Rules - Online mediator

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Rules for out-of-court settlement of consumer disputes

Pursuant to the provisions of Section 20x of Act No. 634/1992 Coll., on Consumer Protection, as amended, (hereinafter referred to as the “Act”), the following rules for the out-of-court settlement of consumer disputes are issued, which regulate in more detail the procedure for the out-of-court settlement of consumer disputes (hereinafter referred to as the “Rules”).

 

PART ONE

Introductory provisions and governance principles

 

Article 1

These Rules regulate the procedure of the OnlineADR.cz, z.ú., ID: 06669433, with its registered office at K lesíku 70/1, Štěrboholy, 102 00 Prague 10 (hereinafter referred to as “OnlineMediator.cz”), in the out-of-court settlement of consumer disputes.

 

Article 2

1) OnlineMediator.cz is an authorized entity for out-of-court resolution of consumer disputes, unless this competence is assigned by law to a specialized entity for out-of-court resolution of consumer disputes.

2) The specialized body for out-of-court settlement of consumer disputes is:

(a) in the field of financial services, the financial arbitrator within the scope of competence established by the legislation governing the activities of the financial arbitrator,

  1. b) in the field of electronic communications and postal services, the Czech Telecommunications Office within the scope of competence established by the legislation governing electronic communications and postal services,
  2. c) in the field of electricity, gas and heating, the Energy Regulatory Office within the scope of competence established by the legislation governing the electricity, gas and heating sectors.

3) The director of OnlineMediator.cz and other persons appointed by the director or the board of directors of OnlineMediator.cz are authorized to act on behalf of OnlineMediator.cz in the proceedings for the out-of-court settlement of consumer disputes.

4) A natural person appointed to carry out out-of-court settlement of consumer disputes:

(a) have sufficient professional knowledge, i.e. a university degree in law and the necessary knowledge and skills in judicial or non-judicial dispute resolution,

(b) its term of office shall be at least 3 years,

(c) shall not be unreasonably removed from office,

(d) is remunerated in a manner that is not linked to the outcome of the out-of-court settlement,

(e) shall not take instructions from the parties to the dispute or their representatives,

  1. f) if, at any time during the out-of-court settlement of a consumer dispute, it discovers any circumstance that could affect its independence or impartiality, or could cause a conflict of interest with a party to the dispute, it shall notify OnlineMediator.cz of this fact without undue delay. In the event of notification of such a fact, OnlineMediator.cz is obliged to appoint another natural person to conduct the out-of-court settlement of the consumer dispute or to propose to the parties to refer the dispute to another competent entity for out-of-court settlement of consumer disputes. Otherwise, the natural person may only proceed with out-of-court dispute resolution if the parties to the dispute have been informed of the fact referred to in this point and have not objected.

 

Article 3

1) The aim of out-of-court settlement of consumer disputes is to reach an amicable settlement and agreement between the parties, based on mutual communication. If appropriate to achieve the purpose of the proceedings, OnlineMediator.cz actively communicates with the parties during the proceedings and guides them to reach an agreement.

2) OnlineMediator.cz is obliged to act impartially, fairly and without delay in resolving consumer disputes and only on the basis of facts established in accordance with the law and these Rules.

Article 4

1) OnlineMediator.cz cooperates with out-of-court dispute resolution entities and exchanges best practices with these entities regarding the resolution of cross-border and domestic disputes.

2) OnlineMediator.cz cooperates with other institutions and supervisory authorities for consumer protection. In justified cases, it may provide these institutions and supervisory authorities with information and findings obtained in the course of its activities, unless this is contrary to other legislation. It shall publish information on its activities in an appropriate manner.

 

Article 5

1) If OnlineMediator.cz receives a complaint submitted via an online consumer dispute platform within the meaning of Regulation (EU) No 524/2013 (ODR), OnlineMediator.cz shall immediately inform the parties whether it agrees to deal with the dispute or refuses to deal with it in accordance with Article 5(4) of Directive 2013/11/EU.

2) If OnlineMediator.cz agrees to deal with the dispute, it will also inform the parties to the dispute of its procedural rules and, if applicable, the possible costs of the out-of-court dispute resolution procedure in question.

