• Companies in the renewable energy sector tempt consumers with promises of cheaper electricity and clean energy, but they do not always operate fairly.
• Instead of the expected savings, consumers encounter loopholes in contracts, intrusive phone calls, and advertisements masquerading as official letters.
• The President of UOKiK has brought charges against four companies: EPG, Revolt Energy, PEGK, and Centrum Dotacji OZE. In turn, a fine of over one million zlotys has been imposed on Sunday Polska.

Growing interest in renewable energy sources presents an opportunity for cheaper electricity and heat, as well as a cleaner environment. However, the rapid expansion of the renewable energy market also attracts companies that do not always act fairly – they may include unilateral provisions in contracts, pressure consumers, or use misleading communications.

– We do not want, and will not accept, situations in which businesses exploit consumers’ lack of experience and abuse their trust. That is why we intervene both when contracts contain unfair, unilateral terms and in situations where companies exert pressure or contact consumers without their consent. The green transition is a tremendous opportunity for a better future and genuine savings, but only if it happens on fair terms – says Tomasz Chróstny, President of UOKiK.

Contracts full of loopholes: allegations against EPG and Revolt Energy

Consumers who signed contracts with EPG (now Energia Plus Gaz) may have been surprised by provisions that, in practice, worked solely to the company’s advantage. The President of UOKiK questioned, among others, the clauses allowing the company to penalise customers with fees – for example, 10 or 30 per cent of the installation value – if the consumer wished to withdraw within 14 days of signing the contract. Similarly, a penalty of 20 per cent could be imposed if the consumer failed to provide the documents required by the company on time. In practice, this meant that a slight delay or lack of contact could cost several thousand zlotys. Furthermore, if it was found that the installation was not technically feasible, the contractor could withdraw from the contract without any negative consequences, leaving the customer having wasted time. Meanwhile, it is the contractor who is responsible for carrying out a proper audit before concluding a contract for the sale and installation of equipment, in order to determine the technical feasibility of the installation.

Revolt Energy used very similar provisions. The President of UOKiK challenged clauses that allowed the company to retain advance payments in the event of withdrawal from the contract and to impose additional charges on customers. These included liquidated damages of up to 15 per cent of the project value for failure to fulfil obligations, a cancellation fee of 10 per cent of the installation price, and equipment storage fees. This meant that a customer who had paid, for example, a PLN 10,000 advance could, in practice, lose the entire amount and even be asked to make further payments. The company also reserved the right to postpone installation dates due to, for instance, “lack of availability of components” or unspecified weather conditions, and excluded its liability for the performance of the equipment offered – for example, in terms of energy generated by the panels or the electricity consumption of the heat pump. Consumers therefore risked investing tens of thousands of zlotys in installations that might not deliver the promised savings, while liability-limiting clauses could make it difficult to pursue claims.

Manipulation and aggressive marketing: allegations against PEGK and Centrum Dotacji OZE

In its dealings with consumers, Polska Energia Grupa Kapitałowa used forms designed to resemble official notices. Leaflets entitled “Announcement” or “Notice to residents of the municipality” were delivered to residents’ letterboxes and appeared to be official communications from local authorities. It was not clearly indicated that the sender was a private company or that the purpose of the leaflets was to arrange a commercial meeting. The leaflets contained warnings about alleged imminent electricity price increases of 70–80 per cent, and in some cases even 300 per cent (“we may pay four times more for electricity (…)”), which could alarm recipients and encourage them to sign a contract.

Centrum Dotacji OZE, formerly known as Eko Centrum, arranged commercial meetings for EPG, but may have obtained customer data unlawfully. The company made mass telephone calls without the prior consent of the people it contacted. The numbers were either purchased from databases or randomly generated. For consumers, this meant receiving a call from an unknown number and immediately hearing a sales pitch for photovoltaics or heat pumps. Telemarketers presented themselves as employees of the “EU subsidies department”, which could suggest a connection with government subsidy programmes.

Sunday Polska fined over a million zlotys by the President of UOKiK

Sunday Polska applied contractual provisions that significantly restricted consumer rights. The company excluded its liability for delays, citing, for example, “weather conditions”, without specifying a final deadline for the completion of the installation. In practice, this meant that consumers could wait many months for the work to be completed and had no right to withdraw from the contract without paying damages. However, snowfall or rainfall are not extraordinary events, so the company should have anticipated the possibility of working in such conditions.

In addition, Sunday Polska charged customers additional installation costs despite having previously inspected the premises and analysed the feasibility of the work. The company could change the installation contractor without informing the consumer and imposed grossly excessive liquidated damages if the customer breached the terms of the contract. Furthermore, the company restricted consumers’ rights in cases of installation defects, considering only those defects that completely prevented the use of the device to be significant.

The President of UOKiK imposed a fine of PLN 1,011,516 on Sunday Polska for unfair practices. The decision is not final.