Claim policy
PAYLESS SLOVAKIA
Service Provider: United Rental Group, sro
Ivanská cesta 4358/43, 821 04 Bratislava, Slovakia
Company ID: 44 560 940
VAT ID: SK2022746396
Registered in the Commercial Register OS Bratislava I, Section: Ltd., Insert no. 56233 / B
Preamble
These Complaints Procedure Rules (hereinafter referred to as “RP”) govern the procedure for making a complaint for services provided by a Service Provider (hereinafter referred to as “Complaint Procedure”) between the Service Provider by United Rental Group, sro (hereinafter referred to as “URG”). contractual sellers of the company (hereinafter referred to as the “lessor”) and final customers - consumers, which are natural persons who, when concluding and performing the consumer contract, do not act within the scope of their business or other business activity (the lessee).
DP regulates the complaint procedure in accordance with § 18 par. 1 of Act no. 250/2007 on Consumer Protection, Act no. 40/1964 Coll. Civil Code (all the above-mentioned acts as amended) as well as other generally binding legal regulations of the Slovak Republic.
The DP applies to all lessor services provided by the lessee.
For the purposes of DP, a complaint is the assertion of liability for service errors and the handling of a complaint and subsequent termination of the complaint procedure.
Article 1
prevention
1.1 Before the lease it is necessary to read the general business terms and conditions (hereinafter referred to as the "GTC") of the lessor.
1.2 By concluding the service contract, the lessee agrees with the Complaints Procedure and confirms that he / she was acquainted with its content.
1.3 When taking the vehicle from the person authorized by the lessor, it is necessary to check the vehicle thoroughly and ensure that any damage found on the vehicle is recorded in the vehicle's acceptance report.
1.4 When taking over the vehicle from the person authorized by the lessor, it is necessary to carefully read the vehicle information given in the vehicle's technical license and in the vehicle manual.
1.5 If the lessee has been involved in a traffic accident, he is obliged to submit to the lessor a completed accident report, signed by all parties to the accident. If the lessee was not the culprit of the accident and does not have an accident protocol, the lessor has the right to recover damages and lost profit from the lessee.
1.6 If the vehicle was damaged during one rental event but the vehicle is damaged from two or more sides, the lessee must document the accident site. The photographs shall subsequently be provided to the Lessor to prove that the damage occurred in one insured event, otherwise the Lessor shall have the right to claim damages for each damage separately.
1.7 The transfer of funds to the Lessee's account after the cancellation of the deposit may take up to 7 working days, depending on the time required by the processes at the Lessee's bank. If during the inspection of the vehicle no facts were found for which the deposit should be kept, the cancellation of the deposit is made by the employee of the lessor immediately after the receipt of the vehicle from the lessee through the POS terminal. We recommend contacting the bank that issued the payment card to the lessee for any unregistered deposit.
Article 2
Basic conditions of the complaint
2.1 Every tenant has the right to good quality services, claim, compensation, education, information, protection of his / her health, safety and economic interests and to lodge complaints and complaints to the supervisory authority and the municipality in violation of the consumer rights conferred by law.
2.2 Every tenant has the right to protection against unacceptable conditions in consumer contracts.
2.3 The lessee may seek the protection of his rights against the infringer, the violation of the rights and obligations laid down by law in order to protect the consumer.
2.4 The Lessor shall:
a) to supply the services to the extent and under the conditions agreed and to enable the lessee to check the accuracy of these data;
(b) provide services at agreed prices;
(d) correctly charge prices when providing services;
(c) unless the contract provides otherwise, the period within which the service is to be supplied or the goods shall begin to run from the date of conclusion of the contract. However, if, under the contract, the lessee is to fulfill certain obligations before the service or the goods are delivered, that period shall begin to run only from the date on which that obligation is fulfilled.
(d) to ensure the provision of services in a way that enables their safe use.
2.5 The Lessor may not:
(a) impose an obligation without a legal reason;
(b) to deny rights within the meaning of Art. 2 of this DP and § 3 of Act no. 250/2007 Coll. on Consumer Protection as amended.
2.6 The lessor must not refuse to provide a service that is within its operational capabilities; shall not bind the provision of a service to the sale of another product or the provision of another service. This does not apply if the lessee does not qualify for the service.
