OFFICE OF COMPETITION AND CONSUMER PROTECTION
Department of International Relations and Communication
CLAUSES OUT OF SPACE
A passenger on public transport is responsible for the malfunction of a ticket validator?
All student works are the property of a university? When using a gym you exercise at
your own risk, because the club does not accept liability for any injuries? Although their
application is against the law, such provisions can be found in many contracts. UOKiK
reminds what the Register of Prohibited Clauses is.
[Warsaw, 10 December 2010] 2112 provisions have been already entered into the Register of
Prohibited Clauses. 155 new clauses have been registered only since the beginning of 2010. The
majority - nearly 700 - applies to tourism, banking and financial services - 183, real estate - 247,
education - 198, insurance – 72.
The Register is a collection of provisions considered illegal by a court. It can be found at
UOKiK’s website, and entering a provision into it means that it is invalid, and no undertaking can use
it. Violation of this prohibition causes a penalty that may be imposed by the President of UOKiK.
Claims for regarding the clause as prohibited may be filed inter alia, by the President of
UOKiK, consumer organizations, consumer ombudsmen and consumers themselves.
What if validators in a bus do not work and we cannot validate the ticket? The Register gives an
answer: the court stated that a passenger who cannot validate a ticket because validators are out of
order, cannot be held responsible. In a situation when a passenger has a ticket but cannot validate it, a
ticket inspector has no right to treat it as a travel without a ticket and impose penalties. The court
decided that the carrier is responsible for the repair of ticket validators. There is also a clause in
the Register under which a student must transfer copyright to a university for his thesis
or all other works created during studies. Copyrights, in accordance with the law, belong to the
author, and can be transferred only under a separate agreement.
Moreover, the court questioned a clause which stated that a consumer can lodge a complaint only
upon receiving items from a laundry, or that in case of last minute trips he could not demand the same
as in the case of full-priced events. A club owner was not liable for injuries incurred during training at a
gym. It is worth remembering that we can file complaints for improperly provided services. Many of
the provisions entered in the Register limit the liability of undertakings for the improper
performance of an agreement, or entitle them to change the essential terms - e.g. housing price without the right to withdraw from the contract.
The Register allows for search by various criteria, such as an institution which brought an action
to the court, or by trade. Thus, consumers can easily check whether the contract they want to sign
with the travel agency does not contain unfavourable provisions. Professional market participants
should prepare standard contracts on its basis.
OFFICE OF COMPETITION AND CONSUMER PROTECTION
Department of International Relations and Communication
The Office regularly controls standard contracts for the use of prohibited clauses. If contracts may
violate the consumer rights, UOKiK brings an action to the Court of Competition and Consumer
Protection. Clauses considered prohibited by the court are entered into the register - their number
is constantly growing. For example - thanks to the intervention of the Office in October 2010, the
provisions were entered in the register, which prohibit the termination of a contract with immediate
effect without prior notice, e.g. in the case of late fees.
A consumer who suspects that his contract contains prohibited clauses should:

draw an undertaking’s attention to that fact. Remember: only prohibited provisions are invalid,
the remainder of the agreement is valid;

if an undertaking does not remove the clauses listed in the register from a contract, the
consumer may apply to the court for the recognition of provisions as non-binding;

when we have suffered injury as a result of applying prohibited clauses by an undertaking (e.g.
rejected a complaint for a trip purchased at promotional price), then we can also claim
compensation in court. In this case, the court will decide whether we should receive it and in
what amount.
Also remember to carefully read the contract before signing. It is advisable to take a copy of the
contract home before accepting the terms of an undertaking. if he does not want to give it to us,
change the contractor. In the case where we do not understand the provisions of the contract or do
not know if it contains prohibited clauses, ask for free of charge assistance of a consumer
ombudsman. Free councelling is also provided by non-governmental organisations – the Consumer
Federation, the Association of Polish Consumers under telephone number 800 800 008. Consumer
advisory in Poland is financed, inter alia, from UOKiK’s budget.
Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. (+48 22) 827 28 92, 55 60 106, 55 60 430
Fax (+48 22) 826 11 86
E-mail: [email protected]