Consumer Complaints Procedure
Business company of the trading company VV Invest, s.r.o., with its registered office at Krajinská Cesta 679/21, 93101 Šamorín, ID No.: 48 080 870, registered no.: 48 080 870, registered no. 103108/B, VAT ID No.: SK21 2005 5520 (hereinafter referred to as the "Operator") issues in accordance with the relevant provisions of Act No. 250/2007 Coll. 372/1990 Coll. on offences, as amended (hereinafter referred to as the "Consumer Protection Act") in conjunction with Section 52(4) of Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the "Civil Code"), this Complaints Procedure, which regulates the procedure for the exercise of consumer rights when claiming services - accommodation, catering and related services, provided by the operator in the CARD Hotel at Krajinská cesta 679/21, 93101 Šamorín (hereinafter referred to as the "Hotel").
Hotel customer in the position of a consumer pursuant to Section 2(a) of Act No. 250/2007 Coll. (hereinafter referred to as the "customer") has the right to complain about the services and goods provided by the hotel in terms of their scope, quality, quantity and date, in accordance with the Consumer Protection Act in conjunction with Section 52(4) of the Civil Code, as amended.
The relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as the "Commercial Code") shall apply to claims of clients - legal entities and natural persons - entrepreneurs who are not in the position of consumers.
The Operator hereby informs the customers, in accordance with the Consumer Protection Act, about the conditions and the method of exercising the rights under the liability for defects (hereinafter referred to as "complaint"), including information on where the customer can file a complaint.
The provision of hotel services is governed by the relevant provisions of the Civil Code in conjunction with the relevant provisions of the Consumer Protection Act and other generally binding legislation
Right to claim, Conditions and method of exercising the right to claim
The customer has the right to claim any shortcomings of the services/goods provided (in terms of their scope, quality, quantity and date), including the right to their removal, replacement, supplementation, or replacement provision of a new service or a reasonable discount on the agreed price of the services or goods paid.
The hotel operator is liable to customers for defects in the service when it is provided or in the goods sold when the customer takes them over. The customer is obliged to properly inspect and check the goods upon receipt and/or the service upon provision.
The customer is obliged to make claims for defects in services (claims) without undue delay after discovering the reasons for making a claim, but no later than the next working day, otherwise the customer's right to make a claim expires. When making a claim, the reservation number relating to the services provided by the hotel must be provided. The hotel operator does not take into account any claims made after the deadline.
Complaints, or any customer complaint, will be accepted by the operator through the hotel reception, either in person or by e-mail to the hotel's address reservation@cardhotel.sk. Complaints can also be sent to the hotel's registered office address (Krajinská cesta 679/21, 93101 Šamorín ) in writing and can also be handled by the hotel manager.
The customer is obliged to submit proof of purchase of services or goods (reservation, invoice, cash register block, contract, etc.) when making a claim, if such proof is available. Without proof of purchase, the Hotel may not accept the claim.
The hotel will individually assess the customer's complaint and deal with it immediately, if it can be dealt with immediately. In other cases, the customer's complaint will be handled within 30 days of receipt at the latest. The operator will issue a confirmation of the claim to the customer, and the responsible hotel employee will register the claim in the claim report[ZV1] , indicating the circumstances of the claim. The customer will always be informed in writing of the settlement of the complaint.
The customer has the right to a proper and timely removal of the detected deficiencies of a legitimate complaint free of charge. The warranty period shall be governed by the provisions of Sections 620 and 621 of the Civil Code if the customer is a consumer, otherwise (in the case of entrepreneurs) by the relevant provisions of the Commercial Code.
Obvious defects are defects detectable upon receipt of the goods and/or service provided, which the customer is obliged to immediately notify to the operator. The operator shall not be liable for defects of which the customer knew or should have known at the time of conclusion of the contract, taking into account the circumstances under which the contract was concluded. This does not apply if the defects relate to the characteristics of the service provided and/or the goods which they should have had according to the contract. The provider shall not be liable for defects which the customer has caused himself, nor for defects which have been clearly brought to the customer's attention by the provider, nor for defects which have arisen as a result of improper/improper use by the customer or force majeure.
For the purpose of complaint handling, the customer is obliged to provide contact details through which the customer will be informed about the method of complaint handling in the event that it is not possible to handle the complaint immediately after it has been made directly at the hotel.
The customer is obliged to provide the hotel with the necessary assistance to settle the complaint, in particular by providing truthful information regarding the service provided. If the nature of the complaint so requires, the customer shall allow a member of staff of the hotel access to the premises provided by the hotel in order to enable the hotel to satisfy itself as to the validity of the complaint. If the nature of the service complained of so requires, the customer shall also be required to produce the item of which he complains of a defect in the complaint procedure when making a complaint.
