Important: This guideline was revised in April 2008; however, the changes have not been translated into English yet.
Print-friendly version (pdf)
Content:
1. Scope and definitions
2. The main principles
3. Information about telecom equipment and services
4. Agreements
5. Contractual terms and conditions
6. Where to find information about how to lock the SIM card
7. Porting telephone number to another carrier
8. Termination of agreement
9. Invoicing
10. Breach of contract
11. How to keep the use of the mobile telephone under control: billing control arrangements
12. Children and young people
13. Customer service
14. Provision of telecom equipment in the repair period
15. Effectuation
Please note that the sections in brackets refer to the equivalent section in the 2005 Marketing Practises Act. Where the old sections are not followed by references, the section is the same.
The following guideline, 'Best Practise in the Telecommunications Industry', is a result of negotiations between:
The Danish Consumer Ombudsman, DCO, The Danish Consumer Council (NGO), the Telecommunication Industries Association in Denmark, Danish Commerce and Services, the Confederation of Danish Industries, the Danish IT Industry Association and the Umbrella Organisation for Consumer Electronics in Denmark.
The National IT and Telecom Agency and the Danish Competition Authority also took part as observers.
The following guideline with a commentary is issued in accordance with section 17(1) (now section 24) of the Danish Marketing Practises Act.
This guideline expresses the DCO’s opinion of what constitutes good marketing practises in the telecommunications industry, and it is incumbent on all players in the market to observe it.
This guideline deals with marketing, terms of contract and customer service in relation to consumer sales, hire and lease of telecom equipment and services.
Sales and marketing of information and content services are not included here.
Where telecom equipment or services are used as payment instruments, the Act on Certain Payment Instruments applies.
Commentary:
Section 3(4) of the Act on Competitive Conditions and Consumer Interests in the Telecommunications Market provides further definitions of information and content services:
Information and content services shall mean any form of electronic provision of information or content to which other end-users get access via a telecommunications network or a telecommunications service on the basis of an individual request.
MMS and text content services are examples of this.
All players in the market, including providers of telecommunications networks or services, whether public or commercial, as defined in section 5 of the Act on Competitive Conditions and Consumer Interests in the Telecommunications Market should observe the guideline. Further, businesses and traders, who market, produce or in any other way act as middlemen in connection to telecom equipment and services should also observe the guideline.
The guideline is not an exhaustive account of all aspects surrounding the telecommunications market. Even if not mentioned here, an issue may nevertheless give rise to concern and contravene the principles of good marketing practises.
The guideline complements the rules in force at the time in question in relation to the telecommunications market.
The DCO is aware that a liability provision has come into being as a result of negotiations between the Danish Consumer Council and the Telecommunications Industry. As the DCO has not participated in this discussion, the provision will not be discussed here.
Suppliers of telecom equipment or services should in connection to conclusion of agreements provide subscribers with clear and adequate information about the equipment or the service, including relevant price information, special terms, functions etc.
Further, carriers/providers should put the subscriber in a position to use the equipment or service correctly; i.e. the network provider should provide the subscriber with adequate information about configuration and installation of equipment and services.
Marketing of telecom equipment must not be incomplete or contain statements that are likely to mislead the consumer as to the nature and favourability of the offer, the functions of the equipment etc.
Marketing of combined products in connection with telecom equipment and services, e.g. a mobile telephone that comes with a subscription, must state clearly and legibly information that is deemed crucial to the consumer’s final choice. The services and/or equipment that make up the offer must be displayed in a balanced manner in the advertising so that important parts of the offer carry more weight in the marketing material
Marketing of Internet connections should state the Internet connection speed available to end-users as well as upload and download speed. If the connection speed quoted is only obtainable under special circumstances, then these circumstances should be stated.
If the speed of the Internet connection enables the consumer to watch television or video, this should be stated. The download speed should likewise be quoted.
