Entertainment, travelling, accommodation, transport, building works and maintenance contracts are some of the many different types of services we consumers buy from time to time.
We may also occasionally pay for professional services provided, for instance, by an architect, lawyer, estate agent or accountant. Upon paying for such services, consumers have specific rights which include, among others, the requirement that the services are of an acceptable quality and as agreed in the sales contract.
When a problem arises during the provision of a service, the sales contract is usually the yardstick used to determine whether the consumer’s claim is justified or not. So it is very important to have a written sales agreement.
The sales contract should include, among others, a description of the service, the price agreed, the method of payment, and the date or time frame when the service will be provided. It is also imperative that consumers have the service provider’s full contact details, including at least their first name and surname, postal address and telephone number.
When consumers are presented with a standard contract ready to sign, they should be careful. Before signing it they should read it and ensure they understand all the terms and conditions. Any unclear terms should be discussed and explained before signing. In situations where consumers are not comfortable with certain contract terms, they should either try to renegotiate them or simply not accept them.
Consumers are entitled to expect the service to be provided as agreed and be of an acceptable quality. Services such as repairs, works related to construction, and other services that require certain skill must be carried out to the standard of a reasonably competent trader or professional.
Services do not usually carry guarantees with them, but consumers can always ask for one when contracting someone to do a particular job or repair. If the service provider agrees to the consumer’s request for a guarantee, it is important that it is given in writing.
If the service provider agrees to the consumer’s request for a guarantee it is important that it is given in writing- Odette Vella
After the service is provided, consumers must make sure they are given proof of payment. This document is necessary in case the service provided turns out to be unsatisfactory or not as agreed during the sale.
Consumers are also responsible to report any problems immediately. It is important that consumers do not try to repair what went wrong, or give it to a third party to fix. It is the supplier of the service who must first be given the opportunity to provide a remedy.
Third parties should only be involved if the original service provider denies liability or if it is an emergency and cannot be avoided. However, even in this case, consumers should have proof that they had notified the original service supplier who could not provide a solution within a reasonable time.
Furthermore, consumers should remember that legal remedies are to be provided at no additional cost to them.
If the dispute concerns shoddy work it is advisable to keep evidence of any damages by, for instance, taking photographs. In case of home repairs or building works in general, it is always best to avoid notifying issues at the end of the job. Whenever possible, consumers should raise any concerns while works are in progress.
A common problem consumers may encounter in relation to services is that they may not be provided on the agreed date or time frame. Before complaining, consumers should ensure that the sales contract stipulates a date when the work or services should have been completed.
If not, then consumers need to first write to the service provider and give him reasonable time by when they want the works to be completed. What is reasonable will naturally depend on the type of service and how essential it is to the consumer. One should also consider the nature of the problem and whether the delay is due to circumstances beyond the service provider’s control.
If the service provider rejects the consumer’s request for a remedy, or is unable to provide the agreed service, then consumers may opt to cancel the sales contract, and where applicable, also claim financial compensation.
When complaining to the service provider, it is important that consumers do so in writing so that they have evidence. Should the service provider refuse to meet the consumers’ request for a remedy or compensation, then they may seek the assistance of the Office for Consumer Affairs at the MCCAA for further information on their legal rights and assistance in dealing with the service provider.
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