Postpaid Conditions
(O2 Hot Spot - detailed information about the service.)
General Conditions for the Provision of Telecommunications Services in the System RLAN PP Telefónica Czech Republic, a.s., Issued in Accordance with Section 273, Paragraph 1 of Act No. 513/1991 of Col., (hereinafter "General Conditions O2 Hot Spot PP")
1. Subject of the General Conditions O2 Hot Spot PP
1.1 Telefónica Czech Republic, a.s., (hereinafter "O2") will provide the subscriber, on the basis of these General Conditions O2 Hot Spot PP, with the telecommunication services (hereinafter "Services") of the O2 RLAN network (hereinafter "Network") according to the appropriate internationally recognized 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"), all according to the individual type of service.
2. Execution of the Contract
2.1 A person interested in the Services provided by O2 shall fill out a form, "Application for the Provision of Telecommunications Services of the O2 Hot Spot PP Network" (hereinafter 'Application"), at an O2 sales outlet or its business agent, in compliance with the General Conditions O2 Hot Spot PP, and shall submit his/her identification documents as requested by O2. O2 shall confirm, in writing, the acceptance of the Application.
2.2 O2 shall approve the Application within 5 working days after its submission, unless agreed otherwise if the subscriber pays an advance payment to O2, if requested, pursuant to the current Price List of Services, and if the subscriber also meets the other conditions under which the Services are provided. The subscriber and O2 understand that upon its approval, the said Application shall become a duly concluded "Contract on the Provision of Telecommunications Services of the O2 network" (hereinafter "Contract") in the wording of the General Conditions.
2.3 If the O2 Hot Spot PP Services are not activated, it shall mean that the subscriber did not meet the conditions under which the Services are provided. In the case that the subscriber made an advance payment, O2 shall reimburse him/her within 15 calendar days after the submission of the Application.
3. Rights and Obligations of O2
3.1 O2 shall be obligated:
| 3.1.1 to maintain the O2 network in such a technical and operational condition so that the quality standard is achieved, | |
| 3.1.2 to eliminate any faults in the O2 network as quickly as possible, and if technically possible within five working days at the latest. O2 will proceed in a similar manner even if a fault occurred due to circumstances that exclude responsibility in accordance with the Commercial Code (force majeure), | |
| 3.1.3 to inform about any price changes in the Services and about any 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 current Complaints Code, the General Conditions O2 Hot Spot PP, and the Price List of Services at O2 sales outlets, | |
| 3.1.5 to make any changes to the Contract, as requested by the subscriber and approved by O2, as soon as possible, however no later than within the deadline stated in Article 6. |
3.2 O2 shall be entitled:
| 3.2.1 to request an advance payment from the subscriber based on the current Price List of Services, or to request another guarantee e.g. a security, etc. | |
| 3.2.2 to limit, for serious technical and operation reasons, the provision of the Services to CR networks only, | |
| 3.2.3 to verify in a legal manner, to copy, and to file paperwork or documents submitted based on Article 4.2.5, as well as any other identification information and documents of the subscriber, | |
| 3.2.4 to verify in a legal manner the trustworthiness of the subscriber, as well as his/her ability to fulfill his/her obligations, | |
| 3.2.5 to change the user name or access codes of the subscriber for any pressing technical or operation reasons, even without the consent of the subscriber, | |
| 3.2.6 to install additional methods of Network protection if O2 believes that the installation of such protection is in the interest of the subscriber or the Network and will not result in any additional expense on the part of the subscriber, | |
| 3.2.7 to refuse the Application of the subscriber if the subscriber has not fulfilled his/her obligations to O2 or any other entity, or if it can be reasonably assumed that such obligations will not be fulfilled, | |
| 3.2.8 to inform the subscriber or the subscriber's representative about the status of provided services, the due amount, etc. upon the request of the subscriber or the subscriber's representative, providing that the subscriber or the subscriber's representative meets the identification conditions requested by O2 for providing such information. |
4. Rights and Obligations of the Subscriber
4.1 The subscriber shall be entitled:
| 4.1.1 to request a change to the Contract, | |
| 4.1.2 to use the Services of the applicable network according to the current O2 offer and to the extent of Article 1.1, | |
| 4.1.3 to contact the O2 Customer Service Department in case of any comments, complaints, reporting of faults, and requests, | |
