These Complaint Rules stipulate the method for filing claims by Guests that may arise in connection with the liability of the joint-stock company Léčebné lázně Jáchymov a.s., with registered office in Jáchymov, T. G. Masaryka 415, postal code: 362 51, incorporated in the Commercial Register kept by the Regional Court in Plzeň, Section B, Enclosure 1603, ID No.: 29211808 (hereinafter referred to as "LLJ"), for defects of provided services or sold goods (hereafter "Complaint(s)"), and their handling in compliance with the relevant provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended. Complaints pertaining to rendered medical services are conditioned by the Procedure for Handling Complaints Associated with the Provision of Medical Services.
1 Filing Complaints
LLJ shall not be liable for any Complaints of the Guests that are caused by the Client in consequence of providing erroneous and/or false information to the Guest. The Client shall mean any entrepreneur as defined in the General Business Terms and Conditions. LLJ shall immediately notify the Client of the filed Complaint.
1.1 If the contractually agreed service or goods are not provided in the agreed extent, quality, quantity or standard, the Guest may exercise their right arising from the liability for defects by way of filing a Complaint with the relevant employee in charge (hotel receptionist) at the LLJ facility where the service was provided or where the goods were purchased.
1.2 The Guest shall file a Complaint without undue delay after revealing any defect. The time periods for exercising the rights arising from the liability for defects as set forth by the generally binding legal regulations shall apply to the filing of Complaints. If the rights arising from the liability for defects are not exercised within 24 months in case of goods, within 24 hours from the date of provision of a service (commercial spa and wellness procedures, such as massages etc.), or within 6 months in case of other services, the rights shall become extinct. Complaints concerning boarding may be filed prior to consuming a meal.
1.3 When filing a Complaint concerning provided services, the Guest shall at all times demonstrate that the subject of the Complaint relates to a specific fault on the part of the operator.
1.4 Upon the filing of a Complaint, a report, a confirmation on accepting a Complaint respectively, shall be drawn up, which shall contain the Guest's personal information, the content of the Complaint, the required handling method, and the date of acceptance of the Complaint. The Guest shall obtain one copy of the report and shall confirm their approval of the content and acceptance thereof by their signature.
1.5 The Guest may also send a Complaint containing the information specified in Paragraph 1.4 hereinabove in writing to the address of LLJ or the LLJ facility where the service was provided and/or where the goods were purchased.
2 Handling Complaints
2.1 Complaints as well as the remedy of any defect shall be handled without undue delay by the superior of the employee in charge who accepted the Complaint, and in more complicated cases (where further assessment is required), the settlement of a Complaint shall be decided by the spa hotel manager. If a Complaint cannot be settled within 3 days (e.g. when an expert opinion, laboratory or other examinations are required), such Complaint shall be settled no later than within 30 days from the date of filing of the Complaint, unless a longer period is agreed with the Guest.
2.2 Records of filed Complaints and claims arising from the liability for defects are kept by the relevant division managers and copies thereof are filed with the spa hotel manager.
3 Cooperation of Guests in Complaint Handling Process
3.1 During the Complaint handling process, the Guest shall cooperate as necessary, namely by providing complete information, by presenting the claimed goods and, if allowed by the nature thereof, by submitting documents demonstrating the state of facts, and by specifying their requirements with respect to the reason of the Complaint, claimed amount, etc.
4 Methods of Handling Complaints
4.1 In cases when a Complaint is assessed as fully or partially justified, it shall be handled by remedying the defect of the service or claimed goods free of charge, or, where feasible, by providing a compensatory service or by replacing the goods.
4.2 When a defect cannot be remedied or when compensatory performance cannot be provided, the Guest shall be entitled to a reasonable discount from the price of the provided performance and/or to a refund of the price paid for the services.
4.3 In cases when the Complaint involves defects of the Guest's room that are of a technical nature and cannot be remedied within a reasonable time period, the Complaint shall be settled by moving the Guest to a different room.
4.4 If a Complaint is assessed as unjustified, the Guest shall be informed in writing of the reasons for rejecting the Complaint.
4.5 When, within the Complaint procedure, LLJ finds out that the inflicted material damage was caused by circumstances attributable to the Guest, namely if the Guest deliberately and grossly violated any instructions of the LLJ operating regulations, with which the Guest had been familiarised prior to provision of services and/or a partial service, or if the Guest failed to inform of substantial circumstances affecting the provision of services, the obligation of LLJ to compensate such damages shall be commensurately reduced.
4.6 When, within the Complaint procedure, LLJ finds out that the contractually agreed and/or otherwise required service was provided in the agreed extent, quality, quantity or standard, or that the provision thereof was rejected by an LLJ employee due to justified concerns regarding the Guest's medical condition, in particular, because the required service was not suitable for the Guest from a medical point of view and the Guest was informed of the same, the Complaint shall be assessed as unjustified and it shall be handled in the manner set forth in Paragraph 4.4 hereinabove.
4.7 As regards stays arranged by health insurance companies, travel bureaus or other operators, the refund of money to the relevant contractual partners shall be handled by the Sales Department staff.
Done in Jáchymov on 1 September 2015
PROCEDURE FOR HANDLING COMPLAINTS IN THE PROVISION OF HEALTH SERVICES
- Complaints about behaviour or unethical conduct of a doctor is addressed by the Czech Medical Chamber.
- A complaint about health services provided by Léčebné lázně Jáchymov, a.s. can be filed by the following persons:
- statutory representative of the patient,
- close person (if the patient cannot do so with regard to his/her health or if the patient has died),
- person authorised by the patient,
in a written form, to the head physician or director of the facility to which the complaint relates.
- Procedure for handling a complaint in the provision of health services.
- The head physician or director of the facility is obliged to propose to the complainant discussing the complaint if it is suitable with regard to the nature of the complaint,
- The head physician or director of the facility will handle the complaint in 30 days from its receipt; he may reasonably extend this deadline by additional 30 days. If the provider is not responsible for handling the complaint, he will forward it to the competent entity in 5 days from the receipt of the complaint. He is obliged to immediately notify the complainant of the extension of the complaint and its forwarding.
- The head physician or director of the facility keeps records of complaints and the method of their settlement.
- The complainant may view the file of a particular complaint and make copies of it.
- As far as investigation of a complaint by a competent administrative authority is concerned, the head physician or director will provide it, at the request of the authority, with timely and necessary assistance.
- If the complainant does not agree with the complaint settlement, he/she may file the complaint to a competent administrative authority by sending a written complaint to:
- Krajský úřad Karlovarského kraje, odbor zdravotnictví,
- Závodní 353/88, 360 21 Karlovy Vary,
- DS siqbxt2, fax: 353 502 509,
- In person during office hours: Mon, Wed 8.00 AM – 5.00 PM, Tue, Thu 8.00 AM – 3.00 PM, Fri 8.00 AM – 2.00 PM.
- Content of the complaint:
- Address and name of the complainant,
- Address and name of the health service provider against which the complaint is filed
- Reason of the complaint and a brief description of the event,
- Consent of the patient to whom the complaint relates to health documentation being viewed by the Regional Office of the Karlovy Vary Region,
- Signature of the complainant (patient, statutory representative of the patient, person close to the patient if the patient cannot do so with regard to his/her health or if the patient has died or persons authorised by the patient (notarised)).
- If the complainant repeats his/her complaint in the same matter and the repeated complaint does not include new facts, the repeated complaint will not be considered.
- The Regional Office of the Karlovy Vary Region will issue an assessment as to whether or not there has been health care misconduct by the health care provider. A remedial measure will be proposed in case of misconduct.