Claim policy
AVIS SLOVAKIA COMPLAINT RULES
Service provider: United Rental Group, s.r.o
Ivanská cesta 4358/43, 821 04 Bratislava
ID: 44 560 940
VAT number: SK2022746396
Registered in the commercial register of OS Bratislava I, Section: Sro, Insert no. 56233/B
PREAMBLE
This complaint procedure (hereinafter only "RP") regulates the procedure for applying a complaint to services provided by the service provider (hereinafter only "complaint procedure") between the service provider company United Rental Group, s.r.o. (hereinafter only "URG"), which may be represented contractual sellers of the company (hereinafter referred to as the "lessor") and the final customer - a consumer, who is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity or other business activity (hereinafter referred to as the "tenant").
RP 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 by later legal regulations), as well as other generally binding legal regulations of the Slovak Republic.
RP applies to all services of the lessor provided to the lessee.
For the purposes of RP, a complaint is understood as the application of responsibility for service errors and the processing of the 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 "T&C") of the lessor.
1.2 By concluding the contract for the provision of the service, the tenant agrees to the complaint procedure and confirms that he was familiar with its content.
1.3 When taking over the vehicle from a person authorized by the lessor, it is necessary to check the vehicle thoroughly and ensure that all damages found on the vehicle are recorded in the vehicle takeover protocol.
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 listed in the vehicle's technical license and the vehicle's manual.
1.5 If the tenant was involved 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 at fault for the accident and does not have an accident report, the lessor has the right to demand compensation for damages and lost profit from the lessee.
1.6 If during the rental the vehicle was damaged in one insurance event, but the vehicle is damaged on two or more sides, it is necessary for the lessee to document the scene of the accident photographically. The photos will then be provided to the lessor to prove that the damage occurred in one insurance event, otherwise the lessor has the right to claim compensation for each damage separately.
1.7 Crediting funds to the tenant's account after cancellation of the deposit may take up to 7 working days, depending on the time required for the processes in the tenant's bank. If during the inspection of the vehicle no facts were found for which the deposit should be kept, the lessor's employee cancels the deposit immediately after taking over the vehicle from the lessee via the POS terminal. In cases of uncredited deposit back to the tenant's account, we recommend contacting the bank that issued the tenant's payment card.
Article 2
Basic conditions of the complaint
2.1 Every tenant has the right to good quality services, to file a complaint, compensation for damage, education, information, protection of his health, safety and economic interests and to submit suggestions and complaints to the supervisory authority and the municipality in case of violation of the consumer's rights granted by law.
2.2 Every tenant has the right to protection against unacceptable terms in consumer contracts.
2.3 The lessee may claim protection of his rights against the violator in court, against the violation of rights and obligations established by law with the aim of protecting the consumer.
2.4 The lessor is obliged to:
a) deliver services to the extent and under such conditions as were agreed and enable the lessee to check the correctness of these data,
b) provide services at agreed prices,
d) correctly charge prices for the provision of services,
c) unless otherwise stated in the contract, the period in which the service is to be provided or the goods delivered starts from the date of conclusion of the contract. However, if, according to the contract, the lessee has to fulfill certain obligations even before the provision of the service or the delivery of the goods, this period begins to run only from the date of fulfillment of this obligation.
d) ensure the provision of services in a way that enables their safe use.
2.5 The lessor may not the lessee:
a) impose an obligation without a legal reason,
b) to deny rights in accordance with Art. 2 of this RP 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; 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 lie to the lessee, in particular, provide false, unsubstantiated, incomplete, inaccurate, unclear or ambiguous data, or withhold information about service features or purchase conditions, while offering or providing services infringing intellectual property rights is also considered lying to the lessee.
2.8 The lessor is obliged to provide the service:
a) on the date specified in the contract,
b) at any time during the period specified in the contract, unless it follows from the contract or the purpose of the contract, which was known to the lessor when the contract was concluded, that the lessee determines the delivery time within this period,
c) unless otherwise stated in the contract, the period in which the service is to be provided starts from the date of conclusion of the contract. However, if, according to the contract, the lessee has to fulfill certain obligations even 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 a lease agreement to the lessee, which states:
2.9.1 business name, identification number and registered office of the lessor,
2.9.2 business address,
2.9.3 service delivery date,
2.9.4 service identification,
2.9.5 the price of the service and the total price to be paid by the tenant/tel.
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 in the provided service upon acceptance by the lessee.
3.2 The lessee is obliged to familiarize himself with the content of the provided service no later than after the danger of damage to the provided service has passed, taking into account the nature of the service provided.
3.3 If the lessee does not inspect the object of the service provided or does not arrange for it to be inspected at the time when the risk of damage to the provided service passes, he can make claims from defects detectable during this inspection, only if he proves that the object of the service already had these defects at the time when the risk of damage to the provided service passed. the service provided.
3.4. When the service is provided at a lower price, he is not responsible for errors for which a lower price was negotiated.
3.5 A change in the object of the provided service that occurred during the course of the service as a result of its wear and tear, or improper use or improper intervention cannot be considered an error.
3.6 The lessee is obliged to check the delivered service, or subject of the delivered service upon receipt and to complain about obvious errors.
3.7 Obvious errors are considered to be errors that can be detected when taking over the service, and in particular a poorly provided service.
3.8 The lessee is obliged to immediately notify the lessor of discovered obvious errors, who will remedy the defect by removing the claimed service error or replacing the object of the service or reducing the price.
