Preamble
Procedure for handling complaints and claims from customers, potential customers and third parties in PETRISK a.s.
I. Basic Provisions
1. Introductory provisions
1.1. PETRISK a.s., with its registered office at Michelská 1552/58, 141 00 Prague 4, ID No.: 267 06 245 (hereinafter referred to as the “Company”) is an independent insurance intermediary registered by the Czech National Bank under Act No. 170/2018 Coll., on the Distribution of Insurance and Reinsurance (hereinafter referred to as the “ZDPZ”).
1.2. The company is obliged to provide insurance services with professional care under the conditions set out in generally binding legal regulations.
1.3. The Vice-Chairman of the Board of Directors of the Company is responsible for handling complaints and claims within the Company.
This Internal Directive shall be binding on the employees, tied agents, their statutory representatives, if any, and employees and other persons working with the Company (collectively, the “Employees”) and it shall be the responsibility of the Employees of the Company to comply with this Internal Directive.
1. Subject matter of the Internal Directive
2.1. The subject of the Complaints Procedure is to establish rules for handling complaints and claims from customers, potential customers or other authorised persons, keeping records of complaints and claims and related activities.
2.2. For the purposes of this Internal Directive, a customer is a person who, on the basis of the Company’s intermediary activities, has concluded a written contract with a financial institution, the subject of which is a financial service (insurance).
2.3. For the purposes of this Internal Directive, a potential customer means a person to whom the services specified in Article 2.2 are offered.
3. The concept of complaints and grievances
3.1 A complaint is a submission by the Customer to the Company stating that the Company has provided a service to the Customer in breach of generally binding legal regulations and containing a request for a statement from the Company, rectification of the situation and/or compensation for damages.
3.2 A Complaint is a submission by a Customer or potential Customer complaining about improper conduct by Company Personnel.
II. Filing a claim or complaint
1. Authorised person
1.1. Only the customer is entitled to make a complaint.
1.2. In addition to the customer, a potential customer of the Company is also entitled to file a complaint.
1.3. A person acting under a power of attorney on behalf of a customer/potential customer of the Company is also entitled to file a complaint or grievance. The claim or complaint must then be accompanied by a power of attorney with a notarized signature of the principal, indicating the authority of the principal to file a claim or complaint on behalf of the customer/potential customer[1].
1.4. In the case of insurance products, the insured or another authorised person may also lodge a complaint or claim. For the purposes of this Internal Directive, the persons referred to in this clause, customers and potential customers are collectively referred to as “Customers”.
2. Form and details of the complaint or grievance
2.1. A complaint or grievance must be in writing (paper, electronic).
2.2. The complaint must be addressed to the Company and contain at least the following information:
a) indicating that it is a complaint or grievance;
b) identification data of the Customer – name, surname, residence, contact address for natural persons and business name, registered office, contact address, names and surnames of persons authorized to act on behalf of the legal entity for legal entities;
(c) the subject matter of the complaint or grievance – a statement of the facts on which the complaint or grievance is based;
d) what (subject of the complaint, complaint) the Customer is claiming;
e) the date and signature of the Customer or the Customer’s attorney.
2.3. The complaint or grievance must be delivered to the Company without undue delay after the fact to which the complaint or grievance relates has occurred, or without undue delay after the Customer has become aware of this fact.
2.4. A complaint or grievance may also be made at a personal meeting with an Employee of the Company, whereby a written record will be drawn up by an Employee of the Company within the scope of the data specified in Article II. 2.
2.5. There is no charge for filing a claim or complaint.
III. Receipt and handling of a complaint or grievance
1. Acceptance of a complaint or grievance
1.1. Complaints and complaints are received by the Company’s compliance officer (the “Compliance Officer”).
1.2. The authorized person of the Company shall be obliged to examine without undue delay after receipt of the complaint or grievance whether the complaint or grievance is submitted by an authorized person and whether the complaint or grievance meets the form and requirements specified in Article II, paragraph 1. 2.
1.3. In the event that the Company’s Authorized Person finds a violation of Article II, Paragraph 1. 1. or article
II. paragraph 2., or if it does not consider the complaint or grievance to be sufficiently clear and understandable, it shall invite the Customer in writing to complete or correct the complaint or grievance, with a warning that if such completion or correction is not delivered to the Company within a specified period (the period shall be set by the Vice-Chairman of the Company’s Board of Directors at his discretion, with a minimum of 14 days) from the delivery of the invitation, the Company shall be entitled to reject the complaint or grievance.
1.4. In the event that the Customer fails to comply with this request and fails to provide the Company with the necessary information or supplementation within the specified time period, or in the event that there is a violation of Article II, Paragraph 1. 1. or article
II. para. 2. irreparable, the Company is entitled to reject the claim or complaint. The Customer will be notified in writing of the rejection of the claim or complaint.
1.5. In the event that the Company’s Authorized Person finds no violation of Article II, Paragraph 1. 1. or Article II(2), or the conflict has been resolved by sending a notice pursuant to Article III(2). 1.3. and accepting the supplement or other remedy pursuant to that invitation, proceed to review the complaint or claim.
