These complaint rules regulate the scope, conditions and procedures for exercising the rights of the customer related to faulty performance under liability of the firm Prague Bus Tours Centre, Vídeňská 619/142 148 00 Praha 4, incorporated in the Commercial Register at the Municipal Court in Prague, CRN: 07855214 (hereinafter referred to as “PBT”) for a defective tour, for defects in individual services rendered and their handling.
Making a Complaint
Exercise of the customer’s right related to defective performance under liability of PBT for defects of a tour provided on the basis of the Tour Contract or for defects of the individual services rendered on the basis of some other individual service contract (hereinafter referred to as a “Complaint”) must be done seriously, certainly and comprehensibly. The customer is entitled to make a complaint at any business premises or head office of PBT, and if the contract has been mediated by a third party, then the complaint must be lodged with such third party, or at the point of service, i.e. the PBT representative.
When making the Complaint, the customer is obliged to state his name, surname, address, date, reason for the Complaint, Complaint handling method preferred, duly substantiate his Complaint and according to possibilities also provably corroborate the facts.
The Customer is obliged to make the Complaint in a timely manner and without any undue delay. Complaining on the spot enables immediate correction of the shortcoming while later it can be more difficult to conduct provable and impartial assessment of the claim and hence also the possibility to resolve the Complaint properly.
If the Complaint is made verbally, the representative of PBT is obliged to draw up a complaint report with the Customer. In the protocol, he shall state the personal data of the customer, when the Complaint was made, the content of the Complaint, Complaint handling method required by customer; and the Complaint handling date and method. If the Customer at the same time submits documents and/or other supporting materials regarding the Complaint to the PBT representative, such fact must be stated explicitly in the report. The report and/or confirmation of complaint receipt shall be signed by the PBT representative. The Customer shall receive one copy of this document and attach his/her signature in witness of his/her agreement with the content and receipt thereof.
The rights from liability for defects must be exercised by the customer without undue delay as soon as the customer learns about such defect. If the customer fails to make a Complaint relating to a tour defect without undue delay for reasons on his part, the court shall not award him the right to get a discount on the price, if PBT raises the objection that the customer did not exercise his right even after lapse of one month after the tour was taken.
PBT is obliged to issue written confirmation to the customer on when the latter made the Complaint, its content, method of handling required by the customer; and also confirmation of the Complaint handling date and method.
If the customer makes a Complaint under liability for defective services, which are being or have already been rendered to him, the authorised representative of PBT is obliged after necessary investigation of the facts and legal circumstances to make a decision on the Complaint immediately; in a complicated case he must do so within three days. This period does not include the period necessary for expert assessment of the defect. The Complaint must be handled at the latest within 30 days after the customer makes the Complaint, provided a longer period has not been agreed upon with the customer.
Collaboration of the customer in the handling of the Complaint
The customer is obliged to collaborate as necessary in the handling of the Complaint, particularly to provide information, submit documents proving the facts of the case, specify his requirements in terms of the reasons and extent, etc.
If the Customer makes use of services without the authorised representative of PBT being present and the rendered service is defective, the Customer is obliged to file timely and due claims against the service providers.
Complaint handling methods
In cases where the Complaint is assessed as completely or partially unfounded, the handling of the Complaint consists of free remedy of the defect or provision of a compensatory service, or provision of a discount on the price proportionate to the scope and duration of the defect, provided PBT shall not otherwise agree with the customer.
If the Complaint is assessed as unjustified, the Customer is notified of the reasons for dismissal of the complaint orally or in writing.
If such circumstances, whose occurrence, progress and/or consequences thereof are independent of the will, activities and procedures of PBT take place (Force Majeure), or the circumstances under which the Customer does not make use of the ordered and paid services secured by PBT, the Customer shall not be entitled to claim any refund of the paid price or a discount on the price.
Extrajudicial solution of consumer disputes
According to the Consumer Protection Act, it is possible for the customer to contact the Czech Trade Inspectorate (Česká obchodní inspekce) and initiate proceedings for extrajudicial solution of a consumer dispute.
Contact Information: Česká obchodní inspekce, Ústřední inspektorát – oddělení ADR, Štěpánská 15, 120 00 Praha 2 Email: email@example.com; Web: https://adr.coi.cz/cs
All other issues are governed by the provisions of the generally binding legal regulations, namely the Civil Code, Commercial Code and the Consumer Protection Act, as amended.
These Complaint Rules come into effect and force on 1 July 2016