#67306Satriani refund

Stav stížnosti

Celková doba trvání

Detail stížnosti

Vyjádření dTestu

If a cultural event is cancelled, the consumer has the right to request a refund. If the organiser of the event does not return the funds, it is holding a property benefit without a legal reason (the legal reason for cancelling the contract has fallen away), so it would be unjust enrichment. The person who has been unjustly enriched is obliged to return the benefit to the person who has been deprived of it immediately after the demand. If he fails to do so, he is in default and the impoverished party may additionally claim statutory default interest.

Contact Vanity Club s.r.o.:
- Email: info@vanityclub.cz,
- address: Příkop 843/4, Brno 602 00.

The organiser of the event may also be called upon to perform by a "pre-suit summons" pursuant to Section 142a of the Code of Civil Procedure. Sending a pre-action notice does not oblige anyone to file a lawsuit in court. However, in the event of success in the court proceedings, the party who has issued the pre-action notice is entitled to compensation for the costs of the proceedings. By sending the summons, the debtor is also notified of the possibility to pay the debt without further court costs. For more information on the requirements of a pre-litigation summons, see www.dtest.cz/clanek-3511/predzalobni-vyzva.

If the dispute cannot be resolved amicably, the consumer can turn to the out-of-court dispute resolution service of the Czech Trade Inspection Authority. This service is free of charge. A link to submit a proposal for out-of-court dispute resolution can be found at https://www.coi.cz/informace-o-adr/.


Should an amicable solution not be reached, the consumer can recover the money through a lawsuit for unjust enrichment. It is advisable to use a lawyer (www.dtest.cz/advokati) for representation. Once the court has issued a judgment which has become final and upholds the consumer's claim for reimbursement, it is possible to apply for enforcement. A pre-action notice must be sent to the debtor, with at least 7 days' notice, before taking the action to court in order for the consumer to be awarded costs by the court.

It is also possible to take the insolvency route, but this requires proof of the debtor's insolvency. A debtor is insolvent if he has at least two debts to different creditors, these debts are more than 30 days overdue and the debtor is unable to meet these debts.

An insolvency petition is filed either by a creditor against its bankrupt debtor or by the bankrupt debtor against itself. The insolvency petition shall be filed with the regional court in whose district the insolvent debtor has its registered office or is predominantly resident. In this case, the petition shall be filed with the Regional Court in Brno. A single creditor may also file an insolvency petition, but subsequently (if insolvency is opened) the others must file their claims.

There is no mandatory form for the insolvency petition, but it must be in writing. In addition, it must be signed by the claimant and his signature must be certified by a public official and meet the statutory conditions.

The insolvency register is publicly accessible to everyone. The debtor as a legal entity can then be traced by the name of the company or their identification number (ID number). The court, the administrator and the debtor himself are not obliged to inform their creditors. In insolvency proceedings, all decisions and notices are published only electronically.

For more information on the insolvency petition, the consumer can find it here: https://insolvence.justice.cz/slovnik-insolvencnich-pojmu/#insolvencni-navrh.

Vyjádření dTestu

Žádáme společnost, aby se ke stížnosti vyjádřila. V opačném případě bude stížnost uzavřena.

Vyjádření dTestu

Společnost byla o podané stížnosti informována, bohužel však dosud neprojevila zájem se k případu vyjádřit. Vzhledem k tomu, že služba VašeStížnosti.cz funguje na principu oboustranné dobrovolnosti, jsme nuceni stížnost uzavřít.

V případě potřeby další právní konzultace se spotřebitel může obrátit na naši poradnu na telefonní lince 299 149 009.