Complaints procedure of the service provider IMPOZANT, s.r.o., Záborského 2, 036 45 Martin, ID No.: 44 511 612, operation Hotel IMPOZANT, Snowland Valčianska dolina, 038 35 Valča, drawn up in accordance with the provisions of Section 619 to Section 627 of the Civil Code as amended, Section 411 to Section 441 of the Commercial Code as amended and Section 18 of Act No. 250/2007 Coll. on Consumer Protection as amended.
- This Complaints Procedure (hereinafter referred to as the “Complaints Procedure” or “CP”) is drawn up in accordance with Act No. 40/1964 Coll. of the Civil Code as amended (hereinafter referred to as the “Civil Code”), 250/2007 Coll. on Consumer Protection and on Amendments to the Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended, Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Premises and on Amendments and Supplements to Certain Acts, as amended, and Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended (hereinafter referred to as the “Dispute Resolution Act”), as well as Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”).
- Complaints of Guests – legal persons who are not in the position of a consumer are governed by Act No. 513/1991 Coll. of the Commercial Code as amended (hereinafter referred to as the “Commercial Code”).
- The CP regulates the procedure for claiming goods sold and/or services provided by the operator of Hotel IMPOZANT, which is the company IMPOZANT, s.r.o., Záborského 2, 036 45 Martin, ID No.: 44 511 612, company registered in the Commercial Register of the District Court of Žilina, Sec: S.r.o. File No. 50509/L, (hereinafter referred to as “Provider”) in the accommodation facility Hotel IMPOZANT, Snowland Valčianska dolina, 038 35 Valča (hereinafter referred to as the “Hotel”) to the Guest of the Hotel (hereinafter referred to as the “Guest”).
- By accepting the goods and/or services of the Provider, sending a binding reservation to the Guest and/or concluding a contract with the Provider, the Guest agrees to the CP and confirms that he/she has been informed of its contents.
- For the purposes of the CP, a claim is an assertion of liability for defects in a product or service provided.
Rights of the Guest – Consumer
- In particular, the Guest-consumer has the right to products and services of normal quality, to make a claim, compensation for damages, education, information, protection of their health, safety and economic interests and to submit complaints and complaints to the supervisory and control authorities and the municipality in case of violation of the consumer’s rights granted by law.
- The Guest-consumer has the right to protection against unfair terms in consumer contracts.
- The Guest may seek protection of his/her right against the infringer in court. Every consumer has the right to turn to an alternative dispute resolution entity to protect his/her consumer rights under the terms of the Dispute Resolution Act, without prejudice to the possibility of turning to court.
- Further terms and conditions of alternative dispute resolution, including the subject of alternative dispute resolution in the relationship with the Provider, are set out in Article VII of the CP.
Liability for Defects
- The Provider shall be liable for defects that the sold item has upon receipt by the Guest and/or that the provided service has upon its provision to the Guest.
- For used items, the Provider is not liable for defects caused by their use or wear and tear.
- For items sold and/or services provided at a lower price, the Provider shall not be liable for the defect(s) for which the lower price was agreed.
- Unless they are perishable or used items, the Provider shall be liable for defects in the item that occur after receipt of the item within the warranty period (warranty).
- Provisions on the warranty period and its expiration are governed by the relevant provisions of the Civil Code or the Commercial Code, depending on the nature of the Guest, unless otherwise specified in this CP.
- A defect cannot be considered to be a change to the goods that has occurred during the warranty period as a result of wear and tear or improper use or improper intervention.
- The Guest is obliged to inspect the goods upon receipt and/or the service upon provision and to claim obvious defects without delay.
- Obvious defects are considered to be defects detectable upon the acceptance of the goods or services, in particular:
- a discrepancy in quantity and assortment,
- deterioration of the goods (deformed packaging, damaged packaging, etc.); and
- poorly provided service.
- The Guest is obliged to immediately notify the responsible employee of the Provider of the obvious defects found, who will perform the correction according to the conditions set out in Article V and/or Article VI of the CP.
