RETURN POLICY TERMS & CONDITIONS

I. General provisions

  • These Complaints Procedure Rules/ Return Policy (hereinafter referred to as “RP”) are drawn up in accordance with Act no. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the “Civil Code”), Act no. 250/2007 Coll. on Consumer Protection, and Amendment to Act of the Slovak National Council no. 372/1990 Coll. on offences as amended, and Act no. 102/2014 Coll. on consumer protection when selling goods and/or providing services under a distance contract or a contract concluded off the premises of the seller, and amendments and supplements to certain acts as amended, and Act no. 391/2015 Coll. on Alternative Dispute Resolution and Amendments to Certain Acts (hereinafter the “Dispute Settlement Act”) as well as by EP Regulation and Council (EU) no. 2016/679 on the protection of individuals when processing personal data and the free movement of such data and repealing Directive 95/46 / ES (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”). Claims of clients - legal entities who are not in the position of consumer are governed by Act no. 513/1991 Coll. Commercial Code, as amended (hereinafter referred to as the “Commercial Code”).
  • This RP regulates the procedure for claiming goods sold and/or services provided by the owner and operator of Hotel Lomnica, which is Mores Resort, a. s., registered office: Galvaniho 17 / C, 821 04 Bratislava, IČO: 46 830 995, registered in the Commercial Register of the District Court Bratislava I, Section: Sa, File No .: 6213 / B, Tax ID: 2023620742, VAT ID: SK2023620742 ( registered under § 4 of the VAT Act), telephone contact: Reception: +421 52/28 53 500, +421 52/28 53 501, e-mail contact: recepcia@hotellomnica.sk, fax: +421 52/28 53 505 (hereinafter referred to as the “Provider”) in the accommodation facility designated as Hotel Lomnica, built at Tatranská Lomnica no. 92, 059 60 Vysoké Tatry (hereinafter referred to as the “Hotel”) to the Client of the Hotel (hereinafter referred to as the “Client”).
  • By accepting the goods and/or receiving the Provider’s service, and/or sending a binding reservation by the Client, and/or concluding an Agreement with the Provider, the Client agrees with the RP and confirms that they have been acquainted with its content.
  • Concerning this RP, a complaint is the application of liability for defects in a product or service.

II. Client - Consumer Rights

  • In particular; the Client - the consumer has the right to products and services of standard quality, to lodge complaints, indemnify, educate, inform, protect their health, safety and economic interests; and to submit complaints and complain to the supervisory and control authorities and to the municipality; in the event of a breach of the consumer’s statutory rights.
  • The Client - the consumer has the right to protection against unacceptable terms and conditions in consumer contracts.
  • The Client may seek the protection of their rights against the infringer in court. Every consumer has the right to appeal to an alternative solution entity, under the terms of the Dispute Settlement Act, to protect their consumer rights, without prejudice to the possibility of going to court.
  • Other conditions of alternative dispute resolution, including the subject of alternative dispute resolution in relation to the Provider, are specified in Art. IX para. 4 to 6 of the VOP/GBT.

III. Liability for defects

  • The Provider shall be liable for defects that have been handed over to the Client upon receipt when sold; and/or the defects that of a service which has been provided upon its provision to the Client.
  • The Provider is not responsible for defects caused by use or wear and tear.
  • In the case of goods sold and/or services provided at a lower price, the Provider shall not be liable for defects and/or defects for which a lower price was agreed.
  • If the goods are not perishable or used, the Provider is responsible for defects of the goods that occur after the receipt of the goods within the warranty period (warranty).
  • The provisions on the warranty period and its operation shall be governed by the relevant provisions of the Civil Code or the Commercial Code, depending on the nature of the Client, unless otherwise specified in RP.
  • A defect cannot be considered to be a defect when occurred during the warranty period as a result of wear and tear or misuse and/or improper use.
  • The Client is obliged to inspect the goods upon their receipt and / or the service upon their provision and to claim the apparent defects without delay.
  • Obvious defects are defects detectable in the handover of goods or services, and in particular:
  • quantity and assortment differences;
  •  damage of goods (distorted packaging, damaged packaging, etc.);
  •  poor service.
  •  The Client is obliged to immediately report any apparent defects to the responsible employee of the Provider who will remedy the situation according to the conditions specified in Art. V and/or Art. VI of RP
  •  Later complaints by the Client will not be accepted by the Provider, and such claims shall be deemed unjustified.
  •  The Provider shall not be liable for defects if:
  •  these are defects that the Client knew at the time of entering into the contractual relationship with the Provider; or, knowing the circumstances upon which the contract was concluded, the Client either knew about the defects of the goods being sold or the characteristics of services provided by the Agreement;
  •  the Client caused the defect of the goods or services provided by himself;
  •  before taking over the goods or services where the Client knew about the defect of the goods or services; especially when the Client has been explicitly and clearly warned of the defect of the goods or defective service; and if such goods and services have been provided with a discount on the price;
  •  incurred during the warranty period as a result of wear and tear caused by normal use, misuse or excessive use;
  •  the protective seals on the goods have been broken;
  •  they have been caused by unauthorised persons interfering with the goods or their components;
  •  the goods are claimed after the expiry of the warranty period or another period within which the goods are to retain their specific characteristics;
  •  arose as a result of a natural disaster;
  •  they have been caused (intentionally or unintentionally) by incorrect or excessive use of the goods, by improper treatment, improper servicing, improper use of attachments other than those recommended by the manufacturer; or arise on the goods after the expiry of their service life.

