Complaint procedure

Complaint procedure of travel agency DUBTOUR GROUP s.r.o., with registered office Pribinova 17954/10, 811 09 Bratislava - Staré Mesto district registered in the Commercial Register of the Bratislava III District Court under number 170231/B, ID: 55486266 (hereinafter referred to as "CK DUBTOUR GROUP") relating to services provided under the package travel contract and other services, based on Act No. 170/2018 Coll. on package travel, connected travel services, certain conditions for doing business in tourism and on amendments and supplements to certain acts, effective from 1.1.2019 (hereinafter referred to as "Package Travel Act").

I. For services provided under the package travel contract

1. CK DUBTOUR GROUP is responsible for breach of the package travel contract, even if the obligations are of other providers of travel services provided within the package (hereinafter referred to as "breach of package travel contract").
2. If any of the travel services is not provided in accordance with the package travel contract, the Package Travel Act or special regulation or if it does not have the characteristics that the traveler reasonably expected in view of the offer and customs, the traveler is obliged to report this fact immediately to CK DUBTOUR GROUP or its authorized representative.
3. CK DUBTOUR GROUP is obliged to remedy within a reasonable time determined by the traveler by bringing the travel service into compliance with the package travel contract, the Package Travel Act or special regulation or with the reasonable expectation of the traveler, if this is possible in view of the circumstances or if it does not cause CK disproportionate costs in view of the extent of the breach of the package travel contract and the value of the affected travel services.
4. Determination of the deadline according to paragraph 3 of this article is not necessary if the travel agency informs the traveler that it will not perform the remedy, or if the remedy cannot be delayed due to the special interest of the traveler.
   
