1.1. The Seller is, among other things, a provider of operational leasing of motor vehicles and, within its business activities, offers used motor vehicles from its ownership (hereinafter the “Vehicles”) for sale to third parties (hereinafter the “Buyer”). The subject of this Complaints Procedure is to define the recommended procedure of the Buyer when asserting a defect of the Vehicle (hereinafter the “Complaint”) and to establish the procedure of the Seller for handling the Complaint, as well as handling any complaint or other submission by the Buyer related to the sale of the Vehicle.

1.2. When selling Vehicles, the Seller does not provide the Buyer with a guarantee of the Vehicle’s quality pursuant to Section 2113 of Act No. 89/2012 Coll., the Civil Code, as amended and effective (hereinafter the “Civil Code”).

1.3. The Seller is liable for defects of the Vehicle under generally binding legal regulations within the scope of Sections 2099 et seq. of the Civil Code. If the Buyer, within the meaning of the Civil Code, has the status of a consumer when purchasing the Vehicle—i.e. the Buyer is not an entrepreneur or it was clear at the time of concluding the purchase contract that the contract was not being concluded in connection with the Buyer’s business activities (hereinafter the “Consumer”)—the Seller is liable for defects of the Vehicle under generally binding legal regulations within the scope of Sections 2158 et seq. of the Civil Code.

2.1. When purchasing the Vehicle, the Buyer fully acknowledges and understands that the Seller sells used Vehicles from its property 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 that the Vehicle had at the moment it was taken over by the Buyer;

2.1.2. that arose from the use of the Vehicle after it was taken over by the Buyer;

2.1.3. of which the Buyer was expressly informed by the Seller no later than at the moment of taking over the Vehicle;

2.1.4. of which the Buyer was aware or which the Buyer should have discovered with normal attention when concluding the purchase contract, based on an inspection of the Vehicle at the time of its handover by the Seller during a test drive if the Buyer requested such a drive;

2.1.5. that were caused by the Buyer’s own actions.

2.2. To ensure a thorough verification of the Vehicle’s technical condition and to minimize the possibility of defects, the Seller arranges a professional inspection and technical check of the Vehicle and allows the Buyer to inspect the Vehicle on the Seller’s premises in the presence of a third person authorized by the Buyer to perform the inspection and a professionally trained employee of the Seller.

3.1. The Buyer shall file a Complaint regarding the Vehicle with the Seller without undue delay after discovering a defect.

3.2. The Buyer shall file the Complaint with the Seller using the form available on the Seller’s website (to download this form, click here) or by sending an electronic message to the Seller’s data box or by sending an e-mail to martin.korizek@drivalia.com.

3.3. If the Buyer is a Consumer, the Complaint may also be filed at any of the Seller’s premises.

3.4. In the Complaint, the Buyer shall specify which Vehicle the Complaint concerns and describe the defect that has occurred on the Vehicle, providing a description of the faulty part of the Vehicle or the manifestation of the defect so that the Seller can assess the defect or propose the necessary steps for its immediate assessment.

3.5. The Buyer shall specify in the Complaint which claim under the Civil Code he/she is asserting in connection with the defect of the Vehicle.

3.6. The Seller shall record the Complaint and assign it a reference number, which will be communicated to the Buyer.

4.1. The provisions of this section of the Complaints Procedure shall not apply to Complaints filed by a Consumer.

4.2. If the Complaint is insufficiently specific such that the Seller is unable to assess the existence of a defect or its liability for the defect, the Seller shall promptly—typically within 3 days of receiving the Complaint—request the Buyer to supplement or clarify the Complaint.

4.3. The Seller shall assess the Complaint without undue delay and, in technically simple cases, typically within 3 days of receiving the Complaint, inform the Buyer whether the Complaint is rejected or whether it is recognized and to what extent.

4.4. If the assessment of the Complaint requires a professional inspection of the Vehicle—particularly at a service center—the Seller shall promptly inform the Buyer and agree on the procedure for ensuring the professional inspection. If the Vehicle is drivable and roadworthy, the Seller shall agree with the Buyer on presenting the Vehicle at a designated service center. If the Vehicle is not drivable, the Seller shall arrange towing to the designated service center in agreement with the Buyer.

4.5. In cases under Article 4.4 of this Complaints Procedure, the Seller shall assess the Complaint based on the service center’s technical report and, typically within 3 days of receiving the technical report, inform the Buyer whether the Complaint is rejected or recognized and to what extent.

4.6. If the Seller recognizes the Complaint in full or in part, the Seller shall promptly satisfy the Buyer’s related claim arising from the defect—particularly by ensuring the defect is remedied at the Seller’s expense.

5.1. The provisions of this section apply exclusively to Complaints filed by a Consumer.

5.2. The Seller shall issue the Consumer written confirmation of when the Complaint was filed, what the Complaint contains, and what method of resolution the Consumer requests.

5.3. The Seller or an authorized employee shall assess the Complaint immediately and inform the Consumer whether the Complaint is rejected or recognized and to what extent.

5.4. In complex cases requiring a professional inspection of the Vehicle, the Seller shall ensure such inspection at a designated service center or, in agreement with the Consumer, arrange the presentation of the Vehicle for inspection. The Seller shall assess the Complaint based on the technical report and, within three working days of receiving it, inform the Consumer whether the Complaint is rejected or recognized and to what extent.

5.5. The Seller shall handle the Consumer’s Complaint, including any defect removal, without undue delay and no later than 30 days from the date the Complaint was filed, unless the Seller and Consumer agree on a longer reasonable period, particularly due to the time required for the technical inspection and possible repair.

5.6. The Seller shall issue the Consumer confirmation of the date and manner of Complaint resolution, including confirmation of the repair and its duration. In the event of rejection of the Complaint, the Seller shall provide written justification.

6.1. If a professional inspection of the Vehicle is performed at a service center designated by the Seller, the Seller shall inform the Buyer—typically by e-mail—of the expected costs of the inspection. Upon receipt of the notice, the Buyer acknowledges the expected cost.

6.2. If the Seller recognizes the Complaint in full or in part, the Seller shall bear all costs of the Complaint to the extent recognized.

6.3. If the Seller rejects the Complaint in full or in part, the Buyer acknowledges that the Seller is entitled to require reimbursement of necessary and reasonably incurred costs related to assessing the Complaint—particularly the cost of towing the Vehicle to the designated service center and the cost of the professional inspection.

7.1. This Complaints Procedure is effective from 01 June 2021.