- The Provider is not liable for defects if:
- they are defects of which the Guest knew about or, taking into account the circumstances under which the contract was concluded, should have known at the time of entering into the contractual relationship with the Provider, only that the defects relate to a characteristic of the goods or service provided that the service or goods should have had or should have had according to the contract,
- The Guest caused the defect in the goods or services provided,
- The Guest knew about the defect of the goods or services before taking delivery of the goods or services, or was explicitly and clearly warned of the defect or defective service, and if a discount has been granted on the price of the goods or services due to the defect or defective service,
- they were incurred during the warranty period as a result of wear and tear caused by normal use, misuse or excessive use,
- the protective seals on the goods were broken,
- they have been caused by the tampering of an unauthorized person with the goods, their components or by tampering by an unauthorized person with the service provided,
- the goods are claimed after the expiry of the warranty period or any other period within which the goods are to retain their specific characteristics,
- they were caused by a natural disaster,
- they have been caused (intentionally or unintentionally) by improper or excessive use of the goods, improper care, improper servicing, improper use of attachments other than those prescribed by the manufacturer,
- they were incurred on the goods at the end of their useful life.
Making a Claim
- If the Guest discovers reasons and facts that may be the subject of a complaint, he/she is obliged to file any complaint immediately without undue delay with the responsible employee of the Provider according to Point 8 of this article of the CP. In order to ensure a quick processing of the claim, it is necessary for the Guest to submit documents of the sale of goods and/or provision of services (cash register receipt, copy of the order, invoice, contract, etc.), if such document is available to the Guest.
- When making a claim, the Guest shall fill in a claim report, in which he/she shall specify the defect of the goods or services provided. The Guest is obliged to indicate in the complaint report the contact details to which he will be sent notification of the manner and handling of the complaint, unless the complaint is handled immediately after its application by the Guest. The Operator is not responsible for the fact that the Guest has provided incorrect contact details in the complaint report.
- If the nature of the claimed goods or services requires it, the Guest must also present the item whose defect is claimed when making a claim. The Provider is obliged, after careful examination, to determine the manner of handling the complaint immediately, in complex cases no later than 3 working days from the date of the complaint, in justified cases, in particular if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of the complaint.
- Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint shall not take longer than 30 days from the date of the complaint.
- If the receipt of the subject of the complaint by the Operator occurs on a day later than the day of the complaint, the time limits for the processing of the complaint under this Article of the CP shall begin to run from the date of receipt of the subject of the complaint by the Operator; however, at the latest from the moment when the Operator prevents or prevents the receipt of the subject of the complaint. After the expiry of the period for processing the complaint, the Guest-consumer has the right to withdraw from the contract or has the right to exchange the product for a new product or provide a new service.
- The Guest is obliged to provide the necessary assistance for the processing of the complaint, in particular to provide information regarding the goods and/or services complained about.
- If the nature of the complaint requires it, the Guest shall allow the Provider’s responsible employee access to the area provided for accommodation so that the Provider can ascertain the validity of the complaint.
- Complaints are made by the Guest directly at the Hotel, as follows:
- in the case of defects in the catering service, with the service staff or the operations manager,
- for defects in the accommodation services with the receptionist or the operations manager,
- for service defects in the relaxation zone and leisure activities with the receptionist or the operations manager,
- in case of defects related to the organization of events with the receptionist or the operations manager; and
- other defects with the receptionist or operations manager.
- The Guest is also entitled to file a claim with a third party, provided that such a claim results from the warranty or has been expressly agreed between the Provider and the Guest.
- If there is a defect in the goods or services that can be removed, the Guest has the right to have such defect removed free of charge, in a timely and proper manner and the Provider is obliged to remove the defect without undue delay. Instead of removing the defect, the Guest may request the replacement of the item or, if the defect concerns only a part of the item, the replacement of the part, if this does not incur disproportionate costs for the Provider in relation to the price of the goods or the severity of the defect. The Provider may always replace the defective item with a faultless one instead of removing the defect, provided that it does not incur disproportionate costs in doing so.
- In the field of catering services, if the correct quality, weight, temperature, measure, price of food and/or beverages is not observed, the Guest has the right to request the free, proper and timely correction of the error. In these cases, the Guest shall make a claim before or after the first taste of the food and beverages (i.e. that a substantial part of the food or beverage portion should not be consumed), depending on which defect the Guest is claiming.
- In the area of accommodation services, the Guest has the right to free, proper and timely elimination of shortcomings of accommodation services, which shall be immediately reported to the responsible employee of the Provider pursuant to Article IV, Par. 8, (b) of the CP. This means that the Guest has, for example, the right to replace or supplement minor equipment in the room, remove faults and non-functioning equipment in the room, etc.
- In the area of the relax zone and leisure activities, the Guest has the right to free, proper and timely removal of deficiencies, which he immediately reports to the responsible employee of the Provider according to Article IV, Par. 8(c) of the CP.
