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1) These Claim rules (“Claim rules”) stipulate in detail the claim process for claims against BENEFITY a.s., registered office Prague 6, Zelená 1990/27, Postal code 160 00, ID number: 618 60 476, registered in the Commercial Register maintained by the Municipal Court in Prague, Part B, Insert 8967 (“BENEFITY”) by clients in relation to the contract.
2) If the subject with which BENEFITY concluded a contract on providing electronic vouchers (“Client”) is sure that BENEFITY in specific cases did not proceed according to this contract (“Contract”), the client can make a claim against BENEFITY (“Claim”), under the terms of these claim rules, and, if the subject is not a customer, he can only apply the rights stated here and the provisions of Section 1923 and Section 1924 of Act No. 89/2012 Coll., of the Civil Code (“OZ”) will not apply.
3) These claim rules were issued by BENEFITY in accordance with the provisions of Section 1751 of the Commercial code.
4) If there are differences between these claim rules and the Contract, the provisions of the Contract have priority.
1) The client is entitled to make a claim only in accordance with Article II of the claim rules(“Claim rules”). A claim that does not comply with the claim terms will not be made properly.
2) The client must make a claim without delay after he ascertained or could ascertain facts indicating that BENEFITY did not proceed according to the contract.
3) The client is entitled to make a claim only as follows:
4) The claim of the Benefity application through which the system of electronic vouchers is operated (“Application”) does not concern the guarantee response period, can be made by a person authorized by the client.
5) When making a claim, the Client must give the following information:
If a client’s claim is submitted properly and in time, BENEFITY must investigate the reason for the claim within 30 days of receiving it and inform the client of the result. If BENEFITY considers the claim justified, it must remove the defects within this time.
The client is also entitled to make a claim if the availability guarantee stated in the general business terms of BENEFITY is not kept.
The guaranteed response time for availability shut-down is 2 hours during working hours and 5 hours outside working hours, always counted from the beginning of the claim according to Article II. of the claim rules. Working hours mean 8-17 during working days. The response time commences when the claim is properly made or BENEFITY discovers the shut-down before it is reported. In this case, BENEFITY must respond within 48 hours from the claim.
During claim proceedings the client undertakes to provide BENEFITY with all reasonable assistance.
1) Complaints about claim proceedings are settled by the Customer Care Department individually taking into account the circumstances of the case. BENEFITY undertakes to inform the client about the result of the claim.
2) The client is entitled to submit a complaint in writing according to Article II, par. 3) of these claim rules, the complaint must include details of the circumstances of the case.
3) During the complaint proceedings the client undertakes to provide BENEFITY with all reasonable assistance.
1) These claim rules do not apply to claim proceedings commenced before they come into effect.
2) The claim rules are accessible to clients at the Internet address www.benefity.cz.
3) BENEFITY has the rights to unilaterally change these claim rules and claim terms at any time in the way stated in the general business terms which are also available at the Internet address www.benefity.cz.
4) During a claim, unless stated otherwise by these claim rules, the client is entitled to require that BENEFITY additionally meets its obligations according to the contract and makes sure they are properly carried out in the future.
5) Benefits claim must be made by the client or its employees directly at the partners providing goods and/or services.
6) These claim rules become valid and effective on 10. 10. 2018.