Service provider: RUMAPEX s.r.o.
Kapitulská 454/12, 917 01 TrnavaIČO: 51 425 041Registered in the Commercial Register of the Trnava District Court, Section: Sro, Insert No. 55759/T
PREAMBLE
This Complaints Procedure (hereinafter referred to as the "RP") regulates the procedure for filing a complaint about the services provided by the Service Provider (hereinafter referred to as the "Complaint Procedure") between the Service Provider, RUMAPEX s.r.o., (hereinafter referred to as the "Lessor") and the End Customer – a consumer, who is a natural person who, when concluding and performing a consumer contract, does not act within the scope of his/her business or other business activity (hereinafter referred to as the "Lessee").
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 above-mentioned acts, as amended), as well as other generally binding legal regulations of the Slovak Republic.
RP applies to all the services of the landlord provided by the tenant.
For the purposes of RP, a complaint means the application of liability for service defects and the settlement 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 the "GTC") of the lessor.
1.2 By concluding a contract for the provision of services, the Lessee agrees with the Complaints Procedure and confirms that he has been acquainted with its contents.
1.3 When taking over the vehicle from the person authorized by the lessor, it is necessary to thoroughly inspect the vehicle and make sure that any damage found on the vehicle is recorded in the vehicle's acceptance report.
1.4 When taking over a vehicle from a person authorized by the lessor, it is necessary to carefully read the vehicle information provided in the vehicle registration certificate and in the vehicle manual. 1.5 If the lessee 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 tenant was not at fault for the accident and does not have an accident report, the landlord has the right to claim damages and lost profits from the tenant.
1.6 If the vehicle was damaged during the rental as part of one insurance claim, but the vehicle is damaged from two or more sides, it is necessary for the renter to document the accident site photographically. The photographs are then provided to the landlord to prove that the damage occurred during one insured event, otherwise the landlord has the right to claim compensation for each damage separately.
1.7 Crediting the funds to the tenant's account after canceling the deposit can take up to 7 working days, depending on the time required by the processes in the tenant's bank. If no facts were found during the inspection of the vehicle for which the deposit should be held, the cancellation of the deposit is carried out by the lessor's employee immediately after taking over the vehicle from the lessee via the POS terminal. In case of an uncredited 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 Each tenant has the right to good quality services, to file a complaint, to compensate for damages, to education, to be informed, to protect their health, safety and economic interests, and to submit suggestions and complaints to the supervisory authorities and the municipality in the event of a violation of the legally granted consumer rights.
2.2 Every tenant has the right to protection against unfair terms in consumer contracts.
2.3 The lessee may seek protection of his rights against the infringer in court, against the violation of the rights and obligations stipulated by law for the purpose of consumer protection.
2.4 The Lessor is obliged:a) to deliver the services to the extent and under such conditions as have been agreed and to allow the Lessee to check the correctness of these data,b) to provide services at the agreed prices,d) to correctly charge prices for the provision of services,c) unless otherwise stipulated in the contract, the period within which the service is to be provided or the goods is to be delivered begins to run from the date of conclusion of the contract. However, if under the contract the lessee is to fulfil certain obligations before the provision of the service or the delivery of goods, this period does not begin to run until the date of fulfilment of this obligation.d) to ensure the provision of services in a manner that allows their safe use.
2.5 The landlord may not allow the tenant:
a) impose an obligation without a legal reason,
b) deny rights pursuant to 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 capabilities; it must not link 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 by stating false, unsubstantiated, incomplete, inaccurate, unclear or ambiguous information, or by withholding information about the characteristics of the service or the terms of purchase, while the offer or provision of services infringing intellectual property rights is also considered 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 follows from the contract or from the purpose of the contract known to the lessor at the time of conclusion of the contract that the period of delivery within this period is determined by the lessee;
c) unless otherwise stipulated in the contract, the period within which the service is to be provided begins, from the date of conclusion of the contract. However, if the contract requires the tenant to fulfil certain obligations before the service is provided, this period does not begin to run until the date of performance of this obligation.
2.9 The Lessor is obliged to issue a Rental Agreement to the Lessee, which states:
2.9.1 business name, identification number and registered office of the Lessor,
2.9.2 date of delivery of the service,
2.9.3 identification of the service,
2.9.4 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 defects that the service provided has when it is taken over by the Lessee.
3.2 The Lessee is obliged to familiarize himself with the content of the service provided no later than after the risk 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 provided subject of the service or does not arrange for it to be inspected at the time of the passing of the risk of damage to the provided service, he may assert claims for defects detectable during this inspection only if he proves that these defects were already present in the subject of the provided service at the time of the passing of the risk of damage to the provided 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 was negotiated.
3.5 A change in the subject matter of the service provided, which occurred in the course of the service provided as a result of its wear and tear, or improper use or improper intervention, cannot be considered a defect.
3.6 The Lessee is obliged to check the delivered service or the subject of the delivered service upon receipt and to complain about obvious defects.
3.7 Obvious errors are considered to be errors detectable when taking over the service, in particular a poorly provided service.
3.8 The Lessee is obliged to immediately notify the Lessor of any obvious defects, which shall remedy the complaint by removing the claimed defect in the service or replacing the subject 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 unjustified.
