Moving house - Broadband contract issues

mightybashful

Hi

Im in the process of moving house. I got onto my broadband provider today about installing in the new place.

They said, no problem. However I would need to sign up to a new contract. This took me a bit by surprise as it was the first I heard of such a stipulation. I'd planned on seeing out the last 3/4 months of my current contract and then changing supplier.

I told them I wasn't happy with this, and their reply was that I would be liable to pay an early termination fee.

I don't want to break my current contract, but surely I can't be forced into signing up to a new one as a consequence of changing address?

GerardKeating

mightybashful wrote: »

I don't want to break my current contract, but surely I can't be forced into signing up to a new one as a consequence of changing address?

But you are chosing to break your current contract, you have a contract with them to provide broadband services at a certain address, i gather (from your post) that this contract has 3/4 months left.

You want to break this contact early due to a house move, and they have "kindly" agreed to waive the early termination fees if you sign up to a new contact at your new address.

You are not being "forced" into a new contact, they have given you a choice, pay the early termination fee, or sign a new contract, you need to chose...

mightybashful

GerardKeating wrote: »

But you are chosing to break your current contract, you have a contract with them to provide broadband services at a certain address, i gather (from your post) that this contract has 3/4 months left.

You want to break this contact early due to a house move, and they have "kindly" agreed to waive the early termination fees if you sign up to a new contact at your new address.

You are not being "forced" into a new contact, they have given you a choice, pay the early termination fee, or sign a new contract, you need to chose...

I don't want to break a contract, I simply want to move my service. I'm at a loss to see how a change of address breaks a contract

nuac

Mod
Title amended for greater clarity

Who are you with?

I'm with Virgin and when I moved house there was no such nonsense, they just connected me up to the new place. My contract carried on as was.

*Edit* this is admittedly going back a couple of years.

GerardKeating

mightybashful wrote: »

I don't want to break a contract, I simply want to move my service. I'm at a loss to see how a change of address breaks a contract

The contract is to provide broadband at a specific address, you want to break this.

mightybashful

[Deleted User] wrote: »

Who are you with?

I'm with Virgin and when I moved house there was no such nonsense, they just connected me up to the new place. My contract carried on as was.

*Edit* this is admittedly going back a couple of years.

I'm with Vodafone. From looking round, they seem to be the only ones who have this rule.

mightybashful

GerardKeating wrote: »

The contract is to provide broadband at a specific address, you want to break this.

Is it though? I'm of the understanding it was to provide me, rather than an address with broadband.

Peregrinus

mightybashful wrote: »

Is it though? I'm of the understanding it was to provide me, rather than an address with broadband.

Well, read the contract; that will give you a definitive answer. But utility contracts are typically contracts to supply a service to a designated premises - water, gas, electricity, telephone service. Why would we expect broadband contracts to treat the matter differently?

In practice, it often makes little difference - people have been with a supplier long enough that they have a right to terminate the contract with minimal or no notice, and so they can terminate it and open a new contract for the new premises at no cost; they may think of that as "transferring the contract". Or the broadband provide may have a policy of not charging the break fee if a new contract for different premises is simultaneously started.

looksee

I have broadband with Rural Wifi, I moved house recently, they confirmed the new place would have reception and they just said, take your router with you and plug it in at the new place, I did and it worked, nothing else at all changed.

mightybashful

Peregrinus wrote: »

Well, read the contract; that will give you a definitive answer. But utility contracts are typically contracts to supply a service to a designated premises - water, gas, electricity, telephone service. Why would we expect broadband contracts to treat the matter differently?

