- General provisions
Health Care Services Provider, Services related to Health Care and Other Services in the Facility “Clinic Refit” - Commercial Company Clinic Refit s.r.o, registered office: Gagarinova 5b, 821 01 Bratislava - city district Ružinov, ID: 46 436 928, registered in the Commercial Register District Court Bratislava I, dep.: Sro, vl. no Furthermore, only the “Complaints Procedure”).
These Complaints Procedure regulates the complaint procedure in accordance with § 18 of Act no. 250/2007 on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. 40/1964 Coll. The Civil Code, as amended (hereinafter referred to as the “Civil Code”) and applies to the services provided by the Provider.
This Complaints Procedure is binding on both the provider and the client.
This Complaints Procedure is placed in a visible place in the operation of the Provider and is also published on the website of the provider www.klinikarefit.sk.
The moment of ordering the service, respectively. By concluding the contract, the client confirms that he was aware of these Complaints Procedure.
- Interpretation of terms
Provider means the company clinic Refit s.r.o, registered office: Gagarinova 5b, 821 01 Bratislava - city district Ružinov, ID: 46 436 928, registered in the Commercial Register of the District Court Bratislava I, ODD: Sro, Vl. No.: 77232/b.
Consumer means a natural person who does not act within the subject of his business, employment or profession when concluding and fulfilling the consumer contract.
Clients are understood to be a consumer to whom the provider will provide the service.
Complaint means the exercise of the right of liability for the defect of the service provided.
The service means any activity or performance offered by the consumer to the provider for remuneration or free of charge, including activities regulated by special regulations, which are supervised by professional chambers or other public authorities, as referred to in § 19 of the Act.
A safe service means a service which, under normal or reasonably predictable conditions, does not pose a danger or provides only a minimum danger for the consumer due to the safety and health protection.
The defect of the service means not particularly failure to provide the service properly, in the agreed and legal regulations set quality, failure to provide the service in the agreed duration or to the agreed extent, the unannounced failure of the service caused for reasons on the part of the Provider.
The settlement of the complaint means the termination of the complaint procedure by removing the defect of the service provided, by returning the price charged for the service provided, by paying a reasonable discount on the price charged for the service, a written call for receipt of performance or justified rejection of the claim.
Operation is a medical facility of the provider “Clinic Refit”, located at Gagarinova 5B, 821 01 Bratislava - city district of Ružinov.
- The rights and obligations of the client as a consumer
The client as a consumer has the right to complain. If the client was provided with a service with a defect, eg. The lower quality service, or to a lower extent than it was agreed between the provider and the client, has the right to complain. The client also has the right to complaint if the service has not been provided in the agreed duration. The client also has the right to make a complaint on the correct price of the service charged if he has a reasonable doubt that it has not been charged in accordance with the provider's price list.
The client is / also in his own interest / obliged to notify the provider, respectively. His worker (attending physician, attending medical worker, physiotherapist, masseur, coach) before starting the service for his health, health problems and symptoms. In the event that the client is not objectively capable of assessing the impact of the service provided on his / her health or if, when withdrawing a history of the provider, the provider finds the possibility or risk of harm to the client in providing a service, illness or health problem client and client, client is the client obliged to submit to the provider, respectively. Its worker medical certificate (medical administration, finding) describes that the type of service provided will not have a negative impact on the client's health and /or the way or the service may be provided.
- Provider's responsibility for service defects
The provider is liable to the client for the fact that the service provided to the client will meet the requirements for the quality of the service in accordance with the nature of the service offered, agreed between the provider and the client and the legal regulations laid down.
The Provider is responsible for the client that the service will be provided to the agreed extent.
The provider is also responsible for the service to be provided within the agreed date and agreed duration.
- Claim complaint
The client must make a claim from the provider without undue delay after finding out or could find out a defect of the service or incorrect price of the service charged for the service, but no later than 30 days, otherwise the right of liability for defects of the service, respectively. The right to return the incorrectly charged amount at an incorrectly charged price for the service expires.