Pursuant to section 3 (now section 5) of the Danish Marketing Practises Act, a manual written in Danish should come with any purchase that requires it - this also applies to telecom equipment. When it comes to technically advanced equipment, it may be sufficient with an installation folder in Danish or a Scandinavian language provided that a more thorough manual in English is also included in the purchase.
Commentary:
It is important to ensure that business and trade do not make use of misleading or unreasonably incomplete statements or misleading practise, cf. section 2 (now section 3) of the Danish Marketing Practises Act. Further, proper instruction as to the use of telecom equipment and services should also be provided cf. section 3 (now section 5) of the latter Act.
To direct a consumer to a web site or encourage him or her to ring a stated number in the marketing material in order to retrieve important information about the marketed product does not meet the requirements.
In order to ensure that Internet connection subscriptions and WAP services are used and invoiced correctly, the installation and use of the consumer’s equipment must be in order as unintended misuse of services owing to faulty installation etc. are better prevented this way.
Marketing of telecom equipment or services whose use may result in unintended misuse should not be practised.
Further many subscribers falsely believe that on upgrading their Internet connection with the same Internet service provider, typically when upgrading from a modem connection to an ADSL connection, this will automatically terminate any prior agreement and existing lines. This, however, is not the case.
Subscribers should therefore be adequately informed about how to set up the connection correctly. When a subscriber changes his/her Internet connection subscription, the provider should inform the subscriber that this does not automatically terminate a prior agreement. It has to be cancelled separately.
Price transparency is the ultimate aim. Therefore it is important that marketing of combined products, i.e. a mobile telephone that comes with a subscription, should avoid giving a lower priority to or omit information which is highly important for the subscriber to assess the offer before making the final choice. The informational components in the marketing material carry more weight and should be displayed accordingly.
In the event that equipment and/or services of a lesser value are included in the total offer, these may be given less attention in the layout. If, for instance, a bag is included in a mobile telephone offer with a subscription, then the bag does not have to be equally emphasised in the marketing material.
The market for Internet connections is characterised by a large supply of products that require advanced technical skills to handle. As not all subscribers possess that knowledge, adequate information about how to solve common problems that people are likely to encounter should be provided.
As the connection speed is the factor most decisive to most consumers when comparing offers, it should be quoted in the marketing material. If, however, the possible applications are not stated, it should be stated how to view this easily elsewhere, e.g. on the provider’s website, outlets etc.
3.1. Information about costs and prices
Advertising which include price information must always state all basic costs, fixed as well as variable, along with the terms and conditions necessary to assess the offer properly. The price information should be displayed in a balanced manner so that important information carries more weight in the marketing material.
Marketing relating to telecom equipment and services should quote the total minimum price to be paid by the subscriber as a result of contractual obligations. This amount should be quoted as one, total price (total minimum charge).
When launching a marketing initiative, due attention to the form of the media should be given.
Advertising with complicated price structures and information should in general not appear in transient types of media such as radio and television.
If, for some reason, advertising with price information nevertheless appears in these media forms, section 2 (now section 3) of the Danish Marketing Practises Act on incomplete and misleading information must be complied with.
Commentary:
Competition on the market for telecom products and services has intensified; yet, one of its characteristics remains its lack of price transparency. This owes, among other things, to a complicated price and product structure and special contractual arrangements. These factors add to the difficulty of assessing offers and advertising material.
In this connection marketing of mobile telephones deserves special attention. Lengthy subscription periods are often part and parcel of mobile telephone purchases, and this factor has made the marketing not only difficult to assess, but also often incomplete.
Principles on how to promote price transparency has thus been put forward – Principles that will benefit subscribers and telecom carriers/providers alike.
When assessing an offer the costs most relevant include:
- The price of the subscription
- Minimum usage requirements (may be quoted on a monthly basis)
- Installation charge
- Invoice fees and the like
- Other relevant fixed costs
The total minimum charge includes all fixed costs that the subscriber must pay as a result of contractual obligations. This applies regardless of the nature of the subscription, i.e. whether the mobile telephone offer comes with a fixed subscription period or the offer consists of a combination of a mobile telephone and subscription.