3) If the OnlineMediator.cz proposal is forwarded via the online consumer dispute resolution platform within the meaning of Regulation (EU) No 524/2013, OnlineMediator.cz will promptly notify the online dispute resolution platform of the date on which it received the complaint file, the subject of the dispute, the date of termination and the outcome of the alternative dispute resolution procedure.

 

Article 6

OnlineMediator.cz is a member of the Travel_NET network. Within this network, it cooperates in particular in resolving consumer disputes where the seller has its usual place of business in another member state of the European Union, the United Kingdom, Norway or Iceland.

 

PART TWO

Out-of-court dispute resolution procedure

 

Article 7

Initiation of proceedings

1) Out-of-court settlement of a consumer dispute shall be initiated at the request of the consumer.

2) The proposal referred to in paragraph 1 shall include:

  1. identification data of the parties to the dispute,
  2. a full and intelligible description of the relevant facts,
  3. an indication of what the appellant seeks,
  4. the date on which the claimant first asserted the right in dispute with the seller,
  5. a declaration that the matter has not been decided by a court, an arbitration award has not been issued and no agreement has been reached between the parties in the context of an out-of-court settlement of a consumer dispute, nor have court proceedings, arbitration proceedings or out-of-court settlement of a consumer dispute been initiated,
  6. date and signature of the applicant.

3) The application to initiate proceedings is usually submitted via the online form on the OnlineMediator.cz website. The application may also be submitted in writing.

4) The claimant may file a claim no later than 1 year from the date on which he first asserted his right which is the subject of the dispute with the other party to the dispute.

5) The evidence of the fact that the claimant has not been able to resolve the dispute directly with the other party shall be attached, together with other documents evidencing the facts alleged, if available. If the applicant is represented by a power of attorney, the power of attorney will be attached.

6) If the proposal does not contain the prescribed requirements or if no documents are attached, OnlineMediator.cz will invite the applicant to complete them within 15 days. After the expiration of this deadline, the proposal will be rejected.

Article 8

1) OnlineMediator.cz will also reject the proposal if it finds from the proposal, its attachments or otherwise that

  1. the dispute does not fall within its subject-matter jurisdiction,
  2. the matter has already been decided by a court or an arbitral award has been issued or court proceedings or arbitration proceedings have been initiated or an out-of-court settlement of a consumer dispute has already been initiated or completed in the same matter under the Act,
  3. the applicant has filed the application after the time limit set out in Article 7(4) has expired, or
  4. the proposal is manifestly unfounded.

2) The application is manifestly unfounded, in particular if

  1. the claim is a resubmission and the claimant does not prove at the time of submission that it has complied with the conditions set out in the previous out-of-court settlement of the consumer dispute, if applicable; or
  2. by filing it, the appellant is clearly seeking to abuse its rights to the detriment of the other party.

(3) In exceptional cases, the application may also be considered unfounded if the applicant’s request is manifestly unjustified or objectively unfeasible.

4) The application may also be assessed as unfounded if insolvency proceedings have been initiated against the seller pursuant to Act No. 182/2006 Coll., on bankruptcy and methods of its resolution (Insolvency Act) and the effects of these insolvency proceedings are still in force; or if the seller has entered into liquidation pursuant to Act No. 89/2012 Coll., Civil Code, and the claimant has not yet asserted its right that is the subject of the dispute.

5) In the case of a rejection, OnlineMediator.cz may provide the claimant with qualified advice on the matter. However, OnlineMediator.cz’s legal assessment of the matter is not legally binding and may differ from any subsequent judicial or other decision.

 

Article 9

OnlineMediator.cz shall inform the parties to the dispute of the rejection of the proposal together with the reasons for rejection within 15 days from the date of its receipt, unless the facts constituting the reason for rejection are discovered later. In this case, it shall inform the parties to the dispute of the rejection without undue delay from the moment it becomes aware of the reasons for rejection of the proposal.

 

Article 10

Course of proceedings

1) The out-of-court settlement of a consumer dispute is initiated on the day OnlineMediator.cz receives a proposal pursuant to Article 7(1).

