any Provider they are agreeing to be bound by the terms and conditions. The terms and conditions are set out on the Provider’s website and it is up to the Customer to read these so they understand the In this Customer’s case she was not signing up to any specific term or length of time.

The terms and comditions set out that a Customer may cancel the service provided they provide a 30-days' notice period.

Final outcome

The Customer was bound by the terms and conditions and the complaint was dismissed.