HAKOM: New Rights and Obligations of the Operator are effective as of January 1, 2020.
PRESS RELEASE
The major news refers to the contracting and termination of the contract, determining or defining deadlines for operators to perform some business activities at the request of users, defect, universal services and measurement the Internet speed in mobile networks.
ZAGREB, December 30, 2019 – Referring to the analyses in the process of resolving customer dispute, user complaints and obvious issues noticed on the market , the Croatian Regulatory Authority for Network Industries (HAKOM) brought amendments to the sectoral regulations, clearly defining certain challenges familiar to the users while contracting with the operators, take effect as of January 1. The major news refers to the contracting and termination of the contract, determining or defining deadlines for operators to perform some business activities at the request of users, malfunctions, universal services and measurement of the Internet speed in mobile networks.
Same ways of contracting and termination of the contract - as of January 1, 2020, operators have obliged to terminate the subscription contract in the same way (through the same channels of communication) when concluding the same . In their general terms and conditions, they are obliged to specify in detail the ways in which users can request the termination of a subscription contract, including the possibility of termination electronically and by telephone, and indicate whether the termination requires certain documentation, that is, information for user identification and what documentation and data works.
No termination fee for early termination contract - if the user enters into a contract at the business premises, and according to the signed documentation he is obliged to study the general terms of business or other constituent parts of the contract such as the entire price list additionally, e.g. by downloading online, then the contract can be terminated without payment of termination fees implying that within the next three business days, he clearly states that he does not agree to the terms and that he withdraws from the contract. If the device is also provided, it must be returned in original packaging. The conclusion of the contract outside the premises or by means of remote communication is subject to the old rules prescribed by the Consumer Protection Act, which allows such termination within 14 days from the conclusion of the contract.
Operator's Obligations - The term for terminating the contract when the user no longer wants to use the fixed line service is reduced from 12 to a maximum of 5 business days. The deadline for termination of mobile service remains one business day. The deadline for changing fixed line operators has been reduced from 45 to a maximum of 30 days. The transfer of the contract from one person to another must be done within a maximum of three working days. Temporary shutdown of services must be performed within a maximum of five business days if the user did not request a later date of temporary shutdown by himself.
Information about the terms of early termination of the contract - The operator is obliged at all times, without delay, within two working days and in the requested form at the latest, to inform the user about the amount of the debt in case of early termination of the contract and the method of payment so that the end user receives information about discounts on products and services, as well as monthly fees for the remainder of the mandatory term of the subscription contract. The end-user request may be made verbally, in writing or electronically, whereby information on the amount owed must include the date of calculation and the date of commencement and end of the contractual obligation.
Defects - the rights of users are changing regarding the defects and inability to provide the service. So far, the operator has been obliged to remove the defect in the equipment assigned to the user within 5 days, and since January 1, he is obliged to remove all other defects within the scope of his responsibility within a maximum of 15 days from the date of reporting the defect. Otherwise, after the expiry of 15 days, the user has the right to terminate the subscription contract or the right to compensation in the amount of HRK 240 after each subsequent day of delay, if the failure was not caused by force majeure or fault of the user. After the defect is reported, the operator is obliged at all times to enable the user to monitor the status of the defect reporting by telephone and / or electronic media.
Universal Service - The New Year brings an increase in Internet access speeds within universal service provision from at least 1 Mbit / s to at least 4 Mbit / s for all users, at their request who have contracted internet access through a universal service tariff or will only contract it. A special retail packet of data rates of at least 4 Mbit / s download and 512 kbit / s upload will be available to all users who do not have the technical ability to use the standard packages offered on the market from January 1, 2020. Socially endangered group of end users, except for the minimum available speed uploads of 4Mbit / s (MAXnet mini package) will be entitled to a 50% discount and a 50% discount on unlimited traffic.