2.7 The Lessor shall not mislead the Lessee, in particular, provide false, unsubstantiated, incomplete, inaccurate, unclear or ambiguous information, or conceal information about the characteristics of the service or the purchase conditions, and the offer or the provision of services infringing intellectual property rights.
2.8 The Lessor shall provide the service:
(a) on the date specified in the contract;
(b) at any time during the period specified in the contract, unless the contract or the purpose of the contract known to the lessor at the conclusion of the contract indicates that the term of delivery within that period is determined by the lessee;
(c) unless the contract indicates otherwise, the period within which the service is to be provided shall begin to run from the date of conclusion of the contract. However, if, under the contract, the lessee is to fulfill certain obligations before the service is provided, that period shall begin to run only from the date of fulfillment of that obligation.
2.9 The landlord is obliged to issue a lease agreement to the lessee, which states:
2.9.1 business name, identification number and registered office of the lessor,
2.9.2.
2.9.3 the date of delivery of the service,
2.9.4 service identification,
2.9.5 the price of the service and the total price paid by the lessee.
2.10 When supplying a service with subsequent delivery, the document shall specify the destination, date and time of delivery.
Article 3
Liability for errors
3.1 The Lessor shall be liable for any errors that the Service has received upon acceptance by the Lessee.
3.2 The Lessee is obliged to become acquainted with the content of the provided service no later than after passing the risk of damage to the provided service, taking into account the nature of the provided service.
3.3 If the lessee fails to inspect or arrange to inspect the provided service at the time of the transfer of the risk of damage to the provided service, the lessee may only claim claims arising from this inspection if he proves that such defects service.
3.4. If the service is provided at a lower price, it is not responsible for errors for which the lower price was negotiated.
3.5 A change in the subject-matter of a service that has arisen during the service as a result of its wear, misuse or improper intervention cannot be considered to be an error.
3.6 The Lessee is obliged to check the delivered service, resp. the subject of the delivered service upon its receipt and to claim obvious errors.
3.7 Obvious errors are deemed to be errors detectable during the takeover of the service, in particular a poor quality service.
3.8 The Lessee is obliged to immediately notify the Lessor of any apparent defects, who will remedy the situation by removing the claimed defect of the service or by changing the subject of the service or by reducing the price.
3.9 Later complaints of this type will not be accepted by the lessor and such claim is unjustified.
3.10 The Lessor shall not be liable for errors if:
(a) at the time of the conclusion of the defect contract, the lessee knew or, having regard to the circumstances in which the contract was concluded, only had to know that the errors relate to the characteristic of the service rendered or ought to have been under the contract;
b) the lessee caused the error of the provided service himself,
c) the lessee was aware of the error of service before taking over the service; has been explicitly and clearly warned of the error or defective service and if a discount on the price of the service has been provided for the error or defective service,
d) errors occurred at the time of providing the service as a result of wear and tear of the object of the service caused by normal use, misuse or excessive use;
f) errors were caused by an unauthorized person's intervention in the subject of the service or its components,
g) the service is complained after the expiry of the time limit set in Art. 4, point 4.15,
(h) errors have arisen as a result of a natural disaster;
(i) have been caused (intentionally or unintentionally) by incorrect or excessive use of the object of service, its treatment, improper service.
3.11 In the case of an error that can be corrected, the Lessee has the right to be removed free of charge, in a timely and proper manner. The Lessor is obliged to remedy the error without undue delay.
3.12. The lessee may, instead of eliminating the error, require the replacement of the subject of the lease or, if the error relates only to the part of the thing, the replacement of the part, if this does not incur disproportionate costs to the lessor.
3.13 The Lessor may always replace the defective item with a defective one instead of eliminating the defect, unless the Lessee causes serious difficulties.
3.14 In the case of a mistake which cannot be corrected and which prevents the thing from being properly used as a defect-free thing, the lessee has the right to exchange the thing or to withdraw from the contract.
3.15 The lessee shall have the same rights as regards removable errors, but the lessee may not use the item properly for re-occurring after repair or for a number of errors.
