Reklamačný poriadok

Service Provider: Fleetia Czech s.r.o.,
registered office at Aviatická 1092/8, 161 00 Prague - Ruzyně district, Czech Republic,
Company ID: 03647307,
VAT ID: CZ03647307,
registered in the Commercial Register of the Municipal Court in Prague, Section: C, File No.: 235707.

Service Provider's Operations: Aviatická 1092/8, 161 00 Prague - Ruzyně district, Czech Republic (hereinafter referred to as "operations").

1. Scope of Application

1.1 All definitions stated in the General Terms and Conditions (hereinafter referred to as "GTC") also apply to this Complaints Procedure (hereinafter referred to as "complaints procedure").

1.2 This complaints procedure regulates the complaint proceedings between Fleetia Czech s.r.o., which may be represented by the company's contractual partners (hereinafter referred to as "supplier"), and the end customer (hereinafter referred to as "customer").

1.3 The purpose of issuing this Complaints Procedure is to properly inform the customer about the conditions and method of exercising rights from liability for defects in the provided service (hereinafter referred to as "complaint"), complaint resolution and the subsequent process of terminating the complaint proceedings.

1.4 The Complaints Procedure regulates the complaint process in accordance with § 13 of Act No. 634/1992 Coll. on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"), with Act No. 89/2012 Coll. Civil Code, as amended (hereinafter referred to as the "Civil Code") as well as other generally binding legal regulations of the Czech Republic.

1.5 Complaints are handled in person at the operations during opening hours from 8:30 to 17:00, unless otherwise stated in this complaints procedure. Complaints can also be communicated and filed electronically via email address: rent@fleetia.cz by sending a complaint protocol published on the supplier's website https://www.auto-prestige.cz/en/complaints or by phone: +420 777 727 609.

1.6 The Complaints Procedure applies to all services provided by the supplier to customers.

1.7 Every customer should familiarize themselves with the supplier's GTC before rental, which are published on the supplier's website, at the latest when signing the Motor Vehicle Sublease Agreement / Operating Lease Agreement, to prevent possible misunderstandings. https://www.auto-prestige.cz/en/terms

1.8 By concluding a service agreement, the customer agrees to the complaints procedure and confirms that they have been acquainted with its content.

1.9 When receiving the provided service from the supplier or an employee authorized by the supplier, it is necessary to carefully check everything and ensure that all damage found on the provided service is recorded in the handover protocol, the template of which is published on the supplier's website. https://www.auto-prestige.cz/documents/prebiraci-protokol.pdf

2. Proof of Service Provision (Invoice)

2.1 The supplier is obliged to issue the customer a proof of service provision, which for the purposes of complaint is an invoice, stating the following information:

• a) business name, identification number and registered office of the supplier,
• b) address of operations,
• c) date of service delivery,
• d) service identification,
• e) price of services and total price paid by the customer, including VAT for consumers.

2.2 When selling a service with subsequent delivery, the document must include the destination, date and time of delivery.

3. Complaint Process

3.1 The supplier is obliged to properly inform the customer about the conditions and method of complaint, including information about where complaints can be filed.

3.2 The customer is obliged to primarily inform the supplier about the occurrence of a defect in the provided service and about filing a complaint. After careful consideration of the defect in the provided service, the customer's location (e.g., foreign trip, vacation, etc.) and based on mutual agreement between the supplier and customer, in case of objective impossibility of delivering the motor vehicle to the supplier's operations, the supplier may allow repair of the defect at another authorized service center or by another person.

3.3 A customer filing a complaint shall complete a complaint protocol, in which they precisely describe the defect and how the defect manifests, or how the service was defectively provided.

3.4 If the customer files a complaint with the supplier, the supplier or their authorized employee is obliged to inform the customer about their rights according to § 2169 and § 2171 of the Civil Code. § 2169 of the Civil Code states: "If a defect occurs in the provided service, the buyer may request its removal. According to their choice, they may request delivery of a new item without defect or repair of the item, unless the chosen method of defect removal is impossible or disproportionately expensive compared to the other; this shall be assessed particularly with regard to the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the other method without significant difficulties for the buyer. The seller may refuse to remove the defect if it is impossible or disproportionately expensive, particularly with regard to the significance of the defect and the value the item would have without the defect. Provisions § 1923, 2106 and 2107 on rights from defective performance shall not apply."

Paragraph 2171 of the Civil Code adds:

"(1) The buyer may request a reasonable discount or withdraw from the contract if
a) the seller refused to remove the defect or did not remove it in accordance with § 2170 para. 1 and 2,
b) the defect manifests repeatedly,
c) the defect is a substantial breach of contract, or
d) it is apparent from the seller's statement or circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the buyer.

(2) A reasonable discount is determined as the difference between the value of the item without defect and the defective item received by the buyer.

