Who is liable for what when laying fiber optic cable? What rights does the consumer have?

Questioner

In October 2018, we entered the project of installing fiber optic outside area. This would only cost us to enter into a subscription with a provider and fixed fee compensation. We then registered for 2 cables (personal and business) In April 2019, our farm burned down completely. This was recorded in an inspection report during the inspection in October 2019. This inspection report states that there is no home and that the fiber optic cable can be delivered on a roll to our property. Further in the report, we agreed that the cable would be installed free of charge. Between March 2020 and June 2020, 1 fiber optic cable was laid and delivered on a roll. The 2nd was never laid by the contractor on our property. After the cable was laid, the network manager in question kept calling us to connect in the meter cupboard. We explained 5 times that we did not yet have a house to connect to and that we would contact them if this was possible, mid-2021. They then indicated that the connection costs in the meter cupboard would then be for our own account. We agreed to this by telephone. Now the time has finally come that the reconstruction is almost finished and we have contacted them to say that the fibre optic cable is ready in the meter cupboard. They indicate that we did not want to connect last year despite various actions from them. (How should we have connected on a vacant piece of land?) We wanted and still want to be connected, but they now want us to pay all the costs of the installation, €1200 excl. VAT instead of approx. €500 only connection costs. The reason they give is because we have 2 cables on a roll and have only used 1 of them. While that 2nd cable has never been installed. In addition, they want to hold us liable if there are any defects outside the home and/or the public road to the station house when measuring the cable. They then want to charge us for the costs of any repairs. While in our view, this is not our responsibility, but the contractor who did not take good care of the installation. We are very surprised about the way things are going and we also find it incomprehensible and unfair. After this long story, we would like to know what our rights are as consumers. Who is liable for what and/or can be held liable? Is that inspection report and the agreements contained therein still valid? Is it also true for fibre optic (like other utilities) that the consumer is only liable for defects from the point where the cable enters the house? And if there are defects outside the house and these are not caused by the consumer, is the supplier liable? We would like to hear from you and if possible what we could do to the network administrator. Yours sincerely

Lawyer

You say the contractor did something wrong: is that your contractor, I assume the network manager? Furthermore, it seems to me a case of force majeure, leading to the fact that what you are actually accused of cannot be blamed on you or not in its entirety. I think the story is too complicated and needs to be investigated, especially the applicable conditions and special agreements.