Article 29 Express consent for charges imposed under a contract for an ICSS
This article applies to a contract under which a merchant provides, or agrees to provide, an ICSS to a consumer and the consumer pays, or agrees to pay, the charge to be imposed for the provision of that service.
The merchant must give to the consumer by way of an automated message the information mentioned in paragraph (3) in a clear and comprehensible manner.
The information is—
the information specified in sub-paragraphs (f), (g) and (j) of paragraph 2 of Schedule 3,
the telephone number of the person or service to whom the consumer wishes to be connected through the use of the ICSS,
an explanation of the fact that, if the consumer still wishes to be connected, the charge for the continued use of the ICSS would be more expensive than the cost (if any) of the consumer speaking to the person directly or accessing that person’s service directly, and
an explanation of the maximum charge for the provision of the ICSS that may be imposed in accordance with article 50, together with an explanation of what will happen to the use of the ICSS once the maximum charge has been reached.
That information must be given without undue delay after—
a connection for the electronic communication has been established between the merchant and the consumer, and
the consumer has informed the merchant of the person or service to whom the consumer wishes to be connected through the use of the ICSS.
After giving the information mentioned in paragraph (3), the merchant must not impose any charge for the continued use of the ICSS, unless the merchant obtains the consumer’s express consent by ensuring that the consumer explicitly acknowledges that the continued use, including the connection to the person or service in question, entails an obligation to pay the charge in question.
The consumer’s express consent is deemed to have been given when the consumer activates a button or a similar function for indicating consent during the electronic communication with the merchant in response to the automated message containing the information mentioned in paragraph (3).