INFINIT COMPLAINT RULES

These Complaint Rules are issued by Vodní a saunový svět s.r.o., business ID number: 053 47 092, registered office: Malletova 2350/​6, Libeň, Praha 9, postcode: 190 00, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 262271 (hereinafter “Infinit” or the “Company”), for the purpose of setting out:

  • the conditions of liability for defects in goods and services provided by the Company on the basis of a purchase contract or a contract for the provision of services, in particular massage services, sauna services, the sale of small items and refreshments, private zones and swimming pools, etc., and
  • a uniform, fast and correct procedure for dealing with complaints.

These Complaint Rules apply exclusively to cases where the person who claims rights arising from defects in the services provided by Infinit (hereinafter a “Customer”) is not a legal entity or a person who, when concluding the contract for provision of services, acted within the scope of his/​her business activity or within the scope of the independent performance of his/​her profession.

Article 1
General Provisions

The relationship between Infinit and a Customer is governed by Act No. 89/​2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) and Act No. 634/​1992 Coll., on consumer protection, as amended.

Article 2
Liability for Defects 

If services or goods were provided in violation of a contract for provision of services or in violation of a purchase contract, or if services or goods were not provided at all, it is generally defective performance and a Customer has rights arising from the defective performance, which the Customer is entitled to claim from Infinit (hereinafter a “Complaint”).

Article 3
Complaints
(claiming a defect)

  1. A Customer will make a claim for liability for defects in the form of a Complaint.
  2. Complaints about services must be filed with Infinit without undue delay after a service has been provided or should have been provided. Goods may be complained about within the statutory warranty period.
  3. Infinit is obliged to accept a Complaint in the establishment where the acceptance of a Complaint is possible with regard to the range of services and goods provided.
  4. A Complaint is made by pointing out a defect (describing the manifestation of a defect) and making a claim (request) arising from liability for such defect.
  5. The Company is obliged to issue a written confirmation of when a Customer exercised a right, what the content of the Complaint is and what method of handling the Complaint the Customer requires. Furthermore, the Company is obliged to issue a Customer with a confirmation of the date and method of handling a Complaint, or a written justification for the rejection of a Complaint.
  6. The Company or its designated employee will decide on a Complaint immediately, in complex cases within three business days. This time period does not include the time reasonable in accordance with the type of service required for a professional assessment of a defect. Complaints including the correction of defects must be settled without undue delay, no later than 30 days after the date of a Complaint, unless the Company and Customer agree on a longer period.

Article 4
Claims due to Liability for Defects

  1. If the defective performance is a material breach of contract, a Customer has the right to:
  1. correction of the defect;
  2. a reasonable discount on the price;
  3. withdraw from the contract.
  1. A Customer is obliged to notify Infinit of the right he/​she has chosen when notifying a defect or without undue delay after notification of a defect. A Customer cannot change a choice made without Infinit’s consent; this does not apply if a Customer has requested the correction of a defect that proves to be irreparable. If the Company does not correct defects within a reasonable period of time or if it notifies a Customer that it will not correct the defects, the Customer is entitled to request a reasonable discount on the services or goods or may withdraw from the contract.
  2. If a Customer does not exercise his/​her right in time, he/​she will have the rights as in the case of a non-​material breach of contract (see paragraph 4 of this article).
  3. If defective performance is a non-​material breach of contract, a Customer has the right to have a defect corrected or to a reasonable discount on the price of the service or goods. If the Company does not correct a defect in a service or goods in time or refuses to correct a defect in a service or goods, a Customer may request a discount on the service or goods and/​or withdraw from the contract. A Customer cannot change a choice made without the Company’s consent.
  4. Until the defect has been corrected, a Customer does not have to pay a portion of the estimated price of the service reasonably corresponding to his/​her right to a discount.
  5. If a Customer fails to notify a defect in time (Article 3 of these Rules), he/​she shall lose the right to withdraw from the contract.
  6. The assertion of a claim for liability for defects does not preclude a claim for compensation for damages.

Article 5
Final Provisions

  1. Any disputes arising out of or in connection with a contract on provision of services will be resolved by the locally and materially competent court of the Czech Republic in accordance with the Company’s registered office.
  2. The competent authority for the out-​of-​court settlement of consumer disputes arising from a contract on provision of services is the Czech Trade Inspection Authority, registered office: Štěpánská 567/​15, 120 00 Prague 2, business ID number: 00020869, Internet address: www.coi.cz.
  3. These Complaint Rules come into effect on 1 January 2022.