I. Subject matter of the Complaints Procedure and definition of terms
- This Complaints Procedure informs Guests about the conditions, methods and procedures for the application and handling of their Complaints concerning the services provided by the Seller in or outside its Establishment and the goods sold by the Seller in or outside its Establishment, including information on where the Guest can apply for a Complaint and on the performance of warranty repairs.
- For the purposes of these Complaints Regulations, the following capitalised terms used to express the text of the Complaints Regulations shall have the following meanings:
2.1 “Guest” is a consumer, i.e. a natural person who has entered into a Contract with the Seller as a supplier and is not acting within the scope of his business, employment or profession when entering into and performing the Contract,
2.2 “Seller” is the company Wellness Invest, a. s. with its registered office at Malý trh 2/A, Bratislava, Postal Code: 811 08 , ID No.: 47 240 008, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Entry No.: 5607/B,
2.3 “Premises” means any premises where the Seller provides services or sells goods. At the time of drawing up these Complaints Regulations, the Seller’s Establishment is the WELLNESS HOTEL PATINCE**** at Patince 431, postcode: 946 39, Port of Patince on the Danube River, r.km 1752
2.4 The Complaints Procedure is this COMPLAINT PROCEDURE OF WELLNESS HOTEL PATINCE**** drawn up by the Seller,
2.5 “Complaint” means a claim for liability for defects in a service provided by the Seller to the Guest under the Contract or for defects in goods sold by the Seller to the Guest under the Contract,
- “Settlement of the Complaint” means the termination of the Complaint procedure in the case of a defect in the Goods by handing over the repaired Goods, replacing the Goods, refunding the purchase price of the Goods, paying a reasonable discount on the purchase price of the Goods, a written invitation to take over the performance or a reasoned rejection of the Complaint,
- in the case of a service defect, by repairing the service defect, replacing the service, refunding the price for the service of the goods, paying a reasonable discount on the price for the service, a written invitation to take over the performance or a reasoned rejection of the Complaint.
2.6 “Contract” means a contract concluded between the Guest on the one hand and the Seller on the other hand, in the conclusion and performance of which the Seller is acting within the scope of its business, and on the basis of which the Seller provides a service or sells goods to the Guest for a consideration.
II. Seller’s liability for defects
1.The guest has the right to products and services of ordinary quality.
2. The Seller is liable for defects in the service when it is provided to the Guest for a fee. In the case of a service provided for a lower price, the Seller shall not be liable for the defect for which the lower price of the service was agreed.
3. The Seller shall be liable for any defects in the goods sold upon receipt by the Guest. In the case of used goods, the Seller is not liable for defects caused by their use or wear and tear. For goods sold at a lower price, the Seller shall not be liable for the defect for which the lower price of the goods was agreed.
4. Unless the goods are perishable or used goods, the Seller shall be liable for defects that occur after the Seller has taken delivery of the goods within the warranty period (warranty).
5. The warranty period is twenty-four (24) months. If a period of use is indicated on the goods sold, their packaging or the instructions accompanying them, the warranty period shall not expire before the expiry of this period.
6. In the case of used goods, the Guest and the Seller may also agree on a shorter warranty period, but not less than twelve (12) months.
7. At the Buyer’s request, the Seller is obliged to provide a guarantee for the goods in writing (guarantee letter). If the nature of the item allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.
8. Warranty periods start from the receipt of the goods by the Guest.
9. The period from the exercise of the right of liability for defects until the time when the Guest was obliged to take over the goods after the repair was completed is not included in the warranty period.
- If the goods are replaced, the warranty period will start again from the receipt of the new goods. The same applies if a part that has been warranted is replaced.
- The Seller is liable for defects in the goods only if the goods were transferred to the Guest for a consideration (sold), for defects in the services only if the services were provided to the Guest for a consideration.
III. Guest’s rights under liability for defects
1 . If there is a defect in the service or a defect in the goods for which the Seller is liable and which can be remedied, the Guest has the right to have it remedied free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay.
2. The Guest may demand replacement of the goods instead of removal of the defect, or if the defect concerns only a part of the goods, replacement of the part, if this does not incur disproportionate costs for the Seller in relation to the price of the goods or the severity of the defect.
