of the company Drivalia Lease Czech Republic s.r.o., with its registered office at Bucharova 1423/6, Prague 5 – Stodůlky, ZIP Code 158 00, Company ID No.: 636 71 069, VAT ID No.: CZ63671069, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 37940, date of registration 7 June 1995 (hereinafter referred to as the “Provider” or the “Seller”).
This Complaints Procedure governs the method of submitting complaints and other communication between the Client and the Provider in cases where the Client believes that the Provider has failed to comply with the terms agreed in the contract or with obligations arising from generally binding legal regulations.
1. Preamble
1.1. The Provider acting as the Seller is, among other things, a provider of operational leasing of motor vehicles and, within the scope of its business activities, offers for sale used motor vehicles from its ownership (hereinafter referred to as “Vehicles”) to third parties (hereinafter referred to as the “Buyer”). The purpose of this Complaints Procedure is to define the recommended procedure for the Buyer when asserting a defect of a Vehicle (hereinafter referred to as a “Complaint”) and to set out the Seller’s procedure for handling such a Complaint.
1.2. When selling Vehicles, the Seller does not provide the Buyer with a quality guarantee pursuant to Section 2113 of Act No. 89/2012 Coll., the Civil Code, as amended and effective (hereinafter referred to as the “Civil Code”).
1.3. The Seller is liable for defects of the Vehicle in accordance with generally binding legal regulations to the extent set out in Sections 2099 et seq. of the Civil Code. If, at the time of purchase of the Vehicle, the Buyer has the status of a consumer within the meaning of the Civil Code, i.e. the Buyer is not an entrepreneur or it was evident at the time of concluding the purchase contract that the contract was not concluded in connection with the Buyer’s business activity (hereinafter referred to as the “Consumer”), the Seller is liable for defects of the Vehicle in accordance with generally binding legal regulations to the extent set out in Sections 2158 et seq. of the Civil Code.
2. General Provisions
2.1. When purchasing the Vehicle, the Buyer fully acknowledges and understands that the Seller sells used Vehicles from its own assets and therefore, in accordance with the provisions of the Civil Code, is not liable for defects:
2.1.1. corresponding to the degree of use or wear and tear that the Vehicle had at the time of its handover to the Buyer;
2.1.2. that arose due to the use of the Vehicle after its handover to the Buyer;
2.1.3. of which the Buyer was expressly informed by the Seller no later than at the time of handover of the Vehicle;
2.1.4. of which the Buyer knew or must have known with the exercise of ordinary care already at the time of concluding the purchase contract, based on the inspection of the Vehicle upon its handover from the Seller during a test drive, if the Buyer requested one from the Seller;
2.1.5. that were caused by the Buyer’s own actions.
2.2. For the purpose of thorough verification of the technical condition of the Vehicle and minimising the possibility of defects, the Seller ensures a professional inspection and technical check of the Vehicle and allows the Buyer to inspect the Vehicle at the Seller’s premises in the presence of a third party authorised by the Buyer to carry out the inspection and in the presence of a professionally trained employee of the Seller.
3. Submission of a Complaint
3.1. The Buyer shall submit a Complaint regarding the Vehicle to the Seller without undue delay after discovering the defect.
3.2. The Buyer shall submit the Complaint regarding the Vehicle to the Seller via the form available on the Seller’s website.
3.3. If the Buyer is a Consumer, the Complaint may be submitted via the form available on the Seller’s website, by sending an electronic message to the Seller’s data mailbox, and also at any of the Seller’s premises.
3.4. In the Complaint, the Buyer shall specify which Vehicle the Complaint relates to and provide a description of the defect that has occurred, either by describing the defective part of the Vehicle or the manifestation of the identified defect, so that the Seller may assess the defect or propose a procedure necessary for its prompt assessment. The Buyer is obliged to provide the cooperation necessary for the verification of the Complaint and, if applicable, to submit documents proving the asserted facts and to specify their claims as to the grounds and amount. Otherwise, the relevant time limits shall be extended accordingly by the period during which the Buyer failed to provide the required cooperation.
3.5. In the Complaint, the Buyer shall state which claim under the Civil Code is being asserted in connection with the Complaint regarding the Vehicle.
