Claim policy

COMPLAINTS PROCEDURE AVIS SLOVAKIA

Service provider: United Rental Group, sro
Ivanská cesta 4358/43, 821 04 Bratislava
ID: 44 560 940
VAT ID: SK2022746396
Registered in the Commercial Register of OS Bratislava I, Section: Sro, File no. 56233 / B

PREAMBLE

This Complaints Procedure (hereinafter referred to as “DP”) regulates the procedure for filing a complaint for services provided by the service provider (hereinafter referred to as “complaint procedure”) between the service provider United Rental Group, sro (hereinafter referred to as “URG”), which may be represented. contractual sellers of the company (hereinafter referred to as the "lessor") and the final customer - consumer, which is a natural person who does not act within the scope of his business or other business activity (hereinafter referred to as "lessee") when concluding and fulfilling a consumer contract.

DP regulates the complaint procedure in particular in accordance with § 18 par. 1 of Act no. 250/2007 on consumer protection, Act no. 40/1964 Coll. Civil Code (all named laws as amended), as well as other generally binding legal regulations of the Slovak Republic.

DP applies to all services of the landlord provided by the tenant.

For the purposes of DP, a complaint means the exercise of liability for service errors and the handling of a complaint and the subsequent termination of the complaint procedure.

Article 1

Prevention

1.1 Before renting, it is necessary to read the general terms and conditions (hereinafter referred to as "GTC") of the lessor.
1.2 By concluding a contract for the provision of services, the lessee agrees with the complaint procedure and confirms that he has been acquainted with its content.
1.3 When picking up the vehicle from a person authorized by the lessor, it is necessary to thoroughly inspect the vehicle and make sure that all damage found on the vehicle is recorded in the vehicle's acceptance report.
1.4 When taking over the vehicle from a person authorized by the lessor, it is necessary to carefully read the information about the vehicle stated in the technical certificate of the vehicle and in the vehicle manual.  
1.5 If the lessee was a participant in a traffic accident, he is obliged to submit to the lessor a completed accident report, signed by all participants in 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 demand compensation from the lessee for damages and lost profits.  
1.6 If during the rental the vehicle was damaged within one insurance event, but the vehicle is damaged from two or more sides, it is necessary for the lessee to photograph the location of the accident photographically. The photograph will then provide the landlord to prove that the damage occurred in one insured event, otherwise the landlord has the right to claim compensation for each damage separately.  
1.7 The crediting 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 for the processes in 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 performed by the employee of the lessor immediately after taking over the vehicle from the lessee through the POS terminal. For cases of unclaimed deposit back to the tenant's account, we recommend contacting the bank that issued the payment card to the tenant.

Article 2

Basic conditions of the complaint

2.1 Every tenant has the right to services of good quality, to file a complaint, compensation, education, information, protection of their health, safety and economic interests and to submit complaints and grievances to the supervisory authorities and the municipality in violation of statutory consumer rights.
2.2 Every tenant has the right to protection against unacceptable conditions in consumer contracts.
2.3 The Lessee may claim against the infringer in court the protection of his rights, against the violation of the rights and obligations established by law in order to protect the consumer.
2.4 The Lessor is obliged to:
a) to supply the services to the extent and under such conditions as agreed and to enable the lessee to check the accuracy of this information,
b) provide services at agreed prices,
d) correctly charge prices for the provision of services,
(c) unless the contract provides otherwise, the period within which the service is to be provided or the goods are to be delivered shall run from the date of conclusion of the contract. However, if, according to the contract, the lessee has to fulfill certain obligations before the provision of the service or delivery of the goods, this period begins to run only from the date of fulfillment of this obligation.
(d) ensure that services are provided in a way that allows them to be used safely.
2.5 The Lessor may not:
a) impose an obligation without a legal reason,
b) 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 may not refuse to provide a service that is within its operational capabilities; it may not bind the provision of the service to the sale of another product or to the provision of another service. This does not apply if the tenant does not meet the conditions for providing the service.
2.7 The Lessor may not mislead the Lessee, in particular by providing false, unsubstantiated, incomplete, inaccurate, unclear or ambiguous information, or withhold information on the characteristics of the service or on the terms of purchase, and the offer or provision of services infringing intellectual property rights is also deceived.
2.8 The Lessor is obliged to provide the service:
a) on the day specified in the contract,
b) at any time during the period specified in the contract, unless it follows from the contract or from the purpose of the contract, which was known to the lessor at the time of concluding the contract, that the delivery time within this period is determined by the lessee,
(c) unless the contract provides otherwise, the period within which the service is to be provided shall run from the date of conclusion of the contract. However, if, according to the contract, the lessee has to fulfill certain obligations before the provision of the service, this period begins to run only from the date of fulfillment of this obligation.
2.9 The Lessor is obliged to issue to the Lessee a lease agreement stating:  
2.9.1 business name, identification number and registered office of the lessor,  
2.9.2 address of operation,  
2.9.3 date of delivery of the service,  
2.9.4 service identification,  
2.9.5 the price of the service and the total price to be paid by the lessee.  
2.10 When providing a service with subsequent delivery, the document must contain the destination, date and time of delivery.

