Which disputes CTU solves
The Czech Telecommunication Office, as national regulator of electronic communication and postal services, is empowered by law to decide on the following types of disputes:
- disputes between parties undertaking communication activities (Section 127 of the Electronic Communications Act);
- subscriber disputes (Section 129 of the Electronic Communications Act);
By Article 125(3) of the Electronic Communications Act, CTU is authorized to publish resolution on disputes between a person performing communication activity and subscriber/user, even if the subject of the dispute concerns larger amount or subscribers/users. Within this authorization CTU publishes on its website model decisions, which does not grant the appelant (the operator) unlawfully negotiated contractual sanctions.
Contractual Penalties are not part of Terms & Conditions
A contractual penalty is valid, if it is part of a document, which requires consumer's signature. This follows finding of the Constitutional Judiciary of the Czech Republic No. I. ÚS 3512/11, which is reflected in CTU's decision.
Contractual terms and conditions should be written in a clear and comprehensive way, and should not hide any statements written in a small letters, so that the consumer fails to notice them. Constitutional Judiciary anticipates that understaking acts honestly in its approach towards consumer, and if it fails to, it is not entitled to legal protection.