| 4.1.4 to permit a user and/or a third party to use the Services for a fee only with the prior written consent of O2. The subscriber's request for such a consent will be dealt with by O2 no later than 6 months after the day of its receipt. | |
| 4.1.5 During the term of the Contract, the subscriber shall provably keep O2's Customer Service Department informed in writing about any change in the subscriber's identification - that is, a change in business company or name, legal form, registered office, address, business place, mailing address, telephone number, bank, IN, and TIN - no later than 7 working days after the occurrence of such a change. |
4.2 The subscriber shall be obligated:
| 4.2.1 to use the Services only in the manner that is stipulated by these General Conditions O2 Hot Spot PP, written directions, instructions, and the current O2 offer and that cannot negatively impact the operation of the Network or any of its part, or the quality of the Services provided to other subscribers (e.g. the use of the Services for permanent or similar connection to www or other servers), | |
| 4.2.2 to use the Services only through the mobile RLAN equipment approved for operation in the CR; to use the Services through anything other than the mobile RLAN equipment only after the prior consent of O2. The subscriber's request for such a consent will be dealt with by O2 no later than 6 months after the day of its receipt, | |
| 4.2.3 to use additionally implemented methods of protection of the Network if it is to the benefit of the subscriber or the Network, | |
| 4.2.4 to pay for the provided Services in accordance with the General Conditions O2 Hot Spot PP, in particular Article 5 of the General Conditions, | |
| 4.2.5 to provide O2, upon its request, with any paperwork or documents showing the trustworthiness of the subscriber and his/her ability to fulfill his/her obligations. |
5. Price and Payments
5.1 The price of the Services is stated in the current Price List of Services. The current Price List of Services is available to the subscriber at O2 sales outlets.
5.2 Payment Terms:
| 5.2.1 After submitting the Application, O2 or its business agent may charge the subscriber with the price of activation and any potential advance payment. | |
| 5.2.2 At the end of a billing period, O2 shall issue and send a total bill for the provided Services, which shall be free of charge and shall have all the requirements of a tax document, to the subscriber by regular mail, unless another way of delivery has been agreed upon. A typical billing period shall be 30 or 31 days, and the beginning and end of the billing period shall be shown on the bill. In the case that the bill is not delivered to the subscriber within 12 days after the end of a billing period, the subscriber shall be entitled to ask O2 to make a copy of the bill, which shall be handed over or sent to the subscriber in an agreed manner. | |
| 5.2.3 O2 shall prepare the bill for the provided Services in the extent stipulated by the law and by the regulation of Český telekomunikační úřad. | |
| 5.2.4 The subscriber shall be obligated to pay the price, billed pursuant to Article 5.2.2, no later than 18 days after the end of the applicable billing period unless the Parties to the Contract agree otherwise. If the bill is not delivered to the subscriber, it will not affect in any way the subscriber's obligation, stated in the previous sentence of this Article. Payment can be made in any of the manners, and under the conditions, stated in the current Price List of Services. Payments made by collection from a bank account (hereinafter "Payment by Collection") may be arranged for at least three consecutive billing periods, and a confirmation of the applicable bank, containing the information required by O2, must be attached to a request. The subscriber must notify O2 in writing about the start or cancellation of the Payment by Collection no later than 7 working days before the end of the billing period for which the payment is to be made for the first or last time. In the case that the Payment by Collection from a bank account is not effected due to reasons on the part of the subscriber or the bank, O2 shall expect to be paid for the provided Services in another manner. In such a case, O2 shall be entitled to cancel the service of the Payment by Collection from a bank account. | |
| 5.2.5 Before the end of a billing period, O2 shall be entitled to hand over to the subscriber or send - to the subscriber's last address announced to O2 - a tax document and a substantiated notice requesting the immediate payment of a due amount if O2 is under the justified impression that the subscriber misuses the Services and/or will not pay the price of the provided Services in a proper manner or will permit a third person to misuse the Services. | |
| 5.2.6 The obligation of the subscriber to pay the billed price is considered fulfilled when the applicable amount showing the applicable variable symbol is credited to the O2 account. The variable symbol shall be stated on each bill, and the subscriber may ask for it in any other way, e.g. by phone. |
5.3 The subscriber may set off the claims of O2 against his/her undutiful counter-claims only if such counter-claims have been approved by O2.