Article 3

Liability for errors

3.1 The Lessor is responsible for errors that the service provided has when taken over by the Lessee.
3.2 The Lessee is obliged to get acquainted with the content of the provided service at the latest after the transfer of the risk of damage to the provided service, taking into account the nature of the provided service.
3.3 If the Lessee does not inspect the provided object of the service or does not arrange for inspection at the time of the transfer of the risk of damage to the provided service, he can claim damages from errors detectable during this inspection only if he proves provided to the service.
3.4. In the case of a service provided at a lower price, it is not liable for errors for which a lower price has been agreed.
3.5 A change in the subject of the provided service, which occurred in the course of the provided service as a result of its wear or tear, incorrect use or incorrect intervention, cannot be considered 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 complain about obvious errors.
3.7 Obvious errors are errors that can be detected when taking over the service, especially poor service.
3.8 The Lessee is obliged to immediately notify the Lessor, who will arrange for the correction of the claimed error of the service or by replacing the subject of the service or reducing the price.
3.9 Subsequent complaints of this type will not be accepted by the Lessor and such a complaint is unjustified.
3.10 The Lessor shall not be liable for errors if:
(a) at the time the contract was concluded, the lessee knew or, having regard to the circumstances in which the contract was concluded, knew only that the errors related to the nature of the service provided which he had or should have had under the contract,
b) the lessee caused the error of the provided service himself,
c) the lessee knew about the error of the service before taking over the service, resp. was explicitly and clearly notified of the error or faulty service and if a discount on the price of the service was provided for the error or faulty service,
d) errors occurred at the time of providing the service as a result of wear and tear of the subject of the service caused by normal use, incorrect or excessive use,
f) the errors were caused by the intervention of an unauthorized person in the subject of the service or its parts,
g) the service is claimed after the expiry of the period specified in Art. 4, point 4.15,
h) errors occurred as a result of a natural disaster,
i) were caused by (intentional or unintentional) incorrect or excessive use of the subject of the service, its incorrect treatment, incorrect service.
3.11 In the case of a fault that can be rectified, the lessee has the right to have it rectified free of charge, in good time and in a proper manner. The landlord is obliged to eliminate the error without undue delay.
3.12. Instead of eliminating the error, the lessee may request the replacement of the leased object, or if the error concerns only a part of the thing, the replacement of the part, if the lessor does not incur disproportionate costs due to the price of the service or the severity of the error.
3.13 The Lessor may always replace the defective item with a faultless one instead of eliminating the error, provided that this does not cause the Tenant serious difficulties.
3.14 In the case of an error which cannot be remedied and which prevents the thing from being properly used as a thing without error, the lessee has the right to exchange the thing or has the right to withdraw from the contract.
3.15 The same rights belong to the lessee in the case of remediable errors, but the lessee cannot use the thing properly due to the recurrence of the error after repair or due to a larger number of errors.
3.16 In the case of other irreparable errors, the lessee is entitled to a reasonable discount on the price of the service provided, respectively. provision of additional service.

