The contract may be terminated after commencement of deliveries without penalty.
The amendment allows the cancellation of a contract for the supply of electricity or gas closed so. Distance way or away from business premises of the trader. "It is an agreement concluded without the simultaneous physical presence of the supplier and the consumer, ie a contract negotiated, for example via the internet or telephone, as well as on contracts with itinerant vendor, "says Luke Green, head of the legal department Dtest.
From such contracts, it is possible according to the Energy Law to resign within 14 days of their conclusion, in that the adjustment consistent with the Civil Code, the adjustment shall be governed by the resignation. The contract will be void from the beginning, if a consumer has already begun supplier of electricity or gas supply, the customer is obliged to him for the consumed energy and gas pay.
"In our consumer counseling to encounter cases where consumers commit more contracts for the supply of energy for a long time to come, this leads to a kind of chaining contracts. For example, a consumer has concluded a contract for a fixed term until the end of 2016, even during the term of this contract will then negotiate a contract with another supplier effective from 1 1st 2017 to 31. 12. 2019 and after addressing another contractor undertakes to subscribe energy contract Since 1. 1. 2020 "says Luke Green.
Some consumers do not remember, then it has a certain future period and conclude a treaty concluded another contract for the same period. In this case, the agreement, which was concluded earlier. There are also situations where consumers lose the contract, and then knowing when their current contract ends. In addition, fixed-term contracts under which electricity supply will start in a few years, may be particularly due to the development of energy prices for consumers considerable disadvantage.
For these reasons, perhaps also bringing an amendment to the Energy Act novelty of the possibility to withdraw from a distance contract or contracts negotiated away from business premises of the trader after commencement of the supply of electricity or gas. The consumer can now contract concluded in this way terminate within 15 days after the start of deliveries. Just when the 15th day after the start of deliveries sends the termination of the contract suppliers. The notice period is 15 days and begins on the first day of the month following receipt of notice.
According to the amendment also applies that in case of termination of the contract within 15 days from the commencement of supply of electricity and gas, the consumer may terminate the contract without penalty.
"Suppliers in contracts for the supply of energy for a fixed term often inserted in connection with the early termination of the contract and the provisions of the contractual penalty in the hundreds of thousands of crowns, to us, however, are cases where suppliers require premature termination of the contract of a contractual penalty even 90% price energy, to whose collection the consumer is committed. Therefore, the prohibition of contractual fines welcome, "says Luke Green. Thus, if the contract provides for early contract termination penalty, the consumer will not have it at the termination of the contract within 15 days of the commencement of deliveries to pay.
The amendment to the Energy Act contains transitional provisions. Therefore expressly do not address whether it will be possible to contracts for the supply of energy to resign within 15 days after the commencement of the supply of electricity and gas, even if the contract was concluded before 1 January 2016. "concluded a consumer contract in the past and supply of energy to start after 1 January 2016, may, within 15 days of the commencement of deliveries to terminate the contract, "expresses the opinion Dtest Luke Green.
Ensuring business conditions friendly to consumers is one of the objectives of the ongoing mass change suppliers of electricity and gas, organized by consumer organizations dTest. Information can be found on www.ChciVyhodnejsiEnergie.cz.
Source: tz