The information may be itemised as follows:
Calculation 1
Product or service
Price (DKK)
Mobile telephone 499
DKK 199 monthly subscription fee for 6 months (6 ? 199) 1,194
Installation charge 99
Total minimum charge in the subscription period 1,792
Calculation 2
Product and service
Price (DKK)
Mobile telephone 999
Monthly subscription fee 0
DKK 199 minimum usage requirement for 6 months (6 ? 199) 1,194
DKK 20 monthly invoice fee for 6 months (6 ? 20) 80
Total minimum charge in the subscription period 2,313
Information about variable prices/costs or conditions essential to the consumer may include:
- Minute tariffs
- Text and MMS tariffs etc.
- Minimum call charges
- Other subscription-related costs
Advertising with prepaid solutions should quote the price rather than the number of minutes available for talk.
When telecom services, post-paid and quoted as data amount, e.g. Mb or the like, are marketed as such, it may be difficult for the ordinary subscriber to make sense of the information provided. As far as possible the application possibilities pertaining to the data amount should be stated, e.g. by reference to a website.
Price information marketed in transient media forms should make sense to the viewer/listener. The fact that radio and TV only transmit commercial messages once (but with possible intervals) leaves little room for reconsideration of the offer on the part of the consumer. Hence marketing practised in these media should be as clear and unambiguous as in any other media. Terms and conditions related to the offer and conspicuous in the marketing, must be in balance with the main commercial message.
3.2. Further information
Where special and essential terms and conditions important for further assessment of the offer apply, this should be stated in the marketing material.
Commentary:
Special terms and conditions of significant importance for further assessment of the offer may include:
- Conditions and technical requirements etc. In order to obtain the marketed offer, the consumer may have to accept that the mobile telephone comes with an obligatory subscription, or that the establishment of an Internet connection may be conditioned on purchasing a subscription to a fixed network connection
- Information about the obligatory subscription period, its duration and financial consequences of early termination
- Information about mobile carriers. A mobile telephone may be SIM-locked to a carrier, and information about the duration of a SIM lock along with the financial consequences of having the telephone unlocked early should be stated
- Information about important restrictions that apply to the use of the service
- The duration of the offer
- Information about whether the offer is available to certain groups of customers only
- Information about whether the service is available in a limited geographical area only.
Carriers/providers are responsible for establishing policies that ensure fair and adequate agreements, subscriptions and supplementary agreements. This also applies to any later changes or amendments to existing agreements. Crucial to these procedures is the identification of the user entering into or changing an agreement, and that the subscriber or person(s) empowered by the subscriber alone may change the contract.
Consumers must be provided with access to information about contractual terms, tariffs etc.
When an agreement has been concluded, a written confirmation should be sent to the subscriber. This should take the form of a letter or other secure communication unless it was distributed to the subscriber on concluding the agreement.
Where telecom equipment and services are sold in public places rather than on fixed business premises, special attention must be paid to the fact that the consumer is not able to scrutinise thoroughly all aspects surrounding to the offer. Contractual terms and conditions must hence be carefully explained.
Commentary:
Central to consumers’ legal position and liability is the agreement and any later changes.
In general, agreements concluded online might give rise to concern. Cases are known to have occurred in which pre-selective agreements were concluded on other people’s behalf, and without their knowledge or consent.
The importance of policies that establish a certain level of security as regards subscriber identification and verification must be stressed. Providers of telecom services should confirm conclusion of agreements via letter or by means of other communication secure enough for this purpose. Email may, depending on the circumstances, be appropriate provided that the provider’s security policy is sufficiently reliable.
For further information, see section 5 of the Executive Order on the Provision of Communications Networks and Services on agreement requirements, sections 11-12 of the Consumer Agreement Act on information duty in relation to agreements concluded in connection with distance selling and chapter 4 on the right to annul an agreement.