When making a complaint, the client is obliged to submit an accounting document of the purchase (payment) of the service. For a more reliable assessment of the complaint and the success of the client's complaint handling it is advisable that the client proves that the service was provided in a defect (e.g. a testimony of a witness, a photograph providing poor quality services, or expert expression/assessment of a specialist for the claimed issue).
The Provider or his employee authorized to handle complaints, rather with the client a claim to the complaint protocol, stating the reason for the complaint, objective circumstances of the complaint and the evidence that the client has provided (if the claim is personally in operation of the Provider).
The complaint cannot be successfully made if the client has not followed the instructions given by the Provider in connection with the service provided.
The client can make a claim:
In writing at the Provider's address: Refit s.r.o, Gagarinova 5B, 821 01 Bratislava - Ružinov district,
by e-mail to the provider's email address: firstname.lastname@example.org.
Personally, the Provider's operation at: Gagarinova 5B, 821 01 Bratislava - the city district of Ružinov, where the provider's employee is present during the operating time, in charge of handling complaints.
When making a complaint, the client will fill in the AP AP will sign the complaint protocol available in the provider's operation and on the website of the provider www.klinikarefit.sk. In the complaint protocol, the client will indicate his identification and contact details (name, surname, residence address or temporary stay, telephone number, e-mail), indicate the service to which the complaint is concerned, indicate the date of purchase and the document number, accurately mark and describe the number of the document number. , what the complaint concerns, i. It will describe the defect of the service as well as the time definition, when, according to the client, the defect of the service occurred (showed) and when it was found. In the complaint protocol, the client further states which of the claims for the defect applies (if the Civil Code grants him the choice of choice) and if the price of the price for the service or granted discount on the price for the provided service also states how to accept the performance (in person personally in cash or by reference to the bank account specified) or other necessary data. In the case of a claim for the correct price of the price for the service, the client must also state the date of providing the service, the claim of the correctness of the price for the service concerns or in the case of a prepaid credit period the time to which the claim of the price for the service concerns the service.
The Provider shall not be liable for any incorrect data given to the clients of the complaint (complaint protocol) and for the impossibility of delivery of documents to the client's contact address.
The complaint protocol (filled and signed) will send the provider by post to the Provider's address: Refit s.r.o, Gagarinova 5B, 821 01 Bratislava-Ružinov district, or e-mail to the provider's e-mail address: email@example.com or is filled in personally in person. (or will bring filled and signed) in operation (into operation) of the provider at: Gagarinova 5b, 821 01 Bratislava - district of Ružinov.
The claim for the correct price of the price for the service does not have a suspensory effect on the payment of the price for the service, i. It does not relieve the client's obligation to pay the price for the service within the maturity period.
The Provider reserves the right not to recognize and dismiss the claim if the service defect has been caused by:
- by a circumstance excluding the provider's responsibility,
- Undesirable intervention of the client in the performance of the service or even undesirable intervention in the performance of the service of other third parties to whom the client consciously or unconsciously enabled such intervention, even by his negligence (eg failure to obey the instructions service provided, interrupting the provision of the service by the client),
- by breach of the obligation of the client, resulting from the provider's instructions or the General Terms and Conditions of the Provider.
The Provider reserves the right not to recognize the complaint and dismiss even if the client has made a claim after 30 days from the date on which the service defect or the incorrect billing of the price for the service has been detected or found.
The day of the commencement of the complaint procedure is considered to be the day on which the client duly made a complaint with the provider,
- The day when the written or e-mail complaint was delivered to the provider or when it was submitted in person in accordance with point 8 of this Article. In the event that the claim does not contain all the required data pursuant to point 6 of this Article, the Provider shall invite the Client to supplement the complaint and the complaint procedure begins on the day of delivery of the regular complaint,
- Complaints that contain all the required data. If the client does not even fill in the missing data on the provider's call, the complaint will be considered unchanged.