(3) The buyer cannot withdraw from the contract if the defect of the item is insignificant; the defect is presumed not to be insignificant. Provisions §2110 and 2111 shall not apply.

(4) If the buyer withdraws from the contract, the seller shall return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that they sent the item."

The provisions of the Civil Code cited in this article apply to the provision of services, especially motor vehicle rental, appropriately with regard to the nature of the service.

3.5 Based on the customer's decision about which of the rights stated in point 3.4 of this complaints procedure they exercise, the supplier shall choose the method of complaint resolution, namely:

• repair,
• replacement,
• payment of a reasonable discount from the service price,
• return of all or a reasonable amount for the rented services,
• justified rejection of the complaint.

The supplier shall state the consumer's choice of complaint resolution method in the complaint application document.

3.6 In case of temporary closure of a branch, the supplier shall indicate the start and end of the branch closure at the location where the operating hours are displayed, no later than 24 hours before the temporary closure, provided the branch is closed for more than one (1) day. In case of branch cancellation, the supplier shall inform no later than seven (7) days before the branch cancellation by placing a notice at the branch where the operating hours are displayed, which branch will be designated for handling complaints and the date of branch cancellation.

3.7 The supplier or their authorized employee is obliged to accept complaints electronically, by phone or in person at the branch.

3.8 The supplier or their authorized employee or other designated person is obliged to resolve the complaint immediately, if that is not possible due to the complexity of the complaint, within a maximum of 30 days. This period does not include the time needed for expert assessment of the deficiency in service provision. After the expiration of the maximum period for complaint resolution, the supplier has the same rights as if it were a defect that cannot be removed.

3.9 The supplier is obliged to issue the customer a confirmation of complaint application when filing a complaint.

3.10 In case of filing a complaint through means of distance communication within the meaning of point 1.1 of this complaints procedure, the supplier shall deliver to the consumer confirmation of complaint application immediately, if not possible immediately, then without undue delay, but no later than together with the document on complaint resolution.

3.11 The supplier is obliged to issue a written document on complaint resolution no later than 30 days from the date of complaint application.

3.12 The supplier is obliged to keep records of complaints and submit them upon request to the supervisory authority. Complaint records must contain the following information:

• date of complaint application,
• date and method of complaint resolution, and
• serial number of the complaint application document (invoice number).

4. Filing a Complaint

The customer's rights from liability for deficiencies in service provision by the supplier may only be exercised during the period of service provision (vehicle rental), but no later than three (3) working days after service provision (expiration of the rental period). This period does not apply to defects that could not be identified upon receipt of the service; such defects the customer is entitled to complain about without undue delay after their discovery.

5. Procedure for Handling Complaints

5.1 When filing a complaint, the customer is obliged to provide the following information in the complaint protocol:

• complaint protocol number (invoice number),
• date of defect discovery,
• date of complaint application,
• information about the complained service (type of vehicle, license plate, date of service rental, total price of provided service in EUR/CZK, motor vehicle sublease agreement / operating lease agreement number),
• proposed complaint resolution, or required method of complaint resolution, in case of a consumer,
• written statement of all deficiencies, proposal for damage compensation.

5.2 When filing a complaint, the customer is obliged to submit the following documents together with the complaint protocol:

• motor vehicle sublease agreement / Operating Lease Agreement,
• motor vehicle handover protocol,
• printed customer order in case the order was made online,
• proof of service provision (invoice).

5.3 The supplier shall issue the customer a confirmation of complaint application in electronic or paper form. In case of a complaint application document sent in electronic form, it will be sent to the email address from which the customer sent the complaint protocol. The supplier is not responsible for failure to deliver to the specified email address.

The document must contain:

• date of service provision,
• date of complaint application,
• date of complaint acceptance,
• information about the complained service,
• complained deficiencies,
• proposed complaint resolution from the customer, in case of a consumer,
• identification of the responsible person.

This information may be stated on the written complaint from the customer.

5.4 A complaint may be filed whenever the delivered service did not acquire its substance (the vehicle rental was not realized), or deficiencies appeared during service delivery (realization of vehicle rental).

6. Method of Deciding on Complaints

Based on qualified assessment of the deficiency, the authorized employee or authorized car service of the supplier shall decide on the method of complaint resolution.

7. Complaint Resolution

7.1 The period for complaint resolution may last a maximum of 30 days in case of a customer, if all conditions arising from this complaints procedure are met. Complaint resolution must not take longer than 30 days. After this period expires, the customer has the same rights as if it were a defect that cannot be removed.

7.2 The period for complaint resolution begins from the day of receipt of the complaint subject by the supplier, in case the receipt of the complaint subject by the supplier occurs on a later day than the day of complaint application by the customer.

7.3 In cases other than those stated in point 7.1 of this complaints procedure, when the complaint is not filed by a customer, a distinction is made between complaint application in case of substantial breach of contract and non-substantial breach of contract within the meaning of § 2106 and 2107 of the Civil Code.

