Alternative dispute resolution
Villa Betula Resort
Brnice 166, 032 23 Liptovská Sielnica
Company name: iconiX SE, Pionierska 1587/13, 831 02 Bratislava
Company ID: 51157250
VAT ID: SK2112709250
The company is registered in the Commercial Register of the District Court in Bratislava I in Section Po. as Entry No. 5402/B.
To ensure the correct handling of complaints regarding deficiencies in goods and services sold and provided at Villa Betula Resort ***, based on Act No. 634/1992 Coll. as amended and Act No. 40/1964 Coll., The Civil Code, as amended, issues the following complaints procedure:
Title I. Right to warranty claim
- The client has the right to claim any defects of provided services and defects of purchased goods, including the right to remove them, replace them, supplement them, or to provide a new service or a reasonable discount on agreed price of paid services or goods.
Title II. Subject of warranty claim
- Defects in quality of food and beverages intended for immediate consumption are claimed by the client in the restaurant immediately upon discovery of deficiencies, especially directly with waitress or bartender.
- If deficiencies in food and drink for immediate consumption relate to quantity and weight, they must be claimed before consumption begins.
- Complaints about deficiencies of other goods or services are made by the client especially in the restaurant or reception desk, where the goods or services were purchased, immediately or without undue delay, based on the proof of purchase. Complaints may not be accepted without submission of proof of purchase.
- Complaints about shortcomings in accommodation can be made especially at the hotel reception desk staff without undue delay. The right to claim shortcomings in accommodation will expire unless it was applied before the client's check-out.
- When submitting a complaint, the client shall submit all relevant documents on the provision of the service or the acquisition of goods for which it complains of a defect or lack.
Title III. Procedure for handling complaints
- Catering services
- Food defects are considered unremovable. If there is a defect in food, meal or drink, the client has the right to request their replacement or refund of the paid amount or a discount.
- If the correct quality, weight, quantity or temperature of meals or drinks is not in compliance, the client has the right to demand free, proper and immediate removal of this deficiency.
- Accommodation services
The client is entitled to demand free, proper and early removal of deficiencies, namely:
- Replacing defective or adding a small room equipment.
- If it is not possible to remedy technical defects in the room assigned to the client (failure of the heating system, low water pressure, lack of hot water, failure in the electricity supply, etc.) and if the pension or hotel cannot offer the client other accommodation, and if the room will still be provided to the client in spite of these defects, the client has the right to a discount of the basic price of accommodation after a mutual agreement or to withdraw from the contract before spending the night and to get back the paid price for accommodation.
- Complaints are handled by the operation manager or an employee authorized by him, who is obliged to examine the complaint and decide the way of its handling. If it is not possible to settle the claim by agreement, the operation manager or an authorized employee is obliged to write a record of the claim with the client. In this record the client shall state the exact description of the provided service or purchased goods, the time when the service was provided or the goods were purchased and a description of their deficiency.
Title IV. Alternative dispute resolution
- The buyer has the right to ask the seller for redress if he feels that the seller has violated his rights or failed to settle the claim to the consumer's satisfaction. If the seller has dismissed his request to remedy the violation of his consumer rights, or has not responded to his request for more than 30 days, the consumer may file an alternative dispute resolution to alternative dispute resolution entity (hereinafter referred to as ADR entity) based on Act 391/2015 Coll. on alternative dispute resolution. Pursuant to §3 of Act No. 391/2015 Coll. ADRs are authorities and authorized legal entities. The consumer has the right to choose between ADR entities. The consumer may file a petition in a manner determined per §12 of Act No. 391/2015 Coll.
- The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic - http://www.mhsr.sk/. This page also provides other important information on ADR for consumers.
- In the case of the sale of goods or providing services under a distance or off-premises contract of the seller, the consumer also has the right to contact the seller for redress (by email at firstname.lastname@example.org) if he is not satisfied with the way the seller settled his claim or if he believes that the seller violated his rights. If the seller refuses to respond to this request or fails to respond within 30 days of its dispatch, the consumer has the right to file an alternative dispute resolution to alternative dispute resolution entity (hereinafter referred to as ADR entity) based on Act 391/2015 Coll. ADR entities are authorities and authorized legal entities pursuant to §3 of Act No. 391/2015 Coll. The consumer may file a petition in a manner determined per §12 of Act No. 391/2015 Coll. The consumer can also submit a petition through the Alternative Dispute Resolution ODR platform available online at http://ec.europa.eu/consumers/odr/.
- Only disputes arising from the contract between the seller and the consumer and related disputes may be resolved by the ADR, except disputes per the provision §1 par. 4 of Act No. 391/2015 Coll. and disputes which value is no more than 20€. A petition to initiate an ADR is submitted to an ADR entity per the provision §3 of the cited Act, with the help of a platform or a form designated for that purpose, a specimen of which is attached to Annex no. 1 of the cited Act. An ADR entity may require the consumer to pay a fee for starting an ADR, up to a maximum of 5€ with VAT. If several ADR entities are competent, the consumer may have the right to choose to which of them he will file a petition by. In addition to ADR, the consumer has the right to apply to the substantively and locally competent general or arbitral tribunal.
In Liptovská Sielnica, date 2.1.2020