5. If CK DUBTOUR GROUP does not perform the remedy according to paragraph 3 of this article, it will offer the traveler alternative travel services even if the traveler's return to the place of departure is not ensured according to the package travel contract, and these alternative travel services must be
1. of the same quality or higher quality as stated in the package travel contract, without additional costs for the traveler, or
2. of lower quality than stated in the package travel contract, with an offer of appropriate discount on the price of these travel services.
6. The traveler may refuse the alternative travel services offered by CK DUBTOUR GROUP according to paragraph 5 of this article if the alternative travel services are not comparable to the travel services stated in the package travel contract or the offered discount on the package price for lower quality travel services is not appropriate. If the provision of alternative travel services is refused by the traveler in accordance with the first sentence or if these alternative travel services cannot be accepted for objective reasons, the traveler continues to use the travel services that are the subject of the notification according to paragraph 2 of this article, and CK DUBTOUR GROUP will provide the traveler with an appropriate discount on the package price for the travel services that were the subject of the notification according to paragraph 2 of this article.
7. If CK DUBTOUR GROUP does not perform the remedy according to paragraph 3 of this article or does not provide the traveler with alternative travel services according to paragraph 5 of this article, the traveler has the right
1. to perform the remedy himself and demand from CK DUBTOUR GROUP reimbursement of reasonably incurred costs related thereto,
2. to withdraw from the package travel contract without paying a withdrawal fee and demand an appropriate discount on the package price for travel services that were not provided properly and on time, if it is a material breach of the package travel contract.
8. CK DUBTOUR GROUP is obliged to prepare in cooperation with the traveler a written record and hand over to the traveler a copy of this written record if
1. it does not perform the remedy according to paragraph 3 and paragraph 5 letter a), all of this article,
2. it provides the traveler with alternative travel services according to paragraph 5 letter b) of this article,
3. the traveler in accordance with paragraph 6 first sentence refuses the alternative travel services or cannot accept them for objective reasons,
4. the traveler according to paragraph 7 letter a) of this article performs the remedy himself.
9. The traveler has the right to lodge a complaint about the package within two years from the end of the package, or if the package did not take place, from the day when the package should have ended according to the package travel contract. If possible, the traveler will attach the written record according to paragraph 8 of this article when lodging the complaint.
10. The traveler has the right to an appropriate discount according to paragraph 5 letter b), paragraph 6 or paragraph 7, all of this article. If CK DUBTOUR GROUP does not prove that the breach of the package travel contract was caused by the traveler, it is obliged to return to the traveler within 30 days from the date of lodging the complaint part of the price according to the first sentence with regard to the seriousness and duration of the breach of the package travel contract; this does not affect the traveler's right to claim damages.
11. If the package also includes the transport of the traveler, CK DUBTOUR GROUP in cases according to paragraph 6 and paragraph 7 letter b), all of this article, will ensure repatriation by comparable transport, and this immediately and without additional costs for the traveler.
12. If there is a person in the package travel contract who is subject to visa obligation and will not be granted visas to enter the country, he has no right to complain about the package due to the fact that visas were not granted, since CK DUBTOUR GROUP has no possibility to influence this fact.
13. If due to unavoidable and extraordinary circumstances it is not possible to ensure the traveler's return according to the package travel contract, CK DUBTOUR GROUP pays the costs of necessary accommodation, if possible of the same category and class, for a maximum of three nights per traveler. If longer deadlines for the traveler's return are established in special regulations on passenger rights applicable to the relevant means of transport, these longer deadlines apply.
14. The limitation of accommodation costs according to paragraph 13 of this article does not apply to persons with reduced mobility and persons accompanying them, pregnant women, minors without accompaniment or persons who need special medical care, if CK DUBTOUR GROUP was informed about their special needs at least 48 hours before the start of the package.
15. CK DUBTOUR GROUP cannot rely on unavoidable and extraordinary circumstances for the purpose of limiting liability to pay accommodation costs according to paragraph 13 of this article if the relevant transport provider cannot rely on these circumstances.
16. The traveler is entitled to deliver notification, request, complaint or grievance (hereinafter referred to as "proposal") relating to the provision of the package directly to the travel agency through which he purchased the package. The travel agency is obliged to forward the received proposal to CK DUBTOUR GROUP immediately. The day of delivery of the proposal to the travel agency is considered the day of delivery to CK DUBTOUR GROUP.
17. CK DUBTOUR GROUP will provide appropriate assistance to the traveler in difficulties immediately, even under the circumstances set out in § 22 para. 12 of the Package Travel Act, especially by providing
1. appropriate information about health care services, local authorities and the representative office of the Slovak Republic,
2. assistance to the traveler with remote communication and finding an alternative solution to the problem.
18. If the traveler finds himself in difficulties due to his intentional action or his negligence, CK DUBTOUR GROUP is entitled to demand from the traveler payment for the assistance provided. The amount of payment must not exceed the amount of actual costs incurred by CK DUBTOUR GROUP by providing assistance to the traveler.
19. The traveler, in addition to the right to an appropriate discount para. 5 letter b), para. 6 or para. 7 also has the right to appropriate compensation for property damage and also the right to compensation for appropriate non-property harm that he suffered as a result of a material breach of the package travel contract for which CK DUBTOUR GROUP is responsible. CK DUBTOUR GROUP will provide this damage compensation to the traveler immediately.
20. CK DUBTOUR GROUP can only be relieved of liability for damage if it proves that the breach of the package travel contract was caused by
1. the traveler,
2. a third party who is not a provider of travel services provided within the package, if the breach could not be foreseen or prevented, or
3. unavoidable and extraordinary circumstances.
21. If an international agreement to which the European Union is bound limits the scope of damage compensation or the conditions under which it should be paid by the provider of the travel service provided within the package, the same limitations also apply to CK DUBTOUR GROUP. If an international agreement to which the European Union is not bound limits the damage compensation that should be paid by the service provider, the same limitations also apply to CK DUBTOUR GROUP.
22. The contracting parties have agreed that the amount of damage compensation according to this article must not exceed three times the total price of the package. The agreement according to the previous sentence does not apply to injury, intentionally caused damage or damage caused by negligence.
23. The right to damage compensation according to this article, or to an appropriate discount, does not affect the rights of travelers according to special regulations. Damage compensation or appropriate discount according to this law and damage compensation or price reduction based on special regulations are deducted from each other. CK DUBTOUR GROUP's performance will be reduced by performance according to special regulations.
24. The contracting parties have agreed that in the case where the traveler claims the right to damage compensation or price reduction based on special regulations, he is obliged to notify CK DUBTOUR GROUP of the assertion of these claims and in what amount they were granted, and this for the reason of deducting damage compensation or appropriate discount according to the Package Travel Act from damage compensation or price reduction based on special regulations. If the traveler does not notify CK DUBTOUR GROUP of the asserted claim, he is responsible for the damage that arises to CK DUBTOUR GROUP as a result.
25. When resolving claims according to this article, but also damage compensation according to § 23 of the Package Travel Act,  the traveler is obliged to provide CK DUBTOUR GROUP with maximum cooperation so that deficiencies can be eliminated as effectively as possible and the emergence of any claims or damages is prevented or their scope is reduced.
26. Information about complaint procedures:
1. the traveler is entitled to lodge a complaint at the registered office and at any branch (establishment) of CK DUBTOUR GROUP. The complaint can also be lodged with the commission agent of CK DUBTOUR GROUP with whom the purchase of the complained package, or other complained service, took place.
2. The complaint is lodged personally with the issuance of confirmation of the complaint, by means of distance communication or by post. The client has the right to be instructed about his rights within the meaning of generally binding legal regulation, including about the conditions and method of complaint.
3. Persons authorized to receive complaints are employees of CK DUBTOUR GROUP and the commission agent of CK DUBTOUR GROUP with whom the purchase of the complained package, or other complained service, took place.
4. CK DUBTOUR GROUP ensures continuous presence of an authorized person entitled to receive and process proposals at the package location throughout the package.
5. A written document will be issued to the traveler about the processing of the complaint.
6. Processing of complaints takes place in accordance with the relevant legal regulation and the concluded package travel contract.
7. CK DUBTOUR GROUP maintains records of complaints, which contains data on the date of lodging the complaint, the date and method of processing the complaint and the serial number of the document on lodging the complaint.
27. CK DUBTOUR GROUP is responsible for errors caused by technical failures in the reservation system that it caused. If CK DUBTOUR GROUP agrees to ensure the reservation of the package, it is responsible for errors in reservation. CK DUBTOUR GROUP is not responsible for reservation errors caused by the traveler or unavoidable and extraordinary circumstances.
28. Rights that may have arisen to the traveler from breach of CK DUBTOUR GROUP's obligation, and which can be claimed from the concluded comprehensive travel or other insurance, the traveler will claim from the relevant insurance company.

