O2 Hot Spot

General Conditions for the Provision of Telecommunications Services in the System RLAN Telefónica Czech Republic, a.s., Issued in Accordance with Section 273, Paragraph 1 of Act No. 513/1991 Sb., (hereinafter "General Conditions O2 Hot Spot")

1. Subject of the General Conditions O2 Hot Spot

1.1 Telefónica Czech Republic, a.s., (hereinafter "O2") will provide the subscriber, on the basis of these General Conditions O2 Hot Spot, with the telecommunication services (hereinafter "services") of the O2 RLAN network (hereinafter the "network") according to the appropriate internationally recognised standards. These services will be provided in the Czech Republic (hereinafter "CR") in areas covered by the appropriate radio signal and on the territories of other countries by means of other operators to the extent stated in the current O2 Price List of Basic and Optional Services (hereinafter "Price List of Services") and all according to the individual type of prepaid service.

2. The Conclusion of an Agreement

2.1 Both the subscriber and O2 bear in mind that with the sending of the access codes by means of the subscribers services web site or by another method (access protocol etc.) an "Agreement on the Provision of Telecommunications Services on the O2 network" (hereinafter the "Agreement") is duly concluded in the wording of the General Conditions O2 Hot Spot and that the subscriber is from this moment obliged to adhere to the General Conditions O2 Hot Spot, the conditions of the current O2 offer and the instructions for the use of the services. An indivisible part of the Agreement is the Price List of Services.

3. Rights and Obligations of O2

3.1 O2 is obliged:

	3.1.1 to maintain the O2 network in such a technical and operational condition so that the standard of quality anticipated by the General Licence is achieved,
	3.1.2 to eliminate any faults arising on the O2 network as quickly as possible and if technically possible within five working days at the latest. O2 will proceed in a similar way even in the event that a fault arises in circumstances that exclude responsibility in accordance with the Commercial Code (force majeure),
	3.1.3 to provide notification of price changes in the services and of fundamental changes to the provision or use of the services as soon as possible,
	3.1.4 to permit the subscriber to become acquainted with the actual wording of the Complaints Code, the General Conditions O2 Hot Spot and the Price List of Services at the O2 sales outlets,

3.2 O2 is entitled:

	3.2.1 to change the subscriber's number or access code for pressing technical or operation reasons, even without the approval of the subscriber,
	3.2.2 to subsequently install a method of network protection, providing it believes that the introduction of such protection is in the interest of the subscriber and it does not result in any additional expense on the part of the subscriber.

4. The Rights and Obligations of the subscriber

4.1 The subscriber is entitled:

	4.1.1 to use the services of the applicable network according to the actual offer of O2 to the extent of Article 1.1,
	4.1.2 to turn to the O2 Customer Care Department with any comments, complaints, the reporting of faults and requests,
	4.1.3 to permit the use of services by a user and/or third party for a fee only with the prior written approval of O2. The subscriber's request for approval will be dealt with by O2 no later than 6 months from its receipt.

4.2 The subscriber is obliged:

	4.2.1 to use the services only by a method that is in accordance with these General Conditions O2 Hot Spot, written directions, instructions and the current offer of O2 and that cannot negatively influence the operation of the network or the quality of services provided to other subscribers (e.g. the use of services for permanent or similar connection to www or other servers),
	4.2.2 to only use the services by means of mobile RLAN equipment approved for operation in CR. The subscriber is only entitled to utilise the services using equipment other than mobile RLAN equipment on the basis of the prior approval of O2. The subscriber's request for approval will be dealt with by O2 no later than 6 months from its receipt,
	4.2.3 to utilise a subsequently introduced method of protecting the network if this is to the benefit of the subscriber or the network,
	4.2.4 to pay for the services provided in accordance with the General Conditions, in particular Article 5 of the General Conditions.

5. Prices and Payments

5.1 The prices for the services are stated in the current Price List of Services. The current Price List of Services is available to the subscriber in the O2 sales outlets.

