Claims Process

Claims Process

1. General Provisions

1.1 The process regulates the procedure for accepting and considering claims and complaints of a customer, on the basis of the responsibility of the travel agency for the services provided, including conditions that do not comply with the Agreement, and are considered on the basis of Czech law in accordance with Law No. 89/2012 Sb., The Civil Code and the current Law No. 634/1992 Sb. on protection of consumer rights.

1.2 This claim process applies to the services provided on the travel agency website.

2. Dealing with claims

2.1 The customer has the right to file a claim about disparities in quality of purchased services on the travel agency website. To do this, he/she must apply in writing to the website of the travel agency that provided these services, or to an authorized representative or guide working with the travel agency.

2.2 The customer is obliged to file a claim in a timely manner and within the time specified on the website. This requirement allows eliminating the identified defects without time delays. Extending the claim term reduces the accuracy and objectivity of the claim. The customer may submit a claim in any form, indicating the date, reason for appeal and the method of settlement of the filed claim.

2.3 If the customer, without objective reasons, did not make a claim for the defects in the services received under the Contract, within 14 days after the purchase or actual use of the service, he/she is not entitled to receive a discount from the received service or refund for the service.

2.4 In the claim form the customer is obliged to state his full name and address, as well as to substantiate the claim being made, when and where the claim arose, in what way the customer wants to resolve the claim. It is recommended to attach any evidence of purchase of this service: a copy of the purchase order, an invoice, a receipt of payment, etc., it facilitates the process of reviewing the claim.

3. Dealing with claims

3.1 In case of detection of defects in the received services provided on the website of the travel agency or by an authorized representative, the customer is obliged to notify the above-mentioned supplier of services via e-mail or other available means. The website administration or authorized representative is obliged, after due consideration of all factual and legal circumstances, to make a decision on the claim immediately, in difficult cases within three working days, and to conduct the necessary examination of all the circumstances of the stated claim. This period does not take into account the time required for expert assessment of the defect. Decisions on claims are made, if there is no reason to delay, within 30 days from the date of the customer’s claim, and if the customer does not agree to a more extended period. The claim is considered accepted after confirmation of acceptance of the claim by the site administration via email.

3.2 If the customer makes a claim orally, a guide or an authorized representative of the travel agency is required to draw up a report on the claim, with confirmation of its acceptance. The report shall include when the claim was filed, the customer’s personal information, the essence of the claim, the method of settlement of the claim requested by the customer. The report must be signed by the guide or an authorized representative of the travel agency. The customer receives one copy of this document and confirms by his/her signature his/her full agreement with the content of the report and its receipt.

3.3 A written claim is filed in accordance with paragraph 2.4.

 

4. Customer’s actions in handling claims

4.1 The customer is obliged to provide on request all the necessary information in accordance with paragraph 2.4.

4.2 If the customer receives services without the presence of an authorized representative of the travel agency, and the service provided is defective, the customer is also obliged in a timely and effective manner to file a claim with the service provider within or outside the Czech Republic by email or through feedback by filling out the appropriate claim form on the travel agency website.

5. How to handle claims

5.1 If the claim is deemed to be fully or partially substantiated, the elimination of the defect or malfunction of the provided service is carried out as a replacement of the service or an exchange for another, value of which does not exceed the value of the service received earlier. In other cases, the travel agency may provide a reasonable discount on the cost of faulty service.

5.2 If the claim is deemed unreasonable, the customer is informed in writing of the reasons for refusing the claim.

5.3 If circumstances arise, the origin and outcome of which does not depend on the will, activity and process of the service, or circumstances that are on the customer’s side, on the basis of which the customer did not fully or partially use the ordered and paid services of the travel agency, then the customer is not entitled for refund of the amount spent or price reduction.

6. Other conditions

When considering claims, the provisions of generally binding legal regulations are applied, namely: the Civil Code and the Consumer Protection Act of the Czech Republic, depending on the circumstances. If both parties can not settle the claim by mutual consent, the customer has the right to file an application for pre-trial resolution of the dispute, which is held by the designated authority in the Czech Republic, namely:

 

Central Inspectorate, Department ADR, st. Štěpánská 15, 120 00 Praha 2, adr@coi.cz, www. adr.coi.cz.

Downloads:

Application for Adjudication of Claims