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Contractual penalties for unreturned modems are unconstitutional says Constitutional Court
Is your electronic communications provider demanding payment of a contractual penalty from you for not returning a modem? At the end of the year, the Constitutional Court decided that under certain conditions, this approach is unconstitutional.
According to the Constitutional Court, contractual penalty arrangements cannot in principle be part of general business terms and conditions. A service provider can arrange a contractual penalty with you, but only directly in a contract on which you place your signature; otherwise it has to clearly prove that you have been acquainted with this obligation. A reference to general terms and conditions somewhere on a website is not considered such proof. In the opposite case, it is at variance with the principle of consumer protection for the provider to demand payment of a contractual penalty from you. The conclusions of the Constitutional Court naturally have a broader impact and pertain not only to providers of electronic communication services and their general business terms and conditions. For more information, we recommend reading the respective ruling of the Constitution Court, File No. I.ÚS 3512/11 of 11 November 2013.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."