- In the area of event organization, the Guest has the right to free, proper and timely elimination of deficiencies, which shall be immediately reported to the responsible employee of the Provider pursuant to Article IV, Par. 8(d) of the CP. The Guest also has the right to provide alternative premises for the event, if due to a defect it is not possible to organize the event in the original premises and if the capacity of the Hotel allows it.
- If there is a defect in the goods or services that cannot be eliminated and that prevents the item from being properly used as an item without defect, the Guest has the right to exchange the item, exchange the service provided or has the right to withdraw from the contractual relationship with the Provider. These rights belong to the Guest even if the defects are remediable, but the Guest cannot use the item or service properly due to the recurrence of the defect after its removal or due to a greater number of defects. If there are other irremediable defects, the Guest is entitled to a reasonable discount on the price of the item.
- In the event that it is not possible to rectify a catering defect in the food and beverages, the Guest has the right to a complete replacement of the food or beverage or to a refund of the price paid for the food and/or beverages.
- In the event of defects in accommodation services, if it is not possible to eliminate technical defects in the hotel room (e.g. failure of the heating system, poor hot water supply or other technical defect in the room that cannot be quickly eliminated ), and if the Provider cannot provide the Guest with other alternative accommodation or move the Guest to another room and the room will be rented to the Guest despite these shortcomings, the Guest has the right to a reasonable discount on the price of accommodation, cancellation of the confirmed reservation of accommodation or the contract, which is the subject of the provision of the accommodation and a refund of the money.
- In the event that a unilateral decision of the Provider results in a significant change in the Guest’s accommodation compared to the booked and confirmed accommodation and the Guest does not agree to alternative accommodation, the Guest has the right to cancel the confirmed accommodation booking or the contract, the subject of which is the provision of accommodation and refund the money. The Guest shall not be entitled to reimbursement of any costs and/or claims from the Provider in connection with such action by the Provider and cancellation of the accommodation reservation or contract by the Guest.
- In the event that it is not possible to eliminate the defect in the service in the relaxation zone or leisure activities, which the Guest claims, the Guest has the right to a reasonable discount on the service provided or a refund. If the Guest uses the service provided and claims the service after it has been fully exhausted, the claim will not be recognized.
- In the event of defects associated with the organization of events, which cannot be removed, the Guest has the right to a reasonable discount on the service provided, or the right to a refund. In case the Guest uses the provided service and claims the organized event after its end, the claim will not be recognized.
Alternative Dispute Resolution
- The resolution of complaints of Guests in relation to goods and services provided by the Hotel is regulated by the Complaints Procedure of the Hotel. If a Customer who is a consumer is not satisfied with the manner in which the Seller has handled his/her complaint or if he/she believes the Seller has breached his/her rights, he/she has the option to contact the Seller for repair.
- If the Hotel responds to the Guest’s request under the previous sentence in a negative manner or fails to respond to such request within 30 (thirty) days from the date of its dispatch by the Guest, the Guest shall have the right to submit a proposal for the initiation of alternative dispute resolution to the alternative dispute resolution entity pursuant to Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended.
- The competent entity for alternative dispute resolution of consumer disputes with the Hotel as a seller is:
- Slovak Trade Inspection Authority, which can be contacted for the above purpose at the Central Inspectorate of STI, Department of International Relations and ADR, Bajkalská 21/A, p. p. 29, 827 99 Bratislava, or electronically at email@example.com, or firstname.lastname@example.org, or
- another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list of authorized entities is available at https://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), while the Guest has the right to choose which of the above alternative dispute resolution entities to turn to.
- The Guest can also use the online platform for alternative dispute resolution to submit a proposal for alternative resolution of his/her consumer dispute, which is available at https://ec.europa.eu/consumers/odr/index_en.html.
- For more information on alternative dispute resolution, please visit the Slovak Trade Inspection website: https://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi.
- This CP shall enter into force and effect on 10.03.2021, and upon the entry into force and effect of this CP, all previous CPs shall cease to be valid and effective.
- The provisions of the CP in force at the time of the Guest’s claim shall apply to claims made prior to the entry into force of this CP.
- The supervisory authority is the Slovak Trade Inspection (STI), STI Inspectorate for Žilina Region, Predmestská 71, P. O. BOX B-89, 011 79 Žilina.
In Martin on 10 June 2021
Ing. Jozef Kubinec