When making a complaint, the Provider shall issue a confirmation of the complaint to the client. In the case of personal application of the complaint, the authorized employee of the Provider shall issue a conformed copy of the complaint protocol, which is a confirmation of the receipt (claim) of the complaint. When making a complaint by post or via e-mail, the Provider shall deliver the client's confirmation of the complaint to the contact postal address or e-mail address immediately. If it is not possible to deliver the receipt of the complaint immediately, it must be delivered without undue delay, but at the latest together with the proof of complaint handling; The complaint certificate may not be delivered if the client has the possibility to prove the claim in another way.
The Provider shall investigate the complaint and, on the basis of the client's decision, which the client claims from the rights under the Civil Code, it shall determine the method of handling the complaint immediately, in complicated cases within 3 working days of the claim and in justified cases, especially if a complicated appreciation of the service is required, up to 30. days from the date of the claim. After determining the method of handling the complaint, the complaint shall be handled immediately, in justified cases the claim can be handled later; However, the complaint should not last longer than 30 days from the date of its application.
Upon expiry of the period for handling the complaint referred to in point 2. of this Article, the client has the right to withdraw from the contract or has the right to exchange the service for a new service.
The Provider shall issue a written document to the client on the handling of the complaint no later than 30 days from the date of the claim, which is a written confirmation of the handling of the complaint. By sending a written notification by sending a written notice to the client's e-mail address, the client shall inform the client of the client if the client has asked the client to send information about handling the complaint via e-mail. If the client has asked for information on the handling of the complaint by post, the Provider shall send a written notion of the complaint handling for the client's contact postal address stated in the complaint.
The Provider shall keep records of the complaints, which he is obliged to submit on the request of the supervisory authority. Complaint records must include data on the date of claim, date and method of handling the complaint and serial number of the proof of claim.
- Methods of complaint handling
If there is a defect on the service provided, the client has the right to his free, timely and properly removed. The Provider is obliged to remove the defect without undue delay. The method of removal of the defect is decided by the provider.
Instead of removing the service defect, the client may require a service exchange or if the defect concerns only a part of the service, the exchange of part of the service, unless the provider incur disproportionate costs due to the price of the service or the severity of the defect. Instead of removing the defect, the provider may always replace the defective service with a defective service if it does not cause serious difficulties to the client.
If it is a defect that cannot be remedied and which prevents the service from being properly used as a service without a defect, the client has the right to exchange the service or has the right to withdraw from the contract. The same rights belong to the client, although there are removable defects, but if the client cannot properly use the service as a service without a defect for the re -occurrence of the defect after its removal or for more defects.
In the case of other irremovable defects, the client has the right to a reasonable discount on the service price.
The client has the right to withdraw from the concluded contract/order order if:
- The service shows a defect that cannot be removed and prevents the service from being properly used as a service without a defect,
- Although there are removable defects, the client cannot properly use the defect after its removal of the service;
- The re -occurrence of the defect is considered to be a condition if the same defect occurs again after removal,
- Although these are removable defects, the client cannot properly use the service for more defects;
- At the same time at the same time at least three different removable defects that prevent the proper use of the service are considered to be a greater number of defects,
The Provider will not recall the claim within the 30-day period.
When handling a claim by providing a discount from the charged price for the service, the nature of the defect, its duration and the possibility of further use of the service will be taken into account. The amount of the discount is decided by the provider.
The Provider will handle the claim and terminate the complaint procedure in one of the following ways:
- by removing the defect of the service provided,
- by returning the price charged for the service (when withdrawal from the contract/order),
- By paying a reasonable discount from the price charged for the service,
- By sending a written call to take over the performance of the client,
- justified by rejecting the claim.
In the event of acknowledging the claim for the correctness of the charged price for the service, the Provider shall adjust the settlement of the rightly claimed amount charged for the service from the prepaid credit, or agree with the buyer to the client's extension of the prepaid period of service. If the price for the service has been charged for a one -time service, the amount of the legally claimed amount will be returned to the client without undue delay.