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Czech Export Bank, plc, with registered office at Prague 1, Vodičkova 34, Postal Code 112 21 (hereinafter referred to as CEB or the bank) publishes the following rules for handling complaints and claims made by CEB’s clients, (hereinafter the “Rules”), which govern the basic principles and procedures of CEB and of individuals or corporate bodies, who
a) believe that their rights have been injured by CEB not complying with obligations as stipulated in an agreement on a product and/or services provided by CEB or in accordance with existing legal regulations,
b) seek the protection of their subjective rights and interests,
c) point out - in their interest - to inadequacies in
ca) CEB’s procedures or in the carrying out of CEB’s obligations under legal regulations,
cb) the behaviour of CEB’s employees
and seek their remedy.
In accordance with the Act No. 58/1995 Coll. on insurance and export financing with state support and on amendment of the Act No. 166/1993 Coll., on the Supreme Audit Office, as amended (hereinafter referred to as the “Act”) CEB provides supported financing in the area of exports and investments abroad and financial services related to these only to business entities, i.e., legal entities and physical persons-entrepreneurs. For this reason, CEB receives and handles only complaints and claims made by individuals with whom the bank is in contractual relations or by persons who are in negotiations to establish such a contractual relationship (hereinafter referred to as “authorised persons”).
1. Making a complaint and/or a claim
Authorised persons can contact the staff of the CEB’s registry with a written complaint or the staff of the Office of the CEB’s General Director in case of a written submission or in case of an oral statement of their objections. In case of oral complaints, which cannot be executed immediately upon their filing, an employee of the Office of the General Director, with an authorised person, draws up a record of the complaint, which is submitted to the authorised person for approval and signature. Complaints are accepted only in a written form through the registry employees. Receipt of complaints or claims is acknowledged by the receiving CEB’s employee, on a copy of the complaint or the claim. Information about the receipt of a complaint or a claim will be sent to the authorised person also in case of the delivery by mail, if the complaint of the claim is not processed within 10 working days. It is in the interest of the authorised person that the complaint contains the name and address of the complainant, in case of a business entity its business name, registered office, e-mail etc. for delivery of the CEB’s written response. CEB may not deal with anonymous complaints.
2. Conditions of acceptance of claims
A claim, which can be submitted only by a CEB’s client, is considered different from a complaint. The person who makes a claim regarding a failure in the bank’s performance must provide a precise description of the claim so that the subject of the claim is clear, and the manner in which the claimant’s rights were affected; further the legitimacy of the claim has to be supported with relevant documents - such as statement of account, copies of payment orders, contracts, etc. Should these documents not be submitted together with the claim, CEB will require their submission within a reasonable time. If the documents demonstrating the legitimacy of the claim are not submitted within that period or within an additionally provided time limit, or if the failure in performance is not otherwise demonstrated, CEB will reject the claim. The claim will also be rejected if the discard period for the relevant documents has elapsed or in the event of a court having already decided in the relevant case or if the court proceeding on the merit has already been commenced. Irregularities in the CEB’s performance must be claimed without any undue delay after the claimant has discovered a failure in the bank’s performance and not later than within the prescription period. The claimant can apply the right for a damage compensation at CEB within four years, commencing from the date on which the claimant learned or could have learned about the damage and about who is responsible for it. This period terminates, at the latest, upon the conclusion of 10 years from the date of the alleged breach. CEB does not provide compensation for time-barred claims.
3. Conditions for acceptance of a complaint.
In order to ensure rapid processing of clients complaints, it is requisite that the complaint should define as precisely as possible against which procedure of the bank, or against which procedure of the bank’s employee the complaint is conducted. If the complaint is made against the settlement of a claim it must include the claimant’s business name, identification number, address and account number or the number of the relevant agreement.
4. Time limit for proceeding of claims and complaints
A claim or a complaint will usually be processed within 30 calendar days. If CEB should not be able to meet this time limit, the authorised person will be informed in writing with reasons for a longer period of processing and with the final date stated for the decision on the claim or complaint. No fees are charged by CEB for the processing of a claim or a complaint.
5. Possibility of an appeal
If the authorised person is not satisfied with the resolution of the claim or complaint, he/she may address his/her opinion in writing to the CEB’s Compliance Officer or to the General Director. If the authorised person is not satisfied with the response to the claim regarding a payment transaction even after an appeal to the CEB’s Compliance Officer or to the General Director, he/she may apply to the Office of the Financial Arbiter of the Czech Republic (www.finarbitr.cz). The Financial Arbiter is legally competent to decide in disputes relating to the transfers of funds and the issuance and use of electronic means of payment, i.e. to activities that are covered by the Act on Payments (Act No. 124/2002 Coll.).
6. Final provisions
These Rules shall enter into force and become effective as of 15th January 2009. The rules are a publicly available document and are published on the CEB’s website (www.ceb.cz) and are also available at the CEB’s reception.
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