(1) Unless otherwise provided, no derogation to the disadvantage of the end user is permitted from the provisions of this Part or of statutory instruments issued under this Part.
(2) Anyone who, within the framework of, or in connection with, a lease or tenancy agreement, makes available, agrees to provide, offers, or invoices the consumer for the cost of telecommunications services within the framework of, or in connection with, a lease or tenancy agreement, must ensure that the provisions of this Part are complied with vis-à-vis the consumer. This duty to ensure compliance applies only where the services are neither number-independent interpersonal telecommunications services nor transmission services used for the provision of machine-to-machine communication services. Consumers may, correspondingly to section 56(3), declare to their landlord or lessor the termination of their use of telecommunications services within the framework of the lease or tenancy, where the lease or tenancy has already existed for 24 months or longer.
(3) Section 52(1) to (3), section 54(1) and (4), sections 55, 56(1), sections 58, 60, 61, 66, and 71(2) also apply to micro-enterprises or small enterprises and to non-profit organisations, unless they have expressly agreed to waive the application of these provisions.
(4) With the exception of sections 51, 68, 69, and 70, the provisions of this Part do not apply to micro-enterprises where they provide only number-independent interpersonal telecommunications services. Micro-enterprises under the first sentence must inform end users, before conclusion of the contract, that sections 52 to 67 do not apply to the contract.
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Part 3 · Customer Protection › Section 71
Derogating agreements and scope of application of customer protection
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