IV. Making a claim

  • If the Client ascertains the reasons and facts that may be the subject of the complaint, they are obliged to file a possible complaint immediately without undue delay with the responsible employee of the Provider. In order to ensure that the complaint procedure is carried out quickly, it is necessary for the Client to submit documents on the sale of goods and/or the provision of the service (cash receipt, copy of the order, invoice, contract, etc.).
  • If the nature of the claimed performance so requires, it is necessary that the Client also brings/ presents the physical object to which the complaint relates. The Provider is obliged to record the complaint of the Client in the complaint protocol; stating the objective circumstances of the claim. After careful examination, the Provider is required to decide on the method of handling the complaint immediately or in more complicated cases within 3 (three) days, but no later than within 30 (thirty) days of the complaint being lodged by the Client.
  • The Client is obliged to provide the cooperation necessary for handling the complaint, in particular; to provide information regarding the claimed goods and/or service.
  • If the nature of the claim so requires, the Client shall allow the responsible employee of the Provider access to the space provided to them for accommodation, so that the Provider can ascertain the justification of the claim.
  • The Client makes complaints as follows:
  • in the case of defects in goods to the Executive Director;
  • in the case of defects in the catering services to the F & B Manager;
  • in the case of defects in the accommodation services to the Front Office Manager;
  • in case of defects of Wellness and Spa services to the Wellness Manager.

 

V. Defects that can be eliminated

  • If it is a defect of the goods that can be eliminated/ removed, the Client has the right to have such defect removed free of charge, in a timely and orderly manner and the Provider is obliged to remove the defect without undue delay. Instead of removing the defect, the Client may require replacement of the item or, if the defect concerns only a part of the item, replacement of the part; provided that the Provider does not incur excessive costs with regard to the price of the goods or the severity of the defect. Instead of removing the defect, the Provider may always replace the defective item with an adequate item, provided that it does not incur excessive costs.
  • In the area of catering services, if the standard quality, weight, temperature, rate, price of meals and/or beverages is not observed, the Client has the right to request a free, proper and timely correction of the error. In such cases, the Client shall make a complaint before or after the first tasting of food and drinks (i.e. no more than ¼ of a portion of food or drink should be consumed), depending on the error the Client complains about.
  • In the area of accommodation services, the Client has the right to free, proper and timely removal of shortcomings of accommodation services, which they immediately report to the responsible employee of the Provider according to Art. IV. ods. 5 letter c) the RP, i.e. j. have the right to change or supplement the room’s equipment but in accordance with the category and class of accommodation, which is determined for Hotel Lomnica according to Decree of the Ministry of Economy of the Slovak Republic no. 277/2008 Coll.
  • In the area of Wellness and Spa services, the Client has the right to free, proper and timely elimination of deficiencies, which they immediately report to the responsible employee of the Provider according to Art. IV, par. 5 letter d) the RP.

VI. Irremovable defects

  • If it is a defect of goods that cannot be removed/ eliminated; and which prevents the thing from being properly used as a defect-free item, the Client has the right to exchange the thing or has the right to withdraw from the contractual relationship with the Provider. These rights also belong to the Client in the case the goods have defects that can be eliminated, but the Client cannot properly use the thing due to the repeated occurrence of the defect after repair or for a larger number of defects. In the case of other irremovable defects, the Client is entitled to a reasonable discount from the price of the thing.
  • In case it is not possible to eliminate the error of catering services on meals and drinks, the Client has the right to a complete exchange of food or drink, or to refund of the price paid for meals and/or drinks.
  • In case of defects in accommodation services, if it is not possible to repair technical issues in the hotel room (i.e. failure of the heating system, poor hot water input or other technical problems in the room that cannot be quickly solved) and if the Provider cannot provide the Client with other substitute accommodation, or move the Client to another room, and the room will be rented to the Client despite these shortcomings; the Client is entitled to a reasonable discount on the accommodation price according to the valid pricelist published at the Hotel reception; or cancellation of a confirmed reservation of accommodation or a contract for the provision of accommodation, all before overnight with the full refund;
  • In case that the Provider makes a decision which results in a serious change in the accommodation to the reserved and confirmed accommodation by the Client, and the Client does not agree with the substitute accommodation; the Client has the right to cancel the confirmed booking or the contract to provide accommodation, all before stay with the full refund. In such circumstances, the Client shall not be entitled to any further reimbursements or costs and/or claims in connection with such Provider’s procedure and cancellation of the reservation or contract by the Client.
  • If it is not possible to remedy the defect of the Wellness and Spa service claimed by the Client, the Client has the right to a reasonable discount on the provided service or a refund of money. If the Client uses the provided service and claims the service after it has been fully used; the claim will not be accepted.

VII. Final provisions

  • This RP (version 2) comes into effect on 25.05.2018.
  • The personal data provided will be processed in accordance with the GDPR Regulation, and personal data will only be provided or made available in accordance with the GDPR Regulation to recipients, third parties and intermediaries (who manage, operate or service). Further details on the processing of personal data can be found on the website https://www.hotellomnica.sk/en/personal-data-protection, and the responsible person can be contacted at dpo@hotellomnica.sk.
  • This RP is published on the website www.hotellomnica.sk and placed at the reception of the Hotel Lomnica.