5.1. The form of contractual terms
All providers should endeavour to make the agreement and its terms and obligations clear and easy to read.
Obligations and rights set forth in the agreement should not be accorded unilaterally.
Terms and conditions should provide the subscriber with a reasonable level of protection; hence unnecessarily far-reaching or burdensome terms of contract should be avoided.
Essential and/or burdensome terms should be emphasised.
Commentary:
The telecom business works to introduce policies, which make sure that subscribers do not unintentionally retain any pre-selective agreements in connection with termination of agreement, change of address etc. Alternatively it may, as far as subscribers to fixed network connections are concerned, be stated in the agreement that the responsibility for termination of potential pre-selective agreements in connection with change of address etc. lies with the subscriber, as he/ she may not be aware of that.
Essential, special or burdensome contractual terms should appear from the agreement. It is not enough to refer to such terms in a price list. Terms relating to notified changes, and how they are notified, should be stated in the agreement.
DCO practise on conclusion of agreements and distribution of reductions or concessions forbids the trader to make these conditioned on the subscriber’s consent to being contacted later on for marketing purposes. It is a general practise that applies to all businesses. See sections 1 (now sections 1 and 2) and 6a (now section 6) of the Danish Marketing Practises Act, chapter 2 of the Consumer Agreement Act as well as the DCO guideline on section 6a (now section 6) of the Danish Marketing Practises Act.
5.2. Giving notice of changes
All changes of contractual terms, prices etc. that might be considered disadvantageous to the subscriber must be notified. Subscribers must be notified individually, either by letter, or, where agreed, by email, provided that the changes in question appear clearly from the carrier/provider’s website as well.
It is important that any change of contract come to the subscriber’s knowledge. Therefore it lies with the provider to choose a form or procedure which will accommodate this requirement. Notification of changes should appear distinctly from the agreement or, if it has been arranged, from a billing list or the like.
Where part of an arrangement between the subscriber and the carrier/provider, and subject to prior agreement, less significant changes may be published in national papers, or take the form of a written message, forwarded along with the invoice.
Subscribers should always be given at least a fortnight to make use of the possibility to terminate the contract following any changes.
Commentary:
Pursuant to section 7 of Executive Order on the Provision of Communications Networks and Services, carriers must give notice of change of contractual terms and prices that might be considered disadvantageous to the consumer. That way, subscribers are given the possibility to terminate the agreement with effect from the time on which the change enters into force. The change must be notified at least one month in advance. On this occasion, the consumer must also be informed of his/her right to terminate the agreement.
As a basis, no distinction is made between essential and less significant changes. The Executive Order on the Provision of Communications Networks and Services does not provide how to give notice of changes, and the rules do not distinguish between changes notified during or after the subscription has expired.
Prior to giving any notice, carriers should assess whether the notice in question should be delivered publicly or individually.
The notice should be given announced well in advance so as to give dissatisfied subscribers a real opportunity to terminate the agreement.
The consumer must be provided with easy-to-read information about how to block his/her SIM card. That it is possible to block the card should, apart from being explicitly mentioned in the contract, also appear from the provider’s website.
On blocking the SIM card, the provider should inform the subscriber that his/her subscription continues to run unless it is terminated.
Commentary:
It is crucially important that the provider helps the subscriber in cases of theft and loss with quick and easy access to SIM card blocking facilities. Described in the agreement, the information is rarely at hand when needed. In order to facilitate quick and easy information about how to block, the carrier should make it readily available on the website.
Pursuant to section 11(7) of the Danish Act on Payment Instruments, it lies with the carrier to confirm the time of the actual blocking of the SIM card. In order to make sure that the subscriber is aware that his/her contract is not automatically terminated following the carrier’s blocking of the SIM card, the carrier should inform the subscriber that the subscription continues to run.
