Conclusion of contract and contract summary

(1) Before a consumer makes a contractual declaration, the provider of publicly available telecommunications services other than transmission services used for the provision of machine-to-machine communication services must give the consumer the information set out in Article 246 or Article 246a, section 1, of the Introductory Act to the Civil Code and the information set out in section 55, insofar as it concerns a service to be provided by that provider.
(2) The information under subsection (1) is to be made available to the consumer in a clear and comprehensible manner and on a durable medium. Where it is not possible to provide it on a durable medium, it is to be given in an easily downloadable document made available by the provider. The information is to be made available, on request, in a format accessible to end users with disabilities. The provider must expressly draw the consumer's attention to the availability of the information provided, and to the fact that the consumer can have the information available for the purposes of documentation, future reference, and unaltered reproduction only by downloading it.
(3) Before a consumer makes a contractual declaration, the provider makes available to the consumer, free of charge, a clear and easily readable contract summary using the template in Commission Implementing Regulation (EU) 2019/2243 of 17 December 2019 laying down a template for the contract summary to be used by providers of publicly available electronic communications services pursuant to Directive (EU) 2018/1972 of the European Parliament and of the Council (OJ L 336, 30.12.2019, p. 274). The contract summary must set out the main elements of the information requirements and comprise at least the following information: 1. the name, address, and contact particulars of the provider, and contact particulars for complaints, where these differ from the former; 2. the essential characteristics of each service to be provided; 3. the respective prices for activating the telecommunications services and all recurring or consumption-dependent charges, where the services are provided for direct monetary payment; 4. the term of the contract and the conditions for its renewal and termination; 5. the usability of the products and services for end users with disabilities; and 6. with regard to internet access services, also a summary of the information required under Article 4(1)(d) and (e) of Regulation (EU) 2015/2120. Where it is not possible, for objective technical reasons, to make the contract summary available before the consumer makes the contractual declaration, it must be made available to the consumer without delay after conclusion of the contract. The effectiveness of the contract depends on the consumer approving the contract in textual form after receiving the contract summary. Where the consumer does not approve the contract, the provider has no claim to compensation for the value of the telecommunications service provided to the consumer in anticipation of approval.
(4) The information referred to in subsections (1) and (3) becomes part of the contract, unless the contracting parties have expressly agreed otherwise.