COMPLAINT HANDLING POLICY – ACCOMMODATION of the Provider www.skauhouse.sk.
Skau s.r.o., with its registered office at Račianska 1579/88 B, Bratislava – Nové Mesto District 831 02, Company Reg. No.: 55 040 101, registered in the Company Register of the City Court of Bratislava III, Section: Sro, File No.: 166233/B (hereinafter referred to also as “Skau”) issues the following Complaint Handling Policy for the provided services available under the Internet link: www.skauhouse.sk:
Skau is the Service Provider as well as the operator of the platform, and this Complaint Handling Policy is issued in accordance with the laws of the Slovak Republic. Relations between legal entities are governed by the applicable legal regulations of the Act No. 513/1991 Coll. of the Commercial Code and relations between natural persons are governed by the applicable legal regulations of the Act No. 40/1964 Coll. of the Civil Code, the Act No. 250/2007 Coll. on the Consumer Protection, the Act No. 102/2014 Coll. on the Consumer Protection in Sale of Goods or Provision of Services Under Remote Contracts or Contracts Concluded Outside the Seller’s Business Premises and the Act No. 22/2004 Coll. on the Electronic Commerce.
Definitions of some terms:
A. Skau is the company Skau, s.r.o., with its registered office at Račianska 1579/88 B, Bratislava – Nové Mesto District 831 02, Company Reg. No.: 55 040 101 registered in the Company Register of the City Court of Bratislava III, Section: Sro, File No.: 166233/B, which is the operator of the website and the provider of related services and is further referred to in this Complaint Handling Policy as “Skau”, or the “Company”, or the “Provider”
B. Client or User is a legal entity, or a natural person interested in leasing real estate properties published by Skau on the Company’s website.
C. Internet site or website is a site operated by Skau, the link of which is as follows: skauhouse.sk.
D. General Business Terms and Conditions are the terms and conditions adopted by Skau and published on its website, hereinafter referred to herein as the GBTs&Cs.
E. Contract, this meaning is closely specified in the General Business Terms and Conditions adopted by Skau.
This Complaint Handling Policy governs the Client’s rights and obligations when exercising rights from defects in services in accordance with the contract concluded with Skau through its website. The Client is any legal or natural person who filled out and sent an order via Skau website in accordance with the General Business Terms and Conditions.
The Consumer is a natural person who does not act, when concluding a contract with Skau in accordance with the adopted General Business Terms and Conditions, in the framework of their business activities.
This Complaint Handling Policy constitutes an integral part of the General Business Terms and Conditions published on Skau´s website.
Article I.
Skau´s Responsibility
1. Skau is obliged to provide services in accordance with the concluded contract to the required extent, in the agreed manner and at the agreed time, as stated in the order.
Article II.
Client´s Rights
1. If it is a defect that the client legitimately complains about in accordance with the procedure as closely specified in this Complaint Handling Policy and which Skau recognizes, the Client has the right to have it promptly and properly eliminated. The Client has the right to request a substitute service as long as the recognized defect is not removed.
2. If it is a defect that cannot be eliminated, the Client has the right to be provided a substitute service. As far as the provision of a free-of-charge service is concerned, i.e. a service for which Skau did not charge any fee, the Client is not entitled to any refund, price refund, or the provision of a substitute service until it is agreed so with Skau.
Article III.
Rights Exercising Procedure
Complaint Procedure
1. The Client has the right to complain about:
a. the scope, quality and correctness of the service provided,
b. the timeliness of the service provided.
2. The Client is obliged to make a complaint by delivering it in writing to the address of Skau’s registered office, or by e-mail to the address: reklamacie@skau.house. Other delivery is out of the question and Skau will not take other delivery into account, which the Client fully acknowledges.
3. When making a complaint, the Client is obliged to deliver the following documents and acts to Skau:
a. photo documentation of the complaint,
b. proof of payment for the complained service,
c. received invoice,
d. written submission for the commencement of the complaint procedure with a detailed explanation of the complaint submission and thus the presentation of objective information concerning the complained service. Such written submission must include the Client’s identification data (name, surname, residence, e-mail, telephone number)
If failing to deliver the above-mentioned documents, Skau has the right to reject the complaint and demand reimbursement from the client of the necessary costs associated with such procedure. Postage is fully borne by the Client.
4. If the nature of the matter requires so, the Client is obliged to allow access to the premises on which the Client stays, so that it is possible to carefully assess the submitted claim. If the Client fails to do so, they are aware of the fact that the Provider will reject their complaint as unfounded.
5. The Client is obliged to provide the Provider with true and objective information concerning the complained defect during the complaint procedure.
