Disputes with regard to claim settlement

Electronic communication services

Claims may be made 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 faulty provision of a service. After this, the right to make 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 making a claim begins on the date of the provision of the service.

Making a claim does not have suspensory effect on the obligation to pay the price billed. However, it is possible to contact the CTU with an application to grant such suspensory effect. The Office 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 for the sake of clarifying the claim, this time limit is extended to two months. The delivery of claim settlement must be made in a provable way.

The Civil Code promotes the use of such provisions in consumer contracts which preclude or restrict the rights of consumers when claiming liability for defects or liability for damage, meaning their right to make 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 with CTU for the commencement of proceedings on an appeal against the settlement of a claim not later than within one month of the date of delivery of the settlement of the claim or of the date on which the time limit for its settlement by the operator expires ineffectively. However, not even filing such an appeal has 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 appeal proceedings. CTU awards a party to the proceedings that is fully successful in the case the reimbursement of the costs required to exercise or defend its rights against the party to the proceedings that is not successful in the case.

Postal services

Claims may also be made regarding shortcomings in provided postal services. The manner of making claims, including information about where and within what time limits claims may be made, is a mandatory part of the postal terms and conditions of each operator of postal services. 

Should an operator fail to accommodate a claim or fail to settle it on time, the sender or the addressee may contact CTU with an application to commence proceedings on an appeal against the settlement of the claim. 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.

An administrative fee of CZK 100 is charged for appeal proceedings. CTU awards a party to the proceedings that is fully successful in the case the reimbursement of the costs required to exercise or defend its rights against the party to the proceedings that is not successful in the case.

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