Claims and complaints

Claims and complaints

1. Claims and complaints

1.1. Claims: A claim is a written request you make to us to correct an alleged improper procedure or outcome of our services. You may claim, for instance: our failure to perform contracted obligations laid out within the individual terms of business, your disagreement with the operational, technical or legal performance of individual activities, or operational and security incidents.

1.2. Complaints: A complaint is an expression of your dissatisfaction in connection with the contract. You may complain about, for instance: improper conduct by us or our employees, a breach of the agreed terms of business, operational and security incidents, or the way we handle your contractual claims.

2. Requisites

2.1. Claims and complaints should be made in a standardised manner so that the matter can be efficiently investigated and resolve and should include the following information:

• your full name, date of birth, and business registration number (sole traders);"
• your business name, trade name, and business registration number (bodies corporate);"
• your contact address and/or telephone number or email where you can be reached should we need to make further inquiries into the matter;"
• an apt description, relevant dates, amounts and matter of your claim and/or complaint – the description should be specific enough to allow us to deal with your claim and/or complaint (it you should provide, for instance, sufficient information as to the timing: the date of your claim and/or complaint, the date on which the circumstances occurred or should have occurred);"
• other relevant documents in support of your claim and/or complaint.

3. Time limits

Claims and/or complaints should be made in a timely manner, as soon as reasonably practicable, preferably within 10 days of the occurrence and no later than 60 days of the performance of the relevant service. Claims and/or complaints made after that time limit may be disregarded. By this, we do not say that we will not deal with them. We will, but the matter may not necessarily be concluded with a positive result.

4. Procedure

4.1. Claims and complaints should be made as follows:

• by email sent to podpora@thepay.cz
• by telephone at +420 565 554 910
• in writing, sent to Masarykovo námÄ›stí 102/65, 586 01 Jihlava.

5. Handling

5.1. Any claims and complaints we receive are immediately forwarded to our director, Daniel Havel, and a record of the claim and/or compliant is made in our system for future reference. Should any of these claims and/or complaints relate to our director, Daniel Havel, they are forwarded to our second director, Michal Kandr.

All claims and complaints are checked to assess whether they have been made by an authorised person and whether they include all information necessary to resolve the matter. If not, we may ask you for more information or relevant documents.

Director Daniel Havel:

• checks the legitimacy of the claim and/or complaint made
• obtains relevant background information to resolve the matter
• processes and maintains related documentation
• requests and obtains assistance from colleagues, where necessary
• resolves the matter and instructs to advise the claimant and/or complainant of the result and the reasons for the decision

5.2. Where the claim and/or complaint is found to be unjustified, it will be dismissed or turned down by Director Daniel Havel. If you are not satisfied with the outcome of the investigation, you can appeal to the outcome and submit your claim and/or complaint to Director Michal Kandr for review.

5.3. We may dismiss a claim and/or complaint where we determine that:

• The claim and/or complaint has been made by an entity other than our customer or the claimant and/or complainant cannot be identified;"
• The claim and/or complaint lacks information required to assess and resolve the matter and the missing details have not been provided within the reasonable time limit set by us;"
• The claim and/or complaint is already pending – in which case your request will be treated only as a supplement to the claim and/or complaint ;"
• The matter has already been decided by a court or similar body or has been brought before a court;"
• The time limit for making the claim and/or complaint has run out

5.4. We will inform you of the result primarily by email or, upon your express request, by letter sent to the address you have provided. We will bear the costs associated with the handling of your claim and/or complaint. Where we decide on your claim and/or complaint other than to your satisfaction, we will provide a thorough explanation of our decision and advise you of your right of referral to the financial arbiter.

6. Time limits

6.1. Upon receiving your claim and/or complaint, we will investigate whether the claim and/or complaint is justified. We should handle your claim and/or complaint within no more than 15 business days of receiving it. You must provide us with all assistance and cooperation that we may require in order to handle your claim and/or complaint, and in particular provide us in due time with complete and correct information, facts and necessary documentation relevant to the assessment of your claim and/or complaint.

6.2. Where we are prevented by circumstances beyond our control from responding to your claim and/or complaint within 15 business days of receiving your claim and/or complaint, we will inform you of the circumstances preventing us from doing so, and respond to you no later than within 35 business days of receiving your claim and/or complaint.

7. Records

7.1. We keep a record of every claim and/or complaint we receive. Every claim and/or complaint is recorded under a relevant reference number assigned to it, in an electronic database. The register of claims and complaints includes details of the claims and complaint received and of their resolution.

8. Alternatives

8.1. Where the matter falls within the jurisdiction of the financial arbiter, you have the right to have it considered by the Financial Arbiter of the Czech Republic seated at Legerova 1581/69, 110 00 Praha 1, www.finarbitr.cz. Proceedings conducted before the financial arbiter are governed by Czech Financial Arbiter Act No. 229/2002 Sb. You also have the right to have the matter resolved through mediation in accordance with Czech Mediation Act No. 202/2012 Sb.

9. Regulator

9.1. We are supervised and regulated by the Czech National Bank within the meaning of Czech Payments Act No. 370/2017 Sb., Section § 237 et seq.