3.6. The Seller shall register the Buyer’s Complaint and assign it a reference number, which shall be communicated to the Buyer.
4. Handling of a Complaint
4.1. The provisions of Article 4 of this Part B of the Complaints Procedure shall not apply to cases of Complaints regarding Vehicles submitted by a Consumer.
4.2. If the Complaint regarding the Vehicle is not sufficiently specific, i.e. the Seller is unable to assess the existence of a defect and its liability for the alleged defect based on the Complaint, the Seller shall promptly, usually within 3 days from the date of receipt of the Complaint, request the Buyer to supplement and clarify the Complaint.
4.3. The Seller shall assess the Complaint without undue delay and, in technically straightforward cases, shall usually inform the Buyer within 3 days from the date of receipt of the Complaint whether the Complaint is rejected or whether and to what extent it is accepted.
4.4. If the assessment of the Complaint requires a professional inspection of the Vehicle, in particular an inspection carried out by a service centre, the Seller shall promptly inform the Buyer and agree with the Buyer on the procedure for arranging such inspection. If the Vehicle is roadworthy and capable of being operated on public roads, the Seller shall agree with the Buyer on delivering the Vehicle to a service centre designated by the Seller. If the Vehicle is not roadworthy, the Seller shall agree with the Buyer on arranging towing of the Vehicle to a service centre designated by the Seller.
4.5. In cases pursuant to Article 4.4 of this Part B of the Complaints Procedure, the Seller shall assess the Complaint based on the technical report issued by the service centre and shall usually inform the Buyer within 3 days from receipt of the technical report whether the Complaint is rejected or whether and to what extent it is accepted.
4.6. If the Seller accepts the Complaint in full or in part, the Seller shall promptly satisfy the Buyer’s asserted claim arising from the defect of the Vehicle, in particular by arranging removal of the defect at its own expense.
5. Handling of a Consumer Complaint
5.1. The provisions of Article 5 of this Part B of the Complaints Procedure shall apply exclusively to Complaints regarding Vehicles submitted by a Consumer.
5.2. The Seller shall issue the Consumer with a written confirmation stating when the Complaint was submitted, what its content is, and what method of handling the Complaint the Consumer requests.
5.3. The Seller, or an employee authorised by the Seller, shall assess the Complaint immediately and inform the Consumer whether the Complaint is rejected or whether and to what extent it is accepted.
5.4. In complex cases where a professional inspection of the Vehicle is required to assess the Complaint, the Seller shall arrange such inspection at a service centre designated by the Seller or agree with the Consumer on delivering the Vehicle to a service centre designated by the Seller for this purpose. In this case, the Seller shall assess the Complaint based on the technical report issued by the service centre and shall inform the Consumer within three working days from receipt of the technical report whether the Complaint is rejected or whether and to what extent it is accepted.
5.5. The Seller shall handle the Consumer’s Complaint regarding the Vehicle, including any removal of the defect, without undue delay, no later than within 30 days from the date the Complaint was submitted, unless the Seller and the Consumer agree on a longer reasonable period, in particular due to the time required to arrange the professional inspection by the service centre and/or to remove the defect by repair.
5.6. The Seller shall issue the Consumer with a confirmation of the date and method of handling the Complaint regarding the Vehicle, including confirmation of any repair carried out and its duration. In the event that the Complaint is rejected, the Seller shall provide the Consumer with written justification for the rejection.
6. Complaint Costs
6.1. In the event of a professional inspection of the Vehicle being carried out at a service centre designated by the Seller, the Seller shall inform the Buyer, usually by e-mail, of the estimated costs of such inspection. By receipt of this notification, the Buyer acknowledges the estimated amount of the costs of the professional inspection.
6.2. If the Seller accepts the Complaint in full or in part, the Seller shall bear all costs of the Complaint to the extent in which the Complaint is accepted.
6.3. If the Seller rejects the Complaint in full or in part, the Buyer acknowledges that the Seller is entitled to request reimbursement from the Buyer for costs that the Seller necessarily and effectively incurred in order to assess the Complaint, in particular necessary and effective costs incurred for towing the Vehicle to a service centre designated by the Seller and for arranging the professional inspection of the Vehicle at such service centre.
This Complaints Procedure enters into force on 1 January 2026.
