$50 Xtra refunds?
May 30th, 2006 at 8:13 pm by David FarrarBruce Simpson suggests that Telecom are obliged to refund $50, not $3.25 for their recent Xtra outage. He quotes from their standard terms and conditions:
“If you are still without a Telecom service because of a fault in any of these things more than 24 hours after you tell us about the fault, or if we miss an arranged visit, call us on 120. You can choose either a credit to your Telecom account of one month’s worth of your Telecom residential line rental or $50 worth of PhoneCards”
Does Xtra count as a Telecom service?
May 30th, 2006 at 10:12 pm
Xtra counts as an Internet-grade, best-effort service which in that parlance means no guarantees at all. How Telecom got away with that… well, I don’t know.
If there will be any refunds or credits, my suggestion is that those of you who don’t need it send it to those who do:
Donate credits to Indonesia
Vote:May 30th, 2006 at 10:44 pm
Ha! A $50 refund would go a long way. I don’t think we’ll see it though.
Vote:May 30th, 2006 at 11:37 pm
I work at a cybercafe, I remember those two nights.
We had to turn a couple of dozen away. We couldnt charge them since they were all trying to get on Hotmail and all.
Wouldnt have been so bad if it was during the morning over lunch but dinner time is a our peak time.
Although I did meat a deaf guy and his deaf mates. We did spend a good half hour talking to each other on notepad about stuff.
Vote:May 30th, 2006 at 11:57 pm
Xtra does not count as a Telecom service.
Xtra has its own customer terms over here. The terms you referred to apply to Telecom phone lines, phone rentals and such like, not broadband connections.
Clause 8 of the Xtra terms state as follows” To the extent you incur actual and reasonable out-of-pocket expenses (of a nature not expressly excluded in the above provisions) as a direct result of us failing to meet our obligations to you, we will refund those expenses to you up to a limit of at last the “amount equal to our average monthly charge for the affected Service or for the separately identifiable component of a Service (if only a component rather than the whole Service is affected) over the previous six month period from the date on which our failure first occurred”
So, what does that mean – $3.50?
Vote:May 31st, 2006 at 7:32 am
I have a question…
Why is it that people are grumpy about only getting credited for the period they were out for and not the whole month?
i seem to recall sky did the same thing not three weeks ago and no one thought twice about it
Vote:May 31st, 2006 at 9:22 am
I’m not going to pretend I’m certain how this will play out, however, as the post DPF links to points out:
“Well if you check out the “Xtra Broadband Terms” you’ll see that it says “Xtra JetStream is also subject to Telecom Standard Terms” and, wouldn’t you know it, those “Standard Terms actually include the “Residential Terms and Conditions” originally quoted above.”
You’ll note the use of the words “subject to” – this would usually indicate that the terms override provision to the contrary.
I also note that dave has referred us to cl 8 of the Xtra terms:
“an amount equal to our average monthly charge for the affected Service or for the separately identifiable component of a Service (if only a component rather than the whole Service is affected) over the previous six month period from the date on which our failure first occurred”
The affected service is Xtra broadband. The average monthly charge over the last six months is (for my flat anyway) $59.95 (maybe higher? when did the price drop?). If I can prove actual and reasonable loss, then telecom are promising to pay me this amount. Of course, for most people the actual and reasonable loss will be difficult to prove (i.e. it didn’t cost them any money – the only loss being paying $3.50 for a service and not getting it).
Anyone who can show that as an internet cafe owner they lost customers, or as a traveller they had to book a flight in person, paying the additional charges for so doing, should find it a little easier.
Vote:June 12th, 2007 at 12:26 pm
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Vote:June 12th, 2007 at 12:27 pm
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