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of GymRoom CZ s.r.o., with a registered address at V Horkách 1404/13, Nusle, 140 00 Prague 4, Identification Number: 21136947.
In this complaints procedure, you will find information about your rights related to defective performance and other conditions for exercising these rights in connection with the services provided by us - GymRoom CZ s.r.o., with a registered address at V Horkách 1404/13, Nusle, 140 00 Prague 4, Identification Number: 21136947, under the service contract concluded with you.
The provision of services is governed by the provisions of the Civil Code No. 40/1964 Coll. This complaints procedure regulates the method of claiming the client's rights arising from the liability for defects in the provided service (complaints) and their resolution.
The client is not entitled to rights from defective performance if they caused the defect, particularly by violating the terms and conditions, the visitor's rules, and legal regulations.
The client is not entitled to rights from defective performance if they caused the defect during the service provided.
If GymRoom CZ is liable for defects limiting the operation of the provided service, the client has the right to exercise rights from defective performance.
In the case of a defect limiting the provided service, the client has the right to an appropriate discount from the original price. In the case of a defect that prevents the provided service from being performed, the client has the right to a full refund.
The defect is claimed in time if the written form of the complaint is sent to the lessor no later than the second day after the occurrence of the defect. If this is done later, the client is not entitled to a discount, refund, or withdrawal from the contract.
The client is entitled to file complaints about defects with the lessor in writing. Rights from defective performance are handled at info@gymroom.cz. The lessor is obliged to confirm the receipt of the complaint in writing without undue delay and decide on the manner of resolving the complaint within 30 days.
In the complaint, the client must describe the defect or specify how the defect manifests. If possible, the complaint should also be substantiated with factual evidence.
The client is obliged to file the complaint immediately, without undue delay, otherwise the right to complain expires. The service cannot be considered defective if the service of a lesser extent was caused by the client themselves. It is also not considered a defective service if it is due to force majeure – including interruptions in electricity supply to the extent that there is no entitlement to compensation from the electricity supplier. In such cases, the complaint will be rejected.
If the client exercises the right from liability for defects in the services provided to them, or that have already been provided to them, GymRoom CZ s.r.o. is obliged, after the necessary examination of factual and legal circumstances, to decide on the complaint. GymRoom CZ s.r.o. may resolve the claimed complaints to the extent of up to the amount of the entrance fee by providing a substitute service of the same value. When assessing the legitimacy of the client's exercise of the right from liability for defects, the authorized person is obliged to ensure a proper record of the complaint resolution. Claims from liability for defects claimed by the client exceeding the above scope are handled by GymRoom CZ s.r.o. within 30 days. This period does not include the time necessary for expert assessment of the defect. The complaint must be resolved no later than 30 days from the submission of the complaint by the client, unless a longer period is agreed with the client.
The client is obliged to provide the necessary cooperation in resolving the complaint, especially to provide information, present documents proving the factual situation, specify their claims in terms of reason and amount, etc. If required by the nature of the matter, the client must allow GymRoom CZ providing the relevant services to verify the legitimacy of the complaint.
In cases where the complaint is assessed as fully or partially justified, the resolution of the complaint consists of the free removal of the defect, providing a substitute service, or, by agreement, providing an appropriate discount from the price. In cases where the complaint is assessed as unjustified, the client will be informed in writing of the reasons for rejecting the complaint.
In other respects, the provisions of generally binding legal regulations apply, especially the Civil Code, the Commercial Code, and the Consumer Protection Act in its valid wording.
The Complaints Procedure is an appendix and an integral part of the terms and conditions, which, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended, govern the contractual relationship between GymRoom CZ s.r.o. and clients.
This Complaints Procedure enters into force and effect on January 16, 2024.