If a subscriber wishes to change telephone carrier, it should be clearly stated in the agreement whether the responsibility for terminating the existing agreement lies with the new carrier or with the subscriber.
If the responsibility for terminating the agreement lies with the new carrier, then this carrier should, at the earliest possible date after having received the port request, inform the previous carrier about the new situation.
Porting should, irrespective of the subscription form, take place at the earliest possible date without setting aside the term of notice or a potential obligatory subscription period etc. It should become effective no later than 30 days after the previous carrier’s receipt of the port request.
The new carrier, as well as the previous one, should confirm the execution in writing to the subscriber. The previous carrier should furthermore state the time of termination of the existing agreement, whereas the new carrier should state the time of conclusion of the new agreement.
If, due to special circumstances, it is not possible to port the number within the said 30 days, the old carrier must inform the new why it has not been possible so far, and state a new date for the number porting to be put into effect.
Commentary:
When subscribers want to change carrier and make use of the number portability service now available, it is not always certain with whom the responsibility lies for filing the port request, terminating the existing agreement, and state the time of porting. The new carrier is therefore responsible for informing about potential problems arising from a number porting.
The Danish Competition Authority, with the interests it represents, agree that, although no terms of notice nor an obligatory subscription period should be set aside, porting, irrespective of the subscription form and the combination of products and services, should take place at the earliest possible date. It should become effective no later than 30 days after the previous carrier’s receipt of the port request.
The new contract will often confer on the new carrier the responsibility for porting and terminating the existing agreement. The new carrier should thus keep the subscriber informed about the process. Communication between the two carriers on potential delays or other problems is thereafter subject to mutual agreement.
Carriers should aim at making their administrative and technical organisation meet the need for flexibility in connection with intake and outflow of subscribers, i.e. efficient and with the least possible inconvenience for the subscribers. Further, situations where subscribers have running agreements with both carriers in the transition period should be avoided.
Special terms in the agreement that gain significance on porting number to another carrier include: special reductions that can no longer be obtained; increased subscription fees that may be charged on ceasing to use the carrier’s call code; and extra fees may be charged for early termination.
Providers and carriers should hence use statements with caution that convey the impression that subscribers can change telephone carrier free of charge.
Giving notice of termination should be possible in writing as well as verbally.
On receiving a notice of termination, the carrier should as soon as possible hereafter confirm the receipt, either by letter or other secure means of communication, stating the time on which the termination will take effect.
Commentary:
Carriers must not refuse a notice of termination even if delivered in a manner other than stated in the contract.
The telecommunications business works to establish policies to avoid situations in which consumers unintentionally commit themselves to observe pre-selective agreements following termination of agreement, porting and the like. Alternatively it should, as far as stationary telephone subscriptions are concerned, appear from the agreement that the subscriber himself/herself is responsible for terminating any pre-selective agreements in connection with termination of agreement, number porting etc. as the consumer may not be aware of this.
The confirmation should take the form of a letter; yet, communication by email may also meet the demand for security provided that it has been mutually agreed.
To get a mobile telephone unlocked after the termination of a subscription period should not only be as easy as possible for the consumer – but also possible by telephonic request.
Text and graphics should with clarity and precision help the consumer to understand what services the invoice covers, including a specification of period. Entries should be named adequately.
It the invoice, for some reason, does not contain all the services delivered to the subscriber, the carrier must, and in so far that he is informed hereof, let the subscriber know. If remaining charges will be invoiced later, the carrier should state the time for this.
Collection of remaining charges should, as a basis, take place no later than 6 months after the original due date.
Where the subscriber should have realised an error appearing on the invoice, and where the carrier has responded to this error as quickly as possible, collection of remaining charges may take place after 6 months, cf. the general rules of Danish law on limitation.
Failure to meet the payment obligation may result in suspension. This, however, can only take place if the carrier has pursued a fair debt collection procedure as well as informed the subscriber of a potential termination/suspension of the subscription.
