(1) Where a trader operates a telephone line for the purpose of enabling a consumer to contact the trader in relation to a contract concluded by the consumer with the trader, the trader shall ensure that the telephone line is available to the consumer at a charge that does not exceed the basic rate.

(2) Where a trader operates a telephone line that contravenes subsection (1), and the consumer uses the line and pays more than the basic rate, the trader shall reimburse the consumer to the extent of the excess charged.

(3) Any provision of a contract which requires the consumer to make a payment that contravenes subsection (1) is unenforceable.

(4) A trader who contravenes subsection (1) commits an offence.

(5) If a trader fails to comply with the obligation to reimburse a consumer in accordance with subsection (2), the trader shall be liable in damages for any loss or damage suffered by the consumer as a result of that failure.