Information for Foreigners
Accommodation contract can be perceived as something like a temporary rent in a facility such as hotels, hostels, lodgings, etc. Accommodation is only temporary! In the accommodation contract, which can be concluded in oral form (oral contract), must be at least agreement in place where the accommodation is provided, a period for which the accommodation is provided (term of accommodation) and a price (accommodation fee) for the accommodation and services, which the Accommodated Person pays in term agreed in the rules and regulations of the accommodation.
Rights and Obligations of Contracting Parties
- The Accommodated Person has the right to use the space reserved for accommodation, including common premises and to use the standard services connected with accommodation. The Accommodated Person may not, without the consent of Accommodation Provider, perform substantive changes to the accommodation facility.
- The Accommodation Provider is obligated to hand over the accommodation establishments to the Accommodated Person in a condition suitable for proper use and to provide undisturbed conditions for exercising one’s rights attached to the accommodation.StorageDamage and Responsibilities for Items BroughtThe Accommodation Provider is obligated to provide full compensation for the damage if he/she has taken possession of the item, unlawfully refused to take possession of the item or if the Accommodation Provider or his/her employees incurred the damage. In case of intentional damage, you shall act upon general arrangements of the limitation period, i.e. you have ten or in fact even fifteen years. Considering the difficulty of proving something after a long time it is recommended to claim your compensation as soon as possible.
- Termination of Accommodation
- The Accommodation Provider is obligated to compensate the damage incurred to items brought to or placed by the Accommodated Person in the Accommodation Area, a thing brought for the Accommodated Person or a thing which the Accommodation Provider has taken possession of into storage. This obligation shall not apply to live animals and cars including things in the car unless the Accommodation Provider has taken possession of them into storage. The Accommodation Provider compensates the damage up to hundred times the price of accommodation per day! You shall apply the right to compensation without undue delay no later than 15days from noticing! If the Accommodation Provider can exempt from compensation if he/she proves that the damage was inevitable or caused by the Accommodated Person or his/her company!
- Did you know that if you so request the Accommodation Provider has to take possession from you of money, jewellery or valuable items? The Accommodation Provider is not required to take possession into storage of dangerous items, or of items incommensurate for the accommodation facility in value or extent. In case that any damages incur to items which the Accommodation Provider has taken possession of into storage, the Accommodation Provider is obligated to provide full compensation for the damage, loss or destruction of these items!
- These fundamental rights and obligations are prescribed by law. However, other rights and obligations are specified in Accommodation Rules published mostly in conspicuous places in accommodation facility and you should read it. If it is published like that, you cannot plead ignorance!
You can terminate the Accommodation Contract anytime, even before the expiration of the accommodation period. However, if the Accommodation Provider can prove so, the Accommodated Person is responsible for damage incurred by the Accommodation Provider due to premature termination of accommodation by the Accommodated Person if the Accommodation Provider wasn’t able to prevent the damage. Such damage is typically the lost profit of the Accommodation.
HOW TO CLAIM FOR DEFECTIVE GOODS
The Buyer has the right to claim a complaint or to claim for defective goods, the defect of consumer goods must occur within a period of 24 months from collecting. This period cannot be reduced!
The Seller can provide a contractual warranty, a.k.a warranty of quality. The Seller can do so, not only explicitly in the contract, but even in a Proof of Payment or in a „confirmation“ (see below). However, it is sufficient if the date of minimum durability or ‘use by’ date appears on the label, in the manual or in the advertisement.
Confirmation of the Rights Arising from Defective Performance
The Seller is obligated to provide you with written confirmation including the scope, terms and conditions of liability for defective products and services, including a dispute with the terms of the contract (formerly called the guarantee statement). This confirmation must contain a business name, residency, content, scope, conditions and time of duration of the responsibility of the rights from defective performance, including information on how You can claim Your rights. The essentials of this confirmation can also be, for instance, in the Proof of Payment. If there is a list of repair shops included, it is possible to address the complaint there.
Ways of Handling the Complaints
Your partner for handling the complaint is always the Seller. The Seller is also responsible for resolutions or rejecting a complaint. You can resolve your complaint in the establishment where you have bought the product, in place of business or in another establishment of the same company with similar products, eventually in repair shop determined.
Naturally, the Seller retains full responsibility for handing over a product without defects. If not, you can choose whether you want a repair or a replacement. Careful though, replacement can be required only in case that it is not excessive, considering the kind of defect, and if the defect includes only some of its parts, you can only require replacement of the damaged part, not the whole product. If the above-mentioned procedure is not possible, you have the right to withdraw from the contract. Alternatively to each of the options, you can ask for an adequate discount from the price. If you make a claim within 6 months after purchase, the Law supposes that the defect has already existed at the time of collecting, whereas the Seller can prove otherwise.