3.9 Later complaints of this type will not be accepted by the lessor and such a complaint is unauthorized.
3.10 The lessor is not responsible for errors if:
a) at the time of the conclusion of the contract, the lessee knew about the defect or, taking into account the circumstances under which the contract was concluded, he must have known, except that the defects relate to the characteristics of the service provided, which it had or should have had according to the contract,
b) the lessee caused the error in the service provided himself,
c) the tenant knew about the service error before taking over the service, or was expressly and clearly notified of the error or defective service and if a discount was provided from the price of the service for the error or defective service,
d) errors occurred during the provision of the service as a result of wear and tear of the object 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 object of the service or its components,
g) the service is advertised after the expiry of the period specified in Art. 4, point 4.15,
h) errors arose as a result of a natural disaster,
i) were caused by (intentional or unintentional) improper or excessive use of the object of service, its improper care, improper service.
3.11 If it is a defect that can be removed, the tenant has the right to have it removed free of charge, in a timely manner and properly. The lessor is obliged to remove the error without undue delay.
3.12. Instead of removing the defect, the lessee may demand the replacement of the object of the lease, or if the defect concerns only a part of the thing, the replacement of the part, if this does not result in unreasonable costs for the lessor considering the price of the service provided or the seriousness of the defect.
3.13 The lessor can always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious difficulties for the lessee.
3.14 If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the lessee has the right to exchange the item or withdraw from the contract.
3.15 The same rights belong to the lessee if there are defects that can be removed, but the lessee cannot properly use the item due to the reoccurrence of the defect after repair or due to a larger number of defects.
3.16 If there are other irreparable errors, the lessee has the right to a reasonable discount from the price of the service provided, or provision of an additional service.
Article 4
Complaints process
4.1 The lessor is obliged to properly inform the lessee about the conditions and method of complaint, including information on where the complaint can be made in the form of this RP.
4.2 The lessor is obliged to accept the complaint in any operation in which the acceptance of the complaint is possible due to the conditions of the mentioned RP with regard to the services provided and the contractual conditions (they are part of every vehicle rental agreement or are published on the lessor's website). Each lessee has the opportunity to become familiar with the specific terms and conditions at the latest when signing the Vehicle Lease Agreement, in order to avoid possible misunderstandings. All GTC and RP are listed online and also freely available in a visible place accessible to the tenant in each establishment of the landlord.
4.3 The landlord or an employee authorized by him or another person designated for this purpose is obliged to handle the complaint immediately, in complex cases within three working days, in justified cases, especially if a complex technical evaluation of the state of the service provided is required, no later than 30 days from the date of application of the complaint. This deadline does not include the time required for expert assessment of the error. However, the handling of the complaint may not take longer than 30 days. After this period, the consumer has the same rights as if it were a fault that cannot be removed.
4.4 The lessee is obliged to report to the lessor about the erroneously provided service without undue delay after discovering the error or the erroneously provided service, by proving the errors of the provided service.
4.5 When making a claim, the lessor is obliged to issue the lessee with a confirmation of receipt of the claim, at least in electronic form.
4.6 An employee authorized to handle complaints must be present in the establishment during 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 claim must contain data on the date of application of the claim, the date and method of settlement of the claim.
4.8. The tenant, who makes claims from errors, fills out a complaint protocol in which he describes exactly the error and the way in which the error manifests itself, or in which way the service was erroneously provided.
4.9 Complaints are preferably processed electronically. The tenant addresses the complaint by sending an email to the address of the complaints department of AVIS Slovensko customerservice@avis.sk using the complaint form.
4.10 The tenant is obliged to provide the following information in the complaint form when making a complaint:
4.10.1 proof of service provision (lease agreement, number of the lease agreement)
4.10.2 written statement of all deficiencies,
4.10.3 proposal for resolving the complaint, or the requested way of resolving the complaint
4.10.4 proposal for damages,
4.10.5 contact address of the lessee (address, telephone number, e-mail), to which the lessor will be informed about the method of handling the complaint.
4.11 The lessor issues the lessee a confirmation of the application of the claim by electronic registration and assignment of a registration number. The confirmation includes:
4.11.1 the date of application of the claim,
4.11.2 claimed deficiencies,
4.11.3 a proposal to resolve a complaint by the lessee.
These data can be stated on a written complaint from the tenant.
4.12 The lessor is not responsible for the fact that the notification sent to the given contact address could not be delivered.
4.13 The lessee's rights from responsibility for the lessor's errors in the provision of the service by the lessor arise only during the period of service provision (vehicle rental.
4.14 The claim can be processed if the error occurred during the provision of the service by the lessor.
4.15 Complaints can only be made during the period of service provision (vehicle rental), but no later than 14 working days after service provision (expiration of the rental period).
4.16 A complaint can always be made:
4.16.1. if the delivered service did not acquire its essence (vehicle rental was not implemented),
4.16.2. if deficiencies appeared during the delivery of the service (implementation of the vehicle rental).
4.17 If any of the mentioned conditions are not properly fulfilled by the tenant, the claim cannot be settled.
4.18 The complaint can be resolved by: discounting the price of the service, removing the error, withdrawing from the contract, exchanging the object of the lease or rejection by the lessor, according to the type of error in accordance with Art. III., point 3.11 to 3.16.
4.19 All legitimate claims will be handled free of charge.
Article 5
Final provisions
5.1 This complaint procedure becomes valid and effective on 01.01.2019
5.2 The lessor reserves the right to change these RP without prior notice.
5.3 After each change to the RP, its full wording will be prepared, which will be available according to paragraph 5.5.
5.4 The complaint process is governed by the RP in effect at the time of provision of the complained service.
5.5 RP is available online at www.avis.sk and at the lessor's premises in a visible place accessible to the lessee.
5.6 Legal relationships not regulated by this RP are governed by the laws of the Slovak Republic.
AVIS Slovakia
United Rental Group, s.r.o