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Working out how to get compensation when your broadband goes down isn't as simple as it should be. Our simple guide explains what your rights are and the best way to get the money you deserve.
Can I get compensation when my broadband goes down?
All broadband providers are contractually bound to deliver the service you agreed to pay for with reasonable skill and care. Prolonged downtime and loss of internet connection, you could argue, would indicate a lack of skill and care. Current regulations don't entitle you to automatic compensation, but most broadband providers should pay back the cost for lost services.
But, confusingly, your ISP might not be liable when your service goes down. Faults with third-party hardware of software, for example, aren’t likely to be covered by your contract.
To get a better idea of your rights, consult the ‘Service Level Agreement’ section of your contract (it might have a different heading), which will set out the specific services you are entitled to receive by law. A legal right to receive the service you paid for is covered by the Supply of Goods and Services Act 1982 (for those who entered into contracts before October 1, 2015) and the Consumer Rights Act for those who have entered into contracts since.
How do I go about applying for compensation?
There’s no automatic process for receiving compensation (more on that later) but following some simple steps should ensure your complaint is taken seriously. Contact your ISP when your broadband goes down explaining that you believe the outage is a breach of contract. Send them, in writing, details of when the service went down and for how long. If you made phone calls to your ISPs technical or customer support lines, you can also make a case for these being refunded if you can highlight them on an itemised bill.
How to apply for compensation, and even what level of compensation you are entitled to, varies by provider. Users of TalkTalk broadband, for example, are entitled to a refund for the total cost of the service for the entire time it was down. All customers need to do is contact TalkTalk when the service goes down and again when it resumes. Compensation is calculated by the period of downtime and the cost of service for that time.
BT’s broadband terms of service explain that it may reimburse for loss of service based on period of downtime and associated cost. This is pretty standard across ISPs, but the legalese wording and specifics vary.
I want to cancel my broadband because it keeps going down. Can I do so without being charged?
Yes and no. Check the small print on your contract, if you’re outside the minimum term then you can cancel or switch providers immediately with no penalty. Most broadband deals run on 12- or 18-month contracts, if you’re still in that period you’ll have to pay a termination fee. Alternatively, if you feel your broadband provider is failing to provide the service you signed up for (if your connection keeps dropping or the speed is slow, for example) you might have cause to cancel without charge by claiming breach of contract.
My broadband provider hasn’t taken my complaint seriously. What can I do?
All ISPs in the UK are required to belong to one of two Alternative Dispute Resolution (ADR) schemes – Ombudsman Services: Communications or Communications and Internet Services Adjustment Scheme. If you're unhappy with how your broadband provider has handled your complaint or request for compensation, contact one of the ADR schemes. If you still have problems contact Ofcom, the communications regulator, directly.
Why isn’t broadband considered an essential utility?
Despite arguably being an essential utility, broadband doesn’t have the same statutory compensation rules as electricity, gas or water. Lose any of these utilities and you’re entitled to automatic compensation, but for broadband no such redress exists. Yet.
Earlier this month the government published its Digital Economy Bill, which included a number of measures to improve mobile and broadband services. Crucially, the Bill also makes clear that customers have a legal right to broadband. A Universal Service Obligation will be created, ensuring that customers get automatic compensation when they don’t get what they paid for. The Bill is set for a second reading in the House of Commons before receiving Royal Assent later this year.
This article was originally published by WIRED UK
