Complaints Policy

Claims Policy

of the company Emanate s.r.o., seated at Zadunajská cesta 3434/8, 851 01 Bratislava – district of Petržalka, Company ID: 56 459 955, registered in the Commercial Register of the District Court Bratislava III, section: Sro, entry no.: 180975/B

1. ÚVODNÉ USTANOVENIA

1. INTRODUCTORY PROVISIONS

1.1 Emanate Ltd., located at Zadunajská cesta 3434/8, 851 01 Bratislava - city district of Petržalka, company ID: 56 459 955, registered in the Commercial Register of the District Court Bratislava III, section: Sro, file no.: 180975/B (hereinafter referred to as "Company" or "Operator"), as the provider of the Service (as defined below), hereby issues this Complaints Procedure (as defined below) in accordance with the Consumer Protection Act (as defined below).

1.2 The purpose of this Complaints Procedure is to provide information to the Company's Clients (as defined below) regarding the conditions and procedures for filing complaints about the Services.

1.3 This complaint procedure is placed in a visible location in the premises (as defined below) and is published on the Provider's website.

2. DEFINITIONS

2.1 “Client” refers to:

a) a natural person who has reached the age of 18 at the time of registration;

b) a self-employed individual,

c) a legal entity.

who (i) has registered in the Operator's Booking System and (ii) is interested in using the services provided by the Operator.

2.2. “Premises” refers to the non-residential space designated as “TBA,” located at Steinov dvor 7880/3, 811 07 Bratislava, Slovakia, where the Halls (as defined below) are situated.

2.3. “Operator” refers to the term defined in section 1.1 of this complaint procedure.

2.4. “Complaint” refers to the assertion of liability for defects in the service ordered from the Operator.

2.5. "Claim Procedure" refers to this Company's claim procedure.

2.6. "Services" refers to the services involving the short-term provision of the use of the Space based on and according to the requirements of the Client in the Order, and in the manner and under the conditions specified in the general business conditions of the Operator.

2.7. "Consumer" refers to a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of their business activity or other entrepreneurial activity.

2.8. "Resolution of the Complaint" refers to the conclusion of the complaint process in one of the following ways:

a) by providing a substitute Service,

b) by refunding the price charged for the provided Service,

c) by granting an appropriate discount on the price charged for the provided Service or

d) by a justified rejection of the complaint.

2.9. "Consumer Protection Act" refers to Act No. 108/2024 Coll. on consumer protection and on amending and supplementing certain laws.

3. RESPONSIBILITY FOR SERVICE DEFECTS

3.1. The Provider is responsible for ensuring that the Service is free from defects and meets the quality requirements of the provided Service in accordance with the nature of the provided Service and the concluded contract.

3.2. If the Client discovers a defect in the provided service, they may submit a complaint to the Provider without undue delay after discovering the defect in the provided Service or the incorrect billed amount, no later than within 3 days; otherwise, the right to claim for service defects or the right to a refund of the incorrectly billed amount for the Service will cease to exist.

3.3 The Provider is obliged to provide the Client with a written confirmation of the reported service defect. The handling of the complaint will occur immediately, or in justified cases within 3 days. If this is not possible, especially if a complex technical assessment of the service condition is required, the Client will be informed of the deadline for handling the complaint no later than 30 days from the date the complaint was submitted.

3.4 The Provider will inform the consumer in writing of the reasons for rejecting responsibility for service defects if the Provider refuses responsibility for such defects.

4. CLAIMING A COMPLAINT

4.1. Claims can only be made to the Provider for Services that have been ordered and paid for to the Provider.

4.2. The Client is obliged to submit a claim to the Provider without unnecessary delay after discovering a defect in the Service, no later than 3 days after discovering the defect in the Service, otherwise the right to claim will expire.

4.3. The Client is entitled to submit a claim:

(i) for the quality of the provided Service; and

(ii) for the correctness of the price charged for the provided Service, if there is a reasonable doubt that the invoice for the Service was not issued in accordance with the agreement and the Provider's price list.

4.4. The Client is entitled to submit the Claim in any of the following ways:

(i) in writing to the registered address of the Company: Zadunajská cesta 3434/8, 851 01 Bratislava – the Petržalka district.

