Providers of online intermediation services shall provide for an internal system for handling the complaints of business users. That internal complaint-handling system shall be easily accessible and free of charge for business users and shall ensure handling within a reasonable time frame. It shall be based on the principles of transparency and equal treatment applied to equivalent situations, and treating complaints in a manner which is proportionate to their importance and complexity. It shall allow business users to lodge complaints directly with the provider concerned regarding any of the following issues:
alleged non-compliance by that provider with any obligations laid down in this Regulation which affects the business user lodging the complaint (‘the complainant’);
technological issues which relate directly to the provision of online intermediation services, and which affect the complainant;
measures taken by, or behaviour of, that provider which relate directly to the provision of the online intermediation services, and which affect the complainant.
As part of their internal complaint-handling system, providers of online intermediation services shall:
duly consider complaints lodged and the follow-up which they may need to give to the complaint in order to adequately address the issue raised;
process complaints swiftly and effectively, taking into account the importance and complexity of the issue raised;
communicate to the complainant the outcome of the internal complaint-handling process, in an individualised manner and drafted in plain and intelligible language.
Providers of online intermediation services shall provide in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint-handling system.
Providers of online intermediation services shall establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system. They shall verify the information at least annually and where significant changes are needed, they shall update that information. That information shall include the total number of complaints lodged, the main types of complaints, the average time period needed to process the complaints and aggregated information regarding the outcome of the complaints.
The provisions of this Article shall not apply to providers of online intermediation services that are small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
