Consumer Protection Act, 2008 (Act No. 68 of 2008)
Chapter 2 : Fundamental Consumer Rights
Part I : Supplier’s accountability to consumers
64. Prepaid services and access to service facilities
|1)||If, in terms of any agreement, a consumer agrees or is required to pay—|
|a)||a one-time or periodic membership fee or any similar charge; or|
|b)||any amount in respect of services or access to services to be provided at a date more than 25 business days after the payment is made, other than by way of a prepayment device contemplated in section 63,|
the amount so paid remains the property of the consumer until the supplier makes a charge against it in accordance with subsection (2).
|2)||A supplier may make a charge against the consumer’s money contemplated in subsection (1) once each month in advance for the pro-rata portion of the amount so held, as required to pay the ensuing month’s cost of the membership or service.|
|3)||If a supplier intends to close a facility to which the supplier has committed to provide future access in terms of an agreement with a consumer to provide any service, without making available a reasonably accessible alternative facility, the supplier must —|
|a)||give written notice of that intention to such consumer at least 40 business days before the intended date of closure; and|
|b)||no later than five business days after closing that facility, refund to such consumer the balance of any money belonging to that consumer in terms of this section.|
|4)||Subsection (3)(b), read with the changes required by the context, applies equally in respect of any involuntary closing of a facility contemplated in this section.|
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