To ensure the correct procedure for handling complaints of defects in products, goods and services provided and sold in public catering establishments, accommodation establishments and facilities (hereinafter referred to as “establishments”), the following must be issued on the basis of §29(4) of Act No. 130/1981 Coll. on internal trade and the implementing Decree No. 100/1982 Coll., this Complaints Procedure:
I. RIGHT TO COMPLAIN ABOUT FAULTY SERVICES
Every consumer has the right to products and services of good quality within the meaning of the relevant provisions of Act No. 250/2007 Coll. on consumer protection, as well as within the meaning of other legal regulations specifying requirements for the quality of products and services. If the consumer discovers that the products sold by the hotel – in particular meals, drinks and other goods, as well as additional services or other services provided by the hotel, are defective, he/she has the right to complain about them.
The consumer has the right to claim defects in meals and drinks intended for immediate consumption immediately upon discovery of the defect, directly with the hotel staff member serving the hotel or with the responsible service representative of the hotel. If the defect in the meals and drinks intended for immediate consumption at the hotel premises relates to the quantity, measure or weight, the consumer must complain in the same way before consumption.
The consumer has the right to claim defects of other goods only after presenting them and after presenting the cash register bill from the electronic cash register in the establishment where the goods were purchased without undue delay, but no later than the end of the warranty period.
The consumer has the right to complain to the responsible representative of the hotel without undue delay about defects in the accommodation services and other services provided. This right lapses if it has not been exercised at the latest within 6 months from the date on which the consumer becomes aware of the defect in the service provided.
II. COMPLAINTS PROCEDURE
The employee of the hotel with whom the consumer has lodged his/her claim for defects in accordance with Article 1 (hereinafter referred to as the “responsible employee”) must examine the claim and decide on the manner of its settlement.
If it is not possible to handle the complaint immediately or if the responsible employee considers the complaint to be unjustified, this employee must draw up a record of the complaint with the consumer, which, as a complaint sheet, forms an annex to these Complaints Procedure and which must contain the identification details of the consumer and the responsible employee, the exact identification details of the service and the time when it was provided, what the consumer sees as a defect and what the consumer is demanding, it must be signed and dated. In the event that the consumer, in accordance with Article 1 of this Complaints Procedure, presents the goods and the cash register bill from the electronic cash register, this fact must be explicitly stated in the complaint record. The consumer must also receive a copy of the complaint record. The responsible employee must forward the complaint record to the hotel manager, or the hotel employee designated by the hotel manager, who must decide on the complaint immediately, or in complex cases within three working days. The time taken to assess the defect must not be included in this time limit. However, it must not take longer than 30 days to process the complaint. After this period, the consumer has the same rights as if it was a defect that cannot be rectified.
A person who, in accordance with sections 1 and 2 of this Article, decides on the complaint, must issue a document on the complaint, on the manner of its handling for the consumer, even if the complaint is not satisfied on the site and in its entirety.
III. CONSUMER’S COOPERATION IN HANDLING THE COMPLAINT
The consumer must provide the hotel staff with the necessary assistance to process the complaint, in particular to provide truthful information, submit documents, etc. If the nature of the matter so requires, the consumer is obliged to allow the responsible hotel staff access to the area provided to him/her for accommodation so that they can ascertain the validity of the complaint. If the complaint concerns a consumer who is a member of an organized group, the assistance in handling the complaint must also be provided by the group’s guide, interpreter and others.
IV. CLAIMS FROM THE COMPLAINT
Catering services – defects in the meals and drinks provided must be deemed to be irremediable. The consumer has the right to request a replacement of the meals and drinks, or the consumer has the right to withdraw from the contract.
Other goods – claims arising from defects in other goods are governed by the relevant provisions of the Civil Code or the Commercial Code on liability for defects in the goods sold. Depending on whether the defect is remediable or irremediable, immaterial, the consumer has the right:
• to have the defect corrected free of charge, in a timely and proper manner or
• to replace the goods; or
• to a reasonable discount on the price of the goods; or
• to withdraw from the contract.
Accommodation services and other services – if the accommodation services or other services provided to the consumer by the hotel are affected by the defect, the consumer has the right to assert claims arising from the relevant provisions of the Civil Code or the Commercial Code on liability for defects in the goods sold. Depending on whether the defect is remediable or irremediable, immaterial, the consumer has the right:
• to remove the defect free of charge without undue delay; or
• to cancel the contract; or
• to a reasonable discount on the price of the service as decided by the responsible hotel employee
V. REIMBURSEMENT OF NECESSARY COSTS
The consumer is entitled to compensation for the necessary costs incurred in connection with the complaint. This right must be exercised by the consumer with the hotel within one month of the expiry of the period for making a complaint, otherwise the right must expire.
VI. FINAL PROVISION
This Complaints Procedure enters into force and effect on the date of its signing by the management of the company METROPOL Invest, a. s.
Information for consumers:
Alternative dispute resolution for consumer disputes:
- The aim is to be fast, efficient, less formal and, above all, free of charge or at minimal cost.
- It is an amicable solution or an agreement between the consumer and the seller to resolve the dispute, which becomes a binding legal document once both parties agree to its wording.
The alternative dispute resolution bodies are the Office for Regulation of Network Industries, the Office for Regulation of Electronic Communications and Postal Services and the Slovak Trade Inspection Authority. Moreover, the Slovak Trade Inspection is in the position of the so-called residual entity, which means that it is also entitled to resolve disputes for which the competence of other bodies is not specified, except for disputes arising from contracts for the provision of financial services.
Name of the entity:
Slovak Trade Inspection (STI)
Registered office of the entity: Prievozská 32, 827 99 Bratislava 27
ID: 17 33 19 27
Delivery address: Slovenská obchodná inšpekcia
Department for International Relations
Prievozská 32, p. p. 29
827 99 Bratislava 27
Address for electronic submissions:
Tel.: + 421 2 582 72 123, + 421 2 582 72 141
Fax: +421 2 534 14 996
Languages in which it is possible to file a petition for the initiation of an alternative dispute and to conduct an alternative dispute resolution: Slovak, English.
Fee for initiating alternative dispute resolution: alternative dispute resolution is free of charge.
The consumer must make use of all legal possibilities before addressing the competent alternative dispute resolution body, e.g., exercising his/her right in a complaint’s procedure.
V Spišskej Novej Vsi, dňa 1.1.2018