Measuring Internet Speed and Quality of Service - Measuring the speed and quality of mobile networks with HAKOMetar Plus does not enter into a contracted data rate for the first 10 measurements of the month (users will need to download a new version of the application, which will be available for downloading via the Apple App Store or Google Play Store in January 2020). By the end of 2019, any measurement of the speed and quality of mobile networks caused the consumption of mobile data from the contracted tariff package of users. As of January 1, by amending the Ordinance operators will consider the first 10 measurements of this app in a month as free traffic that will not "consume" tariff data unlike other similar applications like Speedtest. The application measures upload, download and ping speeds of a mobile network or WIFI signal like other tools as well as many other network parameters. The peculiarity of this application is that all measurements are also displayed on the map, thus making a public view of the quality of coverage of each operator based on user measurements. A public view of the measurements and statistics can be found at the link, and the app is free of charge and available for iOS and Android devices.
# # #
For additional information please contact:
Croatian Regulatory Authority for Network Industries (HAKOM)
Roberta Frangeša Mihanovića 9
10110 Zagreb, Croatia
Tel. + 385 (0) 1 700 70 07
Fax + 385 (0)1 700 70 70
Media inquiries can be submitted online using HAKOM’s official website: https://www.hakom.hr/
Registration required.
The major news refers to the contracting and termination of the contract, determining or defining deadlines for operators to perform some business activities at the request of users, defect, universal services and measurement the Internet speed in mobile networks.
ZAGREB, December 30, 2019 – Referring to the analyses in the process of resolving customer dispute, user complaints and obvious issues noticed on the market , the Croatian Regulatory Authority for Network Industries (HAKOM) brought amendments to the sectoral regulations, clearly defining certain challenges familiar to the users while contracting with the operators, take effect as of January 1. The major news refers to the contracting and termination of the contract, determining or defining deadlines for operators to perform some business activities at the request of users, malfunctions, universal services and measurement of the Internet speed in mobile networks.
Same ways of contracting and termination of the contract - as of January 1, 2020, operators have obliged to terminate the subscription contract in the same way (through the same channels of communication) when concluding the same . In their general terms and conditions, they are obliged to specify in detail the ways in which users can request the termination of a subscription contract, including the possibility of termination electronically and by telephone, and indicate whether the termination requires certain documentation, that is, information for user identification and what documentation and data works.
No termination fee for early termination contract - if the user enters into a contract at the business premises, and according to the signed documentation he is obliged to study the general terms of business or other constituent parts of the contract such as the entire price list additionally, e.g. by downloading online, then the contract can be terminated without payment of termination fees implying that within the next three business days, he clearly states that he does not agree to the terms and that he withdraws from the contract. If the device is also provided, it must be returned in original packaging. The conclusion of the contract outside the premises or by means of remote communication is subject to the old rules prescribed by the Consumer Protection Act, which allows such termination within 14 days from the conclusion of the contract.
Operator's Obligations - The term for terminating the contract when the user no longer wants to use the fixed line service is reduced from 12 to a maximum of 5 business days. The deadline for termination of mobile service remains one business day. The deadline for changing fixed line operators has been reduced from 45 to a maximum of 30 days. The transfer of the contract from one person to another must be done within a maximum of three working days. Temporary shutdown of services must be performed within a maximum of five business days if the user did not request a later date of temporary shutdown by himself.
Information about the terms of early termination of the contract - The operator is obliged at all times, without delay, within two working days and in the requested form at the latest, to inform the user about the amount of the debt in case of early termination of the contract and the method of payment so that the end user receives information about discounts on products and services, as well as monthly fees for the remainder of the mandatory term of the subscription contract. The end-user request may be made verbally, in writing or electronically, whereby information on the amount owed must include the date of calculation and the date of commencement and end of the contractual obligation.
Defects - the rights of users are changing regarding the defects and inability to provide the service. So far, the operator has been obliged to remove the defect in the equipment assigned to the user within 5 days, and since January 1, he is obliged to remove all other defects within the scope of his responsibility within a maximum of 15 days from the date of reporting the defect. Otherwise, after the expiry of 15 days, the user has the right to terminate the subscription contract or the right to compensation in the amount of HRK 240 after each subsequent day of delay, if the failure was not caused by force majeure or fault of the user. After the defect is reported, the operator is obliged at all times to enable the user to monitor the status of the defect reporting by telephone and / or electronic media.