In practice, it often makes little difference - people have been with a supplier long enough that they have a right to terminate the contract with minimal or no notice, and so they can terminate it and open a new contract for the new premises at no cost; they may think of that as "transferring the contract". Or the broadband provide may have a policy of not charging the break fee if a new contract for different premises is simultaneously started.

so this is the text of what they sent my as a contract. I've clicked the terms & conditions link, but I see no mention of this clause


Dear
We are pleased to let you know your Vodafone Home upgrade request is now in progress. We've included all the important information on your order below.
Please keep a copy of this email and make a note of your Customer Number at the top of the page as you'll need to reference this when contacting our care team.
Your order details:
Gigabit Broadband Experience 1000 (Siro)
Contract Duration: 18 Months
€25.00 a month for the first six months(€45.00 per month thereafter)
Please note there is no connection fee for this order.
For more information on your fibre broadband installation and it's WiFi capabilities please see here.
Benefits you'll enjoy:
You’ve signed up to Gigabit Broadband Experience 1000. This means you will get our fastest possible speeds of 1000mbps. At the end of your 18-month contract, we will contact you to see if you want to continue enjoying these speeds. If we can’t contact you, your service will automatically switch to Gigabit Broadband 150mbps at the end of your contract.
What happens now?
In order to get you set up for your Gigabit Broadband Experience 1000 (Siro), one of our installers will visit your home between 13:00-18:00 on the 26 May 2018.
Please check this appointment time is suitable and don't worry, we'll send you a reminder closer to the time. Please ensure someone over the age of 18 is present for the installation.
If this time does not suit, simply visit vodafone.ie/athomeselfcare or call us on 1907 to arrange another appointment. If you have rescheduled your appointment since receiving this email then please ignore the above date.
You can view FAQs, Code of Practice and full terms and conditions on vodafone.ie
My Vodafone at Home:
You are currently registered with Vodafone self-care and can check your bill online whenever you want. You can log in at broadband.vodafone.ie/myaccount. Here is a reminder of your login user name:
Confirmation of your Agreement with Vodafone:
The terms and conditions which you have accepted consist of the General terms and any applicable Service Specific terms which are all viewable on www.vodafone.ie/terms/services. Your contract will commence once your service is activated. Please note that if you exceed your package plan out of bundle charges will apply. Your contract will roll on a monthly basis after your minimum term expires. At any point you may notify Vodafone of your wish to terminate.

Cancellation Rights under the Consumer Information Regulations 2013 (if applicable): Please note that you can cancel this contract before the expiry of your 14 day cooling off period by calling 1907 and you will be liable for the cost of return. For more information on your rights please see www.vodafone.ie/df/assistance. We note your request to provide your services and charge you for those services during this cooling off period. You have accepted that where you begin to stream or download any digital content purchased, your cooling off period expires immediately.

If you do have any questions you can find out more about your cooling off rights, out of bundle charges, our customer care and complaint policy, codes of practice and lots more on vodafone.ie or you can call customer care free on 1907. All goods supplied will conform with our legal obligations.
How to get in touch:
To ensure you get the best service possible we have a dedicated care team you can call on 1907. Simply reference your Customer Number at the top of this email.
Thank you for choosing Vodafone. We'll be in touch very soon.
Yours sincerely,

Colin Coleman
Head of Customer Operations

mightybashful

looksee wrote: »

I have broadband with Rural Wifi, I moved house recently, they confirmed the new place would have reception and they just said, take your router with you and plug it in at the new place, I did and it worked, nothing else at all changed.

I was under the assumption that this would be the case here too.

SuperS54

mightybashful wrote: »

Cancellation Rights under the Consumer Information Regulations 2013 (if applicable): Please note that you can cancel this contract before the expiry of your 14 day cooling off period by calling 1907 and you will be liable for the cost of return.

Sign up to the new contract then cancel during the cooling off period?

godtabh

mightybashful wrote: »

I was under the assumption that this would be the case here too.

Under the assumption and what your contract says maybe to different things.

Last time we moved we brought our upc box with us. Plugged it in. Worked fine for about a month and then stopped. The system new we moved and wanted use to sign up again for a new contract.

mightybashful

SuperS54 wrote: »

Sign up to the new contract then cancel during the cooling off period?

This is exactly what I'm thinking. Cooling off applies to all new contracts doesn't it?

mightybashful

godtabh wrote: »

Under the assumption and what your contract says maybe to different things.

Last time we moved we brought our upc box with us. Plugged it in. Worked fine for about a month and then stopped. The system new we moved and wanted use to sign up again for a new contract.

Yes but I see nothing about moving in the contract. I contacted VF last night and was told I'd have to wait for a manager to contact me.

