Claim Procedure

Metropolitan Estates with registered office at:… , registered at the Trade Register Office of the District Court Bratislava I, under section:  Sro, insertion No.: /P (hereinafter referred to as "Real estate agency" or only "REA") issues in accordance with Act No 250/2007 Coll. on the protection of consumers this Claim Procedure.

1. Claim procedure regulates conditions, method and place of complaint handling and also mutual rights and duties of the Real estate agency and client within a framework of complaints procedure. Each client (hereinafter referred to as "consumer") shall be entitled to pursue complaint about service provided.

2. Consumer can make his complaint in any establishment of the REA or in the registered seat of the Real estate agency, or in writing on address: Metropolitan Estates, Einsteinova 11, Bratislava.

3. "Claim" means to stake a claim for verification of accuracy, quality or extent of provided service a/or liability for deficiencies in services of Real estate agency. Complaint of a customer related to non-compliance or false performance of duties by the third person shall not be considered a claim, nor shall be incentive of consumer for improvements in services of Real estate agency or other request with a subject different from services or activities of Real estate agency.

4. When making the claim consumer has the rights pursuant to Section 622 and Section 623 of the Civil Code. Rights and obligations of consumer related to application and settlement of claim are regulated by Section 18 and following, of Act No 250/2007 Coll. on the protection of consumers.

5. When applying for a claim consumer shall decide which of rights pursuant to Section 622 and 623 shall be applied. In case of claim consumer is obliged to submit all documents and evidence indicating validity of his statements. Based on consumer´s decision Real estate agency shall determine method of settlement of the claim without any delay, in complex cases within a period of 3 days the latest from the day of submitting the claim. In justified cases, especially if the complex assessment of quality or range of provided services by expert is required, method of settlement shall be determined within 30 days from the date of application of claim.

6. Following determination of the settlement of claim method, the complaint shall be settled immediately, in justified cases later, however, settlement of the claim shall take no longer that 30 days from the date of application for claim. After expiry of the settlement of claim period the consumer has the right to withdraw from the contract. "Settlement of the claim" means completion of complaints procedure by remedying of an insufficiently or not provided (part) of service and payment of an appropriate discount from the intermediary remuneration (commission). If claim is wrongful, Real estate agency shall dismiss the claim.

7. Real estate agency shall bear costs associated with settlement of the claim. Entitlement of the REA to the reimbursement for costs manifestly incurred when dealing with the wrongful claim shall be without prejudice.

8. Certificate of claim shall be issued by REA in case of lodging the claim. If the claim has been lodged through means of distance communication (e-mail), the REA shall deliver the certificate of receipt of the claim to consumer immediately. In case it is impossible to deliver the certificate of receipt of the claim immediately, it shall be delivered without undue delay with the document of settlement of the claim the latest.

9. REA shall issue a written document on settlement of the claim no later than 30 days from submitting claims.

 

GUIDANCE ABOUT ALTERNATIVE RESOLUTION OF DISPUTES

1. Consumer has the right to address the REA (e.g. by an e-mail at the address info@metropolitanestates.sk) with requests for rectification, if he is not satisfied with the way the Real estate agency has settled his claim, or in case he believes the REA has infringed his rights.

2. If the REA responds to this request in a negatively, or it has not replied to the request within 30 days from sending, consumer has the right to introduce application for starting the alternative resolution of disputes pursuant to Section 12 of Act 391/2015 Coll. on alternative dispute resolution for consumer disputes.

3. The Slovak Trade Inspection (SOI) shall be appropriate entity for alternative dispute solution for consumer disputes, where consumer may lodge application at address: Slovenská obchodná inšpekcia The Slovak Trade Inspection (SOI), the Central Inspectorate, Department for international relationships and alternative dispute solutions for consumer disputes, Prievozská 32, p. p. 29, 827 99 Bratislava 27 or electronically at address: ars@soi.sk, adr@soi.sk. Other entities entitled to alternative dispute resolution for consumer disputes are listed in on-line list of entities:

http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov

4. Client (consumer) of the REA can use a platform for on-line dispute resolution of consumer disputes for lodging of application for alternative dispute resolution available at the address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=SK

5. Application for commencement of the alternative dispute resolution of consumer dispute shall comprise:

a) name and surname of a consumer, delivery address, electronic address and phone number, if he has it,

b) accurate identification of Real estate agency,

c) complete and comprehensive description of decisive facts,

d) identification of what the consumer seeks,

e) date when the consumer had addressed the REA with request for rectification and he submitted information that attempt to solve the dispute directly with the REA was unsuccessful,

f) declaration that no other identical application for alternative resolution of disputes had been sent to other entity, or court or arbitration panel has not resolved the dispute, mediation agreement concerning the case has not been concluded, nor the case regarding the alternative resolution of the dispute has been completed in the way pursuant to Section 20 par. 1 (a) to (e) Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes.

 

Proposal for commencement of alternative dispute resolution for consumer dispute is available on-line at address:

https://www.slov-lex.sk/pravne-predpisy/prilohy/SK/ZZ/2015/391/20160201_4545799-2.pdf

This Claim Procedure replaces the previous Claim Procedure in full.

This Claim Procedure shall enter into force on 1st May 2017.