5.2 A prepaid service can be used after the payment of the appropriate fee and for the period stated in the current Price List of Services. This period commences for each unique combination of access codes at the moment of its first sending and the period terminates without regards as to whether the user is connected to the network or whether the service is actively used or not. After expiry of the prepaid period for the use of the service the subscriber must send a further valid unique access code combination to further utilise the service. Information concerning the remaining period for the use of the services is given on the appropriate web pages and is only for orientation.

5.3 With regards to the specific nature of the payment for the services provided, O2 does not issue a statement to the subscriber for the services utilised.

6. The Gathering and Use of Information on the subscribers

6.1 O2 keeps an up to date record of its subscribers, the authorised representatives of subscribers and the users (hereinafter the "subject of the information"), which contains personal and intermediary data that is processed manually as well as automatically by itself or by means of the entities stated in Paragraph 6.2, and it is also entitled to use it, in accordance with the legal order of the CR, for the purposes of the operation and protection of networks, the provision of telecommunications services and services connected with this, for the purposes of offering business and services, for marketing and commercial purposes, and for purposes arising from the appropriate legal regulations or agreements with the subscriber and all this to the extent to which information was provided by the subject of the information or which arose from the character of the provided services or which O2 acquired when providing telecommunications services or associated services. O2 is entitled to process personal and intermediary data for the above mentioned purposes for a period stated on the applicable form, document or other medium and if a specific period is not stated then it is taken to be for the whole period of duration of the contractual relationship or until the full settlement of the rights and obligations arising from this contractual relationship or for the period stated by the applicable legal regulations or in accordance with them. By signing the appropriate form or other document or by using the service or by a similar act the subject of the information approves the above mentioned processing of his data by O2, or by its commercial representative, and it is explicitly agreed that this approval is irrevocable for the duration of the contractual relationship or until the full settlement of the rights and obligations arising from this contractual relationship. O2 is entitled to continue processing the name, surname and address of the subject of the information even after the full settlement of the rights and obligations arising from this contractual relationship for the purposes of offering services and products, unless the subject of the information, who is an individual, has demonstrably delivered his written disapproval with this to O2.

6.2 O2 is entitled to provide the operators of public telecommunications networks and the providers of public telecommunications services with information necessary for the provision of telecommunications services, in particular data on the subscribers to communications services, for the purpose of connection and access to a network, for mutual billing and for the prevention of the misuse of the network and services. O2 is further entitled to provide data on the subjects of information stated in Article 6.1 to those entities that represent O2 or otherwise legitimately protect its interests or that participate, in particular, in the creation, offering, modification, provision and operation of telecommunications services and services connected with them or in the operation and maintenance of the systems by which the subjects of information are provided with such services.

6.3 O2 undertakes to ensure that the information recorded according to Article 6.1 will only be handled in accordance with this Article 6, to ensure its appropriate protection and that, apart from cases permitted or given by law or agreed with the subject of the information, it will not pass this information on to third parties. The rights and obligations of administrators, processors and the subjects of personal information are contained in the generally applicable legal regulations.

6.4 The subject of the information agrees to allow O2 to inform it of new services and products or about the services and products of subjects that have a contractual relationship with O2. This approval is irrevocable for the duration of the contractual relationship or until the full settlement of the rights and obligations arising from this contractual relationship.

6.5 O2 makes available the subscriber's number of the subscriber or user to the other network subscribers or third parties. O2 is further entitled to publish a list of subscribers or users stating their name, surname, address and subscriber number or company name, registered address and place of business as the case may be. This does not apply for subscribers or users that do not agree to the publication of this information and use a service that does not permit the publication of their subscriber number. O2 will provide the above mentioned data on the subscriber or user to entities authorised according to a special regulation.

7. Complaints

7.1 The subscriber is entitled to make a complaint in the event of the faulty provision of:

	7.1.1 services,
	7.1.2 other network services and services not specifically stated above that O2 provides or will provide in the future.

7.2 The subscriber is obliged to make a written complaint to the Customer Care Department according to Article 7.1 within 2 months of the use of the service or the right will expire.

7.3 A complaint will be dealt with by deadlines that correspond to its complexity and technical or administrative demands, i.e.:

	7.3.1 simple complaints that do not require a technical investigation, within 15 calendar days,
	7.3.2 more complex complaints that require technical investigation, within 30 calendar days,
	7.3.3 cases that need to be resolved in co-operation with a foreign operator, within 60 calendar days of receiving the complaint.