5.4 Any overpayment or advance payment may be set off against, or used as a payment of, O2 claims from the subscriber, by O2. If an overpayment is not set off, it will be paid back to the subscriber in an agreed manner.
5.5 In the case that the Services provided to the subscriber were limited or interrupted due to reasons on the part of the subscriber (e.g. the subscriber does not pay the bill by the due date), O2 shall be entitled to request a fee for the renewal of the Services in their original scope or a payment for the reactivation of the Services O2 Hot Spot PP.
5.6 If the subscriber is late with paying the billed price of the provided Services, O2 shall be entitled to send the subscriber a notice, or notices, regarding the due amount and stating a new deadline for the payment. The subscriber agrees to pay the price of each such notice stated in the current Price List of Services, and the cost of the collection of O2 claims from the subscriber. Furthermore, the subscriber shall be entitled to charge the subscriber with a late fee of 0.1% of the original due amount per each day of delay, from the day following the payment due date until the day on which the bill is paid.
5.7 Any payment made by the subscriber, regardless of its symbol or indication, may first be used by O2, at its discretion, to pay off O2 claims from the subscriber arising from other legal reasons not from the provision of the Services, even if such claims are not yet payable. In the case that O2 uses such a payment made by the subscriber to pay off O2 claims from the subscriber, arising from other legal reasons not from the provision of the Services; the remaining portion of such a payment, or any other payment made by the subscriber, shall not be used against O2 claims arising from the provision of the Services until O2 claims from the subscriber, arising from other legal reasons not from the provision of the Services, including any appurtenance, are fully satisfied.
6. Request for a Change to the Contract
6.1 The subscriber shall be entitled to submit a written request for a change to the Contract in the manner stated by O2, and such a request shall contain the following information:
| 6.1.1 The business company and IN, or the first and last name, of the subscriber at the time of signing the request for a change, | |
| 6.1.2 The registered office, the address, or the business place of the subscriber at the time of signing the request for a change, | |
| 6.1.3 The user name at the time of signing the request for a change, | |
| 6.1.4 The account number of the subscriber at the time of signing the request for a change, | |
| 6.1.5 The type of network, the services of which the subscriber uses, | |
| 6.1.6 A description of the change that the subscriber requests, or the service that the subscriber wishes to start or cancel, | |
| 6.1.7 The date and signature of the subscriber. |
6.2 O2 shall approve or reject the request for a change within 5 working days after its receipt by O2, unless agreed otherwise. Approval shall mean that the requested change will be realized. The request for a change will be approved if the subscriber meets the conditions under which changes are realized. Upon its approval, the request for a change shall become a change to the Contract. The subscriber may submit the request for a change regarding the start or cancellation of a certain tariff involving a regular, periodically repeated payment for a billing period (hereinafter "Monthly Flat Fee") and a certain hook up fee only once during a billing period, and such a change shall become effective starting the following billing period.
6.3 Change Request Forms are available at O2 sales outlets.
6.4 O2 may request that the subscriber come in person to one of the stated O2 sales outlets due to an important reason related to the provision of the Services, and the reason must be stated in the request. The subscriber agrees to comply with such a request.
6.5 O2 may, at its own discretion, waive the requirement of submitting a change to the Contract in writing. In such a case, a change to the Contract will be made based on the identification of the subscriber in the manner stated by O2 (e.g. on the basis of a password, ID number, identification documents, etc.). The provision of this Article does not apply to the termination of the Contract.
6.6 If the subscriber does not fulfill his/her obligation to inform O2 about a change in the business company or name, legal form, registered office, address, business place, bank, IN, and TIN, O2 shall be entitled to charge the subscriber with a fee stated in the current Price List of Services.