Peregrinus

Clause 1 of the Vodafone Fixed Telecommunications and Broadband General Terms:

"These Terms together with the Customer Application Form and any Service- specific terms and conditions, tariff plans or promotions constitute a legally binding agreement (the “Agreement”) between Vodafone and you."

And what do we find in the Customer Application Form? The very first item (after the customer's name) is the address.

So, yeah, the address to whcih the service is supplied is part of the contract.

And, in case the implications of this aren't clear, the question of a change of address is directly addressed in the General Terms, at clauses 10 to 12:

"10. You must have a service delivery address located within a geographic area covered by the network reach of the Access Provider’s network.

11. Your service address must be capable of a standard installation type as determined by the Access Provider.

12. If you move house, we will try, but shall be under no obligation, to provide you with the Services at your new address if it is within our serviceable area. You will still be liable to pay the applicable Charges in relation to the Minimum Period for the Services provided to your old address, even if you move from that address during the Minimum Period, or if we do not provide you with Services at your new address, or if your new address is outside our serviceable area. Where we agree to provide the Services to your new address, you shall be entered into a new eighteen-month minimum term contract for all Services associated with your account from the date of activation in the new address."

Is there any way to avoid this charge? Well, maybe. Clause 13:

"13. If you would like to transfer ownership of this Agreement you must complete and Vodafone must accept a valid transfer of ownership application. It is also possible to change and amend the account holder details for your Vodafone customer account. You can find out more information on www.vodafone.ie."

So, if you sell your gaff, you can ask the purchaser if he would like to take over the broadband contract. If so, you can transfer it to him. There is no charge, and he becomes responsible for the future payments. (This is how utility accounts are normally handled on property sales.) You then open a new contract for your new gaff.

Or, you could try saying to Vodafone "I am dismayed that you are charging me to terminate my service in these circumstances. I will be needing a service at my new home, but I will not be getting that service from Vodafone unless you can see your way to waiving this termination charge." They may not agree, of course, but you have nothing to lose by asking.

CIARAN_BOYLE

mightybashful wrote: »

This is exactly what I'm thinking. Cooling off applies to all new contracts doesn't it?

Well since this is legal discussion and legal advice is not allowed here (consumer issues may be better) I'll address the key legal point.

If the acceptance of a new contract is a condition of the cancellation of the old contract then cancellation of the new contract would be considered reactivation of the old contract.

mightybashful

CIARAN_BOYLE wrote: »

Well since this is legal discussion and legal advice is not allowed here (consumer issues may be better) I'll address the key legal point.

If the acceptance of a new contract is a condition of the cancellation of the old contract then cancellation of the new contract would be considered reactivation of the old contract.

So I'd only have to see out the last few months on the original contract?

CIARAN_BOYLE

mightybashful wrote: »

So I'd only have to see out the last few months on the original contract?

Thrn you would be outside the cooling off period in the new contract.

Graces7

mightybashful wrote: »

I'm with Vodafone. From looking round, they seem to be the only ones who have this rule.

I knew as soon as I saw the header it would be Vodafone. We had a similar huge hassle with them re moving. And other matters like long term overcharging.

When they started sending us letters from overseas lawyers... we simply made sure we owed them nothing, moved and signed up elsewhere without giving them our new address.

Best of luck!

Graces7

looksee wrote: »

I have broadband with Rural Wifi, I moved house recently, they confirmed the new place would have reception and they just said, take your router with you and plug it in at the new place, I did and it worked, nothing else at all changed.

when I changed address with digiweb fine also

mightybashful

Graces7 wrote: »

I knew as soon as I saw the header it would be Vodafone. We had a similar huge hassle with them re moving. And other matters like long term overcharging.

When they started sending us letters from overseas lawyers... we simply made sure we owed them nothing, moved and signed up elsewhere without giving them our new address.

Best of luck!

Thanks. Think I'll be doing the exact same!

Donald Trump

mightybashful wrote: »

Is it though? I'm of the understanding it was to provide me, rather than an address with broadband.

Might not be that simple...........If I move from an apartment in Dublin 2 and decide to live in a tent at the top of Carrauntoohil, I'm probably not going to successfully enforce their contract to supply me with high speed broadband for the remaining 10 months of my contract