Consumer protection
Article 3
1. When a provider of intra-EU communications applies a fair use policy, it shall include in the contracts with consumers drawn pursuant to Article 102 of Directive (EU) 2018/1972, the terms and conditions associated with that policy and in particular, the surcharges per intra-EU call and SMS that may apply to the consumption of intra-EU communications exceeding the typical usage. In addition, when a consumer has used 80 % of a typical usage limit, the provider shall immediately alert the consumer of the risk of triggering surcharges and of the surcharges applicable. 2. Consumers shall have the right to appeal the decisions taken by the provider of intra-EU communications, including through conciliation and competent out-of-court dispute resolution bodies as referred to in Article 25 of Directive (EU) 2018/1972.