Service provider.
Ivanská cesta 4358/43, 821 04 Bratislava
IČO: 44 560 940
VAT: SK2022746396
Registered in the Commercial Register of OS Bratislava I, Section: Sro, Entry No. 56233/B
This Complaint Procedure (hereinafter referred to as "CP") regulates the procedure for making a complaint about services provided by the service provider (hereinafter referred to as "Complaint Procedure") between the service provider United Rental Group, s. r. o. and the company United Rental Group, s. r. o. (hereinafter referred to as "URG"), which may be represented by the company's contracted dealers (hereinafter referred to as "lessor") and the final customer - consumer, which is a natural person who does not act within the scope of his/her trade or other entrepreneurial activity (hereinafter referred to as "lessee") when concluding and performing a consumer contract.
The RP regulates the complaint procedure in particular in accordance with Section 18(1) of Act No. 250/2007 on Consumer Protection, Act No. 40/1964 Coll., the Civil Code (all the aforementioned acts as amended), as well as other generally binding legal regulations of the Slovak Republic.
The RP applies to all services of the lessor provided by the lessee.
For the purposes of the RP, a claim shall be understood as an application of liability for defects in the service and the settlement of the claim and the subsequent termination of the claim procedure.
Prevention
1.1 Before hiring, it is necessary to read the landlord's general terms and conditions (hereinafter referred to as "GTC").
1.2 By concluding the service contract, the hirer agrees to the Complaints Procedure and acknowledges that he/she has been informed of its contents.
1.3 When taking delivery of the vehicle from the person authorised by the lessor, it is necessary to inspect the vehicle thoroughly and to ensure that any damage found on the vehicle is recorded in the vehicle acceptance report.
1.4 When collecting the vehicle from the person authorised by the lessor, you must carefully read the information about the vehicle in the vehicle registration certificate and the vehicle manual.
1.5 If the hirer has been involved in an accident, he/she is obliged to provide the lessor with a completed accident report, signed by all parties involved in the accident. If the hirer was not at fault for the accident and does not have the accident report, the lessor has the right to claim damages and lost profits from the hirer.
1.6 If the vehicle is damaged during the rental period as part of one insured event, but the vehicle is damaged on two or more sides, it is necessary for the renter to document the accident scene photographically. The photographs shall then be provided to the lessor to prove that the damage occurred in a single insured event, otherwise the lessor shall be entitled to claim compensation for each damage separately.
1.7 It may take up to 7 working days to credit the tenant's account after the deposit has been cancelled, depending on the time taken by the tenant's bank to process the funds. If no reasons for the deposit to be held any longer have been found during the vehicle inspection, the cancellation of the deposit is carried out by the lessor's employee immediately after the vehicle has been taken over from the lessee via the POS terminal. For cases where the deposit has not been credited back to the lessee's account, we recommend contacting the bank that issued the payment card to the lessee.
Basic conditions for claims
2.1 Every hirer has the right to good quality service, to make a complaint, to compensation for damages, to education, information, to protection of his/her health, safety and economic interests, and to lodge complaints and complaints with the supervisory authorities and the municipality in the event of a breach of his/her statutory consumer rights.
2.2 Every tenant has the right to protection against unfair terms in consumer contracts.
2.3 The tenant may seek protection of his/her rights against the violator in court, against violation of the rights and obligations established by law in order to protect the consumer.
2.4 The lessor shall:
(a) deliver the services to the extent and on such terms as have been agreed and allow the lessee to check the accuracy of these particulars,
b) provide the services at the agreed prices,
(d) charge the correct prices for the provision of the services,
(c) unless the contract otherwise requires, the period within which the service is to be provided or the goods are to be delivered shall commence from the date of conclusion of the contract. However, if the contract requires the hirer to fulfil certain obligations before the service is provided or the goods are delivered, that period shall not begin to run until the date on which that obligation is fulfilled.
(d) to ensure that the services are provided in a manner that permits their safe use.
2.5 The lessor must not:
(a) impose an obligation without legal justification,
b) deny the rights within the meaning of Article 2 of this RP and Section 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 possibilities; it may not tie the provision of a service to the sale of another product or to the provision of another service. This does not apply if the lessee does not meet the conditions for the provision of the service.
