Complaints about the telecommunications service - template with discussion
Legal basis for the complaint
As a rule, the liability of a telecommunications undertaking for non-performance or improper performance of an obligation related to the provision of telecommunications services is determined by the provisions of the Civil Code. Certain specific rules apply to the liability related to the provision by a telecommunications undertaking of the so-called universal service, international services and with improper fulfillment of the obligation to port a number.
Both consumers and entrepreneurs will be most interested in complaints about the universal service, i.e. a set of telecommunications services along with facilities for disabled people, provided with the use of any technology, while maintaining good quality and at an affordable price, which should be available in the territory of the Republic of Poland (Art. 81 of the Act of July 16, 2004, Telecommunications Law). In turn, the complaint procedure and the conditions to be met by a complaint of a telecommunications service are specified in the Regulation of the Minister of Administration and Digitization of February 24, 2014 on complaints about telecommunications services. The amount of compensation is usually determined by the Regulations for the provision of telecommunications services, which constitute an integral part of the contract with the operator.
When can you advertise a telecommunications service?
The telecommunications service may be advertised in the following cases:
1.failure to meet the deadline for concluding a contract for the provision of universal service or the network connection service for the purpose of ensuring the use of the broadband internet access service, due to the entrepreneur's fault,
2.for failure to meet the deadline for the commencement of the provision of these services, specified in the contract for the provision of telecommunications services, due to the fault of the service provider,
3.non-performance or improper performance of the telecommunications service,
4. incorrect calculation of receivables for the provision of telecommunications services.
The deadline for submitting a complaint
Recipients of telecommunications services have a relatively long time limit for submitting a complaint, but after this is exceeded, it will not be considered. The complaint may be submitted within 12 months from the last day of the billing period in which the interruption in the provision of telecommunications services ended, or from the date on which the service was improperly performed or was to be performed, or from the date of delivery of an invoice containing incorrect calculation of the amount due for providing a telecommunications service.
Form of submitting a complaint
The complaint may be submitted at any point serving the users of a given telecommunications service provider. A complaint may be submitted in three ways:
in writing - sent by post or submitted in person at a customer service point,
in electronic form using electronic means of communication, if such means have been indicated for this purpose by the service provider, e.g. on the form available on the service provider's website,
orally - the complaint may be submitted to the protocol at the customer service point, and even by phone.
Regardless of the form of submitting the complaint, the service provider is obliged to confirm the receipt of the complaint on paper (except for complaints sent electronically), unless the complainant agrees that the reply to the complaint should be sent to the e-mail address provided by him, or another address indicated by advertising the means of electronic communication.
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A complaint about a telecommunications service should contain the following information:
name and surname or name (legal persons) and address of residence or registered office of the advertiser,
specification of the subject of the complaint and the period complained about,
presentation of the circumstances justifying the complaint,
the number assigned to the complainant to which the complaint relates (repeated complaint),
registration number, given to the advertiser by the service provider or the address of the network termination point (it can usually be found on the contract or the bill for the service),
depending on the type of complaint submitted
- the date of submission of the application for conclusion of the contract or
- the date of concluding the contract and the date of commencement of the provision of the telecommunications service specified therein.
7.the amount of compensation or other receivables resulting from the contract for the provision of telecommunications services or from legal provisions, if the claimant demands their payment,
8. bank account number or address appropriate for the payment of compensation or other receivables or an application for crediting them towards future payments
9. the signature of the claimant - in the case of a complaint submitted in writing.
If the complaint is not complete, the unit of the service provider examining the complaint, if it deems it necessary for the proper consideration of the complaint, should immediately call the claimant to supplement it within a period of not less than 7 days. If we do not complete the complaint in the indicated scope, it will not be considered.
Do you need more information on the complaint of the service? You will find them in the following articles:
What is the difference between a product complaint and a service complaint?
Complaint of work - what to do when there are defects?
Complaints about the postal service - template with discussion
Response to the complaint
The reply to the complaint is provided in the same form as the confirmation of its acceptance. The answer should be given within 30 days from the date of its submission. If the complaint is not considered within this period, it is presumed that it has been accepted (Article 106 (2) of the Telecommunications Law).
In its content, an entrepreneur providing telecommunications services should include:
1.the name of the service provider's unit examining the complaint,
2.information about the date of submission of the complaint,
3.a decision on the recognition or refusal to recognize the complaint,
4.in the case of awarding compensation or reimbursement of another amount due - specification of the amount and date of its payment or return, or indication that the amount of compensation or other amount due will be credited towards future payments, as requested by the claimant,
5.information on exhausting the complaint procedure and the right to pursue claims in court proceedings, and in addition, if the complainant is a consumer, about the possibility of an amicable settlement of the dispute before the President of the Office of Electronic Communications (UKE) or in arbitration proceedings at the President of UKE,
6. identification data of the authorized employee representing the service provider, including his name, surname and position.
In the event of refusal to recognize the complaint in whole or in part, the response to the complaint should additionally contain factual and legal justification and be delivered to the complainant by registered mail (when the response to the complaint is provided on paper).
If the service provider's reply has not been received by us, we may request a reply to be sent again, a copy or a duplicate.
The Regulation of the Minister of Administration and Digitization of February 24, 2014 on complaints about telecommunications services says that:
- "A complaint may be submitted within 12 months from the last day of the billing period in which the interruption in the provision of telecommunications services ended, or from the date on which the service was improperly performed or was to be performed, or from the date of delivery of an invoice containing incorrect calculation of the amount due for the provision of a telecommunications service.
- A complaint may be submitted to any unit serving the users of a given service provider.'
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What to do when the complaint is not accepted?
Pursuing claims related to improper performance of a telecommunications service in court or by alternative dispute resolution methods is possible only after exhausting the complaint procedure. In the Telecommunications Law, Art. 109 and 110, the legislator decided to regulate alternative methods of resolving disputes between a consumer and a telecommunications undertaking. A subscriber who is a consumer has the right to submit a civil law dispute with a telecommunications undertaking to mediation by the President of the Office of Electronic Communications. This procedure is initiated at the consumer's request, and even ex officio, if it is required by the protection of the consumer's interest. Property rights disputes between a consumer and a telecommunications undertaking resulting from contracts for the provision of telecommunications services may also be settled by permanent consumer arbitration courts operating at the President of UKE.
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