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In many areas of life consumers do not have the possibility to negotiate the terms of contracts proposed to them. They are given only two options: either to sign the contract or to reject it altogether. This relates, for instance, to B2C contracts used by banks, phone operators, developers, insurance companies, travel agencies, gas and electricity suppliers, etc. This creates the threat that the contract may contain clauses detrimental to the consumer. That is why, the Civil Code provides that clauses which have not been negotiated individually are not binding for consumers if they shape their rights and obligations in a way that is contradictory to good customs and grossly violate their interests. For example, there are clauses that make the payment of a penalty the condition of withdrawing from the contract or that exclude the liability of the enterprise for non-performance or undue performance of the obligation. It should be stressed that clauses setting forth the main obligations of the parties (e.g. the price or remuneration) are always valid, provided that they have been formulated clearly.
A consumer who believes that the proposed contract contains a prohibited clause should point this out to the trader. If the enterprise does not agree to change the contested clauses, it is better to change the trader. On the other hand, if you have signed a contract containing prohibited clauses, then – pursuant to the provisions of the Civil Code – these clauses are not binding for you. If the trader does not recognise this fact, you should request the court to declare the clause not binding. For example, if you want to withdraw from a contract and its terms and conditions contain a clause that excludes such a possibility or provide for an excessively high penalty, you may claim the prohibited nature of the clauses and if the trader does not recognise your arguments, you may pursue your claim in court. In such cases, consumers may obtain assistance from the local consumer ombudsman or one of the state-funded consumer organisations (the Polish Consumers Federation, the Association of Polish Consumers).
The Office of Competition and Consumer Protection performs regular investigations into the standard contracts used in B2C transactions in may sectors – language courses, non-public schools, tourist services, insurance, banks, cable TV and gas suppliers. Consequently a series of cases was filed to the Court of Competition and Consumer Protection (CCCP). Clauses which the CCCP has found unlawful are entered in the Register of Prohibited Clauses. From that moment onwards, their use in consumer relations is prohibited. It is worth to know that the right to file cases to the CCCP is also vested to the local consumer ombudsmen, as well as in the consumer organisations and consumers themselves.