Competition Committee urges Ucell to revise terms protecting consumer rights

The directive followed a complaint submitted by a citizen, V.K., who pointed out that the terms of Ucell’s public offer for prepaid services contained clauses that restricted consumers’ rights to claim compensation for moral harm.

According to the Committee’s findings, the current version of the offer agreement only holds the operator accountable for direct damages and makes no mention of liability for moral harm or lost profits.

However, under the Law on Telecommunications, service providers are obligated to compensate for losses caused by improper performance of service agreements or for failure to provide services, including poor-quality service. The law also grants consumers the right to claim compensation for moral damages.

Furthermore, the Law on Consumer Protection stipulates that compensation for moral damages must be provided regardless of any compensation for property damage or financial loss. It also states that agreements that limit consumer rights are deemed invalid.

On this basis, the Committee issued a formal instruction to Coscom, the operator of the Ucell brand, requiring the revision of its public offer. Amendments were subsequently made to the document, now covering liability for both material and moral damages.