Fastweb customers will only be able to initiate the procedure after submitting a complaint, which has not been answered within the 45-day deadline set by the Service Charter, by submitting the request for conciliation at one of the Consumer Associations branches that have adhered to the Unitary Conciliation Protocol.

The Conciliation procedure is activated when the conciliator of the Association enters the request in the dedicated portal, indicating the data and the reason for the dispute; the individual questions will be evaluated, case by case, by a Joint Conciliation Commission, composed of a Fastweb Conciliator and a conciliator of the chosen Association. The procedure will be concluded with a conciliation report within a maximum of 90 days from the application submission.

Holders of a PosteMobile SIM card and those who have subscribed to the “PosteMobile Casa” subscription offer, who have already filed a complaint in the envisaged modalities, for which a satisfactory response has not been given within the deadline or to which no response has been provided, will be able to access the conciliation procedure; they should not have appealed to the judiciary or any other body of justice for the solution of the aforementioned dispute, and they should have not already made a previous attempt at conciliation for the same object before one of the other bodies required by law.

The conciliation request relating to the SMCE can be presented by the holder of the PosteMobile SIM and must relate to operations or services put in place as of March 1, 2010; the request for conciliation relating to the SFCE can be presented by the holder of the subscription to the “PosteMobile Casa” service.

The scope of application of this conciliation procedure refers exclusively to problems relating to Traditional Mobile Electronic Communication Services (SMCE) and Traditional Fixed Electronic Communication Services (SFCE), where the same have not been resolved or have been resolved in an unsatisfactory way for the Customer following a complaint, as listed below:

1. Inefficiencies in Activation;
2. Service malfunctions;
3. Sim top-ups;
4. Credits/debits, including on invoice;
5. Post-sales activities (e.g. Suspensions, Reactivations, Replacements, Deactivations).

How to submit the conciliation request

The Customer can download the application form and, after having duly completed and signed it, submit it in the following alternative ways:

 – sending a registered mail with acknowledgment of receipt addressed to: SEGRETERIA TECNICA di Conciliazione – PostePay – servizi PosteMobile presso Poste Italiane S.p.A. – Corporate Affairs – Relazioni Istituzionali – Rapporti con le Associazioni dei Consumatori – Viale Europa 175 00144 Roma;

– fax transmission to the number 06 59582772; – transmission by e-mail to the following e-mail address consumerismo@posteitaliane.it through ADOC, using one of the described methods.

The application cannot be submitted if more than 12 months have passed since the complaint was submitted. In addition, the application must have in the “Re” line the same issue set out in the complaint.

The Customer has the right to abandon the procedure at any time and to use other out-of-court dispute resolution mechanisms and/or the ordinary judicial system. In this case, the Customer undertakes to notify the COMMISSION of his renunciation to the application in advance.

Conciliation only occurs when the company’s handling of the complaint is insufficient to satisfy the consumer.

For a consumer to access the joint conciliation procedure, all the following conditions must therefore be met:

– that the dispute concerns the consumer customer

– that the dispute arose in the context of contractual relationships for the supply of electronic communication services provided by Vodafone Italia SpA with the TeleTu brand

– that the consumer has already submitted a written complaint to the Customer Service (P.O. Box 1022 – 88046 San Pietro Lametino – C.Z. or by fax 800991026) which had an unsatisfactory outcome.

– that the complaint has not been answered within 45 calendar days of receipt of the complaint by TeleTu.

The consumer can access conciliation by making a request to Adoc.

How long does the procedure take?

The procedure has a duration of 30 working days starting from the date of the request submission to TeleTu, except for the possibility of a postponement for a maximum of further 30 days in cases of particular technical complexity.

The conciliator of TeleTu and the conciliator of Adoc will have to find a hypothesis of shared resolution to be proposed to the consumer, who will have 10 days to accept or reject the proposal.

Who can initiate a Joint Conciliation?

The Protocol and the Conciliation Regulations provide that consumers, as defined by the Consumer Code, and small businesses that have characteristics of family or artisanal businesses and are subscribers of a maximum number of 5 mobile voice lines, 2 fixed voice lines, a fixed data line (Adsl/Fiber) and with the exception of typical corporate services such as company switchboards, can access the joint conciliation.

Conciliation can only be proposed after a written complaint has been submitted for the same dispute.

Conciliation cannot be accepted if submitted 12 months after the complaint is sent, if the complaint is still being processed or if there is no minimum data to identify the user who is the subject of the dispute.

If you have not yet filed a complaint, you can also submit it online. Here you can find all the information.

What rights does the consumer have?

The consumer has the right to abandon the procedure at any time and for any reason. The consumer can accept or reject the resolution proposal that is submitted to him. The procedure is free for the consumer.

The protocol and the regulations provide that the procedure must be completed within 90 days; the Commission may decide to extend this deadline for a further 90 days in the event of particularly complex disputes. The average resolution times are approximately 50 days.

Based on the Single Protocol and Conciliation Regulation signed between the consumer associations and Wind Tre, it is possible for the Consumers Association to submit a conciliation request on behalf of the Customer.

For which cases can you access conciliation?

The cases in which conciliation can be accessed:

1. data service activation delay;
2. voice services activation delay;
3. delay in deactivating data services;
4. delay in the deactivation of telephone services;
5. disclaimer of data services;
6. disavowal of telephone services;
7. technical issues;
8. traffic dispute;
9. invoicing;
10. incorrect information;
11. missing/incorrect inclusion in the list;
12. administrative issues;
13. problems with MNP (Mobile Number Portability);
14. lack of indemnity.

How can you activate a conciliation procedure?

Access to the Joint Negotiation procedure is subject to the prior presentation of a written complaint to Wind Tre and cannot be proposed if more than 12 months have passed since the presentation of the same.

The methods for presenting the complaint are:

1. a) Customers with a contract with the “3” brand

• by registered mail with return receipt to P.O. Box 133, 00173 Rome Cinecittà;
• by fax (toll-free number 800 179600)

• customer area 133 or 139 of the site www.tre.it or via the App 3

1. b) Customers with a contract with the “Wind” or “Infostrada” brand

• by registered mail with return receipt to Wind Tre SpA P.O. Box 14155 – Milan Post Office 65 – 20152 MILAN

• by PEC sent to the address windtelecomunicazionispa@mailcert.it

After 45 days without the complaint having been acknowledged, and/or in the event of a negative or unsatisfactory response, the consumer can submit a Conciliation request and start the Conciliation procedure.

Duration and costs of a conciliation procedure

The procedure is concluded within 90 days with a conciliation report; during this period, the possibility of implementing precautionary actions against the Customer (for example, the suspension of the service and credit recovery) is suspended for Wind Tre.

We also remind you that this procedure is valid as a mandatory attempt at conciliation provided for by current regulations (which means that, in the telecommunications field, you cannot sue a company before having attempted conciliation) and does not prevent the possibility of resorting to a judge to assert your right if you decide not to accept it.