3.16 In the case of other irremovable errors, the lessee is entitled to a reasonable discount on the price of the provided service, resp. provision of an extra service.
Article 4
Claim process
4.1 The Lessor is obliged to duly inform the Lessee about the terms and conditions of the complaint, including information on where the complaint can be filed by this DP.
4.2 The Lessor is obliged to accept the complaint in any operation in which the acceptance of the complaint with respect to the terms of the above mentioned DP is possible with respect to the provided services and contractual terms (they are part of each Car Rental Agreement or published on the Lessor's website). Each lessee has the opportunity to become acquainted with the specific terms and conditions at the latest at the time of signing the car rental contract to avoid possible misunderstandings. All GTC and RP are listed online and also freely available in a visible place available to the lessee in each lessor's operation.
4.3 The Lessor or an employee authorized by the Lessor or another designated person shall be obliged to settle the claim immediately, in complicated cases within three working days, in justified cases, especially if a complex technical evaluation of the condition of the provided service is required. This time period does not include the time required for expert judgment of the error. However, the complaint must not be longer than 30 days. After this period, the consumer has the same rights as if it were an error that cannot be corrected.
4.4 The Lessee is obliged to report to the Lessor about a faulty service without undue delay after it has discovered the faulty or faulty service by proving the errors of the provided service.
4.5 The Lessor is obliged to give the Lessee a confirmation of receipt of the claim, at least in electronic form.
4.6 An employee authorized to handle complaints must be present at the establishment during the opening hours.
4.7 The landlord is obliged to keep records of complaints and submit them to the supervisory authority upon request. The record of the claim must contain information about the date of claim, the date and the method of handling the claim.
4.8 The lessee claiming errors will fill in a complaint protocol detailing the error and the manner in which the error occurs or how the service was provided in error.
4.9 Complaints shall be handled preferably in electronic form. The lessee addresses the complaint by sending an email to the address of the Claims Department of Payless Slovakia customerservice@paylesscar.sk via the claim form.
4.10 The Lessee is obliged to provide the following information in the claim form when making a claim:
4.10.1 proof of service provision (lease agreement, lease agreement number)
4.10.2.
4.10.3. required way of solving the complaint
4.10.4 a claim for damages,
4.10.5 the lessee's contact address (address, telephone number, e-mail) to which the lessor will be informed of the way the complaint is handled.
4.11 The Lessor shall issue to the Lessee a confirmation of the claim filing by electronic means of registration and assignment of the registration number. The confirmation shall include:
4.11.1 the date of the claim,
4.11.2 claimed deficiencies,
4.11.3 the lessee's complaint resolution.
This information may be included in a written claim from the lessee.
4.12 The Lessor is not responsible for the failure to deliver the notification sent to the contact address indicated.
4.13 The lessee 's rights arising from the lessor' s liability for the lessor 's provision of services arise only during the period of the service (car rental).
4.14 The claim will be able to be settled if an error occurred while the landlord provided the service.
4.15 Claims may only be made during the period of service provision (car rental), but not later than within 14 working days after service provision (expiry of the rental period).
4.16 Complaints can always be made:
4.16.1. if the delivered service has not acquired its substance (the car rental has not been carried out),
4.16.2. if there were deficiencies during the delivery of the service (car hire).
4.17 If any of the above conditions are not properly fulfilled by the lessee, the claim will not be settled.
4.18 The complaint may be dealt with: discount on the price of the service, removal of the error, withdrawal from the contract, replacement of the subject of lease or refusal by the lessor, according to the type of error in accordance with Art. III., Points 3.11 to 3.16.
4.19 All claims made by law will be handled free of charge.
Article 5
Final provisions
5.1 These Complaints Rules come into force and effect on .............
5.2 The landlord reserves the right to change this DP without prior notice.
5.3 After each change of DP, the full text shall be made available and available under paragraph 5.5.
5.4 The complaint process is governed by the DP effective at the time of providing the claimed service.
5.5 RP is available online at www.paylesscar.sk and at the lessor's premises in a visible place accessible to the lessee.
5.6 Legal relations not regulated by this DP are governed by the legal regulations of the Slovak Republic.
Payless Slovakia
United Rental Group, Ltd.