7. Gathering and Use of Information on Subscribers
7.1 O2 keeps an up-to-date record of its subscribers, the authorized representatives of subscribers, and users (hereinafter "Subject of the Information"), which contains personal and intermediary data that is processed manually, as well as automatically, by O2 or by means of the entities stated in Paragraph 7.2. O2 is also entitled to use the data, in accordance with the legal regulations of the CR, for the purpose of the operation and protection of networks, the provision of telecommunications services and related services, for the offer of business and services, for marketing and commercial purposes, as well as for purposes arising from the applicable legal regulations or agreed upon with the subscriber - all this in the scope in which the information was provided by the Subject of the Information, which arises from the nature of the provided Services, or in which O2 acquired it when providing telecommunications services or related services. O2 shall be entitled to process personal and intermediary data for the above mentioned purposes during the time period stated on the applicable form, document, or other medium, and if such a time period is not stated, then it is taken to apply to the term of the Contract or until the rights and obligations arising from the Contract are duly settled, or during the time period stipulated by, or complied with, the applicable legal regulations. By signing the applicable form or other document, by using the service, or by performing a similar act, the Subject of the Information gives his/her consent to the above mentioned processing of his/her data by O2, or by its business agent, and it has been explicitly agreed that this consent shall be irrevocable during the term of the Contract or until the rights and obligations arising from the Contract are duly settled. O2 shall be entitled to continue with the processing of the first and last name and address of the Subject of the Information even after the rights and obligations arising from the Contract are settled, for the purpose of offering services and products, unless the Subject of the Information, who is a physical entity, has demonstrably delivered his/her written disapproval regarding this matter to O2.
7.2 O2 shall be 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 subscribers to communications services, for the purpose of connection and access to a Network, mutual billing, and the prevention of any misuse of the Network and Services. O2 shall also be entitled to provide data on the Subjects of the Information stated in Article 7.1 to those entities that represent or otherwise protect its interests, or participate - in particular - in the creation, offer, modification, provision, and operation of telecommunications services and related services, or in the operation and maintenance of the systems, through which the Subjects of the Information are provided with such services.
7.3 O2 undertakes to ensure that the information recorded according to Article 7.1 will be handled only in accordance with Article 7, will be duly protected, and will not be released to any third person unless required or allowed by the law or agreed upon with the Subject of the Information. The rights and obligations of administrators, processing entities, and the subjects of personal information are stated in the generally binding legal regulations.
7.4 The Subject of the Information gives its consent to O2 to inform it about new services and products or about the services and products of entities that have a contractual relationship with O2. This consent is irrevocable during the term of the Contract or until the rights and obligations arising from the Contract are settled.
7.5 O2 shall provide information regarding the subscriber or user to a third person authorized based on a special regulation.
8. Complaints
8.1 The subscriber shall be entitled to make a complaint in the event of a faulty provision of:
| 8.1.1 Services, | |
| 8.1.2 other network services and services not specifically stated above that O2 provides or will provide in the future. |
8.2 The subscriber shall be obligated to make a written complaint to the Customer Service Department, according to Article 8.1, within 2 months after using the service, otherwise his/her right to make a complaint will expire.
8.3 Complaints will be dealt with within the deadlines that correspond with their complexity and technical or administrative demands, i.e.:
| 8.3.1 simple complaints that do not require any technical investigation will be dealt with within 15 calendar days, | |
| 8.3.2 more complex complaints that require technical investigation will be dealt with within 30 calendar days, | |
| 8.3.3 any complaints that need to be resolved in co-operation with foreign operators will be dealt with within 60 calendar days after the receipt of the complaint. |
8.4 In the event that a complaint regarding the provided Services is found to be justified then, according to the nature of the faulty provision of the service, the subscriber will receive back a proportional part of the price, or the full price, of the service within 30 days after the day of resolving the complaint in an agreed manner, providing that the already paid amounts are not used to set off O2 claims from the subscriber.
8.5 In the case that a complaint regarding the provided services is found to be unjustified, O2 shall be entitled to request a reimbursement for the cost of the handling of the complaint, up to 100 percent of such a cost, from the subscriber.