Telephone services may be suspended without prior notice in cases of sudden and considerable rise of the use of the telecom service, or if the carrier has reasonable grounds for suspecting that the subscriber will not be able to meet his/her payment obligation at the time stated. In any case, it lies with the carrier to inform the subscriber that unless the debt is settled immediately, access to the telecom services will be suspended.
Where unauthorised use may be involved, the carrier can suspend access to the service(s) immediately. The subscriber must be informed of the action taken immediately hereafter.
Commentary:
Before access to any telecom service is discontinued, at least one letter should be forwarded to the subscriber with details of the carrier’s claims. The carrier should inform the subscriber of the impending discontinuation of access to the services, and the time on which it will take place.
By paying the claims raised against him/her, the subscriber should be able to prevent any services from being suspended. The deadline stated should be reasonable, and the subscriber should, as a minimum, be granted at least a week’s respite. However, where unauthorised use might be involved, access to the service(s) may be suspended immediately. The subscriber must be informed of the action taken immediately hereafter.
See section 11 of the Executive Order on the Provision of Communications Networks and Services and section 19 of the Executive Order on USO Services for more information.
The DCO holds the opinion that post-paid subscriptions are comparable with open credit agreements, as both arrangements are likely to prompt unauthorised use or misuse. Carriers must ensure that subscribers are aware of potential risks relating to misuse and, by providing services that enable the subscriber to keep in check his/her use of the telephone, financial problems caused by overuse might be anticipated and, perhaps, reduced. This is ever so important in cases where the subscriber is a child or a young person.
If the "control of telephone usage" service is one of the preferences opted for it should be available from the time of effectuation of the subscription.
If the "control of telephone usage" service is added to the existing subscription, the carrier should confirm this by letter or by means of other secure communication as well as when it will take effect.
Processing changes to the subscription, i.e. addition/removal of services, including the "control of telephone usage" service and provision of access codes must be safe and prevent unauthorised and unintended changes to the "control of telephone usage" service. Carriers should inform their subscribers about what safety precautions to be observed in relation to safe code keeping and usage.
Carriers must ensure that changes made to "control of telephone usage" service can only take place on stating the access code – regardless of the manner in which the changes are carried out.
Commentary:
Pursuant to section 15(2) of the Executive Order on the Provision of Communications Networks and Services, carriers are obliged to offer the "control of telephone usage" service. Requirements as to its function are laid out in section 20 of the executive order mentioned above.
The "control of telephone usage" service is a useful tool to prevent unauthorised use or misuse – particularly when it comes to mobile telephone subscriptions. However, even if subscribers only to a limited extent make use of this service, measures to improve security should nevertheless be taken to prevent children and young people from evading the control function.
Carriers should therefore make an extra effort to inform about the preventive measures available.
On concluding a post paid subscription, the carrier must ensure that "control of telephone usage service" is available on the subscription form. Likewise, when selling a subscription the carrier must inform of measures available to control usage.
Subscription forms that include details about effectuation of the subscription should clearly state whether the subscriber has opted for the "control of telephone usage" service function. In the event that the "control of telephone usage" service has not been selected, this should also be clearly stated. Information about the service and how to opt in should also be provided.
Selecting the "control of telephone usage" service should not be conditioned on self-activation, i.e. via a call to the carrier.
It should appear from the subscription form whether the maximum limit set up is inclusive of use alone, or if it covers all costs (subscription fee etc.).
Carriers nation-wide endeavour to establish efficient and safe procedures to make it easy to keep use of the mobile telephone under control – also in regard to misuse and unauthorised use.
A telecom company has made it clear that it will not be able to meet the deadline 1 April 2005 with respect to the system requirements necessary to adjust and change the subscription forms and confirmation of order forms to be used by new subscribers to telecom and Internet services. However, it will see to it that the changes are incorporated into its existing procedures as quickly as possible.
