2. A subscriber shall not be entitled to compensation if the total time of interruptions is shorter
than 36 hours in the settlement period.
3. Regardless of compensation, a subscriber shall be entitled to a return of 1/30 of a monthly
rental fee for each day during which the periodically payable telephone service has been
unavailable for more than 12 hours.
4. Where a designated undertaking fails by its own fault to keep:
1) the time limit for the conclusion of an agreement referred to in Article 87, or
2) the start-up date for the provision of services as specified in an agreement for the
provision of universal service or the service referred to in Article 81 (5)
– for each day beyond the specified time, an end user shall be entitled to receive from
a designated undertaking the compensation of 1/30 of a monthly rental fee charged by this
undertaking for the provision of periodically payable universal service or the service referred
to in Article 81 (5), as specified in an agreement.
Article 106. 1. A provider of publicly available telecommunications services shall consider
complaints about the telecommunications service.
2. Where a complaint about a telecommunications service is not considered within 30 days of
the day of its filing, it is considered that it has been taken account of. A complaint shall be
considered if prior to the time limit the provider of publicly available telecommunications
services sends a reply that a complaint has been taken account of or has not been taken
account of.
3. Where a complaint about a telecommunications service has been taken account of, the
charge referred to in Article 80 (2) shall be subject to return.
4. The Minister competent for digitalization shall specify, by means of an ordinance, the
complaint procedure as well as the conditions which should be met by a complaint about the
telecommunications service concerning:
1) failure to keep the time limit for the conclusion of an agreement for the provision of
universal service or the service referred to in Article 81 (5) by a designated undertaking by its
own fault,
2) failure to keep the start-up date for the provision of the service as specified in an
agreement for the provision of telecommunications services, by a service provider by its own
fault,
3) non-performance or inadequate performance of the telecommunications service,
4) inadequate calculation of dues resulting from the provision of the telecommunications
service
– having regard to the necessary protection of an end user’s interest.
Article 107. 1. An end user shall have the right to vindicate, through judicial proceedings or
proceedings referred to in Articles 109 and 110, any claims defined in the Act, having
exhausted the complaint procedure.
2. The complaint procedure, in the event referred to in paragraph 1, shall be deemed to have
been exhausted if a complaint has not been considered or the provider of publicly available
telecommunications services fails to pay the vindicated claim within 30 days of the day the
complaint about a telecommunications service is taken account of.
Article 108. 1. The claims vindicated under Article 105 shall be subject to limitation after
a period of 12 months from the end of the settlement period during which the
telecommunications service was unavailable, or from the day when a service was
inadequately performed or should have been performed.