Dispute resolution procedure

What should I do if I have a dispute with an Agency or a service provider?

The procedure for settling a dispute with a seller or service provider is specified in Article 261 of the “Law on Consumer Protection” dated March 18, 1999.

 

Step 1

Any dispute arising between the consumer and the seller or service provider is resolved through negotiations, during which the parties try to reach an agreement. Disputes in connection with certain services are resolved in accordance with the procedure specified in the General tourism and other tourism-related services terms and conditions and the corresponding agreements for the provision of services. The Agency does not deal with disputes concerning services provided by third parties with which the consumer enters into contracts directly, if this is directly stated on the Agency's websites.

 

Step 2

If the dispute between the consumer and the seller or service provider cannot be resolved through negotiations, the consumer submits a written application to the seller or service provider indicating: 1) name, surname, address of residence and contact information; 2) the date of submission of the application; 3) the nature of the dispute, claim and justification.

 

Electronic submissions do not require a signature. Attached to the application are copies of documents certifying the transaction, as well as other documents confirming the application (if possible).

 

The seller or service provider provides the consumer with a written response within 15 working days from the date of receipt of the application and reports on a possible way to satisfy the claim or settle the dispute if during this period no agreement was reached on the fulfillment of the consumer’s claim or an alternative way to fulfill the claim.

 

If, for objective reasons, it is impossible to respond to the consumer’s application within 15 business days, the seller or service provider must immediately notify the consumer in writing, stating a reasonable time during which the answer will be provided, and justifying the need for such an extension.

 

If the seller or service provider considers the consumer’s claim to be unreasonable or willing to offer the consumer to resolve the dispute in a different way, he must notify the consumer in writing within the aforementioned period. The seller or service provider is obliged to justify the refusal to comply with customer claim.

 

If the consumer is satisfied with the decision proposed by the seller or service provider, the dispute is resolved.

 

Step 3

If the seller or service provider refuses to satisfy the consumer’s claim or the consumer is not satisfied with the decision proposed by the seller or service provider, the consumer has the right to apply:

  1. to the Consumer Rights Protection Center to get help in resolving the dispute;
  2. to the mediator on out-of-court settlement of disputes with consumers, if such has been created in a certain field of activity;
  3. to the Dispute Resolution Commission, if the assistance provided by the Consumer Rights Protection Center in resolving the dispute did not lead to a result and in relation to the relevant field of activity it is possible to convene a Dispute Resolution Commission;
  4. to court.

 

Consumer has rights to raise a claim about good or service, which is not in compliance with provisions of the contract, during 2 years from the day of purchase of good or receiving of service. The consumer shall submit a statement of claim to the trader or service provider within two months from the day when non-conformity of the good or service was discovered.

 

Do I have additional options for resolving a dispute? 

Yes, if an agreement is concluded with you online, you can use the online dispute resolution platform, which was created and operates in accordance with Regulation No. 524/2013 of the European Parliament and the Commission of 21 May 2013.

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