In case of substantial breach of contract, according to § 2106 of the Civil Code, the customer has the right to:

• a) removal of defect by delivery of new item without defect or delivery of missing item,
• b) removal of defect by repair of the item,
• c) reasonable discount from the service price, or
• d) withdraw from the contract.

(2) The customer shall inform the supplier of their chosen method at the time of defect notification, or without undue delay after defect notification. The customer cannot change the made choice without the supplier's consent; this does not apply if the customer requested repair of a defect that proves to be irreparable. If the supplier does not remove the defects within a reasonable period or notifies the customer that they will not remove the defects, the customer may request a reasonable discount from the price instead of defect removal, or may withdraw from the contract.

(3) If the customer does not choose their right in time, they have rights according to § 2107.

In case of non-substantial breach of contract, according to § 2107 of the Civil Code, "the buyer has the right to removal of the defect, or to a reasonable discount from the purchase price. Until the buyer exercises the right to discount from the purchase price or withdraws from the contract, the seller may deliver what is missing or remove the legal defect. Other defects may be removed by the seller at their choice by repair of the item or delivery of a new item; the choice must not cause disproportionate costs to the buyer. If the seller does not remove the defect of the item in time or refuses to remove the defect of the item, the buyer may request a discount from the purchase price, or may withdraw from the contract. The buyer cannot change the made choice without the seller's consent."

Note: In this complaints procedure, the terms "buyer" and "seller", stated in the cited provisions of the Civil Code, are interpreted as "customer" and "supplier", in accordance with the nature of the services provided.

7.4 The supplier is entitled to reject an incomplete or improperly filed complaint and return it to the customer for completion according to ČSN ISO 10002 standard. The rejection does not affect the period for handling the complaint. The period for complaint resolution is suspended until the complaint is re-filed. If the customer does not remove formal deficiencies of the complaint within ten (10) working days, the supplier will stop the complaint proceedings, about which the customer will be informed in writing.

7.5 The complaint may be resolved by:

• repair,
• replacement,
• payment of a reasonable discount from the service price,
• return of all or a reasonable amount of money for the rented services, or
• justified rejection by the supplier.

7.6 If the complaint filed by the customer does not meet the conditions of the complaint proceedings, the complaint will be resolved by the supplier in accordance with this complaints procedure and relevant generally binding legal regulations so that their legal rights are not affected.

7.7 After complaint resolution, the customer is notified (by phone, email, registered mail through postal delivery, etc.) that they can pick up the complaint. Contact details provided by the customer when filing the complaint will be used for communication purposes. Use of electronic communication (SMS, email) is considered proper notification of the customer with a date identical to the date of sending the information via electronic medium.

7.8 The complaint will not be recognized if the supplier credibly proves that they did not cause the complained deficiency and the supplier could not prevent it in any way, given that the deficiency was caused by another unforeseeable circumstance (e.g., force majeure, etc.).

7.9 All rightfully filed complaints will be resolved free of charge. In case of unjustified complaint, costs associated with complaint resolution may be charged to the customer, except for consumers.

8. Final Provisions

8.1 This complaints procedure becomes valid and effective on 22.2.2023.

8.2 The customer who is a consumer, by signing the complaint protocol, confirms that the supplier has clearly and comprehensibly informed them of all their consumer rights, in particular, but not only, the right to services of normal quality, the right to file a complaint, the conditions and method of complaint resolution, where complaints can be filed, the right to compensation for damages, the right to information, the right to protection of health, safety and economic interests, and the right to file complaints and grievances with the supervisory and control authority in case of violation of rights granted by law to consumers. The customer according to this point further confirms that they were also informed by the supplier about their right to contact an alternative dispute resolution entity that is authorized to conduct alternative dispute resolution, the aim of which is to achieve an amicable resolution of the dispute between the parties in accordance with point 7.3.6 of the GTC.

8.3 The supplier reserves the right to change this complaints procedure without prior notice.

8.4 After each change of the complaints procedure, its complete version will be prepared, which will be available according to paragraph 8.6 of this complaints procedure.

8.5 The complaint process is governed by the complaints procedure effective at the time of provision of the complained service.

8.6 The Complaints Procedure is published online on the supplier's website and is available to the customer. https://www.auto-prestige.cz/en/complaints

8.7 Legal relations not regulated by this complaints procedure are governed by the legal regulations of the Czech Republic.

8.8 The provided personal data will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR Regulation") and Act No. 110/2019 Coll., on the processing of personal data, as amended, and personal data will be provided or made available only in accordance with the GDPR Regulation to third parties and intermediaries. Further details on the processing of personal data are provided on the supplier's website in the Privacy Policy section. https://www.auto-prestige.cz/en/privacy

Fleetia Czech s.r.o.