Lawyer on legalities of 02’s service failure

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A technical problem has over the past 24 hours caused widespread disruption, preventing calls and internet access for many O2 customers.  But what comeback, if any, do O2 customers affected by the disruption have?  Sophia King, a solicitor who specialises in technology and media  at Thomas Eggar LLP, explores the legalities of the issue:

Can you claim money back for 02 Services Failure ?

“Tens of thousands of O2 customers have been affected by the loss of all voice and data services in the last 24 hours and the disruption for many continues.  O2 has confirmed that the issue is with a fault with one of its network systems.  At the moment, it is unclear how many of O2’s 23 million customers have been affected.

“Undoubtedly when such an incident takes place there is a huge impact on the customers.  But do they have any comeback?

“O2 states in its own Pay Monthly Terms & Conditions that “the service [it provides]isn’t fault free”.  Like the majority of contracts O2 has what is known as a “force majeure” clause which states that where things go wrong and those events are outside O2’s reasonable control, O2 will not be liable for any loss suffered.

“So, whilst the disruption will have caused problems for both private and business customers, it is unlikely that anyone will successfully be able to bring a claim against O2.”

Sophia King, Solicitor, Thomas Eggar LLP

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About Author

I love gadgets and technology, so i write about them. +Tomi Adebayo

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