Claims policy

CLAIMS POLICY

issued by APP.UMBRELLA, a.s., Antala Staška 1859/34, Prague 4, 140 00, Czech Republic, file B 22093 kept at the Municipal Court in Prague, IČO: 01855867

I. Submitting a claim

  1. Each client is entitled to file a claim about service of App.Umbrella, a.s. ("AU") free of charge, if the service has not been performed or if the method of the service or the payment is not in accordance with the concluded contract, the other conditions agreed between the client and AU, or if any AU employee or person who, under a mandate or contract, cooperates with AU to provide the service, acts against the client unfairly, unfairly or unfairly.

  1. The Client is entitled to submit a claim to AU

  1. AU may not refuse to accept a claim but may assign it to the responsible employee at its sole discretion.

II. Content of the claims

  1. Claims must be filed in such a way that it is clear who is submitting it, what is the subject of the claim, and if the client requests compensation for damage to property, it must indicate how and to what damage is to be compensated (e.g. credit the finance damages, delivering investment instruments at a certain price, etc.). If the client asks for the handling of his property as part of a claim settlement, a client's consent with such a procedure must also be part of the claim. AU verifies the identity of the person submitting and submitting the claim with the matter to which the claim relates in the form of filing a claim under Article I.2 of the Claims Procedure. If the claimant refused to be identified, he was not able to identify or be authorized to handle the account to which the claim relates, despite the AU's policy, the AU considers such a claim as if it had not been submitted.

  1. The Client is obliged, in his/her own interest, to give to the AU as much details as possible about the claim or conduct that may contribute to the prompt executing of the claim, in particular, client is obliged to disclose or transmit information, documents or other documents to the AU, which would be not available or the obtaining of which would be difficult for the AU and would lead to an unnecessary extension of time for the claim execution.

  1. If the claim does not contain all the details under paragraph 1 or 2, the AU is not entitled to reject the claim for this reason and is obliged to promptly request the client to fill out additional information about the claim without undue delay. If the client does not comply with the request, the AU is entitled to reject the claim for lack of communication. If the client cannot be reached, the AU is entitled to prolong the time for settling the claim accordingly.

III. Obligation of cooperation

  1. The client is obliged to provide maximum cooperation to reduce the potential negative consequences of the AU claim procedure.

  1. The Client is obliged to submit a claim immediately after finding the subject of the claim. If the client provides a claim with a delay even though he knew earlier about the occurrence of the claim, the AU may apply any compensation for damages to the values that were in effect when the client became aware of the occurrence of the claim and could submit the claim without undue delay. Evidence of the subject of a claim on the client side is e.g. an electronic record of certain facts (instructions, transactions, etc.) in agreed communication software.

  1. If the client has intended other transactions which occurred after breaching the AU's obligation, he/she is required to accurately describe his / her willingness to do so at the latest at the time when derives the compensation (e.g. validity of the purchase value or investment). Claims for damages without proof of will under the previous sentence will be disregarded.

  1. If the client submits a claim without any reason more than 1 month after the occurrence of the claim, he is entitled to claim damages at the AU, the amount of which will be determined by the AU for the time when the client found and could lodge a claim.

  1. If the request for settlement of the claim needs additional costs on the client side or part of the settlement is the handling of the client's assets, AU is obliged to require client's consent to the relevant activities in advance, and the client is obliged to grant or refuse the consent without delay. If the client refuses to grant consent or does not refuse or refuse it in time, AU is not obliged to compensate the client for any part of any damage caused by the client's incoherence. The handling of the client's assets is not the case when the client's assets change due to AU's fault or as a result of the fact of a client’s unjust enrichment. AU is authorized to place the client's property into its original status before performing an incorrect operation.

IV. Claim processing

  1. Every client has the right to have his/her claim sorted out within 30 calendar days from submitting. However, in justified cases, the AU may extend the deadline by up to 30 calendar days but must inform the client in time. If the claim relates to payment service claims, the deadline for processing the claim is 15 working days from submitting the claim. If the subject of the claim is a previously unrecognized transaction, the day of submitting the claim is considered to be the date of the transaction entry. AU is authorized, in reasonable cases, especially due to the necessary cooperation of third parties, to extend the deadline for processing the claim with 20 working days. This is the responsibility of AU to inform the client in advance.

  1. In cases when a client’s assistance is required, the duration of assistance is not included in the duration of claim processing.

  1. AU is obliged to inform the client about the way the claim is processed, in a form agreed with the client. Unless otherwise agreed with the client, response to the claim will be sent to the client by email or in printed form by post.

  1. If the client disagrees with the way the claim is handled, he/she is entitled to file a protest against it. For submitting and handling a protest, the same process as for claim is valid. By sending a protest, a new deadline of 30 calendar days (or 15 working days for a protest in the payment services) is open and can be extended under the same conditions as the extension of the deadline for processing the claim. The handling the protest as a remedy is dealt by a special AU officer appointed to this claim. AU doesn’t provide any remedy after a protest against the way how protest is handled. However, the client does not limit the possibility of submitting a claim to the court or, if the client is a consumer, to submit a proposal to the Financial Arbitrage or, if applicable, to the Czech Trade Inspectorate, or to submit a proposal The Czech National Bank in matters related to its competence (also as a supervisory authority for the protection of financial consumers); the Financial Arbiter, or the Czech National Bank, usually requires AU to provide all relevant documentation and statements from the relevant account.

This Claim Policy is effective since 07.02.2019. In respect of contracts entered into before the date of the force of this Claim Policy, these Claim Policy shall become effective on 07.02.2019 and shall, on the same date, replace the existing Claim Policy

 

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