Complaints Procedure

For providing spa / hotel LV services

This document informs about the method of asserting the client's claims of the Horské lázně Karlova Studánka, state enterprise, IČO: 14450216, with its registered office No. 6, Karlova Studánka, 793 24, registered in the Commercial Register kept at the Regional Court in Ostrava, section AXIV, Insert 481 (hereinafter referred to as the “spa”), arising from the liability of the spa for defects in the service provided or goods sold, including the conditions for the application of a breach of contract (hereinafter referred to as the “complaint”) and their settlement.

The application of defects in the provided health services and related services is governed by the Procedure for the Receipt and Resolution of Complaints.

1. DEFECT LIABILITY

The spa is responsible for ensuring that the service or item is free of defects. In particular, the spa is responsible for ensuring that the item at the time of its delivery, respectively service at the time of its provision:

has the characteristics that have been agreed; in the absence of such an arrangement, then such characteristics as the spa (or the manufacturer of the item) described or which the client expected with regard to the nature of the service / goods and on the basis of the advertisement;
is suitable for the purpose for which the seller states its use or for which a service / thing of this kind is usually used;
is the thing in the appropriate quantity, measure or weight;
complies with legal requirements.

The client is obliged to check the regularity of performance upon receipt of the service or receipt of the item.

Spa is not liable for service defects provided to clients of travel agencies or similar providers, if these defects are the result of incorrect or misleading information provided to the client by this provider.

2. APPLICATION AND RECEIPT OF COMPLAINTS

The client's complaint must be made in accordance with these complaint rules.
Complaints can be made within the time limits set by generally binding legal regulations for exercising the right from liability, for defects in taking over the goods or providing the service, and no later than the expiration of these time limits.
In the case of consumer goods with a specified durability or minimum durability, or if the spa has provided a guarantee for the quality of performance in addition to its legal obligations, the client is obliged to complain about these defects and claim them no later than the deadlines.
The client is obliged to file a complaint immediately after finding the defect.
The spa is not responsible for increasing the extent of the defect or the damage caused by it, if the client uses the service or goods, although he knows about the defect and does not complain about it for an important reason. A defect in the quality or quantity of food can be claimed before it is consumed, otherwise the client is exposed to the risk of failure to prove the defect.
The client files a complaint in the form of a written notice or in person at the place designated for receiving complaints, where a report on the received complaint will be drawn up by an authorized employee.
When making a complaint, the client is obliged to state the name, surname, address, description of the defect or the manner in which the defect manifests itself, the required method of handling the complaint and, if possible, to document the defect in fact and evidence. At the same time, the client is obliged to submit proof of purchased service, or goods whose defect he claims.The spa accepts complaints at the relevant establishment, where it is possible to accept complaints with regard to the range of products sold or services provided. The place of receipt of complaints about hotel services of the spa is the reception of the Libuše spa house (No. 1 Karlova Studánka).

3. PROCESSING COMPLAINTS

The authorized employee of the spa will decide on the complaint immediately, in complex cases within 3 working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled without undue delay, no later than within 30 days of the client's complaint, unless a longer period is agreed with the client. Vain expiration is considered a material breach of contract.
The client is obliged to provide the cooperation necessary to settle the complaint, especially by submitting complete information, submitting documents proving the facts, etc.
The spa will inform the client in writing of the method of handling the complaint and the duration of the repair, as well as the reason for any rejection of the complaint.
In cases where the complaint is assessed in whole or in part justified, the settlement of the complaint consists of the free removal of the defect of the service or the claimed goods or in cases where it is possible to provide a replacement service or exchange of goods.
In cases where the complaint concerns a room defect of a technical nature, which cannot be eliminated in normal terms, the complaint will be settled by moving the client to another room.

4. FINAL PROVISIONS

The client-consumer has the right to file a proposal for out-of-court settlement of a dispute of an out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, web address: www.adr.coi.cz. In the case of spa services in the field of energy, this entity is the Energy Regulatory Office, Partyzánská 1/7, 170 00 Prague 7, e-mail: podatelna@eru.cz, web address: www.eru.cz. For contracts concluded through a website or other electronic means, the client-consumer may also use the online dispute resolution platform set up by the European Commission on the website at: http://ec.europa.eu/consumers/odr/.

This complaint procedure enters into effect on 2020-01-01.

Ing. Jan Poštulka, company director

Karlova Studánka Mountain Spa, state enterprise