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cannot reasonably be expected that the subscriber would have waited for the
telecommunications operator’s rectification.
Section 122
Price reduction and standard refund
If the defect cannot be rectified or correct delivery is not possible or if such a rectification
has not been made within reasonable time after the subscriber has notified of the defect, the
subscriber has the right to a price reduction proportionate to the defect.
If a defect is based on an interrupted delivery referred to in section 120, the subscriber has
the right to a standard refund. The minimum amount of the refund is EUR 20 for each full or
partial week of interruption but not more than EUR 160. If a standard refund is paid to the
subscriber, the subscriber has no right to a price reduction referred to in subsection 1 for the
same interruption.
The right to a standard refund does not, however, apply, if the telecommunications operator
proves that the interruption is due to an obstacle beyond its control which it cannot reasonably
be expected to have considered when entering into the agreement, and the consequences of
which could not have been reasonably avoided or overcome.
Section 123
Liability for damages
The subscriber has the right to a compensation for damages suffered from a delay,
interruption or other defect in the communications service. The subscriber is entitled to
compensation for damages referred to in section 119 if the damages exceed the amount of
standard compensation paid.
A telecommunications operator is liable for consequential damages suffered from a delay,
interruption or other defect in the communications service only if the damage was caused by
negligence on the part of the telecommunications operator. Consequential damages include:
1) loss of income for the subscriber caused by the interruption, delay or by measures
resulting from them;
2) damages caused by obligations under another agreement;
3) significant loss in the operating efficiency of a communications service that does not
cause direct financial loss, and a comparable substantial inconvenience.
Section 124
Obligation to notify a defect or delay
The subscriber shall not argue a delay, if he or she does not notify the telecommunications
operator of the delay within a reasonable time after the service has been delivered. The
subscriber shall not argue a defect if he or she does not notify the telecommunications
operator of the defect within a reasonable time after he or she has or should have discovered
the defect.
Notwithstanding subsection 1 the subscriber may argue a defect or delay if the
telecommunications operator has been grossly negligent or dishonourable and unworthy, or if
the communications service does not conform to the requirements of law or a Finnish
Communications Regulatory Authority regulation issued by virtue of law.