3.10 The Lessor shall not be liable for defects if:
a) the Lessee knew about the defect at the time of concluding the Contract or, taking into account the circumstances under which the Contract was concluded, should have known only that the defects relate to the characteristics of the service provided that it should have or should have had under the Contract;
b) the Lessee caused the defect of the service itself,
c) the Lessee knew about the service defect before taking over the service, or has been explicitly and clearly warned of the defect or defective service and if a discount on the price of the service has been provided for the defect or defective service,
d) the defects occurred at the time of the provision of the service as a result of wear and tear of the subject of the service caused by normal use, improper or excessive use,
f) the defects were caused by the intervention of an unauthorized person in the subject of the service or its components,
g) the service is claimed after the expiry of the period specified in Article 4, item 4.15,
h) the defects occurred as a result of a natural disaster,
i) were caused (intentional or unintentional) by improper or excessive use of the subject of the service, its improper care, improper servicing.
3.11 If it is a defect that can be remedied, the tenant 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. Instead of removing the defect, the Lessee may require the replacement of the subject of the lease or, if the defect concerns only a part of the item, the replacement of the part, provided that the Lessor does not incur disproportionate costs in relation to the price of the service provided or the seriousness of the defect.
3.13 The landlord may always replace the defective item with a faultless one instead of rectifying the defect, provided that this does not cause serious difficulties to the tenant.
3.14 If there is a defect that cannot be remedied and which prevents the item from being properly used as a defect-free item, the lessee has the right to have the item replaced or has the right to withdraw from the contract.
3.15 The same rights belong to the lessee in the case of remediable defects, but the lessee cannot properly use the item due to the recurrence of the defect after repair or due to a larger number of defects.
3.16 In the case of other irreparable defects, the lessee is entitled to a reasonable discount on the price of the service provided, or the provision of an additional service.
Article 4
Complaint process
4.1 The Lessor is obliged to duly inform the Lessee about the conditions and manner of the complaint, including information on where the complaint can be filed in the form of this RP.
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 RP with regard to the services provided and the contractual conditions (they are part of each Vehicle Rental Agreement or are published on the Lessor's website). Each renter has the opportunity to familiarize themselves with the specific contractual conditions at the latest when signing the Car Rental Agreement, in order to avoid any misunderstandings. All GTC and RP are listed online and also freely available in a visible place accessible to the Lessee in each of the Lessor's establishments.
4.3 The Lessor or an employee authorized by the Lessor or another person designated for this purpose is obliged to handle the complaint immediately, in complex cases within three working days, justified cases, especially if a complex technical assessment of the condition of the service provided is required, no later than 30 days from the date of filing the complaint. This period does not include the time required for an expert assessment of the error. However, the settlement of the complaint must not take more than 30 days. After that period, the consumer has the same rights as if it were a defect which cannot be remedied.
4.4 The Lessee is obliged to report to the Lessor on the defectively provided service without undue delay after discovering the defect or incorrectly provided service, by proving the defects in the service provided.
4.5 When filing a complaint, the Lessor is obliged to issue the Lessee with a confirmation of receipt of the complaint, at least in electronic form.
4.6 An employee authorised to handle complaints must be present at the establishment during operating hours.
4.7 The landlord is obliged to keep records of the complaint and submit it to the supervisory authority at the request of the supervisory authority. The complaint record must contain information on the date of filing the complaint, the date and the manner of handling the complaint.
4.8. The Lessee who makes claims for defects shall fill in a complaint protocol in which he or she shall accurately describe the defect and the manner in which the defect manifests itself or the manner in which the service was incorrectly provided.
4.9 Complaints are preferably handled electronically. The Lessee addresses the complaint by sending an email to RUMAPEX s.r.o. info@autoapex-old.upvision.site via the complaint form.
4.10 When filing a complaint, the Lessee is obliged to provide the following information in the complaint form:
4.10.1 proof of provision of the service (rental agreement, rental agreement number)
4.10.2 written statement of all deficiencies,
4.10.3 proposal for resolving the complaint, or the required method 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 notified of the manner of handling the complaint.
4.11 The lessor will issue the Lessee with a confirmation of the complaint by electronic form of registration and assignment of a registration number. The confirmation contains:
4.11.1 date of filing the complaint,
4.11.2 claimed defects,
4.11.3 proposal for resolving the complaint by the lessee. This information may be included in the written complaint from the Lessee.
4.12 The Lessor shall not be liable for the failure to deliver the sent notification to the specified contact address.
4.13 The Lessee's rights arising from liability for the Lessor's errors in the provision of the Service by the Lessor arise only during the period of provision of the Service (Vehicle Rental.
4.14 A complaint may be settled if the defect occurred during the provision of the service by the Lessor.
4.15 Complaints can be filed only during the period of provision of the service (vehicle rental), but no later than 14 working days after the provision of the service (expiry of the rental period).
4.16 A complaint can always be filed:
4.16.1. if the delivered service has not acquired its essence (the rental of the vehicle has not been realized),
4.16.2. if deficiencies have appeared during the delivery of the service (realization of the rental of the vehicle).
4.17 If any of the above conditions are not properly fulfilled by the Lessee, the complaint cannot be settled.
4.18 The complaint may be resolved: by a discount on the price of the service, removal of the defect, withdrawal from the contract, replacement of the subject of the lease or rejection by the lessor, depending on the type of defect in accordance with Article III., points 3.11 to 3.16.4.19 All rightfully filed complaints will be handled free of charge.
Article 5
Final provisions
5.1 This Complaint Procedure enters into force and effect on 1.10.2024.
5.2 The Lessor reserves the right to make changes to this RP without prior notice.
5.3 After each amendment to the RP, the full text shall be drawn up, which shall be available pursuant to paragraph 5.5.
5.4 The complaint process is governed by the RP effective at the time of provision of the claimed service.
5.5 RP is available online at www.autoapex.sk and at the Lessor's premises in a visible place accessible to the Lessee.
5.6 Legal relations not regulated by this RP are governed by the legislation of the Slovak Republic.
RUMAPEX s.r.o.