Claims about electronic communications and postal services
Claims about electronic communications and postal services
Electronic communications services
You can raise a claim against the billing statement, or the publicly available electronic communications service provided. Claims shall be made without undue delay, but no later than two months after the defective service provision (in the case of a claim against service) or of the date of receiving a billing for the service provided (in the case of a claim against billing statement), otherwise the right to submit a claim no longer exists.
If, with regard to the type of service provided, billing statement is not actually being sent out (prepaid cards), the two-month time limit for submitting a claim begins on the date the service was provided.
We recommend raising a claim in the manner set out in the provider's terms and conditions. We can recommend you to always submit your claim in a demonstrable way, preferably in writing and in a way of delivery that is demonstrable and that allows you to prove that the claim has been delivered to the provider.
Raising a claim has no suspensory effect on the obligation to pay the price charged. However, it is possible to contact CTU with an application to grant such suspensory effect. CTU will decide on the request.
How long will I have to wait for a claim settlement?
A provider is obliged to settle a claim without undue delay, but no later than one month of the date of receiving a claim. However, if the clarification of the claim requires discussion with foreign operator, this time limit is extended to two months.
In consumer contracts, the Civil Code prohibits the provisions that exclude or restrict the consumer's rights to claim responsibility for defects or responsibility for damage, i.e. the consumer's right to raise a claim.
According to the Consumer Protection Act, the provider is obliged to accept a claim at any branch at which the acceptance of a claim is possible with regard to the range of goods sold or services provided, or at its registered office or place of business.
If the provider does not accept or settle the claim, you are entitled to raise an objection against a claim settlement to CTU no later than one month of the date of receiving a claim settlement result or of the date on which the time limit for its settlement expires without any result. More information about appeal proceedings can be found here.
Postal services
Defects in postal services can also be claimed. If you receive a damaged postal item, if the postal item is lost or if the provision of the service is otherwise defective, it is possible to submit a claim to the service provider. The conditions for raising a claim are set out in the postal terms and conditions of the specific operator (e.g. for the Česká pošta, the deadline for submitting a claim is two working days from receiving the postal item). The operator is then obliged to settle the claim within one month at the latest.
It is necessary to provide assistance during the claim settlement, which means e.g. to submit a postal item including packaging material, or to give a credible evidence of the state of a postal item including packaging material in another way (e.g. detailed photo documentation of the packaging and content).
If the operator does not accept or settle the claim in time, the sender or the addressee may contact CTU and raise an objection against a claim settlement. Such proceedings may be initiated within one month of the date of receiving a claim settlement result or of the date the claim should have been settled. Otherwise, the right expires. More information on the objection procedure can be found here.