How help.orf reported corresponded to the announcement of the new mobilkom austria Conditions on the online invoice does not comply, according to Telecommunications Act (TKG). Thus, the terms of changes were online only "hidden" under the link "A1-Insight 'website, which help.orft opinion from the law (TKG) is not sufficient. The Broadcasting and Telecommunications Regulatory Authority (RTR ) shared this view and initiated a surveillance procedure.
In § 25 Telecommunications Act states that the customers are the changes in an appropriate form, eg by printings on a periodical Account. This example shows, says Gregor Goldbacher by RTR that the announcement of the changes for the customer must be clearly visible or discoverable. A link to the Terms of changes to still totally inaccurate description "A1-Insight" mobilkom austria had complied with this requirement adequately.
mobilkom austria, the course looks very different. It argues that users would know the online account, what lies behind the link "A1-Insight", namely the current account side dish. help.orf and the RTR but see the information requirements for notification of changes to terms of not doing enough and a surveillance procedure was initiated. The consequences could be severe for the mobilkom, for all customers who receive the online bill would, therefore retrospective effect, the old terms be granted.
-outside of the official message-
New, deteriorating terms of the customer is not to be lawfully known by the mobile operators, unfortunately in fashion and also market leader mobilkom austria are no exception dar. Although RTR finally reacted, it does Unfortunately it does not in itself, but to media pressure. In the past this was often the case when it comes to violations of Neztbetreiber against the TGK. Thus, terms of changes that were obviously against the law, only by institutions such as the VKI complained and then annulled by the court. So far, however, it should really be, because changes to the terms and conditions must RTR by operators at least two months before entry into force will be announced and approved. If one bears in mind so that all terms of this unlawful changes were first approved by the RTR, it can rightly be questioned whether the RTR is even aware of their function. This unfortunately does not seem to be the case, what (was here on the blog, I reported several times over) the example of the AGB-T-Mobil/tele.ring change is clear.
Whoever by the injustices of the mobile operators concerned, is to be advised not only to rely on the RTR, but also public institutions such as the VKI and AK or turn themselves well to turn to the media.
Links:
- A1
- article help.orf
- RTR
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