+Article 21 Basic contractual rights for heating, cooling and domestic hot water
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Article 21 Basic contractual rights for heating, cooling and domestic hot water

1. Visão geral

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Título Regulamentação
Article 21 1.
Without prejudice to Union rules on consumer protection, in particular Directive 2011/83/EU of the European Parliament and of the Council ( 8 ) and Council Directive 93/13/EEC ( 9 ), Member States shall ensure that final customers and, where explicitly referred to, final users, are granted the rights provided for in paragraphs 2 to 9 of this Article.
Article 21 2.

Final customers shall have the right to a contract with their supplier that specifies:

(a) 

the identity, address and contact details of the supplier;

(b) 

the services provided and the service quality levels included;

(c) 

the types of maintenance service included in the contract without additional charges;

(d) 

the means by which up-to-date information on all applicable tariffs, maintenance charges and bundled products or services may be obtained;

(e) 

the duration of the contract, the conditions for renewal and termination of the contract and services, including products or services that are bundled with those services, and whether terminating the contract without charge is permitted;

(f) 

any compensation and the refund arrangements which apply if contracted service quality levels are not met, including inaccurate or delayed billing;

(g) 

the method of initiating an out-of-court dispute-settlement procedure in accordance with Article 22;

(h) 

information relating to consumer rights, including information on complaint handling and all of the information referred to in this paragraph, which is clearly communicated in the bill or on the enterprise’s website and includes the contact details or link to the website of the single points of contact referred to in Article 22(3), point (e);

(i) 

the contact details enabling the customer to identify relevant one-stop shops as referred to in Article 22(3), point (a).

Suppliers’ conditions shall be fair and shall be provided to final customers in advance. The information referred to in this paragraph shall be provided before the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, that information shall also be provided before the conclusion of the contract.

Final customers and final users shall be provided with a summary of the key contractual conditions, including prices and tariffs, in a comprehensible manner and in concise and simple language.

Final customers shall be provided with a copy of the contract and clear information, in a transparent manner, on applicable prices and tariffs and on standard terms and conditions in respect of access to and use of heating, cooling and domestic hot water services.

Member States shall decide who is to be responsible for providing the information referred to in this paragraph to final users without a direct or individual contract with a supplier, upon request, in an appropriate manner and free of charge.

Article 21 3.
Final customers shall be given adequate notice of any intention to modify contractual conditions. Suppliers shall notify their final customers, in a transparent and comprehensible manner, directly of any adjustment in the supply price and of the reasons and preconditions for the adjustment and its scope, at an appropriate time no later than two weeks, or no later than one month in the case of household customers, before the adjustment comes into effect. Final customers shall inform final users of the new conditions without delay.
Article 21 4.
Suppliers shall offer final customers a wide choice of payment methods. Such payment methods shall not unduly discriminate between customers. Any difference in charges related to payment methods or prepayment systems shall be objective, non-discriminatory and proportionate and shall not exceed the direct costs borne by the payee for the use of a specific payment method or a prepayment system, in accordance with Article 62 of Directive (EU) 2015/2366 of the European Parliament and of the Council ( 10 ).
Article 21 5.
Pursuant to paragraph 4, household customers who have access to prepayment systems shall not be placed at a disadvantage by the prepayment systems.
Article 21 6.
Final customers and, where applicable, final users shall be offered fair and transparent general terms and conditions, which shall be provided in plain and unambiguous language and shall not include non-contractual barriers to the exercise of customers’ rights, such as excessive contractual documentation. Final users shall be provided access to those general terms and conditions upon request. Final customers and final users shall be protected against unfair or misleading selling methods. Final customers with disabilities shall be provided all relevant information on their contract with their supplier in accessible formats.
Article 21 7.
Final customers and final users shall have the right to a good standard of service and complaint-handling by their suppliers. Suppliers shall handle complaints in a simple, fair and prompt manner.
Article 21 8.
Competent authorities shall ensure that the consumer protection measures laid down in this Directive are enforced. The competent authorities shall act independently from any market interests.
Article 21 9.
In the case of planned disconnection, the final customers concerned shall be provided with adequate information on alternative measures sufficiently in advance, no later than one month before the planned disconnection and at no extra cost.

1.1 Referências

1.2 Requisitos identificados

1.3 Normas relacionadas

2. Requisitos identificados

Requisitos
Fonte Requisito

3. Normas relacionadas

Normas
Fonte Requisito