2) If OnlineMediator.cz does not reject the proposal, it will inform both parties of the initiation of the out-of-court settlement of the consumer dispute and will instruct them that

  1. do not need to be represented by a lawyer,
  2. they can use independent advice or third party representation or assistance,
  3. the consumer may terminate participation in out-of-court dispute resolution at any stage,
  4. have the right to express their opinion on the matter,
  5. may inspect documentation relating to the dispute under consideration, take copies or copies of the allegations, evidence, documents and facts submitted by the other party and comment on them,
  6. in cases referred to in Article 14, be informed in paper form or on another durable medium of the termination of the out-of-court settlement of the consumer dispute and of the facts which led to the termination of the out-of-court settlement of the consumer dispute,
  7. the initiation of out-of-court settlement of a consumer dispute does not affect the right of the parties to the dispute to seek protection of their rights and legitimate interests through the courts.

3) If the nature of the consumer dispute, the scope of the consumer’s factual claims and the documents submitted by the consumer on the subject of the dispute allow it, OnlineMediator.cz may send the seller a preliminary statement on the subject of the dispute together with the notification of the initiation of the consumer dispute. In this statement, it will briefly assess the facts arising from the application and the legal assessment of the subject matter of the dispute.

 

Article 11

1) If in order to reach an agreement on the subject matter of the dispute it is necessary to resolve a question that can only be assessed by an expert or an expert institute in a given field (hereinafter referred to as “expert in the field”), OnlineMediator.cz may propose to the parties to the dispute an expert in the field from the List of Experts and Interpreters and the List of Expert Institutes.

2) Unless otherwise agreed, in the case of the procedure under paragraph 1, OnlineMediator.cz shall instruct the parties to the dispute on the bearing of the costs of the expert’s work in the field and on the necessity of the parties’ agreement on the payment of the costs.

 

Article 12

1) The Seller is obliged to provide OnlineMediator.cz with a statement on the facts stated in the proposal within 15 working days from the receipt of the notification pursuant to Article 10(2).

2) The Seller is obliged to cooperate closely and to provide OnlineMediator.cz with the cooperation necessary for an effective out-of-court resolution of the consumer dispute.

 

Termination of proceedings

Article 13

1) The out-of-court settlement of a consumer dispute must be completed within 90 days of its initiation.

2) In the case of particularly complex disputes, OnlineMediator.cz may extend the time limit referred to in paragraph 1 for a maximum of another 90 days. The parties must be informed without undue delay of the extension of this period and of the total time by which the out-of-court settlement of the consumer dispute can be expected to be completed.

Article 14

Out-of-court consumer dispute resolution ends

  1. the conclusion of an agreement between the parties to the dispute,
  2. a unilateral declaration by the consumer of termination of participation in the dispute resolution notified to OnlineMediator.cz,
  3. by death, declaration of death, declaration of disappearance or dissolution of one of the parties to the dispute without legal successor,
  4. the expiry of the time limit referred to in Article 13,
  5. by rejecting the proposal

Article 15

1) OnlineMediator.cz shall inform the other party to the dispute without undue delay of the termination of the out-of-court settlement of the consumer dispute pursuant to Article 14 (b) or (c). If the out-of-court settlement of a consumer dispute pursuant to Article 14(d) is terminated, it shall inform both parties to the dispute without undue delay. OnlineMediator.cz shall provide the information in writing or on another durable medium.

2) If there is an agreement between the parties within the meaning of Article 14 (a), OnlineMediator.cz shall consider this agreement to be concluded on the basis of the parties’ confirmation, or on the basis of the plaintiff’s confirmation of the elimination of the subject matter of the dispute between the parties on the basis of this agreement. OnlineMediator.cz shall only file the concluded agreement between the parties if one of the parties to the dispute expressly requests it.

3) OnlineMediator.cz will ensure that the parties are informed of the legal consequences of such consent before they agree to enter into the agreement. Furthermore, OnlineMediator.cz shall ensure that the parties are given a reasonable period of reflection before agreeing to the proposed solution or amicable settlement, if they wish to do so.

4) If OnlineMediator.cz deems it expedient, it may issue a reasoned non-binding opinion on the subject of the dispute, which it shall deliver to the parties together with the notice of termination of the dispute within the meaning of paragraph 1.