(ii) via email to the email address: support@emanate.sk

4.5. When submitting a Claim, the Client is required to provide at least the following information:

- their identification and contact details (residential address, temporary address, if applicable, registered address, phone number, email);

- the order number of the Service;

- the identification and description of the defect in the provided Service and how the defect manifested itself, as well as a time frame indicating when the Client believes the quality of the provided Service was compromised, possibly including photographs;

- indicate which of the claims for liability for defects they are asserting, and any other necessary information.

In the case of a Claim concerning the correctness of the billing for the provided Service, the Client must also indicate the date of the payment related to the Claim. The Provider decides on the amount of the provided discount, taking into account the nature of the defect and its duration.

4.6. The Provider is not responsible for incorrect or incomplete information provided by the Client in the Claim, for which the Client cannot be prompted to correct or complete.

4.7. The day on which the claim procedure begins is considered to be the day when the Client submitted the Claim to the Provider, i.e., the day when the Claim was delivered to the Provider in accordance with this article of the Claim procedure. If the submitted Claim does not contain all the required information according to point 4.5 of this article, the claim procedure begins only on the day all required information is delivered. If the Client does not correct or supplement the missing information even after being prompted by the Provider, the Claim will be considered unjustified.

5. HANDLING OF COMPLAINTS AND METHOD OF HANDLING COMPLAINTS

5.1. If there is a defect in the provided Service that can be rectified, the Client has the right to its free, timely, and proper removal. Upon receiving the Complaint, the employee responsible for handling the complaint will send the Client a notification of the acceptance of the Complaint.

5.2. When submitting a complaint by mail or via email, the Operator will deliver a notification of the receipt of the complaint to the contact address or email address provided by the Client; if it is not possible to deliver the notification immediately, it must be delivered without undue delay, no later than together with the document on the Handling of the complaint; the confirmation of the submission of the Complaint does not need to be delivered if the Client has the option to prove the submission of the complaint in another way.

5.4. If there is a defect in the provided Service that can be rectified, the Client has the right to its free, timely, and proper removal. The Operator is obliged to remove the defect without undue delay. The method of removing the defect is determined by the Operator.

5.5. The Client has the right to withdraw from the concluded contract:

(i) if the Service shows a defect that cannot be removed and that prevents the Service from being properly utilized as a defect-free Service;

(ii) the Operator did not handle the complaint within the 30-day period (in this case, it is considered a non-removable defect).

5.6. In the cases mentioned in point 5.5. of this article, the Operator may agree with the Client on the Resolution of the complaint by exchanging the complained Service for another one.

5.7. If there are other non-removable defects in the offered Service that do not prevent the provision of the Service, the Client is entitled to a reasonable discount on the price of the Service.

5.8. When resolving a complaint by providing a discount on the billed (invoiced) price, consideration will be given to the nature of the defect, the duration of the defect, and the possibility of further use of the Service. The amount of the provided discount is decided by the Operator.

5.9. The Provider reserves the right to refuse the Complaint if the decrease in the quality of the Service was caused by

(i) circumstances beyond the control of the Operator;

(ii) the negligent or unauthorized actions of the Client while providing Services, or those of other third parties that the Client knowingly or unknowingly allowed, even through their negligent conduct, such interference; or

(iii) if the Client did not submit a complaint immediately upon discovering the defect.

5.10. After the deadline for handling the Complaint according to the previous point has expired, the Client has the right to withdraw from the contract or the right to exchange the Service for another one.

5.11. After handling the complaint, the Operator will issue the Client a record of the complaint resolution, no later than 30 days from the date of submitting the complaint, which serves as confirmation of the complaint resolution. Along with providing the record, the Operator will fulfill their obligation resulting from the Complaint.

5.12. The Operator will inform the Client about the handling of the complaint by sending an email to the email address provided by the Client, along with the record (and possibly also a notification of the receipt of the Complaint) in case the Client requested information about the complaint resolution via email. If the Client requests information to be sent by mail, the Operator will send the record (and possibly also notification of the receipt of the Complaint) to the contact address provided by the Client in the Complaint.

5.13. The Operator keeps a record of complaints and will present it upon request to the supervisory authority for review. The records of Complaints must contain information on the date the Complaint was submitted, the date and method of handling the complaint, and the sequential number of the complaint submission document.

6. FINAL PROVISIONS

6.1. This Complaint Procedure forms an integral part of the general terms and conditions, and the Company reserves the right to change them at any time without prior notice to the Client. Any changes to the Complaint Procedure take effect on the day of their publication on the Company's website www.emanate.sk.

In Bratislava, on January 15, 2025