6. After the delivery of all documents, Skau will reassess the submitted complaint and will provide the Client with a notification within 30 days. The output will be either the recognition of the submitted complaint or its non-recognition. The Provider has the right to reject a complaint if it is of the opinion that the complaint in question is not justified or that it is not responsible for the complained defect.
7. The Client agrees that if the Provider finds out that the defect was verifiably caused by unprofessional interventions and/or improper handling during the processing of the complaint, the Client will bear the full costs of processing such complaint.
8. In the case of a recognized complaint, as long as the elimination of the complained defect would be associated with disproportionately high costs and the defect would not prevent the use of the service, the Client and the Provider may agree on a reasonable discount on the price without eliminating such complained defect.
9. Rights from the liability for defects must be exercised by the Client without delay after it has learnt about them, otherwise such rights expire.
10. The Provider shall not be held liable for the items brought in the real estate property (their damage, theft, etc.). Such articles cannot be the subject of a complaint procedure.
11. The Provider shall not be responsible for any damage to health.
12. The outcome of the complaint shall be considered to be the end of the complaint procedure/complaint/. The outcome of the complaint means the termination of the complaint procedure by providing a substitute service or its justified rejection.
Article IV.
Final Provisions
1. This Complaint Handling Policy is in force and effect upon its publication on Skau´s website, and that is from ………………….
2. Each provision of this Complaint Handling Policy, as far as it is possible, is interpreted to be effective and valid in accordance with applicable legal regulations. However, should any provision be unenforceable or invalid pursuant to applicable legal regulations, it will be ineffective only to the extent of such unenforceability or invalidity, and the other provisions will continue to be binding and fully valid and effective. In the event of such unenforceability or invalidity, both parties will negotiate in good faith to agree on amendments to the wording that are necessary to implement the intentions from the point of view of such unenforceability or invalidity, if the possibility of such modification does not result to the Client directly from this Complaint Handling Policy or from other provisions.
3. The delivery of documents, unless it is closely regulated herein, is governed by the provisions in the most recently published General Business Terms and Conditions on Skau´s website.
4. All other provisions that are not governed by this Complaint Handling Policy are regulated by the General Business Terms and Conditions most recently published on Skau’s website.
5. This Complaint Handling Policy constitutes an integral part of every contract concluded between the parties, as well as an integral part of the General Business Terms and Conditions in force.
6. Pursuant to Section 3 (6) of Act No. 250/2007 Coll. on the Consumer Protection and on the amendment of the Act of the Slovak National Council No. 372/1990 Coll. on the Offenses as later amended, every consumer has the right to turn to an alternative dispute resolution entity for the purpose of protecting their consumer rights. During alternative dispute resolution, the consumer/accommodated person cooperates with the alternative dispute resolution entity in order to quickly resolve the dispute. In the event of a cross-border dispute, the consumer/accommodated person has the right to contact the European Consumer Centre, which will provide them with a delivery address, an email address or a telephone contact for the alternative dispute resolution entity that is competent to resolve their dispute.
7. If the Client is not satisfied with the manner by which the Provider handled their complaint or if the Client believes that the Provider has violated their rights, the Client has the possibility to turn to the Provider and request rectification. If the Provider responds negatively to the request for rectification or fails to respond to it within 30 days, the Client has the right to submit a petition for the commencement of an alternative resolution of their dispute pursuant to the provision of Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on amending and supplementing certain laws. The competent entity for the alternative resolution of consumer disputes with the accommodation provider is the Slovak Trade Inspection, Bajkalská 21/A, 827 99 Bratislava 27, www.soi.sk or other relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (list of such entities can be obtained at http://www.mhsr.sk); The Client has the right to choose to which of the listed entities of alternative resolution of consumer disputes it will turn. The Client is obliged to use all options given by law before turning to the competent body for alternative dispute resolution, e.g. asserts their right within a complaint procedure.
8. The terms used in this Complaint Handling Policy have the meaning assigned to them in the relevant definition given herein, both in the singular and in the plural.
9. In case of any inconsistencies or ambiguities or contradictions between two or more conditions regulated by this Complaint Handling Policy and the orders, instructions and guidelines of the website operator, the General Business Terms and Conditions shall prevail.
10. This Complaint Handling Policy shall expire after a subsequent complaint handling policy enters into force.
11. Skau reserves the right to change the Complaint Handling Policy in question, and the Client agrees to this right without objections. The current wording will be permanently published on Skau’s website, whereby Skau fulfils its obligation to notify the Client of such change. Everyone is obliged to familiarize themselves with the latest Complaint Handling Policy and, if they do not agree with it, they have the right not to use the service.
12. If you do not agree with any of the conditions stated herein, you should contact Skau without delay and negotiate the conclusion of an amendment hereto that will possibly deal with your objections.