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In a case referred to in section 118, a subscriber has the right to a standard compensation.
The minimum amount of the compensation is EUR 20 for each full or partial week of delay
but not more than EUR 160.
The right to a standard compensation does not, however, apply, if the telecommunications
operator proves that the delay 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.
If the delay is due to a person who has been of help to the telecommunications operator in
fulfilling the agreement or part thereof, the telecommunications operator is discharged from
liability only if the person in question was also free of liability in accordance with
subsection 2.
Section 120
Defect in the delivery of a communications service
Delivery of a communications service is defective if the quality or mode of delivery of the
communications service does not correspond to what can be deemed to have been agreed.
The delivery of a communications service is defective, if:
1) the quality of the communications service does not meet the requirements of law or
Ficora regulation issued by virtue of law;
2) the delivery of the communications service has been continuously or repeatedly
interrupted for a reason other than that referred to in subsection 2 and the interruption cannot
be deemed insignificant considering the reason and circumstances; or
3) the communications service does not match the marketing information or differs from
what a subscriber can normally expect from a similar service.
A communications service is not deemed defective, if a telecommunications operator
temporarily, without the consent of the subscriber interrupts the communications service or
limits its use for a total of not more than 24 hours per calendar month, if the interruption is
necessary due to a construction or maintenance work or for reasons of information security.
Interference to the user caused by the interruption must be in terms of its manner and timing
as minor as possible. There must be sufficient information available about the interruption.
Section 121
Remedying a defect
The subscriber has the right to demand that the telecommunications operator remedy a
defect or redeliver a defective performance without any charge to the subscriber. The
telecommunications operator is not, however, obliged to remedy a defect if this would cause
unreasonable costs or detriment to the operator. When assessing whether the costs and
detriment are unreasonable, special attention shall be paid to the significance of the defect and
the value of the performance if it were in accordance with the agreement.
Even if the subscriber did not require that the defect or defective performance be rectified,
the telecommunications operator may, at its own expense, do this if it offers to do so
immediately after the subscriber has notified the operator of the defect. The subscriber may
refuse rectification of the defect if it would cause considerable inconvenience or involve a
threat of uncompensated costs to the subscriber, or for another special reason.
The telecommunications operator shall not invoke the fact that it did not have a chance to
rectify the defect if the subscriber rectified the defect and if, considering the circumstances, it