7.4 In the event that a complaint against services provided is found to be justified then, according to the nature of the faulty provision of the service, the subscriber will receive back a proportionate part of the price or the price for the service within 30 days of resolving the complaint by an agreed method and this is on the assumption that the already paid amounts will not be taken into account to meet the claims of O2 against the subscriber.

7.5 In the event that a complaint against the provision of services is considered unjustified then O2 is entitled to request from the subscriber reimbursement of the expenses directly connected with the resolution of the complaint up to the level of 100 percent of these expenses.

7.6 In the event that the subscriber does not agree with the outcome of the complaint resolution he can submit an objection to the appropriate body in accordance with the legal regulations.

7.7 The methods for submitting and resolving a complaint against services are set out in the Complaints Code, which both O2 and the Subscriber are obliged to adhere to.

7.8 O2 undertakes to consider all the complaints and comments of the subscriber concerning the services provided and to deal with them in accordance with the Complaints Code and the applicable generally binding legal regulations.

8. Usage of the Networks of Other Operators

8.1 The subscriber is, within the framework of the service, entitled to use the networks of other operators (hereinafter "roaming") according to the O2 offer, with the exception of the cases given in articles 8.3 and 9.4.

8.2 The subscriber is obliged to pay O2 the amounts billed according to Article 5.2 for roaming on the networks of other operators.

8.3 In justified cases O2 is entitled, especially if the subscriber is in arrears with the payment of the owed amounts or if the subscriber breaches the General Conditions O2 Hot Spot, to limit or block the subscriber from roaming on the networks of other operators.

9. Restrictions or the Possible Outage of the Network

9.1 For an absolutely necessary period O2 is entitled to restrict the provision of services for serious technical or operational reasons.

9.2 The subscriber is to bear in mind that in the overview of areas covered by the appropriate radio signal, which is available at O2 sales outlets and on the O2 web site, are marked areas with the probable occurrence of the appropriate radio signal. O2 does not guarantee that in the areas in the overview marked as covered by the appropriate radio signal the subscriber will always achieve a network connection. O2 is not responsible for a worsening of the quality of transmission (services) due to physical influences or by the nature of the equipment used. O2 is further not responsible for the failure to operate, outage or limited operation (hereinafter "failure to function") of the internet network, nor for the influence of such a failure of the internet network on the services provided by O2.

9.3 O2 can restrict or cease the provision of services in the event of a crises situation, in particular in the event of military mobilisation, acts of god, epidemics or in the event that O2 has been obliged to implement such restrictions on the basis of the decision of a state body of the CR.

9.4 O2 is entitled, after prior notification, to restrict or cease the provision of all services on the basis of agreements concluded between the subscriber and O2 if the subscriber breaches the General Conditions O2 Hot Spot, e.g. the obligations stated in articles 4.1.3 and 4.2.2, uses the O2 network for services other than are stated in Article 1.1 or is in arrears with the payment of the amounts for the price of the services provided, uses equipment that is not approved for use in CR, there is reason to suspect that the subscriber, or a third party, has misused or is misusing the services, the subscriber refuses to pay a deposit or provide another guarantee stated by O2, or uses the services by a method that might negatively influence the operation of the network or any of its components or the quality of services provided to other subscribers. As misuse of the services is considered the use of services by a method other than that given in the General Conditions O2 Hot Spot or by a method that is not in accordance with the General Conditions O2 Hot Spot. In such an event O2 is entitled to deactivate all the services provided to the subscriber.

9.5 In the event that the subscriber breaches the provisions of the General Conditions O2 Hot Spot or fails to adhere to the conditions of the current O2 offers, O2 can halt or terminate the provision of prepaid services. In such a situation the unutilised services are surrendered and O2 will not provide reimbursement for their value.

10. The Duration of the Agreement

10.1 The agreement comes into effect and validity with the sending of access codes by means of the subscriber services web site or by another method (access protocol etc.) and is concluded for a fixed term, which is until the expiry of the subscriber's access codes.

