Friday, June 17, 2016

Mobile phones. What will change in loyalty rules – Daily News – Lisbon

The law enters into force within 30 days

The telecom operators will be required to offer contracts without any loyalty or contracts with 6:12 months of loyalty in option to the maximum retention of 24 months, from mid-July.

“the companies that provide electronic communications services accessible to the public shall offer all users the possibility to conclude contracts without any loyalty, as well as contracts with 6:12 months retention period for each benefit provided to you “, reads a Law published today in the Official Gazette and was promulgated by the President of the Republic just over a week.

the law enters into force within 30 days but has immediate effects as regards the prohibition to companies oppose the complaint (the end) of contracts “on the initiative of subscribers, based on the existence of a period of loyalty, or require any charges for breach of a loyalty period, if they are not proof of the consumer’s willingness to manifestation.”

diploma further defines that undertakings providing public communications networks or electronic communications services cover lower values ​​for early termination of contracts and those who establish with their subscribers periods loyalty are required to provide them “at the time and whenever requested “all information relating to the remaining term of his contract and the value associated with the early termination of the same.

with regard to contracts that establish a loyalty period, telecom operators must keep in the case of telephone celebration, the recording of telephone calls throughout the agreed duration of initial or subsequent, plus the corresponding period of limitation and prescription.

Since the total length of the commitment period in contracts for the provision of electronic communications services concluded with consumers may not exceed 24 months.

However, the law allows an exception to allow “may establish additional periods of loyalty, up to 24 months provided that, cumulatively, “” contractual changes involve upgrading equipment or technology infrastructure or there is an express acceptance by the consumer. “

in the case of in-person sales, operators must ensure through any written means that the subscriber is properly informed of the agreed term periods.

And where the contract is concluded by phone or by other means of distance communication, the consumer is bound ” only after signing contract proposal or send your written consent to the supplier of goods or service, except where the first telephone contact is made by the consumer. “

During the commitment period, the charges to the subscriber as a result of the termination of the contract on its own initiative, may not exceed the costs that the supplier had with the installation of the operation, “being prohibited the levying of any return for indemnity or compensatory title.”

the charges for early termination of the contract with loyalty period, “the initiative of the subscriber should be proportional to the advantage conferred upon it and as such identified and quantified” in the contract, “there can therefore respond automatically to the sum of value of future benefits “the date of termination (payable to the set date).

the undertakings providing public communications networks or electronic communications services will be required to make available to the public, as well as who expressed an intention to sign a contract for services they provide “adequate, transparent, comparable and up to date on standard terms and conditions” on access and use of services.

Before the celebration the contract, operators now have to provide future customers with information on the standard prices charged, “explaining the amounts owed by each of the services provided and the content of each price element.”

in these information should then include the charges for service activation and access, use and maintenance, “detailed information” about the normal discounts and special and targeted tariff schemes, any additional charges, costs relating to rented terminal or whose transit property to the customer and further charges due on termination of the contract, including the return of equipment or penalties for early termination at the initiative of subscribers.

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