Customer complaints policy
This customer complaints policy applicable to establishments operated by the AQUATHERMAL SENEC, a.s., company (hereinafter only as Service provider”) have been prepared in compliance with Act No. 250/2007 on consumer protection as amended and Act No. 40/1964, the Civil Code, as amended.
I. Basic provisions
1. The customer complaints policy governs customers’ claims arising from the liability of the Service Provider for deficiencies and defects in the services provided, and the resolution of complaints.
2. The customer has a right to submit a complaint if the services have been provided in a lesser scope or lower quality than as agreed in advance or as deemed customary.
II. Filing complaints
1. If the customer learns of reasons and circumstances that may give rise to a complaint, they are entitled to file a complaint at the Service Provider’s reception desk without undue delay. Where the complaint is submitted verbally in the place of service and the complaint is not resolved in full immediately, a competent employee of the Service Provider is required to fill in a complaint protocol with the customer, and/or a complaint receipt confirmation.
2. When submitting the complaint, the customer must present documents confirming the payment for the services. The competent employee records the customer’s complaint in a complaint protocol, specifying objective circumstances of the complaint.
3. An on-the-spot submission of the complaint allows for removing the deficiencies and defects immediately. A complaint filed at later time makes it more difficult to objectively assess the reasons and evidence substantiating the complaint, hence its proper resolution as well.
4. When filing the complaint, the customer must specify its subject - matter and provide the necessary evidence.
5. Any documents and information concerning the complaint presented by the customer to the competent employee shall be recorded in the complaint protocol.
6. The complaint protocol and/or the complaint receipt confirmation must be signed by the competent employee. The customer will receive the complaint receipt confirmation and confirm the receipt of, and his/her consent with, the content of the complaint.
7. The complaint shall be resolved immediately or, in justified cases, within three days. If it is not possible, especially where the assessment of the quality of the provided service requires a complicated technical examination, the customer shall be notified of the deadline for the resolution of his/her complaint not later than within 30 days of the date when the complaint was filed.
III. Reasons for rejecting complaints
1. The customer is required to file the complaint immediately, without undue delay, otherwise his/her right to complaint will cease.
2. The provision of the service in a lesser scope caused by the customers themselves or by other customers is not considered a defective service.
3. A service is not defective if its proper provision has been negatively affected by a force majeure event, such as flood, snow calamity, windstorm, hailstorm, damage caused by lightning, disruption in electricity supply, threat of a bomb or terrorist attack, civil war. The complaint will be rejected in all of the aforementioned cases.
IV. Complaint resolution - claims under justified complaint
1. Where the customer seeks his/her right under the liability for a defective service that is or has been provided, the Service Provider or its authorised representative shall decide about the complaint following a proper examination of all facts and legal circumstances.
2. The competent persons authorised by the Service Provider may resolve the complaint on the spot, to the extent and up to the amount of the paid admission fee, or by providing an alternative performance in the same amount.
3. When examining whether the complaint filed by the customer is justified, the competent employee must make an official record of the complaint resolution.
4. The complaint shall be resolved in the aforementioned scope in a manner specified in Section II, paragraph 7.
V. Customer’s cooperation in complaint resolution
1. The customer shall provide the necessary cooperation in order to resolve the complaint, especially to provide information, present documents
evidencing the facts of the case, give reasons for the claim, specify the financial amount sought, etc.
2. Where required due to the nature of the complaint, the customer must allow the complaint-handling officer or another authorised representative
to verify the eligibility of his/her complaint.
VI. Method of complaint resolution
1. Where the complaint is assessed as justified, in full or in part, the complaint is resolved through a free-of-charge removal of the deficiency/ defect, or through the provision of a substitute service, or, after a mutual agreement, through the provision of a reasonable price discount
2. Where the complaint is assessed as unjustified, the customer is notified of the reasons for the rejection of his/her complaint in writing.
VII. Alternative dispute resolution
1. In the case of a dispute between the customer and the seller, the customer may seek an alternative dispute resolution pursuant to Act No. 391/2015 on alternative consumer dispute resolution and on amendments to certain acts.
2. The customer has a right to ask the seller for redress if he/she is not satisfied with the way the seller has resolved his/her complain or if he/she believes that the seller has violated his/her rights.
3. The customer has a right to file a proposal to initiate an alternative dispute resolution (hereinafter only as “proposal”) with an alternative dispute resolution body, if the seller has rejected his/her request referred to in paragraph 1 above, or if the seller has failed to respond to that request within 30 days of its submission.
4. The list of alternative dispute resolution bodies is available on the website of the Ministry of Economy of the Slovak Republic at www.mhsr.sk.
5. The proposal must be accompanied by documents concerning the subjectmatter of the dispute, evidencing the facts presented in the proposal.
6. The proposal may be submitted in writing, electronic form or orally. The proposal may be submitted by completing a form available in the registered office of the Service Provider, on the website of the Ministry of Economy of the Slovak Republic, and on the website of every alternative dispute resolution body.
7. For more information about alternative dispute resolutions, please visit the website of the Slovak Trade Inspection (Slovenská obchodná inšpekcia) at http://www.soi.sk/sk/Alternativneriesenie- spotrebitelskych-sporov.soi
VIII. Final provision
This customer complaints policy entered into force on 1 September 2007.