Disputes with regard to claim settlement

Electronic communication services

Claims may be raised with regard to billing or provision of a publicly available electronic communication service. Claims must be made without undue delay and not later than within two months of the date of delivery of billing or the date of the defective service provision. Later, the right to submit a claim no longer exists.

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.

How long will I have to wait for the settlement of my claim?

A provider 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.

In consumer contracts, the Civil Code prohibits the use of provisions which preclude or restrict the rights of consumers when claiming liability for defects or liability for damage, meaning their right to raise claims.
According to the Act on Consumer Protection, an operator is obliged to receive a claim at any branch at which it is possible to receive a claim with regard to the range of goods sold or services provided, or at its registered office or place of business.

I disagree with the way in which a claim has been settled. What next?

You can 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. However, submission of such an objection also does not have suspensory effect on the obligation to pay the contentious invoice (even in the case that CTU has, at the client’s request, already acknowledged the suspensory effect of the claim made). You may again apply to CTU to acknowledge this suspensory effect.

An administrative fee of CZK 100 is charged for proceedings on objections. CTU will award a party to the proceedings that is fully successful in the case a right to reimbursement of the costs required to exercise or defend their rights against the party to the proceedings that is not successful in the case.

Postal services

Claims may also be made regarding shortcomings in the provided postal services. Postal terms and conditions of each operator of postal services must include a part explaining how to raise claims, including information about where and within what time limits claims may be submitted.

Should an operator not accept a claim or fail to settle it in time, the sender or the addressee may contact CTU with an application to commence proceedings on an objection against the claim settlement. Such proceedings may be commenced within a time limit of 1 month following the date of delivery of settlement of the claim or the date when the settlement should have been settled. Otherwise, this right expires.

Form of the submission

Pursuant to Section 37 of Administrative Procedure Code, you can make a submission 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, orally in the Protocol or electronically with e-signature within 5 days. For submission in electronic form you can also use CTU data mailbox (ID number a9qaats). The submission should contain information about the submitting person, subject of the claim and proposal of how to solve the objection.

You can find contacts on relevant departments of CTU under Contacts at the CTU website. 

An administrative fee of CZK 100 is charged for proceedings on objections. CTU will award a party to the proceedings that is fully successful in the case a right to reimbursement of the costs required to exercise or defend their rights against the party to the proceedings that is not successful in the case.

Pursuant to Section 12, Paragraph 7 of the Postal Services Act, sender has the right to compensation in case the postal item or monetary amount were not delivered. After the delivery, this right goes to the addressee.

Pursuant to Section 12, Paragraph 8 of the Postal Services Act, it is not possible to transfer the right to compensation to another person, unless otherwise agreed

Note: To file claims or objections, please, use the Czech version of templates.

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