Netia Contract Termination Due to Non-Functional Landline Service

sam_my wrote:

I have a similar problem.

XWindowsMen wrote:

Hello.
Agreement with Netia signed for 3 years. There are less than 24 months to the end of the contract. The internet works and everything is fine. However, for over 2 weeks no one has been able to call my landline number ("there is no such number"). Outgoing calls from this number are working. Can I terminate the contract with the operator on the grounds that he fails to fulfill his part of the contract without incurring ewe? costs etc!? Filing a complaint about the defect does not bring anything to the case ... they cannot / do not want to fix it. Of course, the bills are paid on time. Regards.

yonnie wrote:

If the regulations or the price change, you can terminate the contract without any consequences.

Quote:

CHAPTER 7
LIABILITY FOR NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF THE CONTRACT § 16
Responsibilities
1. The Operator shall be liable for non-performance or improper performance of the Agreement only to the extent specified in the Regulations, unless otherwise provided for in the Agreement and the Act.
2. The Operator shall not be liable for non-performance or improper performance of the provisions of the Agreement in the event of the Subscriber's failure to meet the obligations arising from the Regulations, the Price List, the Agreement or special conditions, to the extent to which the Subscriber's failure to perform such an obligation had an impact on the non-performance or improper performance of the Agreement by the Operator. .
3. The Operator shall not be liable for non-adaptation or defects of devices other than the Subscriber Devices and shall not repair, adjust or adapt them.
4. In the event of a Breakdown lasting longer than 24 hours, a Subscriber who is not a Consumer may demand a contractual penalty in the amount of 1/30 of the average value of the last 3 Bills for each started 24 hours of Failure, with the proviso that in the event of a break in the provision of the telephone service, the penalty is payable periodically the contract is charged in the event of a Breakdown lasting more than 12 hours).
5. In the event of a Breakdown, a break in the provision of the Service caused by a malfunction of the network of another operator, Planned Works, the Consumer may demand the payment of a contractual penalty in the amount of 1/30 of the average value of the last 3 Bills for each started 24 hours of Failure (except that in the event of a breakdown in the provision of a periodically paid telephone service, the contract penalty is charged in the event of a Breakdown, a break in the provision of the Service caused by a malfunction of another operator's network or Planned Works lasting longer than 12 hours).
6. In the event of a delay in the commencement of the provision of the Service, the Subscriber may demand, for each day of delay, the payment of a contractual penalty in the amount of 1/30 of the fixed subscription fee due for the Service, the provision of which has not been commenced by the Operator on time.
7. The period for which the Subscriber is entitled to a contractual penalty does not include the time when the Failure could not be removed for reasons attributable to the Subscriber.
8. The Subscriber is obliged to provide authorized Representatives of the Operator with access to the Subscriber Equipment located in the Premises for the purpose of inspection, measurement and failure removal.
9. The contractual penalty is paid on the basis of a complaint submitted by the Subscriber in the manner specified in Chapter 6 of the Regulations.

szaleniec wrote:

yonnie wrote:

If the regulations or the price change, you can terminate the contract without any consequences.

Not true. At least not always.
After the amendment to the Telecommunications Law of April 24, 2009, the matter is not as obvious as it seems to be.

yonnie wrote:

Each amendment to the regulations allows the contract to be terminated if the subscriber does not accept the changes.

Quote:

results directly from the change in the law, including the removal of prohibited contractual provisions

yonnie wrote:

But I wrote about changes that the subscriber can accept or reject.

yonnie wrote:

Any change to the regulations makes it possible to terminate the contract in the event that the subscriber does not accept the changes.