A claim or a complaint received when providing payment services to the customers is any unfavorable customer experience when using the services.
A complaint is the customer’s dissatisfaction with the service provision process or interaction with the company’s employee, or general objections regarding the issues that are not regulated by the agreement between the customer and the company.
A claim means the customer’s appeal regarding a violation of the terms of the agreement with the company.
The Claim Consideration Rules contain the requirements, procedure and terms for complaint processing, information relating to the places for filing complaint and responsible persons, as well as other formalities of the complaint or claim process.
The Claim Consideration Rules is a publicly available document that can be viewed at the office (in hard copy) and on the company's website www.mercuriuspayments.com (www.mercuriuspayments.cz) (in electronic form).
The Claim Consideration Rules are valid since December 04, 2018.
Last update of the Claim Consideration Rules: December 04, 2018.
Place of appeal: I.P. Pavlova Square 1753/3, 120 00, Prague-2, Czech Republic (Náměstí I.P.Pavlova 1753/3, 120 00, Prague 2, Česká republika). Working hours: Mon - Fri: 9:00 a.m. - 04:00 p.m. Responsible person (name and surname, position): Olga Kravetska.
Place of appeal: Contact email of the Company: [email protected]. Working hours: The claims are accepted 24/7. Responsible person (name and surname, position): Olga Kravetska.
Place of appeal: Phone number of the company: + 420 228 886 830. Working hours: Mon - Fri: 9:00 a.m. - 04:00 p.m. Responsible person (name and surname, position): Olga Kravetska.
2. If the customer is not satisfied with the consideration, decision or result of his/her claim/complaint, he/she can issue a claim to the appropriate administrative authority (out-of-court settlement). This administrative authority can be as follows:
a) Financial arbitrator (www.finarbitr.cz) – in relation to the financial services specified in the Law No. 229/2002 “On Financial Arbitrator”, as amended;
b) Czech Trade Inspection (www.coi.cz) – in relation to the settlement of consumer disputes;
c) Czech National Bank (www.cnb.cz) - in the cases related to compliance with the prohibition of unfair practices, the prohibition of consumer discrimination, the obligations and rules for providing the cost of services and its establishment procedure, as well as the obligations established by the civil code for remote conclusion of the financial services agreements. The CNB decides on the situation only within the framework of the compliance assessment with the relevant legislative standards;
d) Ombudsman (www.ochrance.cz);
e) Personal Data Protection Department (www.uoou.cz).
III. Claim/complaint consideration procedure
1. Within 24 hours upon acceptance of the claim/complaint on the relevant form, the contact person of the company shall provide the customer with the following information:
a) Reference number of the claim or complaints;
b) The person responsible for the claim or complaint consideration;
c) The terms for processing and considering the claim or complaint;
d) Places of appeal and information about the possibilities communication with the company about the claim/complaint.
2. In order to obtain relevant evidence and information for the claim/complaint consideration, the contact person or other authorized employee of the company shall be entitled to request documents from the customer, including, among others, personal documents and commercial agreements. If the customer does not provide the relevant documents in due time, or in the case of any doubts about the reliability of the documents provided, the company shall request additional information.
3. The costs related to the claim/complaint consideration shall be borne by the company.
IV. Claim/complaint consideration terms
1. The company shall provide the customer with a response to his/her claim or complaint related to the payment services provision, within 15 days upon its receipt. The response to the claim or complaint shall be given by an e-mail sent to the customer’s e-mail address specified during registration. The service provider can give a response in a hard copy at the user's request, i.e. signed by the authorized representative and sealed the company.
2. In the case of difficulties beyond the control of the company that prevent from responding to the claim or complaint within 15 business days upon its receipt, or if the complaint or claim requires a longer period of time to study and clarify the situation details, the company shall notify the user about these difficulties within 15 business days and shall respond within 30 business days upon receipt of the claim or complaint.
3. In the case of difficulties that prevent from responding to a claim or complaint within 15 business days upon its receipt, the responsible employee shall send a response to the customer indicating the reasons for the delay and the actual term for the claim/complaint consideration. During the claim/complaint consideration process, the responsible employee shall stay in touch with the customer and answer any questions he/she may have or receive any additions to the submitted claim or complaint.
V. Rejection of complaint
1. The company shall be entitled to reject a claim or complaint in the following cases:
a) The claim/complaint does not contain all the necessary information for identifying and studying the complaint/claim, and the customer has not provided such information at the request of the responsible employee within the established period of 15 calendar days;
b) The defect arising during the service provision was not confirmed by the documents provided or otherwise;
c) The subject matter of the dispute has been resolved through litigation, or the subject matter of the dispute has been settled by the financial arbitrator.
2. The company shall prepare a response to the claim/complaint within the term specified in Part IV, where it shall indicate the reason for rejection of the claim/complaint.
VI. Fraud or technical challenge detection
1. In the case of the fraud or technical challenge detection during the payment services provision, the customer shall report the problem by calling the company's support service phone or directly to an employee in the company's office or to an employee of an authorized agent with whom the customer communicates.
2. The customer shall receive information about the settlement process of the detected fraud/technical challenge in the same way as when considering a claim/complaint (the procedure is described in Part III of the Claim Consideration Rules).
1. necessary information, the company shall be entitled to require the customer to supplement the information within 15 calendar days.
2. The customer can file a claim or complaint at any of the points of appeal listed in part II of these Claim Consideration Rules.