II. For other services

1. In the event that a service is provided incorrectly, the ordering party has the right to assert claims in accordance with the relevant legal regulation and mutual contractual arrangements.
2. If it concerns the consequences of an incorrectly provided service that are directly detectable at the time of sale of the service (e.g. incorrectly determined payment obligation, detection of financial differences, discrepancy between the required and actually provided service), the ordering party is obliged to assert such deficiencies immediately directly at the time of sale of the service, when in the case of non-fulfillment of the stated obligation any claims of the ordering party from this title expire.
3. In other cases, the ordering party is obliged to assert claims from incorrectly provided services within the deadline determined by generally binding legal regulation and mutual arrangements.
4. Processing of the ordering party's complaints as to the content of the procedure and deadlines is ensured in accordance with the relevant legal regulation.
5. The ordering party takes note that in the case where a certain service is provided by a third party, the procedure for lodging a complaint, as well as the method of its processing, is influenced by the procedure for lodging complaint claims and the method of their resolution by the actual service provider and this must be respected.
6. The ordering party and CK DUBTOUR GROUP take note that the procedure for lodging complaint claims as well as the method and deadlines for their processing can be mutually agreed differently and in such case the mutual arrangement takes precedence over this complaint procedure.

III. Common provisions

1. The client (Client means the traveler, or ordering party) is entitled to lodge a complaint at the registered office and at any branch (establishment) of CK DUBTOUR GROUP. The complaint can also be lodged with the commission agent of CK DUBTOUR GROUP with whom the purchase of the complained package, or other complained service, took place.
2. The complaint is lodged personally with the issuance of confirmation of the complaint, by means of distance communication or by post. The client has the right to be instructed about his rights within the meaning of generally binding legal regulation, including about the conditions and method of complaint.
3. Persons authorized to receive complaints are employees of CK DUBTOUR GROUP and the commission agent of CK DUBTOUR GROUP with whom the purchase of the complained package, or other complained service, took place.
4. CK DUBTOUR GROUP ensures continuous presence of an authorized person entitled to receive and process proposals at the package location throughout the package.
5. A written document will be issued to the client about the processing of the complaint.
6. Processing of complaints takes place in accordance with the relevant legal regulation and the concluded package travel contract.
7. CK DUBTOUR GROUP maintains records of complaints, which contains data on the date of lodging the complaint, the date and method of processing the complaint and the serial number of the document on lodging the complaint.