In accordance with the legal provisions, it was approved the Government Emergency Ordinance No. 34 of June 4, 2014 on consumer rights in contracts with professionals and amending and supplementing certain acts, published in the Official Gazette of Romania, Part I, No. 427 of 11 June 2014 with the following changes:
Article 3 of the old regulation, which provided that “Government Emergency Ordinance No. 34 of June 4, 2014 does not apply to contracts for providing of passenger transport services, except art. 8 paragraph (2) and Art. 19 and 22 of the emergency ordinance”, it is amended in the sense that were removed all references to Article 19 which, according to the new provisions will be repealed.
Article 17 paragraph (2) of the Ordinance, according to the new regulations will be amended as follows: “Art. 21 and 22 shall apply to sales contracts and services contracts, and contracts for the supply of water, gas, and electricity, heating or digital content.” In the old regulation the referral is made to Articles 18 and 20, and not 21 and 22.
Article 21 of the Ordinance provides that “If a professional operates a hotline in order to be contacted by telephone on the contract concluded, the consumer is not required to pay, when contacting the professional, more than the basic price” while art. 22 refers to additional payments: “Before a consumer concludes a contract or accepts an offer, the professional requests the consumer’s express consent regarding any additional payment above the price set for main the contractual obligation of the professional. If the professional has not obtained the consumer’s express consent, but has deduced it by using inferred options included automatically which the consumer is required to reject in order to avoid the additional payment, the consumer is entitled to reimbursement of this payment. ”
Article 28 paragraph (2), letter b) shall be amended as follows: “b) The National Authority for Management and Regulation in Communications through authorized representatives, in case of the contraventions provided in par. (5) letter e) – k), m) -u) and w) -y) when they consist in acts aimed at contracts signed by consumers to benefit from access services and access to public electronic communications networks or publicly available electronic communications services . ”