3. The Seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the Guest.
4. If there is a defect which cannot be removed and which prevents the item from being properly used as an item without defect, the Guest has the right to exchange the item or has the right to withdraw from the Contract. The same rights shall apply to the Guest if the defects are remediable, but if the Guest is unable to use the goods properly due to the recurrence of the defect after the repair or due to a greater number of defects.
5. If the goods sold for a lower price or used goods have a defect for which the Seller is responsible, the Guest has the right to a reasonable discount instead of the right to exchange the item.
IV. Application of the Claim
1.A complaint may be made by
1.1 The Guest who has purchased the Goods from the Seller, if it is a Goods Complaint,
1.2 A Guest to whom the Seller’s service has been provided for a fee, if it is a Service Complaint.
2. The Guest may make a Complaint at the Seller’s Establishment, where the acceptance of the Complaint is possible with respect to the services provided or goods sold, or at the designated person (if designated). The Designated Person may settle the Complaint only by handing over the repaired goods, otherwise the Complaint shall be forwarded to the Seller for settlement.
3. An employee authorized to handle Complaints must be present in the Establishment and at the designated person according to Article IV. point 2. of the Complaints Regulations during the operating hours.
4. In the Complaint, the Guest is obliged to truthfully state the reason for the Complaint and truthfully state the facts on which the Complaint is based. When making a Claim, the Guest is obliged to submit:
4.1 the Goods to which the Complaint relates, if it is a Goods Complaint,
4.2 proof of purchase of the claimed goods from the Seller or proof of provision of the claimed service by the Seller for a fee.
The Guest is also obliged to provide the Seller with the cooperation necessary for the Complaint handling, in particular by providing the Seller with truthful information and explanations regarding the defect of the provided service or sold goods.
5. The rights of liability for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
6. Liability rights for defects in services and for defects in perishable goods must be exercised no later than the day after the service has been rendered or the goods have been purchased; otherwise, the rights are extinguished.
7. In the case of second-hand goods, liability rights for defects shall expire if not exercised within twenty-four (24) months from the date of acceptance of the second-hand goods by the Guest or until the expiry of a shorter warranty period agreed between the Seller and the Guest.
V. Procedure for the application and handling of Complaints
1.If the Guest submits a Claim, the Seller or his/her authorized employee or designated person shall inform the Guest about his/her rights under the liability for defects, and based on the Guest’s decision which of these rights the Guest claims, the Seller shall determine the method of handling the Claim according to Article I. point 2. paragraph 2.6. of the Complaint Procedure immediately, in complex cases no later than three (3) working days from the date of the Complaint, in justified cases, in particular if a complex technical evaluation of the condition of the product or service is required, no later than thirty (30) days from the date of the Complaint.
2. Once the method of Complaint Handling has been determined, the Complaint shall be handled immediately; in justified cases, the Complaint may be handled later; however, the handling of the Complaint shall not take longer than thirty (30) days from the date of the Complaint.
3. After the expiry of the deadline for the Complaint Handling, the Guest has the right to withdraw from the Contract or has the right to exchange the goods for new goods.
4.The Seller is obliged to issue a confirmation to the Guest when making a Claim. If the Claim is made by means of remote communication, the Seller is obliged to deliver the confirmation of the Claim to the Guest immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of processing the Claim; the confirmation of the Claim does not have to be delivered if the Consumer has the opportunity to prove the Claim in another way.
5.The Seller is obliged to issue a written document about the handling of the Complaint within thirty (30) days from the date of the Complaint.
VI. Final Provisions
1.The rights of the Guest and the obligations of the Seller in the application and handling of Complaints are governed by Act No. 40/1964 Coll., the Civil Code, as amended, and Act No. 250/2007 Coll. 372/1990 Coll. on offences, as amended, as amended.
2. The Seller is entitled to change or completely replace this Complaints Procedure by issuing a change or a new COMPLAINT PROCEDURE OF WELLNESS HOTEL PATINCE****.
3.This Complaints Procedure shall enter into force on the date of its preparation by the Seller and shall become effective on 01.01.2023.