PARTICULAR CONDITIONS FOR ROAMING SERVICES
These particular conditions govern the relationship between the Customer and Xfera Móviles, SAU (‘PARLEM’), with CIF A-65851446 and registered at C/ Alaba, 61, 2n, 1a, 08005, Barcelona, regarding mobile electronic communications services contracted by the Customer from PARLEM (‘service’), complying with the EU Regulation on Roaming.
The reading of these particular conditions by the Customer is a requirement that must be met prior to the provision of roaming services, and implies full acceptance and without reservations of all and each of the provisions in these particular conditions, that are published on the web page PARLEM (https://parlem.com/en/roaming-conditions)
These particular conditions are in addition to the general conditions which govern the provision of the services.
1-PROVISION OF ROAMING SERVICES
The provision of roaming services allows the Customer to use contracted mobile electronic communications services when travelling abroad once they have activated the services and provided that these services are available in the country they are visiting.
Excluded from these conditions are international calls and messages (originating in Spain and going to any other country).
2-ACTIVIATION OF ROAMING SERVICES
Activate roaming from the customer area of by calling 2373 (if you are a prepaid customer, roaming will be activated by default).
3-PRICE
The service prices depends on the country you are in:
3.1. Zone 1 or EU: EU and EEA roaming (*)
From 15 June 2017, traffic from zone 1 or EU zone is priced according to the conditions of your national tariff, and will not incur any surcharge for using your mobile in EU or EEA countries (*).
Calls: roaming voice traffic will be billed at the price per minute and call connection as per the tariff that each customer has contracted for national traffic. In the case of a tariff with voice allowance, roaming traffic will be included in the contracted allowance; once this has been used up, the same conditions will be applied as with your national tariff.
Calls received by the Customer are will not be billed and will not be included in the national voice allowance. Likewise, the person calling from Spain to the line with roaming activated will pay the price of a national call in line with the conditions of their tariff.
Messages: messages on a roaming activated line will be billed at the price of the message indicated in the national tariff that each customer has contracted. In the case of a tariff with voice allowance, roaming messages will be included in the contracted allowance; once this has been used up, the same conditions will be applied as with your national tariff. Both SMS and MMS received when abroad will not be billed and will not be included in the contracted SMS allowance.
Data: roaming date traffic will be billed at the price per GB that each customer has contracted for national traffic. In the case of a data allowance tariff, roaming traffic will be included within the contracted allowance. Once the allowance has run out, the same conditions will be applied as for the national data traffic: payment for use at maximum speed, reduction of speed and or use of services that extend the allowance included in the contract.
3.2. All other zones
Calls: roaming voice calls will be billed according to the roaming tariff applicable to the country in question. Both calls made and received by the user will be billed. The person calling from Spain to the line with roaming activated will pay the price of a national call in line with the conditions of their tariff.
Messages: roaming SMS/MMS will be billed according to the roaming tariff applicable to the country in question. Both SMS and MMS received by the Customer when abroad will be free for them.
Data: data traffic will be billed according to the roaming tariff applicable to the country in question. You can find all the roaming tariffs fro PARLEM at https://www.parlem.com/tari- fes-roaming
4-FAIR USAGE POLICY FOR ZONE 1 AND EU ZONE
From 15 June 2017, traffic within Zone 1 and EU Zone is billed according to the national tariff conditions of the Customer using roaming services who lives permanently in Spain, or who has stable links to this country, which implies a frequent and substantial presence, when travelling periodically within the EU. Thus, PARLEM reserves the right to apply the ‘fair usage policy’ set out in the European Regulation on Roaming, if, in line with the control mechanisms based on established objective indicators, inadequate, abusive or fraudulent use is detected of roaming services by the Customer.
The fair usage policy is aimed at avoiding a customer using roaming services in an abusive or anomalous way in Zone 1 or EU zone. This is considered any use that exceeds the levels established in the ‘fair usage policy’:
- Predominant roaming presence and consumption in the EU and EEA by the Customer compared to domestic presence and traffic.
