homepage
about the bank
products
for SMEs
companies and corporations
project financing
for investors
exchange rates and fee tariffs
links
contacts

Exchange rates
valid for 19.05.2013

code buy sell
EUR 25.813 26.203
USD 20.062 20.366
Vodičkova 34, P.O. Box 870, 111 21 Praha 1, tel.: +420 222 843 111, fax: 224 226 162, e-mail: ceb@ceb.cz
sitemap > úvodní stránka arrow about the bank arrow rules for handling complaints and/or claims made by clients
Rules for handling complaints and/or claims made by clients

Česká 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

a) believe 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,

b) claim the protection of their personal rights and interests,

c) advert to deficiencies

ca) in procedure of the CEB or in performance of obligations by the CEB resulting from legal regulations,

cb) in conduct of individual employees,

in order to protect their interests and claim their remedy.

In 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”).

1. Complaint and Claim Procedure

Authorised Persons 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.


2. Conditions for claim receipt

A 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.

3. Conditions for complaint receipt

In 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.

4. Time limit for settlement of claims and complaints

The 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.

5. Possibility of appeal

If 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.

If 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.

6. Final provisions

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.

 

Copyright © 2006 ČEB, a.s., All rights reserved