Article 4

Complaints process

4.1 The Lessor is obliged to duly inform the Lessee about the conditions and method of the complaint, including information on where the complaint can be made in the form of this DP.
4.2 The Lessor is obliged to accept a complaint in any establishment in which the acceptance of a complaint is possible with regard to the conditions of the said DP with regard to the provided services and contractual conditions (they are part of each Vehicle Rental Agreement or are published on the Lessor's website). Each lessee has the opportunity to become acquainted with the specific contractual conditions at the latest when signing the Vehicle Lease Agreement, in order to avoid possible misunderstandings. All GTC and DPs are listed online and also freely available in a visible place accessible to the tenant in each operation of the landlord.
4.3 The Lessor or an employee authorized by him or another designated person is obliged to handle the complaint immediately, in complex cases within three working days, justified cases, especially if a complex technical assessment of the status of the provided service is required, no later than 30 days from the date of the complaint. The time needed for a professional assessment of the error is not included in this period. However, the settlement of the complaint may not take longer than 30 days. After this period, the consumer has the same rights as if it were an error which cannot be remedied.  
4.4 The Lessee is obliged to report to the Lessor about the incorrectly provided service without undue delay after finding the error or incorrectly provided service, by proving the errors of the provided service.
4.5 When making a complaint, the Lessor is obliged to issue a confirmation of receipt of the complaint to the Lessee, at least in electronic form.
4.6 An employee authorized to handle complaints must be present at the establishment during the operating hours.
4.7 The Lessor is obliged to keep records of complaints and submit them at the request of the supervisory authority. The record of the complaint must contain data on the date of the complaint, the date and the method of handling the complaint.
4.8. The lessee, who claims for errors, fills in a complaint protocol, in which he describes exactly the error and the way in which the error manifests itself, or in what way the service was incorrectly provided.  
4.9 Complaints are preferably processed in electronic form. The Lessee addresses the complaint by sending an email to the address of the complaints department of AVIS Slovakia customerservice@avis.sk via the complaint form.  
4.10 The Lessee is obliged to state the following information in the complaint form when making a complaint:  
4.10.1 proof of service provision (lease agreement, lease agreement number)
4.10.2 a written statement of any deficiencies,
4.10.3 proposal for resolving the complaint, resp. required way of resolving the complaint
4.10.4 claim for damages,
4.10.5 the contact address of the lessee (address, telephone number, e-mail), to which the lessor will be notified of the method of handling the complaint.
4.11 The Lessor shall issue to the Lessee a confirmation of the claim electronically in the form of registration and assignment of a registration number. The confirmation contains:  
4.11.1 the date of the complaint,
4.11.2 claimed deficiencies,
4.11.3 proposal for resolving the complaint by the lessee.
This information may be provided in a written complaint from the tenant.
4.12 The Lessor is not responsible for the failure to deliver the sent notice to the specified contact address.
4.13 The rights of the Lessee from the liability for the Lessor 's errors in providing the service to the Lessor arise only during the period of providing the service (rental of the vehicle.  
4.14 Complaints can be settled if the error occurred during the provision of the service by the lessor.
4.15 Complaints can be made only during the period of providing the service (rental of the vehicle), but no later than 14 working days after the provision of the service (expiry of the rental period).  
4.16 Complaints can always be made:
4.16.1. if the delivered service has not acquired its essence (the car rental has not been realized),
4.16.2. if deficiencies have occurred during the delivery of the service (vehicle rental).  
4.17 If any of the above conditions is not properly met by the tenant, the complaint will not be settled.
4.18 Complaints can be resolved: by a discount on the price of the service, elimination of an error, withdrawal from the contract, exchange of the object of lease or rejection by the lessor, depending on the type of error in accordance with Art. III., Points 3.11 to 3.16.
4.19 All legally claimed complaints will be settled free of charge.

Article 5

Final provisions

5.1 These complaint rules come into force and effect on 01.01.2021
5.2 The Lessor reserves the right to make changes to this DP without prior notice.
5.3 After each change of the DP, its full wording will be prepared, which will be available according to paragraph 5.5.
5.4 The complaint process is governed by the DP effective as amended at the time of providing the claimed service.
5.5 RP is available online at www.avis.sk and at the lessor's facilities 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.

AVIS Slovakia
United Rental Group, sro