EU data cap on 2020 contract - Have rules changed in the last few months ?

[FF99]

I took out a 24 month contract in Nov 2020 with 100gb data (20 basic + 80 bonus).  At the time the rule was that the entire allowance could be used in the EU, except for those with an unlimited date allowance who were capped at 20gb.

Last summer I received texts when EU roaming advising that I was subject to a 20 (or 25?)gb data cap.  I queried this with the Twitter team and was told that nothing had changed and that I could still use my whole allowance.

I have just received the same texts, so thought I would check back again.  The twitter team tell me that in Mar / April 2022 the rules were changed (to make things fairer !!), and that EVERYONE is now subject to a 25gb cap.  

I was never told of this change (the twitter team tell me that the texts received when arriving in a roaming area are enough notice) and I consider that if it is the case that my allowance has been downgraded from 100gb to 25gb, this represents a material adverse change in my terms, so giving me a right to cancel under clause 11of the general t&c.

Has anyone else had this issue and successfully cancelled early?  Would a Vodafone rep care to comment ??

[Gemma]

@FF99 - thanks for reaching out to us. The information you’ve been provided over on Social is correct. We’re sorry if you feel that your contract’s been materially altered.

Our plans are designed for UK usage with occasional travel and the contract you have is for your UK service only. You still have 100GB to use within the UK, which is what your contracts for.

I can see you’ve confirmed you’ve now had the update by text.

So that we can discuss your account details securely, my team will be back in touch as soon as they reach your last DM to us on twitter. 

[FF99]

You says this "Our plans are designed for UK usage with occasional travel and the contract you have is for your UK service only. You still have 100GB to use within the UK, which is what your contracts for."

With great respect your answer is partly correct, but the part underlined is simply wrong.  Of course UK contracts are mainly designed for UK use, and you are able to ensure that with aspects of the Fair Use Policy which limit the number of days that it can be used outside the UK compared to use within the UK.  

As to the part underlined, the contract was sold to me in 2020 with Global Roaming as a stated contractual benefit.  That entitled me to use my whole allowance in the EU without cost as a clear contractual entitlement.     

That was confirmed last June (2021) when I raised this issue with the Twitter team.  They told me very clearly that the new 25gb free data cap did not apply to my 2020 contract.   Indeed even the current Vodafone website states clearly that "If you're on a Pay monthly plan that started before 11 August 2021, there is no change to the way you roam as long as you stay on your current mobile plan.".  

The problem is that contrary to that clear website statement, you claim to have unilaterally reduced the amount of data that I can use in the EU without charge from 100gb to 25gb.   If that is what you have done this is clearly a material adverse change in my contractual terms.   Could you please clarify why this is incorrect?   

If I can't get any sense on the forum and via the Twitter team, I shall be taking this up with the Vodafone legal department (I am a lawyer myself, so do know what I am talking about !).

[AnnS]

Hi @FF99 

From looking at the Terms and Conditions here: Pay Monthly Terms and Conditions Vodafone seem to have very well covered themselves for this change in pay monthly Terms.

If you scroll down to 'Charges for using your phone abroad' and scroll further down to the * you will see the terms for 25GB roaming fair usage policy.  Scroll further down to 'During your Agreement with us' and Vodafone have added the clause :

Changes to the Agreement. We may change the Agreement, our services (including
withdrawal of services), or charges at any time. We’ll tell you beforehand unless it relates
to additional services or out of bundle services you don’t use regularly. 

As this was a change to your data terms Vodafone should have followed procedure and sent a text notification  with plenty of notice before the change was due.

As you feel so strongly about this, you really need to be taking this up with Complaints here: Complaints .  I would suggest CISAS but not sure how this would work out when this applies to all customers and is clearly mentioned in the T & C's.

[FF99]

Although Voda can change the terms, the T&C provide that:  "If we ... change our services or the Agreement to your material detriment, you’ll have a right to leave the Agreement early without paying an early termination fee (although you’ll need to pay for your equipment subsidy."

Therefore, I believe that I am able to terminate early without penalty. I was not aware of the Complaints route, so thanks for pointing that out.   Is it any more effective than the pointless dialogue that I have already had??

[AnnS]

Quite understand @FF99 but this was not an additional service or out of bundle charges that you would have used regularly causing you to incur extra regular monthly charges, it was change of Terms for being able to use the entire data allowance roaming and placing a 25GB FUP cap.

I doubt that a Change of Terms for data roaming allowance would allow you to leave early without penalty.  The contract is for UK airtime only.  

All networks set a roaming data cap, although one network is more generous with a 50 GB roaming data cap providing you have more than 50 GB to start with.

Take it up with Complaints, not sure how far you will get but always worth a try.

[HelpfulBadger]

@AnnSis correct, and the point that needs to be made is concentrating on Material Detriment. If you don't have a history of using the roaming allowance then Vodafone won't see this as being a material detriment, even though it's a change to your contract.

If memory serves when the change was announced they notified and gave every customer who had roamed and/or used more than 25GB data abroad in the previous 12 months the right to cancel, but I don't have time to look up sources to back this up right now 🙃

[Amanda]

This is right @HelpfulBadger - when any changes such as this happen, we assess all account usage and reach out to any customers that are deemed to be detrimentally impacted by the change. 

If the impact is severe, then we usually do give these customers the option to cancel without penalty. 

Had this been the case for you @FF99, we'd have emailed you to let you know and normally a written letter is sent to the registered home address too, to ensure our customers are fully aware of their options. 

[FF99]

I am obviously interested in the responses, but ....  I do not see why I should be dependent on Voda's assessment of detriment.

Since taking out the contract my UK data usage has b.een v low. I took out a contract with a high data allowance and uncapped EU data roaming to cover my usage whilst abroad. I am well within the FUP, insofar as my visits never exceed 14 days in any 56 day period (and are often less).

Obviously travel was highly restricted between Nov 20 (when I took out the contract) and May 21, when I was able to travel again.  I have since visited Spain 6 times and used not insignificant amounts of data whilst doing so (say 2gb per day).

On this occasion I have been in Spain for 10 days and will be staying a few days more. I am close to the new 25gb limit and have therefore had to throttle back my usage. Why am I not materially adversely impacted by the change?

[Amanda]

I do understand your frustration over this @FF99 and I'm sorry for the inconvenience this has caused you - I'm not able to override or alter this decision.

As @AnnS has mentioned, the next step would be to escalate your query via the Complaints Process - we do appreciate your feedback about this and I'll pass this on for you.