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When it is possible to change energy suppliers without penalty

The most common case is that the customer wants to change suppliers because his delivery price has increased. At that time, this can be done without any penalties, at different times as the supplier informed the customer about the price change.

The supplier must notify the customer of the price change and has two options for doing so. Either the consumer can notify the consumer individually, for example by billing, post, e-mail or SMS, no later than 30 days before the price change. In that case, the customer may withdraw from the contract without penalty no later than the tenth day before the price increase.

The second option for suppliers is to post price changes at the supplier’s premises or on its website. In this case, the contract can be withdrawn without penalty within three months of the new prices coming into force.

The contract expires on the effective date of the increase. On this day, the consumer must already have arranged deliveries from another supplier.

Changing the regulated part will not allow this

It is important to distinguish which part of the price has changed. The customer can withdraw from the contract without any penalties if the conditions on the part of the supplier change, which can only affect the so-called unregulated part of the price. This accounts for about half of the price of electricity and an even larger share for gas.

In addition to the unregulated part, the regulated part is also included in the final price on the invoice. This consists of charges for the transmission and distribution of energy, the contribution to renewable resources and other services.

The amount of this part of the price is set once a year by the Energy Regulatory Office and is always valid the following year starting on the first of January. If only this regulated part of the electricity or gas price increases, the consumer cannot withdraw from the contract. The same applies to any tax changes.

Leaving without penalty even when moving

You can leave without penalty from January this year, even if the customer’s right to use the point of consumption expires, typically if the property where he took the energy is sold and moved.

“The consumer can now terminate the contract without penalty, with a notice period of fifteen days, which begins on the first day of the month following the month in which the notice was delivered,” Eduarda Hekšová, director of the dTest consumer organization, told Práva.

For example, if the notice arrived on May 11, the notice period will end on June 15. According to Hekšová, the new regulation should prevent the widespread practice where such a consumer is forced by the supplier to transfer the existing contract to a new user of the collection point, ie to the consumer who moves in after him, or to transfer the contract to his new collection point.

In the case of a contract concluded off-premises of the supplier or remotely, ie by doorstep selling, by telephone or the Internet, the consumer may terminate the contract without penalty at any time within the fifteenth day from the start of the electricity or gas supply. The notice period is 15 days and runs from the first day of the month following the month in which the notice was delivered.

Consumers have the right to terminate even before deliveries even begin. “For example, on May 1, 2022, they concluded a distance contract and on June 1, 2022, deliveries will begin according to the agreement. The consumer can then terminate the contract without penalty from 1 May to 15 June, ”Hekšová explained. The same conditions apply even if the intermediary concluded the contract on behalf of the consumer.

It is also possible to leave without penalty in the case of a fixed-term contract that is to be renewed. “A situation where the consumer has concluded a contract for a definite period, but wants to prevent its extension for another period, could also be taken as a resignation. As a rule, there is an agreement in such a contract or business conditions that after the agreed period, the contract is automatically extended by the same or longer period, unless the consumer lets the supplier know otherwise, “Hekšová pointed out.

In this situation, the consumer must inform the energy supplier at least 20 days before the end of the originally agreed period that he does not agree with the automatic renewal of the contract.

If the consumer wants to terminate the contract for a definite period, for example in the middle of the agreed period, he must prepare for the need to pay severance pay. According to Hekšová, its amount varies between four and 10,000 crowns and can be found in the contract or in the business conditions.

In the case of a contract for an indefinite period, there is no danger of such a consumer and termination in this type of relationship is not problematic, except for a long notice period, which can be up to three months.

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