SKY TV Channel Mix Rip-Off

Aeronut

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Aeronut

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trisontana

OK , you say this is all about false advertising. Let me try another analogy (which I hope is better than my last one !). Suppose you book a package holiday and the company states in its brochure "this resort is renowned for its wonderful sunsets". When you get there it's cloudy every evening and there are no "wonderful sunsets". Do you sue the holiday company? Their contract with you was just to provide the hotel and flights . Similarly SKY's contract was to provide you with a package of channels for which you pay for. They may mention in their advert that you will be able to receive other free-to-air channels, but that's just an incidental "bonus", just as the holiday company talked about the sunsets. In the same way the holiday company has no control over the weather, SKY has no control over the actions of third-party channels.

We are not having a go at you for the sake of it. All we are trying to do is to stop you wasting time , effort and possibly money in pursuing a hopeless case.

Stevenj214

From Sky T&C's:

3. Channels and Programming
(a) We can replace or withdraw advertised programmes. We can change or reduce the number of hours of any Channel's broadcast. We may encrypt or unencrypt any Channel.
(b) We can vary or withdraw any Channel. We can vary or withdraw your Basic Pack or Option. We will tell you if, as a result of any such change, your Subscription Payment changes. For example;
(i) If we withdraw any Sky Premium Channel or Stand-alone Premium Channel (either altogether or as part of your Option), you will only have to pay the prevailing Subscription Payment for the Service you are actually receiving after we do so;
(ii) If we withdraw any Channels from your Basic Pack then, until the end of your Minimum term, if you request, you can keep the same Channels at no extra charge (other than price increases under Conditions 2(c), and 2(d)(i) or (ii)), except for Channels no longer offered by Sky, or where the owner of any Channel will not agree that you can receive it in this way.
(iii) If we vary your Basic Pack you can move to another Option (in which case we will confirm to you how your Subscription Payment will change);
(iv) If we withdraw your chosen Option (other than by withdrawing a Sky Premium Channel, for which see (i) above), we will move you onto the nearest equivalent Option. If this happens during the Minimum Term, your Subscription Payment will not increase before the end of the Minimum Term (other than price increases under Conditions 2(c), and 2(d)(i) or (ii)). However, if you choose to move to a different Option we will confirm to you how your Subscription Payment will change.
(c) Many Channels that we provide are supplied by other broadcasters. Their availability, and the availability of programmes on such Channels, are outside our control.
(d) We may supply bonus or other free digital channels within your Option which you will not have to pay for. We can withdraw or change these Channels without giving you notice. We can also change any bonus channel or other free channel you are receiving into a Channel that you must pay for if you want to continue to receive it. If we do the latter in respect of a bonus channel during your Minimum Term you shall continue receiving that Channel without payment until the end of your Minimum Term. If we introduce a charge for any other free channel, we will tell you what charge will apply unless you tell us that you do not wish to continue to receive that Channel.
(e) If you choose to receive 6 Mix (the Entertainment Pack) and/or any Sky Premium Channel or Stand-alone Premium Channel, Sky Publications will supply a satellite television magazine at the magazine price (if any). SSSL will collect payment of the magazine price from you as agent for Sky Publications. Your Subscription Payment will be discounted by the magazine price so the total amount you pay will be the same whether or not you receive the magazine. You can elect not to receive the magazine by calling SSSL. Sky Publications Ltd can stop providing this magazine or change eligibility for receipt of it under this arrangement, or increase the magazine price by giving you at least one calendar month's notice.
(f) This Contract does not authorise you to receive any pay-per-view services of any kind. If you do choose to purchase any pay-per-view programmes or events from Sky, each purchase will be on the relevant service's standard terms (which are supplied separately) and you authorise us to charge any payment for these pay-per-view services under the Direct Debit or credit card instruction that you provide to us under this Contract.
(g) You will not use the Service or any part of it other than to view the Channels in private for non-commercial purposes at your Address.

Gorgeous_George

Essentially, Sky's t&c's are written such that they could remove every channel and still expect you to pay your subscription.

In Aeronut's case, the simple solution is for Sky to honour their original offer and add ES to his package until the initial 12 months (or whatever) is completed. Alternatively, they could offer to allow Aeronut to cancel their agreement and remove the Sky equipment from his house.

I'm sure Sky would have prior knowledge that a channel's status was likely to change. I'm equally sure that they would not advertise this.

Good luck Aeronut. I feel Sky will ride roughshod over your complaint. There's enough mugs paying £40+ per month to watch the drivel, losing your custom will not damage their massive profits.



GG

Aeronut

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underworldjam

The part of the t&cs you have highlighted is not the relevant section. 'Other channels' refers to getting Sky Sports Extra with SS 1&2 or getting Disney Cinemagic with Sky Movies.

The relevant section is 3(a).
3. Channels and Programming
(a) We can replace or withdraw advertised programmes. We can change or reduce the number of hours of any Channel's broadcast. We may encrypt or unencrypt any Channel.

Aeronut, i do understand what you are trying to say. You are not complaining about the channel being subscription instead of FTA, but about the way that Sky advertised it. They said you would get it if you subscribed and you now don't.

I don't think you will win your fight because the terms and conditions apply to the advertisement. The advertisement says one thing, but the t&cs provide further information relating to the advertisement.

An example: An advert says 'Enter this competition and win a carsRus car!' When entering, you read the t&cs for the competition and they say 'Not open to employees of carsRus Ltd.'

The terms and conditions provide information relating to the product or service advertised. As they are clearly available to view at your choice along with the advert they apply to the advert.

An alternative way of looking at it is that what you read was not an advert at all, but part of the actual contract. If the statement (the list of free channels) was made when negotiating the contract, it may be part of the contract and thus controlled by the terms of the contract. If it is part of the contract it cannot also be an advert for the contract as you have agreed to it.

robert1980

i've been reading this thread with interest and can see where both sides of the argument are coming from, just one things to add though Aeronut. extreme sports in this case i'm sure is not classed originally as a bonus channel which it is referring to in the terms and conditions you are trying to state. it was classed as a FTA channel which has now been moved to a subs package, which in this case your section of the T&C's will not cover as it only mentions bonus channels.
also don't you think a company like sky will already have this covered? good luck but don't think you will win this one.

Stevenj214

Aeronut wrote:

If we do the latter in respect of a bonus channel during your Minimum Term you shall continue receiving that Channel without payment until the end of your Minimum Term.

Extreme TV is not a bonus channel. A bonus channel is for example Sky Sports 3 (you pay for Sky Sports 1 and 2 and get SS3 as a bonus channel)

C_Ronaldo

Aeronut wrote:

Ronaldo you say can see my point and you are with Trisontana on this. That's because Trisonata is going on about a different matter form my complaint with Sky.

aeronut i understand where your coming from in that sky advertised that if you signed up to sky you would get a selection of channels including extreme sports, so you sign up to sky expecting to watch the channel but the channel is moved to a package where you have to pay, how is that skys fault, sky cant see what the bosses of certain channels will decide to do with their own channels can they