"We have examined general business conditions for some electricity suppliers to verify whether they are in compliance with specific provisions to protect consumers as the weaker party. The survey showed that among the approaches of individual suppliers, there are considerable differences involving the balance of reciprocal rights and obligations, transparency of business conditions, "says the head of the legal department Dtest Luke Green.
Terms & Conditions electricity suppliers generally include the possibility of unilateral changes by the supplier. If the contractor notifies the customer that it will increase prices or to change other contractual conditions not later than thirty days before their effective date and at the same time teach him of his right of withdrawal, the customer is entitled, without giving any reason to cancel the contract within ten days prior to the date price increase or other changes in contractual terms.
Some vendors have interpreted this provision after its announcement and deemed merely changes the customer publication of this change on its website. "The customer is free to decide whether it is still appropriate for him to remain in closed contractual relationship only when it is directly informed change and, therefore, the notification must be made individually and address. If the notice unaddressed, the consumer under the Act to rescind the contract three months from the date of the price increase or other circumstances change, "says Luke Green.
Another bad habit that arrangements for the obligation to cover a wide range of contractual penalties, which are in their business conditions, for example, the company entered RIGHT POWER ENERGY Ltd., One energy and Czech Republic as CENTROPOL ENERGY as discord persists despite the Constitutional Court's decision, which is of the opinion that the contractual fines can not in principle be included in general terms, but should be part of a consumer contract itself.
Series disadvantageous for the consumer provision concerns contracting out of business premises, ie for example during the visit of the salesman. "FONERGY Company Ltd. in their business conditions stipulates that if a customer representative arranged a visit for the purpose of the contract is not entitled to rescind the contract . But such an argument has no basis in law, rule on the purpose of the visit was discharged as early as the efficiency of the old Civil Code, "says Green.
Terms and Conditions of Nano Energies Trade Ltd. and Comfort Energy Ltd. in turn contain the consent of the consumer by giving him at the conclusion of contracts away from business premises mandatory information under the Act may communicate through the website. However, they do not meet the form required by law, thus writing or text in the event that a consumer agreed text form.
In the case of contracts concluded for a definite period should consumers should keep an eye on automatic contract extension. If the extension is not excluded in the terms set out in business conditions, the contract is usually extended by the same period, which was originally closed. Contracts concluded for a definite period can not prematurely terminate either at all, or this option is linked to the payment of various fees.
Finally, it is also important to pay attention to the part relating to the provision of personal data. For CENTROPOL ENERGY, as the customer agrees to the processing of personal data for a period of ten years after termination of the contract, if at that time the company consent to data processing taketh. "As with all contracts are appealing and in relation to contracts for the supply of electricity to consumers prior to signature read the terms and conditions. If the full provisions nevstřícných to the consumer, many things it says about suppliers, "says Luke Green.
Source: tz dTest.cz