8.6 In the case that the subscriber does not agree with the resolution of the complaint, he/she can raise an objection at the applicable authority in accordance with the legal regulations.
8.7 The methods of submitting and resolving a complaint regarding the provided Services are set out in the Complaints Code, with which both O2 and the subscriber are obligated to comply.
8.8 O2 undertakes to assess and resolve any complaint and comment of the subscriber, concerning the provided Services, in accordance with the Complaints Code and the applicable, generally binding legal regulations.
9. Use of the Networks of Other Operators
9.1 As part of the Services, the subscriber shall be entitled to use the networks of other operators (hereinafter "roaming") according to the current O2 offer, except for the cases stated in Articles 3.2.2, 9.3, and 10.4.
9.2 The subscriber shall be obligated to pay O2 the amounts billed according to Article 5.2 for roaming on the networks of other operators. In justified cases, O2 shall be entitled to limit or block the subscriber from roaming on the networks of other operators, particularly if the subscriber is late with his/her payment or if the subscriber breaches the General Conditions O2 Hot Spot PP.
10. Limitation or Shutdown of the Network
10.1 O2 shall be entitled to limit the provision of the Services for serious technical or operation reasons for the necessary time period.
10.2 The subscriber is aware of the fact that the overview of areas covered by the appropriate radio signal, which is available at O2 sales outlets and on the O2 website, shows areas with probable occurrence of the appropriate radio signal. O2 does not guarantee that the subscriber will always be able to connect to the networks in the areas shown on the overview as covered by the appropriate radio signal; O2 shall not be responsible for bad quality of transmission (services) caused by physical factors or the nature of the used technology. O2 shall also not be responsible for any operation failure, outages, or limited operation (hereinafter "Operation Failure") of the Internet, nor for the impact of such an Operation Failure of the Internet on the Services provided by O2.
10.3 O2 can limit or shutdown the provision of the Services in the event of a critical situation, in particular in the event of military mobilization, natural disasters, epidemics, or in the event that O2 is obligated to implement such limitations on the basis of a decision of a state authority of the CR.
10.4 O2 shall be entitled, after prior notification, to limit or shutdown all Services provided on the basis of the Contracts concluded between the subscriber and O2 if the subscriber breaches the General Conditions O2 Hot Spot PP, e.g. the obligations stated in Articles 4.1.5 and 4.2.2, uses the O2 network for services other than those stated in Article 1.1, is past due with paying the price of the provided Services, uses equipment that has not been approved for use in the CR, refuses to make an advance payment or to provide another guarantee stated by O2, uses the Services in a way which may negatively impact the operation of the Network or any of its parts or the quality of services provided to other subscribers, or if there is a justified suspicion that the subscriber, or a third party, has misused the Services. Use of the Services in any ways other than those stated in, or in compliance with, the General Conditions O2 Hot Spot PP shall be also considered misuse of the Services. In such an event, O2 shall be entitled to deactivate all the Services provided to the subscriber.
10.5 In the event that the subscriber breaches any and all provisions of the General Conditions O2 Hot Spot PP, or fails to comply with the conditions of the current O2 offer, O2 can halt or terminate the provision of the Services.
11. The Special O2 Offer
11.1 In the case that the subscriber meets the required conditions and uses the special O2 offer (hereinafter "Special Offer"), the conditions of the Special Offer and the provisions stated in this Article shall apply to the subscriber unless agreed otherwise.
11.2 By using the Special Offer, the subscriber can obtain products or services at a better price, or other advantages stated in the Special Offer.
11.3 If the service is not active, it shall be activated within 10 working days after the day of the submission of the Application.
11.4 If - during the time period stated on the Price List of Service, on any other O2 price list, in the Special Offer, or in the Contract - the provision of the Services is interrupted due to reasons on the part of the subscriber, or if the Contract is terminated, it will be due to a breach of the conditions of the Special Offer by the subscriber. The time period stated on the Price List of Services, on any other O2 price list, in the Special Offer, or in the Contract shall start on the effective day of the Contract or on the effective day of a change to the Contract. An interruption of the provided Services that was requested by the subscriber, as well as an interruption of the provided Services by O2 due to the fact that the subscriber does not pay or breaches his/her other obligations arising from the General Conditions or the conditions of the Special Offer, shall be considered a reason on the part of the subscriber.
