For establishments providing public catering and accommodation services
In order to ensure the correct procedure for handling complaints about defects in products, goods and services provided and sold in public catering establishments, accommodation facilities and units, this Complaint Handling Policy has been issued pursuant to Section 29 (4) of Act No. 130/1981 Coll. on Internal Trade and Implementing Decree No. 100/1982 Coll.:
Right to claim defective services
- If a citizen finds out that the sold food, beverages, goods, provided accommodation services or related services are defective, he / she has the right to claim such defects.
- Quality defects of food and beverages intended for immediate consumption in the establishment shall be complained by the citizen during consumption, especially directly to the staff who immediately informs the manager of the establishment or his/ her authorized employee.
In cases that defects in food and beverages intended for immediate consumption in the establishment relate to quantity and weight, they must be claimed before their consumption.
- Defects of other goods shall be claimed by the citizen in the establishment where he / she bought the goods without undue delay on the basis of the receipt of purchase, no later than by the end of the warranty period by which the goods must be used.
- Deficiencies in the accommodation unit must be applied to the manager of the establishment or his deputy without undue delay, the right to claim expires if it was not exercised within 6 months of the provided service.
- When making a complaint, the citizen shall submit a proof of service (copy of the order, invoice, etc.), or even the item, for which the complaint is made.
The manager or the authorized employee of the establishment, who receives the complaints, is obliged to inform the citizen about the applicable regulations and standards for the provision of services. If it is not possible to settle the claim immediately or if the manager of the establishment or his authorized employee does not consider it justified, he / she is obliged to write a record of the claim with the citizen. The record shall specify the service and the time when it was provided, then the point in which the citizen sees the defect, or mistake and requests how the complaint should be handled (e.g. discount on the price of the service provided, etc.) When exercising the complaint, the citizen hands over the document in writing, or the item he claims, to the manager or his authorized employee, this fact must be explicitly stated in the record of complaints. The citizen will receive a copy of the record.
Procedure for handling complaints
- Complaints of defects referred to in Art. 2 para. 2 must be decided by the manager of the establishment or an employee authorized by him immediately, in complex cases within three days. If the manager of the establishment or his / her authorized employee finds that the claim is justified, he/she will deal with it immediately.
Cooperation of the citizen in handling the complaint
It is necessary for the citizen to provide employees of the establishment or the organization with necessary cooperation to settle the complaint, in particular, he/she should provide true information regarding the provided service. Where the nature of the matter so requires, the citizen shall enable employees of the establishment or organization the access to the premises which was rented for his/her accommodation so that they can ascertain that the complaint is justified.
- Catering services
- Food defects shall be considered irremovable errors. If a food defect occurs, the citizen has the right to request a food replacement or refund of the amount paid.
- If the quality, weight, size or temperature of a food or drink is not respected in the catering sector, the citizen has the right to ask for a free, proper and immediate removal or correction of the error.
- In the field of accommodation services, the citizen has the right to require free, proper and timely correction of errors by replacing the defect or supplementing the small room equipment.
- If it is not possible to remove technical errors in the assigned room to the citizen (failure of the heating system, poor hot water supply, failure in the power supply, etc.), the establishment cannot offer the citizen other, substitute accommodation, and if the room remains rented, the citizen then has the right to:
– a discount from the basic room price according to the provision of the retail price list of temporary accommodation MC – 7/75/82, or the cancellation of contract prior to the stay over and money-back if it has already been paid.
- The responsibility for defective sold items in the supplementary assortment is governed by the relevant provisions of the Civil Code.
- If it is a defect that can be corrected, the citizen has the right for the defect to be removed free of charge, in a timely and proper manner. If the item sold has not been used, the citizen may, instead of eliminating the defect, request a replacement.
- In the case of a defect cannot be corrected and prevents the item from being properly used as a defect-free item, the citizen has the right to exchange the item or may withdraw from the contract of sale.
Bratislava, 1 October, 2019