Do the changes to 3’s international tariffs mean you can cancel?

May 15th, 2009 54 Comments By Paul Smith

We told you yesterday about 3 scrapping its 3 Like Home service, which allows you to use your 3 mobile or broadband in several countries abroad without additional roaming charges. As was pointed out by ourselves and other readers, 3’s justification had more than a whiff of horse manure about it.

However, one reader asked if the change would be enough to force 3 into allowing customers to cancel their contracts early, because of “detrimental changes” to the terms and conditions. All mobile phone contracts have similar wording in them, to the effect that if they want to raise prices or make changes that will have a “detrimental” affect your contract, they a) have to tell you in advance, and b) give you the option to cancel without penalty.

picture 10 Do the changes to 3s international tariffs mean you can cancel?

Here’s what your 3 contract has to say about detrimental changes:

4.1 If you are a Pay Monthly Customer, we will let you know at least one month in advance if we decide to… make any variations to your agreement which are likely to be of detriment to you

10.1(d) You can end the agreement within one month of us telling you about a variation to your agreement (which includes your Price Plan) which is likely to be of detriment to you. You must give written notice to 3 Customer Services within that month and your agreement will finish at the end of that month once we receive your notice. (A Cancellation Fee will not be charged.)

However, 4.1 also says:

Subject to the above, you will not be able to end the agreement if such variation or increase… relates solely to Additional Services

So the question is, is 3 Like Home an “additional service”? 3 will no doubt argue it is, because they don’t want you going anywhere. We’d disagree, for three reasons:

  • if you make regular use of 3 Like Home, there will be no way to receive the same service without your bill increasingly significantly
  • like other aspects of your contract, you don’t pay extra for 3 Like Home (on top of your monthly contracted rate) yet it can have a dramatic effect on your billing – it’s an inclusive service rather than an additional one
  • if you read through the terms and conditions for 3 Like Home, there’s no mention of it being a service in addition to your contract; indeed, the text states that this service is entirely dependent on your minutes and SMS allowance – again, it’s inclusive rather than additional

In other words 3 Like Home isn’t an add-on, because if the terms of those additional services are changed, you can choose not to receive their service and simply stop paying for them. Additional services are those you opt-in to, whereas 3 Like Home is already part of the service to begin with.

If you travel abroad to any of the countries covered by 3 Like Home, and you use the service on a regular basis (several times a year, perhaps once a quarter) then we think you have a case for cancelling your contract, because the change can be proved to be detrimental to you, and one that will cost you.

If you do square up to 3’s notrious customer services, remember to tell us how it goes.

Comments (54) Jump to most recent comment
  1. Posted by B Mounter August 11, 2009 at 10:11 am

    My daughter who’s been in Australia for the last 8 months didn’t get a text and was blissfully unaware of the situation. She continued using her phone until last week when she checked her account and discovered £575 usage since last bill!!! Spoken to 3 but all they will do is offer a payment plan – does she any legal rights here??

  2. Posted by gareth dunn August 16, 2009 at 2:58 pm

    phoned 3 about the fact that there terms and conditions have changed and the fact i never got the message on my phone to inform me of the change ( 3 like home ) customer services said that i had been sent the message about the changes which i didnt and i have 2 phones which i signed for at the same time and not one message on any of them….with a little arguing over the phone to this idiot i was passed to a manager ( after being on hold for 25 mins)who was a bigger liar than the last person…but then i was told i never got the message as i have never used the service as yet ,even though i was going to use it when on holiday but cant now as it will cost more money with the changes so who is telling the truth ( customer services said got the message then the manager said i didnt )(big con)….the manager then said as it was passed the 30 day period i could cancel my contract but they wanted me to buy my contract out….they then told me if i want to use my mobile abroad i should by another sim card in the country that i will be travelling or use another family members phone…lol, this company is a big con and i will advise anyone who takes a contract with this company to be very carefull as they dont care about the customer, they just want to fob people off and take there money. ( was actually on the phone for 2 hours 35 mins and still no further forward. beware….).

  3. Posted by Tom October 14, 2009 at 7:08 pm

    Well I’ve just caught up with this in October, well after the one month period, phoned then and negotiated a lower monthly line rental. and still could cancel if I wanted with no fees – breach of contract is breach of contract which ever way it is looked at.

  4. Posted by Sandeep July 20, 2010 at 11:34 am

    Hi I wondered if this method could still be used to remove my Three contract?!

    Thanks!

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