- Prolonged inactivity of SIM cards associated with heavy roaming usage.
- The acquisition and sequential use of multiple SIMs by the same customer while roaming.
- Organised resale of PARLEM SIM cards.
In line with the provisions established in the EU Regulation on Roaming, if inadequate, abusive or fraudulent use is detected, a charge will be applied for roaming traffic to zone 1 or EU zone, or other actions that may be applicable in the event of the occurrence of any of the events described in the following paragraph and by applying control mechanisms based on established objective indicators.
5-APPLICABLE CONTROL MECHANISMS
Proof of residence in Spain:
PARLEM reserves the right to request its roaming customers show evidence of their habitual residence in Spain or other stable links which entail a frequent and substantial presence in the national territory.
Open data packages and prepay tariffs:
PARLEM reserves the right to apply, upon notice, the surcharge that may be indicated (and which may not exceed the wholesale price in force) for roaming data traffic within zone 1 or EU zone that exceeds the volumes of data that can be consumed while roaming, in accordance with the limit established by the European Union Roaming Regulation (EU Implementing Regulation 2016/2286). This limit must correspond to at least twice the volume of data obtained by dividing the price of the contracted tariff (excluding VAT) by the wholesale price — € 3.50 / GB for 2020— of roaming, in accordance with the terms set out in EU Implementing Regulation 2016/2286.
Presence or consumption indicator:
PARLEM will use fair, reasonable and proportionate mechanisms based on objective indicators to determine whether customers’ roaming consumption in the EU and the EEA prevails over national traffic.
These presence and consumption indicators will be analysed cumulatively over 4-month observation periods. In the event that PARLEM detects a prevalent presence and use of one or more of the services (voice, SMS or data) by the customer in zone 1 or EU zone on national traffic, it may notify the Customer that the use of the their roaming service is considered abusive.
By giving this notification, PARLEM will be able to apply the surcharge indicated, from this moment on, if in the next 14 days the Customer’s behaviour continues to indicate a prevalent presence and consumption in zone 1 or EU zone. PARLEM may continue to apply the surcharge indicated to the service for which abusive use has been detected, provided that the Customer’s behaviour indicates a prevalent presence and consumption. For the purpose of applying the aforementioned objective indicators:
- The presence indicator will be counted as days of national presence of a customer for all those days in which the Customer has connected to the national network, as well as those in which the Customer has connected to a network outside the EU or EEA. The days on which the terminal remains switched off are considered days without connection and will not be counted in the aforementioned indicator. The presence of more than 50% of days roaming in the EU and the EEA will be considered a prevalent presence.
- The consumption indicator will be considered prevalent consumption with a consumption of more than 50% of the actual voice, SMS or data traffic carried out by the Customer roaming in the EU and the EEA.
Periods of inactivity:
Long periods of inactivity of a particular SIM card linked to a main, if not exclusive, use of the roaming service, or the sequential activation and use of several, will be considered abusive or abnormal use of roaming services. SIM cards by the same customer when roaming.
Resale of SIM cards:
Without exception, it is forbidden to resell SIM cards to any person not residing in Spain nor with stable links to the country, with the aim of facilitating the use of roaming services offered by PARLEM with the applied national tariff for purposes other than periodic travel. In this case, PARLEM may immediately adopt proportionate measures in order to ensure that all contractual conditions are complied with.
6-CLAIMS REGARDING THE APPLICATION OF THE REASONABLE USE POLICY
Not withstanding other legal actions provided for under the law, claims regarding the operation of the fair usage policy or any other question that may arise regarding the application of this policy can be directed to PARLEM, to Customer Services, as indicated in the general conditions of service, within a month from the time in which the fact or the cause motivating the claim is raised, not withstanding the case wherein the current legislation establishes other provisions for it.
