Quote:
Originally Posted by Chad
If you are unhappy about ESPN being removed from the XL pacjage, and you are in contract term, you should be able to cancel your TV service without too much of a problem.
http://store.virginmedia.com/the-leg...es.html#ending
There are 2 sections in the terms and conditions which cover this very scenario.
Section B - f
"Some parts of the services (for example, television channels that form part of our television services and other content on, or accessible via, our television services) are supplied by other organisations. As a result, due to matters outside our reasonable control or for commercial or contractual reasons, we may change, cancel or postpone all or any component part(s) of the services without notice, but we will give you reasonable notice of any withdrawals and changes where it is possible to do so. You will be entitled to end this agreement if the changes are significant, as described in paragraph J3."
Section J - 3b
"If we and/or Virgin Media Payments make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced you may cancel those services affected without penalty by giving us and/or Virgin Media Payments (as applicable) at least 30 days' notice. Such notice must be given within 30 days of the increase in charges or changes to the services or this agreement being notified to you."
The loss of ESPN, ESPN HD, ESPN America, ESPN Classic, ESPN on demand and access to the ESPN channels via Virgin anywhere are very significant changes to your package. It's not your fault that the channels have been removed during your contract term. You didn't ask for the channels to be removed. You didn't agree to the channels being removed. The service without ESPN is not what you signed a contract for!
Remember about 7 years ago when the SKY basic channels where removed, Virgin allowed people to cancel their contracts using very similar terms and conditions. |
Putting aside any "legal" or "contractual" arguments. Can you see VM folding on their
apparent stance of not accepting the loss of these channels as a reason for nullifying the contract.
If you are a sports fan you would no doubt be right to consider this to be a
significant change. If not, then as some have already inferred, you would not call it significant. I have no idea what the viewing figures are for these channels but even if it was as low as 5% of their TV subcribers you could still argue it was significant because it effected a significant number of their client base. If it was as low as 2% view it on a regular basis say, then they could possibly argue the opposite.
Whatever the facts I cannot see VM giving in easily as it would open the floodgates for anyone wanting to get out of their contract, on the pretence that as a football/sports fan this was a significant change.
I don't believe the Sky basics is a good comparison though as it could have effected both football/sports watchers as well as those that don't watch sport at all. Therefore, potentially effecting a much more signicant client base.