Complaints Procedure

1.Subject

• This complaints procedure is regulated in accordance with applicable legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), and Act No. 634/1992 Coll., on consumer protection , as amended (hereinafter referred to as the "Consumer Protection Act"), the scope, conditions and method of exercising the customer's rights from defective performance resulting from the responsibility of ApartmentsCarlsbad for defects in the stay, individual services provided or goods sold and their handling (hereinafter also referred to as "complaints "). The complaints procedure is also available on the ApartmentsCarlsbad website - apartmentscarlsbad.eu.

2. Application of complaints 

2.1. 

In the case of defectively provided services or services that were demonstrably ordered and confirmed but not provided, the customer has the right to claim. The customer asserts rights from defective performance at the ApartmentsCarlsbad location where he purchased the claimed services or goods.

2.2.

The customer is obliged to point out a defect in the services provided in a timely manner, without unnecessary delay, if possible at the place of service provision. If the customer does not point out a defect in the services provided without undue delay, the claim cannot be accepted. Pointing out the defect without delay (filing a complaint) on the spot will allow the defect to be removed immediately, while with the passage of time, the proof and objectivity of the assessment, and thus the possibility of proper handling of the complaint, become more difficult.

2.3.   

If the rights from liability for defects are not exercised within 24 months for goods, within 24 hours from the day of service provision – wellness procedures (massage, etc.) and within 6 months for other services, they will expire. A meal can only be claimed before it is consumed. When making a complaint about the services provided, the guest must always prove that the subject of the complaint is related to a specific error by the operator.

2.4. 

The customer can make a complaint verbally at the establishment in Kolmá 786/50 or in writing, either at the address ApartmentsCarslbad Kolmá 786/50, Karlovy Vary or at the e-mail address apartments2carlsbad@gmail.com.

2.5. 

  When making a complaint, the customer is obliged to state the name, surname, permanent residence, what is the content of the complaint, to justify his complaint and, if possible, to document the subject of the complaint with documentary evidence; at the same time, it is recommended to present proof of the service provided, copy of the order, invoice, confirmation of payment, etc., which will facilitate the handling of the complaint. In the case of purchased goods, the customer is obliged to present them when making a claim.

2.6.

The customer can make a complaint in any form, stating the date, the subject of the complaint and the desired method of handling the complaint. In the event of a verbal complaint, the representative authorized by the hotel is obliged to draw up a complaint protocol with the customer, or issue a written confirmation of receipt of the complaint. In the protocol, the customer's personal data shall be stated, when the customer made the complaint, what the content of the complaint is, what method of handling the complaint the customer requires and the date. Protocol, or the confirmation of receipt of the complaint is signed by the hotel representative and the customer, who expresses agreement with its content by signing.

2.7. 

If the customer also hands over documents to ApartmentsCarlsbad, or other documents related to the claim, or claimed goods, this fact must be explicitly stated in the protocol.

2.8. 

The client loses the right to a price discount if he makes a complaint about a service defect only after partial or full use of the services.

3. Handling of complaints

3.1.   

ApartmentsCarlsbad is obliged to issue a written confirmation to the customer of when the customer made the complaint, what the content of the complaint is, what method of handling the complaint the customer requires, as well as confirmation of the date and method of handling the complaint, and in the case of claimed goods, including confirmation of the repair and its duration , or written justification for rejecting the claim.

3.2.

If the customer asserts a right from defective performance related to services that are provided to him or that have already been provided to him, the manager of the establishment providing the services in question or another authorized employee is obliged to decide on the claim immediately after the necessary examination of the factual and legal circumstances, in complex cases by three working days. This time does not include the time required for a professional assessment of the defect. The complaint must be handled without undue delay, no later than 30 days after the customer makes the complaint, unless a longer period has been agreed with the customer.

3.3.

In the case of written complaint submissions, the provisions of paragraph 3.1 of the Complaints Regulations apply to their content.

4. Customer cooperation in handling complaints

4.1. 

 the customer is obliged to provide the necessary cooperation to settle the complaint, in particular to provide information, submit documents proving the factual situation, present the claimed goods, specify their requirements as to the reason and amount, etc. If the nature of the matter requires it, the customer must allow an authorized employee access to the premises , which was provided to him for accommodation, etc., so that they could be convinced of the validity of the claim.

5. Ways of handling complaints

5.1. 

In cases where the complaint is judged to be fully or partially justified, the settlement of the complaint consists in the free removal of the defect in the service or the complained of goods, or in cases where this is possible, also in the provision of a replacement service or exchange of goods. Depending on the scope and duration of the defect, the customer is entitled to a reasonable discount on the price. This does not affect the customer's right to demand withdrawal from the contract in cases provided by law.

5.2.

In cases where the complaint is judged to be unfounded, the customer is informed in writing of the reasons for rejecting the complaint.

5.3.

If it is a defect that cannot be removed or a replacement provided, the guest has the right to a reasonable discount from the price of the provided service, or a refund of the amount of services already paid.

5.4.

In cases where the complaint relates to defects in the guest's room of a technical nature, which cannot be removed within the usual terms, the complaint will be settled by moving the guest to another room.

5.5.

In the event that, as part of the complaint procedure, it is found that the contractually agreed and/or otherwise required service was provided in the agreed scope, quality, quantity or level, or was refused by an authorized employee due to reasonable doubts about the health of the guest, in particular because the required the service is not suitable for the guest from a health point of view, which was pointed out to the guest by the employee, the complaint is assessed as unfounded and the procedure is continued according to paragraph 5.2. of this article.

5.6.

If circumstances arise, the origin, course and, possibly the consequence does not depend on the will, activity and procedure of ApartmentsCarlsbad or circumstances on the customer's side, on the basis of which the customer does not use the ordered, paid for and ApartmentsCarlsbad secured services in whole or in part, the customer is not entitled to a refund of the price paid or a price discount.

        6.   Other provisions

6.1.

In the rest, the provisions of generally binding legal regulations, in particular the Civil Code and the Act on Consumer Protection, apply.

6.2.

In accordance with the provisions of § 14 of Act No. 634/1992 Coll., on consumer protection, as amended, the customer has the opportunity to resolve any disputes arising from the contracts concluded with the hotel through the body of the out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Štěpánská 567/15, Prague 2, zip code 120 00, internet address www.coi.cz.