11.5 The subscriber may request that the provided Services be interrupted only in the following cases:
| 11.5.1 during a warranty repair of the equipment received as part of the Special Offer, starting on the day of the receipt of the equipment for repair and ending the day on which the repair is to be done, unless agreed otherwise with O2, | |
| 11.5.2 the equipment received as part of the Special Offer is stolen or lost during a time period of 14 days at the maximum. If the subscriber requests to renew the provided Services within this time period, O2 shall renew the Services for a fee, and the subscriber shall not be obligated to pay any contractual penalty. |
11.6 In the case that the subscriber fails to fulfill, or breaches, any provision of Article 11, or any condition of the Special Offer, O2 shall be entitled to request that the subscriber pay, upon a call from O2, a contractual penalty stated in the Special Offer, on the Price List of Services, on any other O2 price list, or in the Contract, which shall usually equal the difference between the full and discounted price of the products or Services stated on the Price List of Services, on other price list, or in the Special Offer, by the due date of the applicable bill issued by O2.
11.7 The subscriber is aware of the fact that if he/she does not pay the bill by its due date and/or does not meet the conditions of the Contract, O2 may interrupt the provision of the Services or disable the subscriber from use of the products received under the conditions of the Special Offer.
12. Term of the Contract
12.1 The Contract comes into effect and becomes valid upon the approval of the Application by O2, and shall be executed for an indefinite time period.
12.2 The subscriber may terminate the Contract in writing:
| 12.2.1 if O2 changes the General Conditions. In such a case, the subscriber must terminate the Contract before such a change to the General Conditions becomes effective. The termination notice shall become effective on the day of its receipt by O2, or | |
| 12.2.2 without stating any reason. In such a case, the subscriber may terminate the Contract based on a one-month period, which starts on the first day of the month following the receipt of a termination notice by O2, or | |
| 12.2.3 if O2 implements an additional protection of the Network pursuant to Article 3.2.6. The termination notice shall become effective on the last calendar day of the applicable billing period during which the termination notice was received by O2. The subscriber must send such a termination notice no later than 15 calendar days before the implementation of the additional protection of the Network, or | |
| 12.2.4 if a third party submits to O2, with the consent of the subscriber, the Application regarding the identical subscriber number, pursuant to Article 2.1. The termination notice shall become effective on the day of the approval of the Application of the third party, pursuant to Article 2.2. In such a case, O2 must receive the termination notice together with the new Application. |
12.3 The obligation of the subscriber to pay any and all due amounts to O2 shall not be affected by the termination of the Contract. The provision of Article 6.1 shall apply to the requirements of the termination notice, as applicable.
12.4 O2 may terminate the Contract in writing, with a termination period of 25 calendar days, in the case that the subscriber does not pay a due amount by its due date or does not make an advance payment upon request. If the subscriber pays all due amounts or makes the advance payment by the expiry of the termination period, the termination of the Contract shall not become valid and shall not come into effect, and the provision of the Services shall be automatically renewed.
12.5 O2 may also terminate the Contract in writing, with a termination period of 25 calendar days, in the case that:
| 12.5.1 there is a justified suspicion that the subscriber misuses the Services, or | |
| 12.5.2 the subscriber has breached the provisions of the General Conditions, e.g. Articles 4.1.5, 4.2.1, and 4.2.2 or uses the O2 network for services other than those stated in Article 1.1, or bankruptcy was adjudged on the property of the subscriber or the subscriber entered into liquidation. | |
| 12.5.3 the subscriber has not been using the Services for more than 90 days or uses equipment that has not been approved for operation in the CR even though O2 requested the subscriber, in writing, to amend such a faulty situation. |
12.6 The termination periods stated in Articles 12.4 and 12.5 start on the day of mailing a termination notice to the subscriber by registered mail.