Universal Service - The New Year brings an increase in Internet access speeds within universal service provision from at least 1 Mbit / s to at least 4 Mbit / s for all users, at their request who have contracted internet access through a universal service tariff or will only contract it. A special retail packet of data rates of at least 4 Mbit / s download and 512 kbit / s upload will be available to all users who do not have the technical ability to use the standard packages offered on the market from January 1, 2020. Socially endangered group of end users, except for the minimum available speed uploads of 4Mbit / s (MAXnet mini package) will be entitled to a 50% discount and a 50% discount on unlimited traffic.
Measuring Internet Speed and Quality of Service - Measuring the speed and quality of mobile networks with HAKOMetar Plus does not enter into a contracted data rate for the first 10 measurements of the month (users will need to download a new version of the application, which will be available for downloading via the Apple App Store or Google Play Store in January 2020). By the end of 2019, any measurement of the speed and quality of mobile networks caused the consumption of mobile data from the contracted tariff package of users. As of January 1, by amending the Ordinance operators will consider the first 10 measurements of this app in a month as free traffic that will not "consume" tariff data unlike other similar applications like Speedtest. The application measures upload, download and ping speeds of a mobile network or WIFI signal like other tools as well as many other network parameters. The peculiarity of this application is that all measurements are also displayed on the map, thus making a public view of the quality of coverage of each operator based on user measurements. A public view of the measurements and statistics can be found at the link, and the app is free of charge and available for iOS and Android devices.
# # #
For additional information please contact:
Croatian Regulatory Authority for Network Industries (HAKOM)
Roberta Frangeša Mihanovića 9
10110 Zagreb, Croatia
Tel. + 385 (0) 1 700 70 07
Fax + 385 (0)1 700 70 70
Media inquiries can be submitted online using HAKOM’s official website: https://www.hakom.hr/
Registration required.
ABOUT HAKOM: HAKOM (www.hakom.hr) - Croatian Regulatory Authority for Network Industries – ensures preconditions for a fair market competition, stable growth and environment for innovations in the electronic communications and postal services market. HAKOM protects users’ interests and the possibility of choice among various communications and postal services at affordable prices, defines sustainable competitive conditions for operators and service providers under fair conditions for return on investment, and provides support to economic growth, public services and the quality of life in the Republic of Croatia by using modern technologies. HAKOM’ strategic goals are: to promote regulation of the electronic communications and postal services market, to support growth of investments and innovations in the electronic communications and postal services market, to provide efficient use of limited resources, to accelerate the growth of broadband products and services, to provide affordable offers of communications and postal services, to provide protection and informing of users, to build an efficient and comprehensive information system, to define and implement efficient processes, and to acquire multi-disciplinary
For additional information please contact:
Croatian Regulatory Authority for Network Industries (HAKOM)
- Roberta Frangeša-Mihanovića 9 Street
- 10110 Zagreb, Croatia
- Tel. + 385 (0) 1 700 70 07
- Fax + 385 (0)1 700 70 70
Media inquiries can be submitted online using HAKOM’s official website: www.hakom.hr
About Hakom
HAKOM - Croatian Regulatory Authority for Network Industries – ensures preconditions for a fair market competition, stable growth and environment for innovations in the electronic communications and postal services market. HAKOM protects users’ interests and the possibility of choice among various communications and postal services at affordable prices, defines sustainable competitive conditions for operators and service providers under fair conditions for return on investment, and provides support to economic growth, public services and the quality of life in the Republic of Croatia by using modern technologies. HAKOM’ strategic goals are: to promote regulation of the electronic communications and postal services market, to support growth of investments and innovations in the electronic communications and postal services market, to provide efficient use of limited resources, to accelerate the growth of broadband products and services, to provide affordable offers of communications and postal services, to provide protection and informing of users, to build an efficient and comprehensive information system, to define and implement efficient processes, and to acquire multi-disciplinary expertise in market regulation.