The summer temperatures of the last few days have invigorated the lawns and made the tulips bloom. But owners were also surprised to see a poster on their land planted by a company specializing in lawn fertilization. Is the automatic renewal of this type of contract allowed?
Posted at 6:30 a.m.
Jean-Philippe had decided that this summer he was going to pamper his lawn himself.
“I therefore disposed of the invoice that Mr. Gazon sent me a little earlier this spring,” says the resident of La Prairie, then under the impression that the document did not concern him.
This company, which he had hired in the summer of 2021, has just installed a small sign on his land indicating that a treatment had been applied. And a bill for $90 was waiting for him in his inbox. Believing in a mistake, Jean-Philippe picks up the phone. This is how he learns that his contract contained an automatic renewal clause.
“I talked about my situation on Facebook and a lot of people got caught with this clause too. If I had moved, what would they have done? If I had taken another company? Who really puts a note on themselves to cancel their turf contract? »
But above all, is it legal?
Unfortunately, it is difficult for the consumer to navigate when it comes to automatic renewal, because the rules differ between industries.
Gyms and slimming clinics, for example, have absolutely no right to include such a clause in their contracts. In the telecommunications sector, fixed-term contracts – 24 months for a cell phone plan, for example – can be extended after the initial period, but only by one month at a time.
On the lawn maintenance or snow removal side, renewal is legal. But on one condition. To be valid, the clause must have been clearly brought to the attention of the consumer before he signs, insists the spokesperson for the Consumer Protection Office (OPC), Charles Tanguay. Those who believe they have been cheated can refuse to pay the bill and file a complaint with the OPC. If the case ends up in court, the merchant will have the burden of proving that his clause is applicable.
The founder and president of Mr. Gazon, Martin Haines, told me that the automatic renewal of contracts is standard practice in his industry. If he had to call each of his 35,000 customers to renegotiate a deal, he would have to start in November. “And then people tell us, ‘Call me back in the spring.’ But it’s impossible, you have to prepare. »
“Logistically, it is unthinkable to do otherwise. We have 100 trucks that come out when the snow melts. We can’t be in contract renewals at this time of the year! It’s the only way to do it. »
Martin Haines adds that his clients are notified, first by letter in February, then by email, that their contract has been renewed. No one should therefore be surprised by the fertilization of their lawn in the spring, he pleads.
Mr. Gazon still receives calls from disgruntled people.
“We tell them that it was clearly indicated at the back of the contract. That we sent them a letter which they obviously did not read. That they were sent an email reminder that they obviously didn’t read. In addition, often the client has been with us for four years and it has always worked that way. So he recognizes that he was not too much, too much into his business, ”says the entrepreneur.
The good news is that Jean-Philippe’s contract can be terminated at any time. Services will cease, but the issue of the invoice already received will remain in dispute. If he doesn’t pay it, he could be chased by a collection agency, get a blemish on his credit report, or be sued.
When you have affixed your signature to a contract with a trader, you obviously have the reflex to consider that you can’t get out of it. That you have to take responsibility for your gesture, since you have consented.
But it’s wrong !
Contracts are full of clauses prohibited by law and, therefore, without legal value.
“Even if you have accepted and wanted them,” says consumer law expert and professor at UQAM Gabriel-Arnaud Berthold.
Examples ? It is forbidden for a merchant to sell without guarantee, to give himself the right to modify the final price, to provide for the possible invoicing of costs which are not quantified (for a check without funds, say) or to release himself from any responsibility. in the event of damage suffered by his client.
The problem is that consumer contracts are not negotiated. The entire text is take it or leave it. But you can propose to the company to cross out the clauses that do not suit you. Faced with a refusal, prefer a competitor.
For his part, Louis-Philippe chose Facebook to denounce the automatic renewal of the maintenance of his lawn, convinced that he had never been informed. He is not the only one to have chosen this strategy.
This bad publicity will at least have the merit of alerting consumers.