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1. Introductory Provisions
1.1. This Complaints Procedure regulates the process for filing complaints regarding services provided by Fitak, s.r.o., with its registered office in Bratislava, Liptovský Ján 2079, 03203, ID No. (IČO): 45 629 901, registered in the Commercial Register of the District Court Žilina, Section Sro, Insert No. 84364/L (hereinafter referred to as the "Provider"). This includes accommodation, catering, and other hotel and supplementary services (hereinafter collectively referred to as "services") at the Spa & Wellness Hotel Fitak** Liptovský Ján** (hereinafter referred to as the "Hotel") by Hotel clients – natural persons in the position of a consumer pursuant to Section 2(a) of Act No. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"), in conjunction with Section 52(4) of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") (hereinafter referred to as the "Guest"). This Complaints Procedure also applies to claims regarding goods sold by the Provider.
1.2. Complaints from clients who are legal entities or natural persons – entrepreneurs who are not in the position of a consumer, shall be governed by the relevant provisions of Act No. 513/1991 Coll., Commercial Code, as amended (hereinafter referred to as the "Commercial Code").
1.3. The Complaints Procedure applies to the assertion of claims arising from defects in accommodation, catering, and other hotel and supplementary services provided by the Provider at the Hotel from the moment the Guest checks in until the end of their stay. It also applies to the sale of supplementary goods in the Hotel.
1.4. By means of this Complaints Procedure, and in accordance with Section 18(1) of the Consumer Protection Act, the Provider duly informs the customer about the conditions and manner of exercising rights from liability for defects (hereinafter referred to as a "complaint"), including information on how and where the complaint can be filed.
1.5. The provision of services is governed by the relevant provisions of the Civil Code in conjunction with the relevant provisions of the Consumer Protection Act and other generally binding legal regulations.
1.6. The Guest has the right to be provided with accommodation, catering, and other hotel and supplementary services in the agreed or standard scope, quality, quantity, and timeframe, and/or to goods of standard quality.
1.7. A complaint is the exercise of liability for defects in the provided service or defects in supplementary goods sold by the Provider to customers at the Hotel.
2. Liability for Defects
2.1. The Provider is liable for defects that the service has when provided to the Guest or that the sold goods have upon receipt by the Guest.
2.2. The provisions regarding the warranty period are governed by Sections 620 and 621 of the Civil Code in the case of a Guest who is a consumer; otherwise, they are governed by the relevant provisions of the Commercial Code.
2.3. A change in the goods that occurred during the warranty period as a result of wear and tear, improper use, or unauthorized or incorrect interference with the goods shall not be considered a defect.
2.4. The Guest is obliged to inspect and check the goods upon receipt and/or the service upon its provision.
2.5. Obvious defects are defects detectable upon receipt of the goods and/or the provided service (e.g., quantity discrepancy, poorly provided service), which the Guest is obliged to report to the Provider immediately.
2.6. The Provider is not liable for defects that the Guest knew about at the time of concluding the contract or, taking into account the circumstances under which the contract was concluded, must have known about, unless the defects relate to the properties of the provided service and/or goods that they were supposed to have according to the contract. The Provider is not liable for defects caused by the Guest themselves, nor for defects that the customer knew or must have known about before the start of the provision of services and/or receipt of goods, or if the customer was expressly and clearly warned about the defects of the services and/or goods by the Provider, nor for defects that arose as a result of force majeure.
Nech sa páči, pokračujeme v preklade tretieho bodu, ktorý definuje kedy a ako má Hosť uplatniť svoje nároky. Opäť som dbal na presnosť právnych výrazov ako „bez zbytočného odkladu“ či „primeraná zľava“.
3. Guest's Right to File a Complaint
3.1. If the services provided to the Guest at the Hotel are of lower quality or lesser scope than previously agreed upon or than standard, the Guest has the right to file a complaint. The Guest may exercise their right to a complaint through the right to rectification, completion, replacement, provision of a new service, or a reasonable discount from the price of the services paid by them.
3.2. The Guest is obliged to assert claims arising from defects in services and/or goods (a complaint) without undue delay after discovering the reasons for filing a complaint (defect or defects in services and/or goods). In the case of services, no later than the end of the stay; and in the case of goods, no later than the expiration of the warranty period; otherwise, the right to a complaint expires. The Provider shall not take into account complaints filed after the specified deadline.
3.3. The Guest is obliged to file a complaint regarding services and/or goods in person with the responsible employee of the Provider according to point 4.6 of this Complaints Procedure. The Guest is obliged to file a complaint regarding defects in goods that occur during the warranty period (hidden defects) in person with the responsible employee of the Provider according to point 4.6 of this Complaints Procedure, or in writing to the Provider's registered office address, or electronically via e-mail sent to: info@hotelfitak.sk. In the case of filing a complaint regarding goods in writing or electronically, the customer is obliged to send the complained goods to the address specified by the Provider upon the customer's filing of the complaint.
3.4. Upon the filing of a complaint, the Provider is obliged to accept the Guest's complaint at the Hotel through an authorized employee of the Provider.
4. Manner and Deadlines for Filing a Complaint.
Rights and Obligations of the Guest During the Complaint Procedure, Cooperation of the Guest.
4.1. If the Guest discovers reasons and facts that may be the subject of a complaint, they are obliged to file any such complaint immediately, without undue delay, with the responsible employee of the Provider.
4.2. When filing a complaint, the Guest is obliged to present a proof of purchase for the services and/or goods (order, invoice, cash register receipt, contract, etc.), if such proof is available.
4.3. If the nature of the complained performance requires it, it is necessary for the Guest to also present the item whose defect is being claimed within the complaint procedure.