13. Liability for Damages and Damage Compensation
13.1 O2 shall be liable for damages caused by a breach of legal obligations that are not stated in the General Conditions O2 Hot Spot PP only if such a breach was caused by gross negligence on the part of O2 employees or business agents.
13.2 O2 shall not be liable for:
| 13.2.1 any damage caused by a capacity overload, the failure, repair, or maintenance of the Network or its parts, or by the nature of the used technology (e.g. by permitting access to the electronic data or equipment of the subscriber to a third party), | |
| 13.2.2 any lost profit, | |
| 13.2.3 any damage caused by a change to the Contract that has not been made in writing, | |
| 13.2.4 any damage caused by a theft or disclosure of access codes. |
13.3 O2 shall compensate the subscriber for damages by providing Network services for free, up to the amount of proved damages; however, no more than up to CZK 50,000.
13.4 The subscriber shall be liable for any damage incurred to O2 due to a breach of the provisions of the General Conditions O2 Hot Spot PP by the subscriber or user (third party), due to the use of RLAN equipment or other equipment that interferes with the Network, due to unauthorized interference in the software necessary for the use of the Services, as well as due to the use of RLAN equipment or other equipment not approved for operation in the CR.
13.5 The subscriber shall be liable for any misuse of RLAN equipment and for any damage caused to O2 as a result. The subscriber shall be obligated to pay an amount equal to the price of the Services provided to a person misusing RLAN equipment, as well as any other damage caused by this, including the misuse of access codes of the subscriber.
14. Amendments to, and Validity of, the General Conditions O2 Hot Spot PP
14.1 O2 shall be entitled to amend the General Conditions O2 Hot Spot PP; however, it shall be obligated to inform the subscriber about such an amendment to the General Conditions O2 Hot Spot PP through O2 sales outlets at least 3 months prior to its coming into effect.
14.2 The General Conditions O2 Hot Spot PP shall stay in effect during the term of the Contract, and even after the expiry of the Contact, until the rights and obligations arising from the Contract are settled.
15. Law and Jurisdiction
15.1 The Contract shall be governed by the law of the CR.
15.2 The jurisdiction is stipulated by the Civil Procedure Code No. 99/1963 of Col. in its latest amendments. The court competent for legal proceedings conducted against a foreign entity shall be always the court under whose jurisdiction the registered O2 office falls.
15.3 Relations arising from the General Conditions O2 Hot Spot PP shall be governed by Act No. 513/1991 of Col., the Commercial Code, in its latest amendments.
16. Joint and Final Provisions
16.1 Any legal act delivered to the other Party to the Contract through mail, fax, electronic mail, short text messages (hereinafter "SMS"), or through the subscriber's services website shall be considered a written act on the part of O2.
16.2 The subscriber is aware of the fact that O2 shall be entitled to send any and all messages, requests, notifications, notices, etc. (hereinafter "Message" or "Messages") to the subscriber's services website or to the subscriber's contact telephone number or telephone number in the O2 mobile network. A confirmation of the delivery of a Message through the subscriber's services website shall be recorded on the O2 system.
16.3 In case of any doubts about whether a service was provided or an act (message, request, notice, etc.) was carried out, an operation record of the telephone exchange, and/or the O2 system, or the appropriate roaming operator will serve as proof.
16.4 The current Price List of Services shall constitute an integral part of the Contract.
16.5 In the event that the Contract, the General Conditions O2 Hot Spot PP, and the Price List of Services contradict each other, the following order of priority shall apply:
| 16.5.1 the General Conditions O2 Hot Spot PP, | |
| 16.5.2 the Contract, | |
| 16.5.3 the Price List of Services. |
16.6 The Czech version of the General Conditions O2 Hot Spot PP shall be binding.
16.7 The effective General Conditions O2 Hot Spot PP are available at any O2 sales outlet, and O2 will hand out copies upon request.
16.8 These General Conditions WiFi PP shall expire at the moment when new General Conditions O2 Hot Spot PP for the provision of telecommunications services in the system RLAN Telefónica Czech Republic, a.s. come into effect.
16.9 These General Conditions O2 Hot Spot PP shall come into effect on 1.9.2003.