2.7 The lessor may not deceive the lessee, in particular to provide false, unproven, incomplete, inaccurate, unclear or ambiguous information or to conceal information about the characteristics of the service or about the purchase conditions, whereby the offer or provision of services that infringe intellectual property rights shall also be deemed to be deceiving 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 is clear from the contract or the purpose of the contract, which was known to the lessor when the contract was entered into, that the time for delivery within that period is to be determined by the lessee,
(c) unless the contract provides otherwise, the period within which the service is to be provided begins to run from the date of conclusion of the contract. However, if the contract requires the hirer to fulfil certain obligations before the service is provided, that period shall not begin to run until the date on which that obligation is fulfilled.
2.9 The landlord must issue the tenant with a tenancy agreement which states:
2.9.1 the business name, identification number and registered office of the lessor,
2.9.2 the address of the premises,
2.9.3 the date of delivery of the service,
2.9.4 the identification of the service,
2.9.5 the price of the service and the total price to be paid by the hirer/till.
2.10 Where a service is provided with a subsequent delivery, the document must include the destination, date and time of delivery.
Liability for defects
3.1 The lessor shall be liable for any defects in the service provided upon acceptance by the lessee.
3.2 The hirer is obliged to acquaint himself with the content of the service provided at the latest after the risk of damage to the service provided has passed, taking into account the nature of the service provided.
3.3 If the hirer fails to inspect or arrange for the object of the service provided to be inspected at the time of the passage of the risk of damage to the service provided, the hirer may only make claims for defects detectable on such inspection if he proves that the object of the service provided already had such defects at the time of the passage of the risk of damage to the service provided.
3.4 In the case of a service rendered at a lower price, he shall not be liable for the defects for which the lower price was agreed.
3.5 An alteration of the object of the service rendered which has occurred in the course of the service rendered as a result of wear and tear or improper use or improper intervention shall not be deemed to be a defect.
3.6 The hirer is obliged to inspect the delivered service or the object of the delivered service upon its acceptance and to claim obvious defects.
3.7 Obvious defects are considered to be defects detectable upon acceptance of the service, in particular a poorly provided service.
3.8 The lessee shall immediately notify the lessor of any apparent defects found, who shall remedy the defect by rectifying the claimed defect in the service or by replacing the subject of the service or by reducing the price.
3.9 Later complaints of this type will not be accepted by the Lessor and such complaint is unjustified.
3.10 The Lessor shall not be liable for defects if:
(a) the hirer knew at the time the contract was made of the defect or, having regard to the circumstances in which the contract was made, ought to have known only that the defects relate to a characteristic of the service provided which the contract required the hirer to have or should have had,
(b) the hirer himself caused the defect in the service rendered,
(c) the hirer knew of the defect in the service or was expressly and clearly advised of the defect or defective service before taking delivery of the service, and where a discount has been given on the price of the service because of the defect or defective service,
(d) the defects have arisen at the time of the provision of the service as a result of wear and tear on the subject-matter of the service caused by normal use, misuse or excessive use,
(f) the defects have been caused by tampering by an unauthorised person with the subject matter of the service or its components,
(g) the service is claimed after the expiry of the time limit laid down in Article 4, point 4.15,
h) the defects are due to a natural disaster,
i) they are caused (intentionally or unintentionally) by improper or excessive use of the object of the service, improper care, improper servicing.
3.11 If it is a defect that can be rectified, the Lessee has the right to have it rectified free of charge, in a timely and proper manner. The lessor is obliged to remove the defect without undue delay.
3.12. The Lessee may, instead of removing the defect, demand the replacement of the object of the lease or, if the defect relates only to a part of the object, the replacement of the part, unless the Lessor incurs disproportionate costs in relation to the price of the service rendered or the seriousness of the defect.
3.13 The lessor may always replace the defective item with a defect-free one instead of removing the defect, unless this causes the lessee serious inconvenience.
3.14 If there is a defect which cannot be removed and which prevents the thing from being properly used as a thing without defect, the tenant has the right to have the thing replaced or to withdraw from the contract.
3.15 The same rights belong to the lessee if the defects are remediable but the lessee cannot properly use the thing because of the recurrence of the defect after repair or because of a greater number of defects.
3.16 If there are other irremediable defects, the lessee is entitled to a reasonable discount on the price of the service provided or the provision of an extra service.