4.4. The responsible employee shall record the filed complaint in a complaint protocol, stating the circumstances of the complaint and the defects reported by the customer. The Provider shall issue a confirmation of the filed complaint to the Guest. After a careful examination of the filed complaint, the Provider shall decide on the method of resolving the complaint immediately, or in more complex cases, within 3 working days. If it is not possible to resolve the complaint within the period specified in the previous sentence, the Provider shall inform the Guest of the deadline for resolving the complaint. The period for resolving a complaint must not exceed 30 days from the date it was filed. For the purpose of resolving the complaint, the Guest is obliged to provide contact information through which they will be notified of the outcome in the event that the complaint cannot be resolved immediately after being filed directly at the Hotel.
4.5. The Guest is obliged to provide the cooperation necessary to resolve the complaint, in particular, to provide information on objective facts regarding the complaint. If the nature of the complaint requires it, the Guest shall allow the Provider's employees access to the premises provided to them for temporary accommodation, in order to verify the merits and legitimacy of the complaint.
5. Resolution of Complaints
5.1. Remediable Defects: In the event of a remediable defect, the Guest has the right to request the Provider to rectify the defect properly, in a timely manner, and free of charge.
5.1.1. Regarding accommodation services, the Guest has the right to the free, proper, and timely removal of deficiencies.
5.1.2. Regarding catering services, if the correct quality, weight, temperature, or measure is not maintained, the Guest has the right to request the free, proper, and timely removal of the defect. Deficiencies regarding the quality of food and drinks intended for immediate consumption must be claimed by the Guest immediately upon discovery, directly in the restaurant with the service staff (i.e., no more than 1/4 of the portion of food or drink should be consumed). If the discovered deficiencies concern the quantity or weight of food and/or drinks intended for immediate consumption, the Guest must claim them before starting consumption (i.e., before the first taste).
5.1.3. In the Spa & Wellness services department, the Guest has the right to the free, proper, and timely removal of deficiencies, which they shall report to a Hotel employee immediately upon discovery.
5.1.4. If it is a remediable defect of goods, the Guest has the right to have such defect removed free of charge, in a timely and proper manner. Instead of defect removal, the Guest may request a replacement of the goods, or if the defect concerns only a part of the goods, replacement of that part, provided that this does not result in disproportionate costs for the Provider with regard to the price of the goods or the severity of the defect. The Provider may always replace defective goods with flawless ones instead of removing the defect, provided this does not result in disproportionate costs.
5.2. Irremediable Defects
5.2.1. If it is not possible to remove technical defects in accommodation services and if the Provider cannot provide the Guest with other alternative accommodation or provide accommodation in another room of the same category in the Hotel, and if accommodation is provided in the given room despite these defects, the Guest has the right to a reasonable discount from the price of accommodation upon agreement with the Provider. Otherwise, the Guest has the right to withdraw from the contract before the first overnight stay and receive a refund of the paid price for accommodation services. If, due to a unilateral decision of the Provider, a significant change occurs in the accommodation compared to the accommodation ordered by the Guest and confirmed by the Provider in the Accommodation Agreement, and the Guest does not agree to the provided alternative accommodation, the Guest also has the right to withdraw from the Accommodation Agreement before the overnight stay and receive a refund of the price.
5.2.2. If it is not possible to remove defects in catering services, the Guest has the right to a complete replacement of the food or drink or a refund of the paid price.
5.2.3. If it is not possible to remove a defect or defects in the Spa & Wellness services department, the Guest has the right to a reasonable discount from the service price or to withdraw from the contract before the start of the service provision and receive a refund of the paid service price. If the Guest asserts claims from a service defect only after it has been fully provided and consumed, the complaint cannot be recognized as justified.
5.2.4. If it is an irremediable defect of goods that prevents the goods from being properly used as a defect-free item, the Guest has the right to a replacement of the goods or the right to withdraw from the contract with the Provider. This also applies in the case of remediable defects where the Guest cannot properly use the goods due to the recurrence of the defect after repair or due to a larger number of defects. In the case of other irremediable defects, the Guest has the right to a reasonable discount from the price of the goods.
5.3. The Guest has the right to reimbursement of necessary costs incurred in connection with filing a complaint.
5.4. The Provider reserves the right to an individual assessment of each individual complaint case.
6. Personal Data Protection
6.1. Information regarding the protection of personal data is provided in the Provider's Privacy Policy and Personal Data Processing Principles, which are published on the website: www.hotelfitak.sk/gdpr.
7. Final Provisions
7.1. Alternative Dispute Resolution: If a Guest – as a consumer (a natural person who does not act within the scope of their business, employment, or profession when concluding and performing a consumer contract) – is not satisfied with the way the service provider as the seller resolved their complaint or believes that the Provider has violated their rights, the customer has the right to contact the operator as the seller with a request for rectification. If the Provider responds negatively to the Guest's request or fails to respond within 30 days from the date of sending the request, the Guest has the right to submit a proposal for the initiation of alternative dispute resolution to an alternative dispute resolution entity pursuant to Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, as amended. The competent entity for alternative resolution of consumer disputes with the provider as the seller is the Slovak Trade Inspection (Slovenská obchodná inšpekcia), which can be contacted for this purpose at the address: Central Inspectorate of the SOI, Bajkalská 21/A, 827 99 Bratislava 27, P.O. Box 29, or electronically at ars@soi.sk or adr@soi.sk.
7.2. This Complaints Procedure enters into force and takes effect on February 1, 2024.
7.3. The Complaints Procedure is published on the Hotel's website www.hotelfitak.sk and is available at the Hotel's reception. By accepting the service and/or receiving the goods, the consumer confirms that they have been familiarized with this Complaints Procedure, as stated in the Hotel's General Terms and Conditions.
In Liptovský Ján, on February 1, 2024
Olga Michalchenko, Managing Director