Children and young people are susceptible to commercial communication. They are easily manipulated, lack experience and critical sense. Young people and in particular small children cannot or have difficulties seeing through or assessing information. The DCO guideline on children, young people and marketing also applies to marketing of telecom services.
The telecommunications business should therefore be particularly careful when directing marketing at children and young people.
In marketing directed at adults, but where the marketed product is intended for children and young people, or arouses their interest, it should be considered whether the contents of the marketing or the media used should result in special precautions to be taken in relation to children and young people.
On concluding a subscription agreement, the consumer should inform whether the mobile telephone is intended for a minor’s use. If that is the case, the carrier must ensure that adequate information is made available to the purchaser about potential risks arising from children’s use of mobile telephones, and what preventive measures should be taken to reduce these risks.
Information about risks relating to children’s use of mobile telephones should appear from the order of confirmation form, the introduction letter or other information material.
Commentary:
Carriers should pursue a consistent policy in relation to marketing activities aimed at children and young people.
As minors cannot enter into an agreement on their own behalf, many parents choose to enter the agreement for them and hand over the mobile telephone to the child. This arrangement is known to cause problems in cases where billing control arrangements have not been included in the subscription or where the service is put on stand-by without parental knowledge or consent.
Other technical features such as SMS content services, the use of the mobile telephone as a payment instrument etc. may likewise lead to more use, with more money to be paid as the result. Hence the importance of informing parents and other adults who are likely to distribute mobile telephones to minors of the "control of telephone usage" option.
13.1. Enquiry procedures
Carriers and providers should answer queries etc. within a reasonable time.
Written queries, emails etc. should be answered within a fortnight by the carrier/provider. If, for some reason, the query cannot be addressed immediately, the subscriber has the right to know when a response can be expected.
Special or essential agreements entered into verbally concerning the subscriber’s business with the carrier should subsequently be confirmed in writing or via other secure communication.
Commentary:
Essential agreements entered into verbally such as payment arrangements or the like should subsequently be confirmed in writing to the subscriber. In general, this should be done by means of a letter; however, where both parties have consented to using email as their standard means of communication, it is also possible to submit information this way.
13.2. Complaints procedure
On receipt of a complaint, carriers/providers should subsequently, and as soon as possible, confirm this in writing to the subscriber. He/she also has the right to know when a response will be issued.
While investigating the complaint, the carrier/provider must suspend the collection activity. The carrier/provider should not disconnect the subscribed services either.
In cases where contested claims are not manifestly unfounded, the carrier/provider should suspend debt collection procedures.
Commentary:
The guidelines on complaint procedures apply alongside rules laid down in section 11 of executive Order on the Provision of Communications Networks and Services. This is partly due to the fact that the said section only applies to complaints concerning registered use. The DCO holds the opinion that the section should apply to all types of complaints, including complaints concerning contractual arrangements.
13.3. Complaint guidance
When the dispute has been settled, and the decision rendered does not favour the subscriber, the carrier/provider should inform the subscriber about his/her possibility for directing the complaint to a qualified entity, in this case the Telecommunications Complaints Board and/or the Consumer Complaints Board.
Commentary:
The above passage complements section 13 of the Executive Order on the Provision of Communications Networks and Services, which only applies to complaints concerning registered use.
If a consumer, due to repair of faulty equipment, has to go without his or her telecom equipment or telephone for a period of 10 days or more, then the trader should endeavour to provide the consumer with spare equipment free of charge during that period.
Commentary:
As mobile telephones have become a sheer necessity for many people, going without it constitutes a big problem. Spare equipment should hence be available for loan during the repair period. However, this only applies in cases where the equipment is deemed faulty as defined in the Danish Purchasing Act, and only during the period allowed for complaints as stipulated by the law.
The DCO is aware that establishing such an arrangement requires a favourable attitude to co-operation on the part of both carrier/provider and subscriber.
The guideline will take effect on 1 April 2005.
Office of the Danish Consumer Ombudsman, January 2005