Sale of services

Angelo Pascal

Under Irish Law, is a company legally entitled to include a clause in their terms and conditions which allows them to charge for sale of services, even if no service is being provided?

If yes or no, where in legislation does it say so?

Our man in Havana

Could you explain further?

Angelo Pascal

i signed a 12 month contract with a company providing mobile broadband services.

Due to employment, i must relocate to an area where the company can no longer provide this service.

Under their terms and conditions, it states that if for any reason they're unable to provide a service and the customer wishes to terminate the contract, i must pay a termination charge.

My problem is that they can't provide a service where i'm going, so why should i keep paying them for it?

My options are:

1.Pay for each month of the contract remaining, including VAT.
2.Terminate the contract and pay for each month of the minimum period left, excluding VAT.

These are the only options, and according to my bank, they cannot cancel any direct debit to this company, only the company can!!

Surely there must be something wrong with this? ..its crazy.

Our man in Havana

Your bank is wrong. You can cancel the direct debit at any time by giving notice in writing to your bank. No reason need to be given.

Under their terms and conditions, it states that if for any reason they're unable to provide a service and the customer wishes to terminate the contract, i must pay a termination charge.

I would argue that is an unreasonable contract term and would be struck down by a court if it was ever persued. I would doubt it would ever go to court though.

I would call them up and tell them you have moved to an address where they can't give you service and ask them to cancel the contract.

Angelo Pascal

thanks Bond-007

i'll give them a call tomorrow and visit the bank again.