Complaint process
4.1 The lessor shall duly inform the lessee about the conditions and method of complaint, including details of where the complaint can be made in the form of this RP.
4.2 The Lessor is obliged to accept the claim at any establishment where acceptance of the claim is possible in view of the terms of the said RP with respect to the services provided and the terms and conditions (which are included in each Vehicle Rental Agreement or published on the Lessor's website). Each hirer has the possibility to get acquainted with the specific terms and conditions at the latest when signing the Vehicle Hire Contract in order to avoid any misunderstandings. All GTC and RP are listed online and are also freely available in a prominent place accessible to the lessee at each of the lessor's premises.
4.3 The lessor or an employee authorised 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, in particular if a complex technical evaluation of the condition of the service provided is required, no later than within 30 days from the date of the complaint. This time limit shall not include the time required for a professional assessment of the defect. However, it may not take longer than 30 days to process the complaint. After the expiry of this period, the consumer shall have the same rights as if the defect were one that could not be rectified.
4.4 The tenant shall report to the landlord the defective service without undue delay after he has discovered the defect or the defective service by demonstrating the defect in the service provided.
4.5 The Landlord shall, on making a claim, issue the Tenant with a receipt for the claim, at least in electronic form.
4.6 A member of staff authorised to deal with complaints must be present at the premises during opening hours.
4.7 The landlord must keep a record of the complaint and submit it to the supervisory authority upon request. The complaint record must contain details of the date on which the complaint was made, the date and manner in which the complaint was dealt with.
4.8 A tenant who makes a claim for defects shall complete a claim record describing the defect and the precise manner in which the defect manifests itself or the manner in which the service was defectively provided.
4.9 Claims shall preferably be handled electronically. The Lessee shall address the complaint by sending an email to the address of the complaints department of AVIS Slovakia customerservice@avis.sk via the complaints form.
4.10 The Lessee is obliged to provide the following information in the complaint form:
4.10.1 proof of service provision (rental agreement, rental agreement number)
4.10.2 a written statement of any deficiencies,
4.10.3 a proposal for resolving the complaint or the requested method of resolving the complaint
4.10.4 a proposal for compensation,
4.10.5 the contact address of the tenant (address, telephone number, e-mail) to which the landlord will be notified of the method of handling the complaint.
4.11 The Lessor shall issue the Lessee with a confirmation of the claim by electronic registration and assignment of a registration number. The confirmation shall include:
4.11.1 the date of the claim,
4.11.2 the defects complained of,
4.11.3 the Tenant's proposal for resolving the complaint.
These details may be provided on a written complaint from the tenant.
4.12 The Landlord shall not be liable for the failure to deliver the notice sent to the contact address provided.
4.13 The hirer's rights under the liability for the hirer's errors in the provision of the service by the hirer only arise during the period of the provision of the service (hire of the vehicle.
4.14 A claim will be able to be settled if the fault occurred during the provision of the service by the lessor.
4.15 Complaints can only be made during the period of the service (rental of the vehicle) , but no later than 14 working days after the service has been provided (expiry of the rental period).
4.16 A complaint can always be made:
4.16.1. if the delivered service has not acquired its substance (the rental of the vehicle has not been carried out),
4.16.2. if during the delivery of the service (rental of the vehicle) deficiencies have been discovered.
4.17 If any of the above conditions are not duly fulfilled by the hirer, the claim cannot be settled.
4.18 The complaint may be resolved by: a discount on the price of the service, rectification of the defect, withdrawal from the contract, replacement of the rental object or rejection by the lessor, depending on the type of defect in accordance with Article III, clauses 3.11 to 3.16.
4.19 All rightful claims shall be processed free of charge.
Final provisions
5.1 These Complaints Regulations shall enter into force and effect on .............
5.2 The Lessor reserves the right to make changes to this RP without prior notice.
5.3 After each change to the RP, a complete version of the RP shall be made available pursuant to clause 5.5.
5.4 The complaints process shall be governed by the RP in force at the time of the provision of the service complained of.
5.5 The RP is available online at www.avisvan.sk and at the Landlord's premises in a prominent place accessible to the Tenant.
5.6 Legal relations not governed by this RP are governed by the laws of the Slovak Republic.
AVIS Slovakia
United Rental Group, s.r.o.
Complaints Protocol EN
Complaints protocol EN