exportní banka, a.s.
(the Czech Export Bank), with its registered office at Prague 1,
Vodičkova 34, post code 112 21 (hereinafter referred to as “CEB”)
issues these Rules for handling complaints and claims filed by
clients of the Czech Export Bank (hereinafter referred to as “Rules”)
which regulate basic principles and procedures of acting between the
CEB and natural persons / legal entities who/which
that their rights have been affected by failure of the CEB to fulfil
its obligations agreed in a contract on provision of a product by the
CEB or obligations resulting from applicable legal regulations,
the protection of their personal rights and interests,
procedure of the CEB or in performance of obligations by the CEB
resulting from legal regulations,
conduct of individual employees,
in order to protect their
interests and claim their remedy.
accordance with the Act No. 58/1995
Sb., on insuring and export financing export with state aid and on
amendment of the Act No. 166/1993 Sb., on the Supreme Audit
Office, as amended (hereinafter referred to as “the Law”), the
CEB provides the state-aided financing of export and foreign
investments and relating financial services to business entities
only, i.e. legal entities and natural persons – entrepreneurs. For
the above mentioned reason, the CEB accepts and deals with complaints
and claims of persons the CEB is in a contractual relationship with
or persons who are negotiating about conclusion of such a contractual
relationship (hereinafter referred to as “Authorised Person”).
and Claim Procedure
may apply to employees of the CEB Registry with a complaint in
writing or employees of the Internal Control Department which is
subordinate to the Chief Executive Officer (hereinafter referred to
as “Internal Control Department”) with a complaint in writing or
with an oral complaint. In case of an oral complaint which cannot be
handled immediately upon its filing, the employee of the Internal Control Department draws up a complaint record which is approved and
signed by the Authorised Person. Claims are acceptable only in
writing by employees of the CEB Registry. A receiving employee of the
CEB acknowledges receipt of the claim or complaint on its copy.
Information on receipt of the claim or complaint will be sent to the
Authorised Person also in case of postal delivery unless it is
handled within 10 working days. The complaint has to include a name
and address of the Authorised Person or in case of a business person
its business name, registered office, identification number in order
not to be confused with another Authorised Person and possibly an
email address for delivery of a written response (reply). The CEB is
not obliged to handle anonymous complaints.
for claim receipt
claim that can be filed only by a CEB client
is not deemed to be a complaint. A person claiming defective
performance has to describe the claim so that the subject-matter of
the claim and manner in which the rights of the Authorised Person
have been affected are clear. Further, they prove legitimacy of their
claim with relevant documents – for example a balance statement, a
copy of a transfer order, a contract etc. In case of failure to
present these documents, the CEB calls the claiming person to present
them within a reasonable period of time. If the documents proving
the legitimacy of the claim are not presented even within a
reasonable period of time or the claimed failure is not proved
otherwise, the CEB dismisses the claim. The claim is not accepted
also in case when retention periods for a relevant type of documents
lapsed or the issue has been already decided by a court or the
proceedings with the court has been already initiated. The claim for
defective performance has to be filed without undue delay after its
detection or at the latest within a limitation period. The claiming
person may apply for damages from the CEB within a four-year period
starting on the day when they detected or could detect the damage and
the liable person. This period of time lapses at the latest after ten
years from the day of breach of the obligation. The CEB does not
provide performance from statute-barred claims.
Conditions for complaint receipt
order to ensure prompt settlement of a client's complaint is
desirable the complaint to be specified as accurately as possible
against which procedure of the CEB, or against what employee of the
CEB and their procedure the complaint is directed. If
the complaint directs against settlement of a claim, it has to
include a business name, registered office, identification number,
eventually an account number or a number of a relevant contract.
Time limit for settlement of claims and complaints
claim or complaint will be usually settled within 30 calendar days.
If the CEB is not able to meet this time limit, it will notify the
Authorised Person in writing of the reasoning about a longer time
limit for settlement of the claim or complaint and about a date set
for the settlement of the claim or complaint. The
CEB does not charge the Authorised Person with any fees for
settlement of the claim or complaint.
Possibility of appeal
the Authorised Person is
not satisfied with the settlement of the claim or complaint, they can
address in writing the Compliance Officer or the Chief Executive
Officer of the CEB.
the Authorised Person is still not satisfied with the settlement of
the claim in the field of payment transactions even after the appeal
with the Compliance Officer or the Chief Executive Officer of the
CEB, they may address the Financial's
Arbitrator Office of the Czech Republic (www.finarbitr.cz).
Pursuant to the Act No. 229/2000 Sb., on the Financial Arbitrator,
the Financial Arbitrator is competent to decision-making of disputes,
especially decision-making of disputes between providers and payment
service users when providing payment services within the meaning of
the Act No. 284/2009 Sb., on payment transactions.
These Rules come into force and effect on 12
December 2012. The Rules are a publicly available document of the
CEB, may be seen on the reception desk of the CEB and
are published on the website of the CEB www.ceb.cz.