 

Common provisions for the conduct of proceedings

Article 16

Delivery

1) The obligation to deliver a document to the parties to a dispute is fulfilled if it is delivered via the public data network to the addressee’s data box, to the address specified in the proposal for the initiation of out-of-court settlement of a consumer dispute or to the address, including electronic, which is communicated by the parties to the dispute to OnlineMediator.cz for the purpose of delivery. The letter shall be deemed to have been delivered even if the addressee did not learn of the delivery due to circumstances on his/her side.

2) In case the address of the seller stated in the proposal differs from its registered office in the public register, OnlineMediator.cz has the possibility to inform the claimant about this fact and invite him to supplement the proposal with the registered office of the seller.

3) If a party to the proceedings provides OnlineMediator.cz with its electronic address, or if such address is known to OnlineMediator.cz from its previous activities or is traceable from publicly available sources, OnlineMediator.cz has the possibility to deliver electronically also to this address. If OnlineMediator.cz deems it appropriate, it may serve the parties at more than one address, or in different forms, provided that the time limits under the Act and these Rules are calculated from the delivery to the first address of the disputant.

4) OnlineMediator.cz shall be entitled to refuse the address for delivery provided by the disputing party if it is not possible to deliver to that address or if it is obvious that delivery to that address would involve disproportionately high costs or would otherwise be difficult.

 

Language

Article 17

(1) Proceedings shall normally be conducted and documents submitted in the Czech language. The parties to proceedings may also conduct proceedings and submit documents in the Slovak language. In justified cases (in particular the conduct of cross-border proceedings), proceedings may also be conducted in English and, where justified, documents may be submitted in other languages.

2) A party who invokes a document in proceedings that is drawn up in a language other than Czech, Slovak or English is obliged to submit a translation of the document into Czech, Slovak or English at the request of the other party to the dispute or OnlineMediator.cz.

 

Directory

Article 18

A file is kept in each dispute, identified by a file mark. The file consists of the petition including attachments, all other actions of the parties to the dispute, actions of OnlineMediator.cz and other submissions related to the dispute. OnlineMediator.cz may also maintain the file electronically, or in both written and electronic form. The parties to the proceedings have the right to inspect the file and the right to receive copies of documents filed in the file.

 

Proving

Article 19

1) The party is obliged to adduce evidence in support of its allegations. Where a party relies on the contents of a document, it shall produce a copy of that document.

2) OnlineMediator.cz is not bound by the evidence proposals of the parties and is entitled to take evidence itself if it deems it expedient in the course of the proceedings. When resolving disputes and communicating with the parties to the dispute, it is based on the facts of the case and freely evaluates the evidence. All evidence may be adduced which is appropriate to establish the state of the case and which has not been obtained or taken in breach of the law. These include, in particular, documents, inspection, witness testimony and expert evidence.

3) OnlineMediator.cz may also contact entities that are not parties to the proceedings in the course of the proceedings if their explanations may be relevant to the course or outcome of the proceedings. The requested entity is not obliged to comply with OnlineMediator.cz’s request. If it does comply with the request, it shall not be entitled to compensation for the costs of providing assistance under this provision.

4) Proceedings shall normally be conducted in writing. If it is appropriate to achieve the purpose of the proceedings, OnlineMediator.cz may, with the consent of the parties to the dispute, order an oral hearing.

 

Cost of proceedings

Article 20

(1) Each party shall bear its own costs.

2) There is no charge for the proceedings.

 

Personal data protection

Article 21

OnlineMediator.cz processes the personal data of the parties to the dispute and any other entities of which it becomes aware in the course of its activities in accordance with the law. With the exception of the procedure pursuant to Article 15(1), it does not disclose or transmit such data to third parties.

 

Common, transitional and final provisions

Article 22

1) These Rules shall come into force and effect on the date of publication on the OnlineMediator.cz website.

2) Changes and cancellations of these Rules will be published by OnlineMediator.cz on the website, as a rule, at least 15 days in advance of their coming into effect.

3) These Rules are published on the OnlineMediator.cz website and are available to the public on request in paper form or on any other durable medium.

 

In Prague on 26th June 2023

Tomáš Večl, v.r.

Director of OnlineMediator.cz

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