11. Responsibility for Damage and Compensation for Damage

11.1 O2 is responsible for damage caused as a consequence of breaching legal obligations, which are not stated in the General Conditions O2 Hot Spot, only if such a breach took place as the result of gross negligence on the part of the employees or commercial representatives of O2.

11.2 O2 is not responsible for:

	11.2.1 damage which arose as a consequence of exceeding capacity limits, faults, repairs or maintenance of the network or its components or that results from the nature of the equipment used (e.g. permitting access to a third party to the electronic data or equipment of the subscriber),
	11.2.2 lost profits,
	11.2.3 damage arising as the result of stolen or disclosed access codes.

11.3 Damage is compensated for by O2 in the form of the free of charge provision of network services to the level of the verified damage, to a maximum, however, of 50,000 CZK.

11.4 The subscriber is responsible for damage incurred by O2 due to the breaching of the provisions of the General Conditions O2 Hot Spot by the subscriber or user (third party) or the use of RLAN equipment or other equipment that interferes with the network. The subscriber is also responsible for damage as a consequence of the unauthorised intervention into the programming necessary for the use of the services or the use of RLAN equipment or other equipment not approved for operation in the CR.

11.5 The subscriber is responsible for the misuse of RLAN equipment and for the damage caused to O2 as a result. The subscriber is obliged to pay an amount equal to the value of the services provided to the individual misusing the RLAN equipment as well as any other possible damage caused by this, including the misuse of the access codes of the subscriber.

12. The Amendment and Validity of the General Conditions O2 Hot Spot

12.1 O2 is entitled to amend the General Conditions WiFi but at the same time it is obliged to inform the subscriber in the O2 sales outlets of the change to the conditions at least 3 months prior to them coming into effect.

12.2 The General Conditions WiFi apply for the whole validity period of the contractual relationship and even after its termination up to the time that all the rights and obligations arising from this relationship are settled.

13. The Law and Court Competence

13.1 This agreement is governed by the legal order of the CR.

13.2 The competence of a court is given by the Civil Procedure Code No. 99/1963 Sb., as subsequently amended. The court competent for legal proceedings conducted against a foreign subject is always the court with local competence in relation to the O2 headquarters.

13.3 Relations arising on the basis of the General Conditions O2 Hot Spot are governed by Act No. 513/1991 Sb., the Commercial Code as subsequently amended.

14. Joint and Final Provisions

14.1 As a written act on the part of O2 are also considered legal acts delivered to the other party by post, fax, electronic mail, short text message (hereinafter "SMS") or by means of the subscriber's services web site.

14.2 The subscriber is to bear in mind that O2 is entitled to send all messages, requests, notifications, reminders etc. (hereinafter "message" or "messages") to the subscriber's services web site. Confirmation of the delivery of a message via the subscriber's services web site is recorded on the O2 system.

14.3 In cases of doubt about whether a service was provided or whether an act (message, request, reminder etc.) was undertaken, the deciding factor is the record of operation of the centre and/or the O2 system or appropriate roaming operator.

14.4 An indivisible part of the Agreement is the current Price List of Services.

14.5 In the event that the Agreement, General Conditions O2 Hot Spot and the Price List of Services are mutually contradictory, the following order of priority applies:

	14.5.1 General Conditions O2 Hot Spot,
	14.5.2 The Agreement
	14.5.3 The Price List of Services

14.6 The Czech text of the General Conditions O2 Hot Spot is binding.

14.7 The valid General Conditions O2 Hot Spot can be examined at any O2 sales outlet and on request O2 can provide a copy.

14.8 The validity of these General Conditions WiFi is terminated at the moment that subsequent General Conditions O2 Hot Spot come into effect.

14.9 These General Conditions O2 Hot Spot come into effect on 1.11.2002.

Telefónica Czech Republic, a.s.
VYSKOČILOVA 1442/1B
140 21 PRAHA 4
TEL. 02/6701 1111
IČ: 15268306
DIČ: 004-15268306
SPOLEČNOST JE VEDENÁ U MĚSTSKÉHO SOUDU PRAHA POD SP. ZN. C 1504.