Claims/Complaints (as affect of 1.6.2024)

Definitions

1. GOPAY means GOPAY s.r.o., a trading company with registered office at Planá 67, 370 01 České Budějovice, company identification number: 26046768, entered in a Commercial Register maintained by the Regional Court in České Budějovice, Section C, Entry 11030. Terms such as “we”, “us”, “our”, “ours”, etc., that are used in the Account Terms of Use also have the same meaning. GOPAY is an Electronic Money institution that issues Electronic Money within the meaning of S. 4 of the Payment System Act and that operates the GoPay Payment System.
2. The Payment System Act means Czech Act No. 370/2017 Coll., which makes provision with respect to the payment system, as amended, which is in effect in the Czech Republic.
3. A Client means an individual or a legal entity that uses Electronic Money issued by GOPAY and recorded in the GoPay Payment System upon the Contract. Terms such “you”, “your”, “yours”, etc., that are used in the Account Terms of Use also have the same meaning. A Client is a holder of Electronic Money within the meaning of S. 1(d) of the Payment System Act.
4. Within the meaning of S. 4(1) of the Payment System Act, Electronic Money means a monetary value that:
   1. Represents a claim on GOPAY,
   2. is stored in electronic form,
   3. is issued upon receipt of funds for the purpose of making payment transactions and
   4. is accepted by other persons than its issuer (i.e. GOPAY).
5. Issue of Electronic Money means an exchange of money, which is transferred for a Client and received by GOPAY, for Electronic Money in an amount corresponding to the nominal value of the transferred money. Following its issue, Electronic Money is credited to the Client’s GoPay Account.
6. An Electronic Money Payment means the use of Electronic Money by individual Clients for mutual cashless payments among one another by debiting the respective amount of Electronic Money from a payer’s GoPay Account and the crediting thereof to a recipient’s GoPay Account.
7. Redemption of Electronic Money means an exchange of Electronic Money for banknotes, coins or cashless money in an amount corresponding to the nominal value of the exchanged Electronic Money that is made by GOPAY upon a Client’s request.
8. The GoPay Payment System means a set of GOPAY’s software and systemic solutions that enables payments via the Internet or other electronic devices, in particular:
   1. Electronic Money Payments,
   2. Issue of Electronic Money and
   3. Redemption of Electronic Money.
9. A GoPay Account means an account allocated to a Client in the GoPay Payment System where the Client’s Electronic Money is recorded and held. Pursuant to the Payment System Act a GoPay Account is a means of payment.
10. Complaints procedure is understood as this document, which, in accordance with the relevant legal regulations, sets out the rules for the application of your complaints and the rules for handling them, as well as the rules for mutual communication.

About Us

1. We hold a permit granted by the Czech National Bank to carry out the activity of an electronic money institution within the meaning of pertinent provisions of Czech Act No. 370/2017 Coll., which makes provision with respect to the payment system, and we are authorised to issue Electronic Money and provide payment services related to Electronic Money. We are subject to supervision by the Czech National Bank.
2. We operate the GoPay Payment System.

Claims, Complaints

1. You are entitled to make a complaint about erroneously made Electronic Money Payments, failure to receive money in the corresponding amount as part of Redemption of Electronic Money or another extraordinary event that has occurred in relation to the GoPay Payment System within 3 months from the incident about which a complaint is made.
2. You can make a complaint by sending a notification via the GoPay Payment System or to our e-mail address for complaints reklamace-klienti@gopay.cz. To send a complaint, you can also use the company's data box: x6pv62t. In the complaint, state precisely and concisely what it concerns, describe the essential circumstances and tell us how you require the complaint to be handled. Attach the documents you are referring to with your claim.
3. Upon receiving a complaint, we shall investigate whether it is justified. We are obliged to inform you of the outcome of our investigation and our position to the complaint within 15 working days from receiving it. In case of obstacles independent on our will this period is prolonged to 35 working days pursuant to S. 258(2) of the Payment System Act.
4. The previous paragraphs of this article of the Complaints Regulations shall apply mutatis mutandis to the submission and processing of complaints.
5. Depending on the possibilities and the nature of the matter, we provide you with essential ongoing information about the processing of your complaint or complaint. When communicating with you, we take care to provide you with information in a simple and understandable way.
6. In the event of a justified complaint, we are obliged to accept and carry out corrective measures, in particular to restore the previous status of your GoPay account, to compensate for the damage caused, to make the Payment with Electronic Money in accordance with the payment order, etc.
7. In the event that we take a position that does not fully meet your requirements, we will explain the resolution of the complaint or complaint in detail in our opinion and provide information about your option to insist on the complaint or complaint and contact the relevant authorities (see also Final Provisions below).
8. You are not entitled to any interest on the amount of an erroneously made Electronic Money Payment.
9. Complaints and reclamations and their handling are recorded internally in accordance with the established deadlines, in a manner that meets the requirements for information security.
10. Upon request and always in connection with confirmation of receipt of a complaint or complaint, we will provide you with written information about our complaint or complaint handling procedure, in the Czech language or in another language, if we agree on it with you.

Contact Details

1. The contact details for answering your questions are:
   • email: podpora@gopay.cz,
   • phone: +420 387 685 123
2. If you are not satisfied with the quality of the services provided by GOPAY, you can contact the complaints department in writing here:
   • email: reklamace-klienti@gopay.cz
   • databox: x6pv62t
3. If you suspect a violation of the protection of your personal data, its misuse or unauthorized processing, you can contact the personal data protection officer of the data controller here:
   • Ing. Zbyněk Eiselt, email: zbynek.eiselt@gopay.cz, phone: +420 725 417 316

Final Provisions

1. With disputes that may arise between us and you during the issuance and use of Electronic Money, you can also contact the Financial Arbitrator of the Czech Republic (Czech Act No. 229/2002 Coll. as amended), with registered office at Legerova 1581/69, 110 00 Prague 1. Your right to go to court is not affected by this, and disputes arising from the Agreement are discussed and decided before the courts of the Czech Republic, unless otherwise required by mandatory legal regulations. Disputes between you and us can also be resolved through mediation in accordance with Czech Act No. 202/2012 Coll., on mediation.
2. The supervisory authority over our activities is the Czech National Bank, with registered office at Na Příkopě 28, 115 03 Prague 1, Czech Republic. You have the right to complain to this supervisory authority. You can also contact the Office of the Public Defender of Rights with your suggestions or complaints, located at Údolní 39, 602 00 Brno, email: podatelna@ochrance.cz, phone: +420 542 542 888.
3. We have the right to unilaterally change these Complaints Regulations. If we change the Complaints Rules, we are obliged to notify you of this change at least two months in advance in the form of a message that will contain a link to the new Complaints Rules, from where you can print it or save it in electronic form. If you are not a small business owner or a consumer, the deadline for notification of changes to the Complaints Regulations is shortened to fourteen days.