A complaint claim procedure of the accommodation portal www.pensiopraga.at
- This claim regulation shows the procedure when asserting claim regarding purchased products or services provided by accommodation portal www.pensionpraga.at.
- This claim procedure was issued to insure accountability for faulty merchandise or services by the provider/operator.
- This claim regulation becomes binding to the client in an instant when the client enters into a legal affiliation with the provider, which means, from the time when any kind of legal act was conducted between the two parties.
Basic conditions of the claim
- The client is obliged to thoroughly check the merchandise and become familiar what is included in offered services after the risk of damage, the latest. The nature of the product or the service will be taken in account.
- The accommodation or product provider gives a 24 months warranty, unless there is a specific legislation or an agreement between the involved parties which states otherwise.If the product was used the operator of the premises/provider and the client may agree on shorter liability period, but not shorter than 12 months.
- The warranty starts from the date of receiving the merchandise or service by the client.
- The operator must provide the consumer with a proof of purchase (invoice / cash register receipt).
- If in the time of warranty the product or the service provided appears faulty, the client has the right to a file a complaint.
- The provider/operator holds responsibility for defective items or services after receiving them by the client.
Place and method of filing a complaint
- If the client finds serious deficiencies on product(s) or service(s), he is obliged to report them to the provider who should remove/repair such deficiencies.
- For the purpose of complaint claim procedure, the headquarters are on the following address: Frenštátská 333, 75661 Rožnov pod Radhoštěm, Czech Republic. However, the complaint claim can be filed at the reception desk of the operator of the Pension Praga at Mittersiller Budesstrase 50, 5721 Piesendorf, Republic of Austria.
- Purchase of the client is rendered by the proof of purchase, a cash register receipt or an invoice otherwise a complaint claim cannot be filed for certain product or service.
- If it is not possible to process the complaint claim without a delay and get a substitution for the product or service, the operator of premises will draw up a complaint protocol with designated entities and the subject of complaint.
- The operator of premises is obliged to issue a certificate of the complaint claim to the client.
- The certificate for the purposes of the complaint claim procedure is a document with information about filing the complaint and being processed, details about the claim and further procedures.
- The operator is obliged to issue a certificate about processing the claim within 30 days from the day of applying.
- During working hours, there must be personnel present at the reception desk in charge of handling complaints.
- The operator of the premises or the authorized employee is obliged to settle the claim immediately, in complicated cases within 3 working days. This time frame does not include time required for expert assessment of the claim. To process the claim should not take longer than 30 days. After this period, the client/consumer has the same rights as if it was a defect beyond repair. If the claim is not recognized within 3 days, the operator must send the faulty product at his own expense for the expert assessment.
- After processing a complaint, the operator creates a complaint claim report and then contacts the client/consumer by phone or e-mail.
- The operator of pension premises must keep records of complaint claims and be ready to submit it at the request of Department of Supervision to check. The records should include information like the date of issuing the claim and the method and the date of resolving/settling the claim.
Deadline for implementing a complaint claim
- Claims for defective merchandise must be filed within the warranty period, otherwise is not valid.
- The client must exercise the right from liability for defective merchandise without undue delay right after detecting it. The latest, until expiration of the statutory warranty period.
- Possible use of the faulty merchandise can cause deepening of the defect or deterioration of the product, therefore it may be rejected for the claim.
- If the matter is settled by repairing faulty merchandise, the warranty on the repaired part extends according to the statutory warranty period.
- If the complaint claim is resolved by exchanging faulty product for a new one, the statutory warranty period starts from the time client receives the new product.
- Repairs which are fixable are those that do not change the function, the looks, and quality of the product and it is fully functioned.
- If the defect is repairable, it should be done professionally, free of charge and finished in timely manner. The operator shall take care of it without undue delay.
- The operator/supplier can always exchange faulty merchandise for brand new if it doesn’t cause the client serious problems.
Defects which cannot be repaired
- Irreparable defect is that which prevents product from being used, which cannot be repaired from the technical point of view, the repair is purposeless, or the same defect occurs again 2 more times.
- If the defect cannot be fixed and the client cannot use purchased product for which was intended, the client has the right to exchange it or he can withdraw from the contract.
- If the nature of irreparable defect does not obstructs the proper use of the product (such as aesthetics), the client is entitled to a reasonable discount on the purchase price of the product. Taking in account the nature of defect, the degree and manner of wear and tear, the time length of its previous use and possibilities of its further use.
Common assessments for the Articles V. and VI.
- As soon as the client uses any of his rights on liability for faulty merchandise, it means that he chose to apply one of the possible rights, by his own free will he is bound by this declaration and he cannot arbitrarily change this choice, unless otherwise agreed with the operator.
In Vranov nad Topľou on the 17th of June, 2015.