After the failure resolution giant that affected Orange customers between Friday afternoon and Saturday morning, time for reflection to the operator about possible compensation. This ensures floor on the subject but is currently silent on the mode of application.
Several options available to them: provide free day passes for guests, give credit to prepaid customers, provide airtime or SMS in addition, offer options normally pay, discount vouchers or points to change the mobile …
Compensation to Bouygues Telecom in 2004
Eight years ago, Bouygues Telecom has suffered a similar failure in several hours on its network. The operator had chosen to offer all-day communications and SMS packages to its customers and companies, more than 4.5 million people at the time (see news). The 2.5 million prepaid customers and "rechargeable mini account" had been offered a credit of EUR 5. The deadline for the validity of prepaid cards has also been extended to 48 hours.
If Orange were to choose this type of goodwill gesture, the consequences would be severe. The operator, which launched in May 2011 a policy of reducing costs by 2.5 billion euros by 2015, totaling over 26 million clients, approximately 18 million subscribers package. In 2011, they spent an average of 515 Euros (this figure has declined since the arrival of Free early 2012), or 1 fast cash advance loan.4 euro for a day pass. Compensation on the same basis as Bouygues in 2004 would amount to an act of 26 million euros for the packages, and 38 million for prepaid. Nearly 65 million euros in total.
What compensation for MVNOs?
But national failure is not limited to the 26 million Orange customers. Subscribers of its MVNO partners (Virgin Mobile, NRJ Mobile, Carrefour Mobile, etc..) And Free Mobile customers were also affected. For them, the compensation will not be automatic, indicates an operator. She will report to the policy of each company. At UFC-Que Choisir, explains that operators are bound by an obligation of result, and that a failure should result in compensation. The UFC-Que Choisir has formally Free Mobile in March, on the subject.
Orange is in any case protected an appeal of its business customers who might argue that the failure had direct negative consequences on their activity. The company "can not in any circumstances be obliged to compensate for possible damages suffered by the subscriber in connection with the use of the service. Be construed as including any indirect operating losses and commercial losses, "it said in the subscription contract from Orange. At least to prove that the damage resulted solely and directly from the failure. In this case, appeals are possible, but judicial proceedings can be lengthy.