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Legal advice

Identification – a necessary safeguard for the subscriber

Why do you have to prove your identity every time you make any contract with EuroTel Praha? We asked Mr Petr Příhoda, the company’s lawyer.

Under its Terms of Business, EuroTel Praha, spol. s r.o. ("EuroTel") provides subscribers with the basic and optional telecommunications services of the NMT EuroTel and/or GSM EuroTel network, both according to relevant internationally recognised standards. It does so withinin the territory of the Czech Republic and in other countries through other operators.in the areas covered by the appropriate radio signal.

EuroTel currently provides telecommunications services to over 600,000 subscribers. Every subscriber has signed a Contract concerning the Provision of Telecommunications Services with EuroTel. The Terms of Business, which define the rights and obligations of both contractual parties, form an integral part of this Contract. Subscribers wanting to use EuroTel's services fill in an "Application for Provision of Telecommunications Services of the EuroTel Public Radiotelephone Network" form in any EuroTel outlet or at an authorized dealership and must present documents necessary for their identification upon request. These documents are an ID card, passport, driver´s licence, or birth certificate; businessmen must also present their trade licence, an extract from the company´s registry, and power of attorney where applicable. EuroTel gives the subscriber written confirmation of their receipt of the Application. Applications are usually approved by EuroTel within a few minutes, but it can také a maximum of 5 working days from the submission of the Application unless the subscriber has a different agreement with EuroTel. Upon approval, the Application becomes a properly concluded "Contract on the Provision of Telecommunications Services of the EuroTel Public Radiotelephone Network".
Because the Contract establishes a long-term contractual relation, it is essential that the subscriber is correctly identified. The documents presented must make it absolutely clear that the person who submitted the Application (the subscriber or the subscriber's representative) is entitled to act in the name of and on account of the subscriber. Obviously, this person must be fit to perform acts according to law. LEGAL ADVICE
By demanding to see identification documents, or where applicable, the documents of a company (extract from the companies register, trade licence, licence deed), EuroTel is not just protecting itself, but the subscriber as well. Correctly performed identification prevents unauthorized entities making a Contract, which in turn prevents unwanted commitments, for example, if the person presenting the Application is insufficiently authorized to act on behalf of his employer etc. It goes without saying that by insisting on proper identification, EuroTel is preventing the telecommunications services from being abused, especially in a fraudulent manner.

Because each Contract on the Provision of Telecommunications Services is unique, identification must take place each time that such a Contract is entered into, even if the contractual partner has already signed several Contracts on the Provision of Telecommunications Services with EuroTel. This is because it could happen that a person who was authorised to conclude the prior Contracts is no longer authorized to do so, or that a new person is charged with concluding new Contracts, so thorough identification is again necessary.
Besides, every businessman who makes contracts with other business entities must surely place great importance on being completely certain who his contractual partner is and if the person signing the contract is authorised to do so on behalf of a company.

For this reason, EuroTel appreciates the patience and understanding displayed by subscribers during the identification process when concluding each individual Contract.

 









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