Unjustified invoice

Where a user agrees a test period with the operator, which is most often free of charge, the user and the operator sign a contract specifying the conditions under which the test period will end and whether the user will be charged anything during the test period.

Users should take particular care when entering into such agreements and read all the terms of such agreements carefully. They often contain a clause stating that if the user does not cancel the service in the prescribed manner before the end of the test period, the user is deemed to remain a subscriber after the test period has ended, for which the operator is entitled to invoice the user and the user is liable to pay the invoices.

The Agency resolves disputes between users and operators only if they relate to rights and obligations under the Electronic Communications Act, regulations issued pursuant to it, and rights and obligations under contracts for the provision of electronic communications networks or services. If an enforcement order has been or will be issued against you as the debtor in an enforcement proceeding, you may object to it before the competent court on the grounds preventing enforcement, in the manner, within the time limits and in accordance with the procedure provided for in the Law on Enforcement and Security. As a party to the proceedings, you will be able to explain to the court in your objection why you think enforcement should not take place, or, if enforcement is based on a authentic instrument, to object on the merits.

Commercial messages (e.g. SMS clubs, etc.) are not sent by the electronic communications operator but by an external service provider. Under the provisions of the Electronic Communications Act, the Agency can only decide on disputes between end-users and operators, not between end-users and other service providers (commercial message providers). If you object to subscribing to a service because you do not think you have subscribed to it, you are advised to contact the provider of these messages directly and to inform your operator. If you file a dispute resolution request with the operator, the Agency will only determine, in accordance with its powers, whether the disputed traffic on the number was actually carried out and charged in accordance with the price list. However, the Agency has no jurisdiction to rule on any objections that you did not wish to subscribe to a commercial service.

Only universal service providers are subject to the obligation to provide an itemisation, but many operators nevertheless provide a basic level of itemisation to their customers on their own initiative. If you would like a more detailed breakdown of your bill, please contact your operator and check its general terms and conditions to see whether the breakdown is free or chargeable. The General Act on itemised billing sets out what is covered by the basic level of itemisation.

Any level of itemisation beyond the basic level may be charged by the operator, but only up to the actual cost. The operator shall be entitled to charge this cost if it is clearly stated in the General conditions and the applicable price list.

The operator is entitled to charge reconnection costs in the event of temporary disconnection of services due to untimely payment of obligations only if this is explicitly stated in its General terms and conditions.

The Operator shall be entitled to charge the monthly subscription fee during a temporary disconnection due to non-payment by the Subscriber only if this is expressly stated in its General terms and conditions.

By signing the Subscription Agreement, the Subscriber agrees to the terms and conditions set out in advance by the Operator, including, but not limited to, the specific terms and conditions of each operator for the use of the Moneta service. The Moneta service is not an electronic communication service but an information society service and is a type of cashless payment instrument. In view of the above, the Agency is not competent to settle disputes arising in connection with the use of the Moneta service. If the user no longer wishes to use the Moneta service, he/she may deactivate it. He may do so under the conditions and in the manner laid down by each individual operator.

For billing purposes, the operator may record the amount, duration and time of data transmission, but may not record (and store) the web addresses of the pages visited by the user.

If you disagree with the billing, you must dispute the bill with the operator and, in the event of a negative response, submit a dispute resolution request to the Agency to verify the actual amount of data downloaded.

The relationship between the subscriber and the operator is assessed in terms of the telecommunications service provided. The basis for charging for so-called premium services is the subscription relationship and the traffic provided. If you had access to premium services under the contract, or if it is clear from the operator's general terms and conditions that premium services are included in the operator's range of services, the operator is justified in charging you for the 090 call. The mere fact that you waited for a longer period of time for the presenter to answer in the studio, which was the fault of the broadcaster, is not legally relevant to the question of the legitimacy of the operator's charging, since the telephone call was in progress even while you were waiting to be connected to the studio. If the claimant were to plead in its application that it had been misled by the broadcaster (e.g. that the broadcaster had deliberately delayed the connection to the studio and that the call had consequently taken longer than it should have), such a dispute would not be within the competence of the Agency, but would fall within the jurisdiction of the court having jurisdiction as to the subject-matter and the place of jurisdiction.

The basis for charging the call is already present in the establishment of the telephone connection, irrespective of the fact that there may not yet be a response from the called party at the called number (e.g. activation of an answering machine, activation of a secretary, etc.). The same applies to calls to numbers for various premium services where there is no human response (e.g. telephone voting or televoting), in which case the call will be charged as soon as it is established.

It should also be noted that calls to premium numbers are charged at a higher rate than calls to regular telephony, and calls are charged either per duration (i.e. per minute) or per call, depending on the provider, which also sets the price of its service. We recommend that you check the price and billing method with your premium rate provider before using their services.

The administrative costs are the responsibility of the subscriber and are usually agreed in the subscription contract. The operator is therefore only entitled to charge costs if this is explicitly stated in the contract itself or in the operator's general terms and conditions. The (purely) unilateral addition of new obligations by the operator in the general terms and conditions and in the subscription contract after the fact, without the operator having a legal basis for doing so, may be legally objectionable.

To avoid additional costs, we suggest that you call the 1188 number only to obtain information about the telephone number you want to call and make the call to the number you are looking for separately, without direct call forwarding by the directory service provider, as calls forwarded as part of a call to a specific 1188 number will be charged outside the quota of the leased units in the subscription package. 1188 calls to a specific 1188 number will be charged outside the quota of the leased units in the subscription package.