Complaints Procedure

I. Basic Provisions

This Complaints Procedure (hereinafter “CP”) is drawn up in accordance with Act No. 40/1964 Coll. Civil Code as amended (hereinafter “Civil Code”), Act No. 250/2007 Coll. on Consumer Protection, Act No. 102/2014 Coll. on Consumer Protection in Distance Selling or Off-Premises Contracts, and Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution (hereinafter “ADR Act”), as well as Regulation (EU) 2016/679 (General Data Protection Regulation – “GDPR”). Complaints of legal entities that are not consumers are governed by Act No. 513/1991 Coll. Commercial Code as amended.

This CP regulates the procedure for lodging complaints about goods sold and/or services provided by the owner and operator of the “Apartments in the Heart of the Tatras,” namely SERIO s.r.o., Nad Medzou B-16, 052 01 Spišská Nová Ves, Company ID: 46 696 822, registered in the Commercial Register of the District Court Košice I, Section: Sro, Insert No. 30105/V, VAT ID: SK2023546272, tel.: +421 905 386 203, e-mail: info@vsrdcitatier.sk (hereinafter the “Provider”), in its accommodation facilities collectively referred to as Apartments in the Heart of the Tatras (Apartment Hory, Apartment Háje, Apartment Lúky, Apartment Lesy) (hereinafter “Apartment”), to the Apartment’s client (hereinafter the “Client”).

By accepting the goods and/or service of the Provider and/or by sending a binding reservation and/or concluding a contract with the Provider, the Client agrees with this CP and confirms that they have been acquainted with its content.

For the purposes of this CP, a complaint means the exercise of liability for defects in a product or service provided.

II. Rights of the Client – Consumer

The Client – consumer has the right to receive products and services of standard quality, to lodge complaints, to claim damages, to receive education and information, to protect their health, safety, and economic interests, and to submit suggestions and complaints to supervisory and control authorities or municipalities in case of violation of rights granted to consumers by law.

The Client – consumer has the right to protection against unfair terms in consumer contracts.

The Client may seek protection of their rights against the infringer before a court. Every consumer has the right to turn to an alternative dispute resolution body under the conditions of the ADR Act, without prejudice to the right to bring an action before a court.

Further conditions of ADR, including the competent ADR body for disputes with the Provider, are specified in Article IX(4–6) of the Terms & Conditions.

III. Liability for Defects

The Provider is liable for defects that the goods had at the time of acceptance by the Client and/or that the service had at the time it was provided.

For goods sold and/or services provided at a reduced price, the Provider is not liable for defects for which the lower price was agreed.

The provisions on warranty period and its duration follow the Civil Code or Commercial Code depending on the Client’s legal status, unless this CP provides otherwise.

A change resulting from wear and tear or improper use during the warranty period shall not be considered a defect.

The Client must inspect the goods upon receipt and/or the service upon provision and report visible defects without undue delay.

Visible defects are considered to be those detectable upon acceptance, including:

  • Quantity or assortment differences
  • Poorly provided service

The Client must report such defects immediately to the responsible employee of the Provider, who will remedy the issue in accordance with Article V and/or VI of this CP.

Late complaints will not be accepted and will be deemed unjustified.

The Provider is not liable for defects if:

  • The Client knew or must have known about the defects at the time of contract conclusion
  • The defect was caused by the Client
  • The Client was explicitly informed of the defect before acceptance and a discount was given
  • The defect resulted from normal wear and tear or improper use
  • Protective seals were broken
  • Unauthorized intervention was made in the product
  • The complaint was lodged after the warranty period expired
  • The defect resulted from natural disaster
  • The defect resulted from incorrect handling, unauthorized servicing, or use of incompatible accessories, or occurred after the product’s service life expired

IV. Lodging a Complaint

If the Client discovers grounds for complaint, they must file it immediately with the responsible employee of the Provider. For swift processing, the Client should present proof of purchase or service provision (receipt, order copy, invoice, contract), if available.

If required by the nature of the complaint, the Client must also submit the item concerned. The Provider shall record the complaint in a complaint protocol stating the objective circumstances of the case. After careful examination, the Provider shall decide on the method of handling the complaint immediately or within three days in complex cases, no later than 30 days from the complaint submission.

The Client must provide the necessary cooperation for complaint processing, including providing relevant information and allowing access to the accommodation space if needed to verify the complaint.

Complaints are submitted as follows:

  • For product defects – to the managing director
  • For defects in accommodation services – to the managing director

V. Remediable Defects

If the defect can be remedied, the Client has the right to free, timely, and proper removal of the defect, and the Provider is obliged to remedy it without undue delay. The Client may request replacement of the item instead of repair, or replacement of a defective part, provided it does not cause disproportionate costs to the Provider. The Provider may replace the defective item with a faultless one instead of repair if it does not cause disproportionate costs.

In case of accommodation services, the Client has the right to free, timely, and proper removal of deficiencies reported in accordance with Article IV(5)(c) of this CP, such as replacement or addition of minor room equipment, in line with the category and class of the accommodation facility as per Decree No. 277/2008 of the Ministry of Economy of the Slovak Republic.

VI. Irremediable Defects

If the defect cannot be remedied and prevents proper use, the Client has the right to request replacement of the item or to withdraw from the contract. These rights also apply if the defects, even if remediable, reoccur after repair or are numerous enough to prevent proper use.

In the case of accommodation services, if technical defects (e.g. heating malfunction, insufficient hot water supply) cannot be remedied promptly and the Provider cannot offer substitute accommodation or another room, the Client has the right to a discount on the price according to the valid price list, or to cancel the confirmed reservation/contract and receive a refund.

If the Provider unilaterally makes a substantial change to the Client’s accommodation and the Client does not agree with the alternative solution, they have the right to cancel the confirmed reservation/contract before the stay and receive a refund. The Client is not entitled to compensation for any related costs or damages.

VII. Final Provisions

This CP (version 1) is effective from 01.01.2021.

Personal data provided will be processed in accordance with GDPR and will only be shared with recipients, third parties, and processors in compliance with GDPR. More information is available at www.vsrdcitatier.sk/ochrana-osobnych-udajov. Data protection contact: info@vsrdcitatier.sk.

This CP is published on www.vsrdcitatier.sk.