If the defects are removable, but you cannot properly use the repaired product for re-occurrence of the defect or for a number of defects, you have the right to withdraw from the contract. If it is the third valid complaint of the same default or the fourth valid complaint of a different complaint, you have the right to withdraw from the contract. It is the same if there are three defaults at one time.
In case of purchasing the hoods, the new Civil Code no longer divides possible defaults as repairable or unrepairable, but it is important if the default means a significant or insignificant breach of contract. A significant breach of contract is a breach about which the Seller knew that it would cause that the Consumer would not buy the product if the Consumer would predict such default. For instance, a default which is not removable and hinders the proper usage of the product. In case of a significant breach of contract, you can choose between repairment, replacement by new product without defects, discount or even withdrawal from the contract.
You can make a claim for items sold at a discount, but the warranty does not apply to the specified defects or incompleteness, for which the lower price was offered.The Seller is not responsible for damages caused by normal wear and tear.
!Convey your choice of handling the claim to the Seller as soon as possible, ideally when applying the complaint. If you will not do this on time, the breach of contract will be considered insignificant and you can lose the right to withdraw from the contract or the right to ask for a replacement! Claims, including the removal of defects, must be handled without undue delay and no later than 30 days from the date of the claim otherwise the Consumer has the right to withdraw from the contract. The vendor and consumer can agree to a longer period.
Information is processed according to the law valid from 1. 1. 2014,
assuming that the Buyer is a Consumer.
WARRANTY OF QUALITY
The new Civil Code takes on the institute of warranty of quality, known from the Commercial Code.
By warranty of quality, the seller undertakes that the product will be eligible to use for the usual purpose for a certain period of time or it will maintain its normal properties (NCC § 2113).
ATTENTION: The seller’s statement can edit the scope of warranty differently!
The term warranty of Quality means, according to the Commercial Code, contractual warranty. This warranty can be taken over by the Seller by his/her unilateral declaration or it can be stipulated in the contract.
TIP: These effects have an indication of the warranty period or expiration date on the packaging or in advertising!
If the contract specifies a different warranty period than the declaration, the longer period is valid.
However, if the parties stipulate a different warranty period than the one stated on the packaging as shelf life, arrangements between the parties takes precedence.
The warranty can be provided to individual components of the item i.e., for instance, the Seller can provide a four-year warranty for an engine of a washing machine while providing a three-year warranty for other components.
The warranty period starts from the date the product is purchased or after the date of delivery.
If the product is to be put into operation by someone other than the seller (for instance, if you buy a gas boiler, you have to ask an expert to put it into service), the warranty period starts from the date of putting the product into operation. However, the buyer has to put the product into operation no later than three weeks from the date of delivery of the product and to provide the necessary assistance.
Rights from warranty are exercised the same way as rights from defective performance, therefore, to claim the complaint with the Seller or with the repair shop. The Seller is obligated to issue written confirmation for the consumer, showing the date and manner in which the claim was handled, then confirmation of the repair and time spent on it.
Source: Law No. 89/2012 Coll. Civil Code
According to the law valid from 1. 1. 2014
With every complaint, the Seller is obligated to issue written confirmation for the consumer, showing the date and manner in which the claim was handled, then confirmation of the repair and time spent on it. § 19 Act No. 634-1992 Coll., Consumer Protection Act extends obligations of the Seller to obligation to state the content of the claim and procedure for handling the claim as requested by the consumer; also, confirmation showing the date and manner in which the claim was handled, including confirmation of the repair and time spent on it. If the claim is rejected, the Seller is obliged to state a written justification into the confirmation.
Pre-printed Complaint Reports – risks
Some Sellers use the pre-printed Forms. The pre-printed Form can be generally considered as a suitable method of admitting the complaint for both the Seller and the Purchaser. Sometimes, there is a number of provisions or reference to Refunds Return Policy, written in fine print, which the Consumer has no idea about. By “agreeing“, which you confirm by your signature, you can for instance unwittingly extend the length of handling the claim, which is normally 30 days.
In complaint reports of some companies, we can even find inadmissible contractual agreements, which exclude or restrict the rights of the consumer to exercise its rights from defective performance, for instance flat rate for processing your claim etc.. Such agreements shall not be taken into account and if the Consumer comes across such conditions in Complaint Report, he/she is not bound by such provisions, unless he/she would want to argue such provisions by himself/herself.
In case of doubt concerning the content of the Complaint Report, the Consumer is not obligated to sign the Complaint Report. However, the Consumer needs to obtain a document confirming the date and procedure for handling the claim. It is possible for the Consumer to write his/her own complaint and have the copy of the complaint confirmed by the Seller, including the date of reception.
In a situation, where the Seller refuses to issue any Complaint Report or refuses to accept the complaint, it is possible to appeal to the Czech Trade Inspection Authority.
According to the law valid from 1.1.2014,
assuming that the Buyer is a Consumer.