«This item concerns compensation or refund due to the subscriber in case of non-compliance with the offered minimum levels of quality, including those which are set out in the contract, or established by law or regulation.»
PT refers that it is not able to ensure minimum levels of quality of service for all situations, and thus the company cannot accept to communicate, beforehand, the compensation due for non-compliance, for which the electronic communications company may not be responsible.
ANACOM's position
This requirement is already covered by the current wording of this determination.
Furthermore, point b) of paragraph 1 of article 48 of ECL (in conformity with point f) of article 20 of Directive 2002/22/EC, as amended by Directive 2009/136/EC) lays down that this type of information must be made available in contracts and it is fully justified that it should also be disclosed in a pre-contract stage, as results from point f) of paragraph 2 of article 47 of ECL, that determines the publication and disclosure of information on standard contract conditions with the purpose of ensuring an appropriate information of future users/subscribers on conditions of access to and use of the service.
The framework given to this requirement confirms the relevance and importance of this information, and as such the wording of point d) of section B is justified.
