Fault repair

(1) A consumer may require a provider of a publicly available telecommunications service to remedy a fault without delay and free of charge, unless the consumer is responsible for the fault. The first sentence does not apply to number-independent interpersonal telecommunications services or to the provision of transmission services for machine-to-machine communication services. The consumer has a duty to cooperate in fault repair.
(2) The provider must document, without delay, receipt of a fault report and the agreement of customer service and installation appointments, in each case vis-à-vis the consumer. Where the provider cannot remedy the fault within one calendar day of receipt of the fault report, it must inform the consumer, at the latest within the following day, what measures it has initiated and when the fault is expected to be remedied.
(3) Where the fault is not remedied within two calendar days of receipt of the fault report, the consumer may, from the following day, claim compensation for each day of complete failure of the service, unless the consumer is responsible for the fault or its continuation, or the complete interruption of the service is due to measures prescribed by law under this Act, under Regulation (EU) 2015/2120, orders of the security authorities, or force majeure. The amount of compensation is EUR 5, or 10 per cent, on the third and fourth day, and EUR 10, or 20 per cent, from the fifth day, of the contractually agreed monthly charge in the case of contracts with a constant monthly charge, whichever amount is higher. Insofar as the consumer claims a reduction under section 57(4) on account of the fault, that reduction is to be set off against compensation payable under this subsection. The consumer's right to claim damages beyond the compensation under this subsection remains unaffected. The compensation is to be set off against such damages; such damages are to be set off against the compensation.
(4) Where an agreed customer service or installation appointment is missed by the provider, the consumer may claim compensation of EUR 10, or 20 per cent, of the contractually agreed monthly charge in the case of contracts with a constant monthly charge, whichever amount is higher, for each missed appointment, unless the consumer is responsible for the appointment being missed. Subsection (3), fourth and fifth sentences, applies correspondingly.
(5) The Federal Network Agency may regulate further details of fault repair by determination. In doing so, it may, in particular, also set further time limits, documentation and information requirements as to the commencement and course of the fault repair procedure, and requirements as to the agreement and documentation of customer service and installation appointments.