Complaints procedure

Complaints procedure of Wellness Hotel Svornost

1. Subject

1.1. The Complaints Procedure regulates the way the customer claims, arising from liability for defects in the accommodation provider services provided (claims) incl. conditions of the breach of contract during the travel/accommodation and their settlement in compliance with law No. 89/2012 Coll., the Civil Code and the Act no. 634/1992 Coll., of the consumer protection, in full wording.
1.2. The complaints procedure applies to services provided by travel accommodation provider, with the exception of claims arising of transport on the basis of Czech and foreign transport of valuables, whose application and handling are regulated by the applicable tariff and transport regulations of transport companies.

2. Filing a claim

2.1. Customer applies his rights due to liability for defects in the services provided by the accommodation provider on the premises of the travel agency/accommodation provider at the head office or at the intermediary travel agency, where he purchased the claimed services, or where the service was provided by the guide, the delegate or another authorized representative.
2.2. For all rights due to liability for defects in purchased complementary goods customer applies at the accommodation provider's premises. e.g. the accommodation provider premises, where the claimed goods were purchased, possibly the accommodation provider head office.
2.3. The customer is obligated to file a complaint in a timely manner without undue delay. Filing a complaint promptly will allow the removal of defects immediately, whereas with hindsight conclusiveness and objectiveness of the assessment becomes difficult and therefore the opportunity for proper settlement of the claim. Complaints may be filed in any form, stating the date, subject of the complaint and what method of claim handling the customer requests.
2.4. If the customer by own fault fails to claim the rights from liability for defects in the services provided under the travel contract, i.e. the stated, offered and sold series of travel services at an inclusive price, without undue delay, but not later than one month from the end of the travel, the accommodation provider will dismiss the discount. 2.5. Rights from liability for defects of accommodation should be applied without undue delay, but not later than 6 months. The rights from liability for complementary goods sold expire, unless claimed within 24 months of the acceptance.
2.6. The customer needs to is in the application of the complaint shall state the name, address, the subject of the claim, give reasons and possibly also the subject of complaints and give evidence; it is recommended to provide a proof of service, e.g. a copy of the order, invoice, payment receipt, etc., to simplify the handling of complaint.

3. Complaint Handling

3.1. If the customer applies his right from liability for defects in services, which are provided or which have already been provided, a representative of the accommodation provider, manager of agencies providing the services in question shall, after necessary examination of the facts and law to decide on the complaint immediately, in complicated cases within three working days. This period does not include the time required for defect assessment. Claims must be processed without undue delay, within 30 days of the customer complaint, unless longer period agreed.
3.2. In case of oral claim (e.g. the place where the services is provided) the representative of the accommodation provider, delegate, or another accommodation provider's authorised representative is obliged to write a customer complaint protocol, respectively. confirmation of the complaint receipt. The protocol shall state, the date of customer complaint, customer's personal data, the subject of the claim (subject of the complaint), what method of claim handling the customer requests; and the date and method of claim handling. If the customer gives written documents related to the complaint to travel guide or facility manager or other the accommodation provider authorized representative, that fact must be stated in the protocol explicitly. Protocol, respectively. confirmation of complaint receipt is signed by the travel guide or the facility manager another accommodation provider authorized person. The customer receives a copy of this document and his signature confirms agreement with its content and delivery.
3.3. In the case of written complaints filing applies the content adequately provided for in paragraph 3.2.

4. Customer cooperation in complaint handling

4.1. The customer is obligated to provide the necessary assistance to the settlement of a claim, in particular, to provide information, submit documents proving the facts, to specify their requirements in terms of reason and amount, etc. If required by the nature of claim, the customer must provide the travel guide or other authorized representatives as well as representatives of service suppliers’ access to accommodation, etc., so they could assess justifiability of the complaint.
4.2. In cases the customer uses the service without the presence of the accommodation provider representative and the service is defective, the customer must also ensure proper enforcement of claims against service providers in The Czech Republic or abroad.

5. Methods of settling the claim

5.1. In cases where the claim is assessed as fully or partly justified, defects will be removed, or where possible replacement service or goods exchange will be provided. Otherwise, the accommodation provider will provide a reasonable discount from the service price.
5.2. In cases where the claim is deemed unfounded, the customer is informed in writing of the reasons for rejecting the claim.
5.3. In case of circumstances which action or results are not related to the accommodation provider/travel agency activities (see major) or any circumstances that don't allow the customer to fully use ordered and paid for services secured by the accommodation provider the customer is not entitled to reimbursement or reduction of the price of these services.

6. Other provisions

Further on the provisions of generally binding legislation, particularly the Civil Code and the Consumer Protection Act, in full wording.
In the event of a dispute, the customer has the right to a court settlement of consumer disputes; materially competent entity, out of court settlement of consumer disputes, the Czech Trade Inspection,

7. Closing Provisions

Harrachov, date 1. 4. 2023

Ing. Marek Šustr v. r.


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