Back-
Ombudsman Prof. Diana Kovatcheva
Ombudsman Diana Kovacheva sent a letter to the Minister of Economy and Industry Bogdan Bogdanov whereby she insisted that the interests of mobile service consumers be protected in a new indexation and price increase, this time for 2024.
Prof. Kovacheva pointed out the need for an objective analysis of unfair business practices and sale methods, unequal terms and conditions of contracts and the explanation of the reasons why mobile operators this year again would take advantage of the opportunity to increase their prices by their indexation.
The reason for the Ombudsman’s recommendation is the intention of Vivacom Bulgaria EAD for a next year in a row to have an indexation of the services tariffs, with an increase of 4.3%, which is equal to the 2023 inflation index as announced by the National Statistical Institute (NSI).
“As you may know, this problem was brought to the attention of the institutions last year and then I expressed a firm opinion against the indexation of the prices of mobile services to adjust to inflation. I put forward specific arguments which now I have to bring to your attention again, as I think they are well-founded but ignored due to economic interests, to the detriment of the Bulgarian citizens,” the Ombudsman wrote.
Prof. Diana Kovacheva insisted that as per Article 3 (2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, that reads:
”A term shall always be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term, particularly in the context of a pre-formulated standard contract…”
She pointed to the fact that it is common knowledge that the customers of mobile service operators cannot influence the substance of the contracts with the mobile service operators and often they even encounter obstacles to read the text of the contracts before signing them.
This is so as the term of indexation in the contract does not require the customer’s explicit consent unlike terms such as “the contract’s entry into effect”, “consent given for the processing of personal data” about which it may be inferred that the customer has had the opportunity to negotiate.
To read the full article, please click here.
Source: Ombudsman of the Republic of Bulgaria
