Claims against e-communication services
Subscriber who is an end-user or the user of publicly available electronic communication service has the right to raise a claim against billing or the quality of provision of the service provided.
Claims on billing must be made without undue delay and not later than within two months of the date of delivery of billing for the service provided. Later, the right to submit a claim expires. If, with regard to the type of service provided, billing is not actually sent out (prepaid cards), the two-month time limit for submitting a claim begins on the date of the service provision. Making a claim does not have suspensory effect on the obligation to pay the price billed. However, it is possible to contact CTU with an application to grant such suspensory effect. CTU will decide on such an application. This decision cannot be appealed.
Claims on defective service provision must be made without undue delay and not later than within two months of the date of the defective service provision. Later, the right to submit a claim expires.
A provider of publicly available electronic communication service is obliged to settle a claim without undue delay and not later than within one month of the date of delivery of the claim. If, however, dealings with a foreign operator are required to verify the claim, this time limit is extended to two months. The delivery of claim settlement must be made in a provable way.
If not agreed otherwise by the parties, the undertaking providing publicly available electronic communication service is obliged to return any access amount billed to the subscriber who is an end-user in a way and in a timeframe set in the terms and conditions of the service, but no later than within one month from the claim settlement. When the above-mentioned obligations are fulfilled by the provider and the rights the subscriber are thus satisfied, the service provider is not obliged to compensate to the subscriber any damages caused by the service outage.
Should the service be only partly usable or not usable at all for a defect of technical or operational nature, the provider is obliged to eliminate the defect and to lower the billed price proportionally, or, when agreed with the subscriber, to provide the service in an alternative way. Undertaking providing publicly available electronic communication service is obliged to compensate the users for damages caused by service outage or defective service provision.
Contracts regarding the provision of publicly available electronic communication service, concluded between a provider and a subscriber who is an end-user, must include a part explaining how to raise claims, including information about where and within what time limits claims may be submitted. Further detailed conditions regarding claim submission might be set in the general terms and conditions.
If the provider does not accept the claim (submitted according to Section 64 para 7 to 9 of the Electronic Communications Act), the subscriber, eventually the user, is entitled to file an application to CTU for the commencement of proceedings on objection against a claim settlement no later than within one month of the date of delivery of the claim settlement or of the date on which the time limit for its settlement by the operator expires ineffectively. Later, the right to submit an objection expires. However, submission of such an objection does not have suspensory effect on the obligation to pay the contentious invoice. CTU may, upon request of the subscriber (or a user) and in justified cases, decide on granting such suspensory effect. This decision cannot be appealed. The objection shall be filed by the subscriber to a respective regional department of CTU.
Submissions may be done in writing or verbally to an official record or in electronic format signed with a recognised electronic signature. If the submission in an electronic form is not signed by e-signature, it should be complemented by written form, verbally to an official record or electronically with e-signature within 5 days. Submitssion can also be made electronically by way of an e-mail provided with a recognised electronic signature or by data message sent to the CTU data mailbox (identifier: a9qaats). The submission should contain information about the submitting person, subject of the claim and proposal of how to solve the objection. The addresses of the CTU regional departments are provided in the Contacts section.
Under Section 129(1) of the Act on Electronic Communications, a subscriber or user is obliged when submitting an application for the commencement of proceedings on an objection against claim settlement (a decision on a dispute) to pay an administrative fee of CZK 100 (under point 110(d) of Tariff Rate under Act No. 634/2004 Sb. on administrative charges). It must be paid within a time limit of 15 days of the date of delivery of the call of the administrative body (CTU) to pay the administrative fee. If the administrative fee is not paid within the relevant time limit, the administrative body will discontinue the administrative proceedings concerned.
Disputes between providers of publicly available electronic communication service and a subscriber (or user) are solved by CTU, as the relevant administrative body, in administrative proceedings according to Administrative Procedure Code. The proceedings end by a decision.
A participant in the proceedings has the right to lodge an appeal against a decision issued in first instance within 15 days of notification of this decision. The appeal shall be lodged by the administrative body which issued the decision. Decision on the appeal is taken by the CTU Council Chair. No further appeal may be made after this decision has been taken.
Final decisions of the CTU Council Chair on appeals lodged against the decisions of CTU may be subject to court review in civil court proceedings according to Part five of the Civil Procedure Code.