Customer's rights arising from a claim
If the customer duly submits a claim, the operator is obliged to inform the customer of his/her rights.
If the defect can be remedied, the customer has the right to have it remedied free of charge, in a timely and proper manner. The customer may request the replacement of the item/service instead of the removal of the defect, provided that this does not incur disproportionate costs for the operator in relation to the price of the item/service or the severity of the defect. The operator may always replace the defective goods/service with faultless goods/service instead of rectifying the defect, provided that this does not cause the operator serious inconvenience.
If there is a defect which cannot be remedied and which prevents the goods/service from being properly used as without defect, the customer has the right to have the goods replaced or to withdraw from the contract. The same rights shall apply to the operator if the defects are remediable, but the customer is unable to use the goods/service properly due to the recurrence of the defect after repair or due to a greater number of defects.
If there are other irremediable defects, the customer is entitled to a reasonable discount on the price of the goods/service. If the goods/service sold at a lower price or used goods have a defect for which the operator is liable, the customer has the right to a reasonable discount instead of the right to exchange the item.
Customer rights and complaint procedure
Defects removable:
In the case of a defect that can be remedied, the customer has the right to request the provider to remedy the defect properly, in a timely manner and free of charge.
- Provision of accommodation services:
The customer has the right to free and proper elimination of the detected deficiencies, i.e. to exchange or supplement the room equipment (within the scope of the Decree of the Ministry of Economy of the Slovak Republic No. 277/2008 Coll., which establishes the classification signs for accommodation facilities when classifying them into categories and classes).
- Provision of catering services: if the correct quality or price has not been observed, the customer has the right to request that the defect be rectified free of charge and in an orderly manner. Deficiencies in the quality of food and beverages for immediate consumption must be complained about immediately upon discovery of the deficiency (before the food is consumed), directly to the restaurant staff member serving the food or beverages. In the event that the deficiency is related to the quantity or weight of the food/drinks at immediate consumption, the complaint must be made before consumption begins.
Due to the nature of the services provided by the operator, the customer has the right to request an exchange of the service/goods or a refund or a discount.
Irremovable defects:
- Provision of accommodation services:
In the case of technical defects that cannot be immediately rectified (heating system failure, low water pressure, lack of hot water, etc.) and if the hotel cannot provide the customer with accommodation in another room of the same category or other alternative accommodation, the customer has the right to a discount on the price of the accommodation or the right to withdraw from the contract before the overnight stay and to a refund of the price paid for the accommodation, the choice of entitlement is up to the customer.
- Provision of catering services: if the defects cannot be rectified, the customer has the right to a replacement of the food or drink or a refund of the price paid by the customer.
Based on the customer's decision as to which of these rights to exercise, the operator is obliged to determine the method of handling the complaint. The customer shall be entitled to reimbursement of the necessary costs incurred in connection with the exercise of a legitimate complaint.
Alternative dispute resolution
If the customer as a consumer is not satisfied with the manner in which the operator has handled the complaint or if he believes that the operator has violated his rights, he has the right to contact the hotel with a request for redress (complaint) to the email address reservation@cardhotel.sk . The customer's complaint will be investigated and possible compensation will be proposed to the customer based on the applicable rules and legal regulations. If your complaint is not satisfactorily resolved or answered within 30 (thirty) days from the date of sending it, the customer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity pursuant to Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts.
The competent body for alternative dispute resolution of consumer disputes with the hotel operator is the Slovak Trade Inspection, which can be contacted for the above purpose at the address of the Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Dispute Resolution, Bajkalská 21/A, Bajkalská 21/A, Post Office Box 29, 827 99 Bratislava, or electronically at ars@soi.sk, or adr@soi.sk, or another relevant authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list of authorised
entities is available at https://www.mhsr.sk/business/consumer-protection/alternative-resolution-of-consumer-disputes-1/list-of-subjects-of-alternative-resolution-of-consumer-disputes-1 whereby you have the right to choose which of the above mentioned alternative dispute resolution entities to turn to.
The customer can use the online platform for alternative dispute resolution, which is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK, to submit a proposal for alternative dispute resolution.
For more information on alternative dispute resolution for consumer disputes, please visit the Slovak Trade Inspection website: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi
Privacy Policy
Information regarding the protection of personal data is provided in the Information on the processing of personal data by the controller, which is published on the website www.cardhotel.sk
Final provisions
By accepting the service and/or taking delivery of the goods, the customer as a consumer confirms that he/she has been informed of these Complaints Procedure.
The Complaints Procedure of the operator comes into force and effect on 1.10.2024 .
In Šamorín, on 1.10.2024
[ZV1]Here may be a link to the complaint protocol