1.6. In the event that the complaint or grievance filed relates to the activities of a financial institution that provides a financial service to the Customer (hereinafter referred to as “Financial Institution”), the Company’s Authorized Person shall ensure that it is promptly forwarded to the Financial Institution and shall inform the Customer that the Financial Institution is the competent institution to handle the complaint or grievance. The terms and conditions for the handling of claims and complaints with a Financial Institution shall be set out in the Complaints Procedure of the relevant Financial Institution. The person in charge shall also inform the Vice-Chairman of the Board of Directors or the Chief Executive Officer of the Company of this procedure.
2. Handling a complaint or grievance
2.1. An authorized person of the Company is obliged to investigate the facts alleged by the Customer in the submitted complaint or complaint in cooperation with the Vice-Chairman of the Board of Directors of the Company or the General Manager of the Company, as the case may be, in cooperation with the Company’s Employee to whom the complaint or complaint relates.
2.2. If necessary, the Company’s Authorized Person is entitled to request statements from other Company Employees or other persons through whom the Company carries out its activities. These persons are obliged to provide their comments without undue delay.
2.3. The Company’s authorized person, in cooperation with the Vice-Chairman of the Company’s Board of Directors or the Company’s CEO, is obliged to decide on the complaint or grievance in one of the following ways:
a) in the event that the Company has actually violated the law or contractual provisions in the manner alleged by the Customer, the Company shall be obliged to fully satisfy the complaint or grievance and to acknowledge all that the Customer claims, or
b) in the event that the Company has actually violated legal regulations or contractual provisions, but not to the full extent claimed by the Customer, the Company shall be obliged to accept the claim or complaint in part and reject it in part; the Customer shall then be granted only that part of his claim which corresponds to the violation, or
c) in the event that there is no violation of general legal regulations or contractual provisions on the part of the Company, which the Customer claims, the Company is obliged to reject the claim or complaint as unfounded (unjustified).
2.4. The person in charge of the Company or the Vice-Chairman of the Board of Directors of the Company or the Chief Executive Officer of the Company, as the case may be, are obliged to duly justify their decision.
2.5. When dealing with a complaint or grievance, the Company’s Authorized Person or the Company’s Vice-Chairman of the Board of Directors or the Company’s CEO shall always communicate clearly and understandably with the Customer.
2.6. The Company is obliged to deal with the Customer’s claim or complaint immediately, but no later than 30 days from the date of its receipt, and to send the Customer a written statement within this period. This time limit does not include the time within which the Company has invited the Customer to complete the complaint or claim.
2.7. The Company publishes the procedure for filing and handling a claim or complaint “Complaint Procedure” on its website in the OTHER section.
IV. Recording of claims/complaints
1. Registration obligations
1.1. The Company’s authorised person is obliged to record and archive the following documents in connection with incoming complaints:
(a) the original of the complaint or grievance lodged, together with the power of attorney, if any, pursuant to Article II, para. 1.3,
(b) a copy of the invitation referred to in Article III(1.3), if one is issued,
c) the Customer’s response to the invitation under Article III, paragraph 1.3, if provided,
d) the Customer’s notification pursuant to Article III, paragraph 2.6, informing the Customer of the decision on his/her complaint or grievance.
1.2. The Company’s authorised person shall keep an electronic record of complaints received and resolved. The complaint and grievance registration form is attached as Annex 1 to this Internal Directive.
1.3. The documents referred to in Article IV, paragraphs 1.1 and 1.2 shall be retained by the Company for at least 5 years after the complaint or claim has been resolved.
V. Other provisions
In the event that the Customer disagrees with the handling of the claim or complaint, he/she is entitled to contact the supervisory authority of the Company, which is the Czech National Bank, with its registered office at Na Příkopě 28, 115 03 Prague 1, Czech Republic, www.cnb.cz, or to file a lawsuit against the Company in the competent court. The Customer is also entitled to apply to an out-of-court dispute resolution body, which is the Financial Arbitrator for life insurance – www.finarbitr.cz, for non-life insurance the Czech Trade Inspection Authority – www.coi.cz, or the Office of the Ombudsman of the Czech Association of Insurance Companies – www.ombudsmancap.cz. In the case of contracts concluded online, it is also possible to use the consumer dispute resolution platform available at http://ec.europa.eu/consumers/odr/. The Company informs the Customer of this fact in the customer documentation and in the complaint procedure located on the Company’s website pursuant to Article III.
para. 2.7.
VI. Final Provisions
It is in the Company’s interest to strictly follow the procedure for handling complaints and claims from customers, potential customers and third parties. In the event of damage to the Company caused by the fault of specific employees or associates of the Company, it will be subsequently claimed in accordance with the procedure set out in generally binding legislation.
- This Internal Directive may be updated by the Vice Chairman of the Company’s Board of Directors, the Company’s Chief Executive Officer or the Compliance Officer.
- This Internal Directive is kept at the registered office of the Company.
- This Internal Directive “A” Series is located at: https://www.petrisk.cz/reklamacni-rad/.
Prague, 14.03.2023
For PETRISK a.s.
Mgr. Eduard Bartek – Vice-Chairman of the Board of Directors
[1] A power of attorney with an officially certified signature is not required when represented by an attorney.
