Many people lose money not because they are wrong, but because they do not know they can speak up. At other times it is the reverse: someone writes an angry email where they have no claim, and the reply only makes them angrier. How to write a complaint is the second question. The first is: when do I already have the right to speak up?
A quick test: do I have a claim, or am I only asking for goodwill?
Before you start writing, answer these questions:
- Did the company promise you something in the contract, in the terms and conditions, on the price tag, in the price list or in an advertisement, and then fail to keep it?
- Did you get something other than what you paid for, or is the item defective?
- Are you paying for something you did not order, or that nobody told you about in advance?
- Have you paid for something you have not yet received or used up?
If at least one answer is yes, you already have the right to speak up, and it is worth doing it in writing. If every answer is no, you can politely ask the company to meet you halfway. At that point you are asking, not enforcing a claim.
An example that shows the line most clearly
A beauty salon, a counselling office or a private clinic offers two free consultations. You come for the third and leave with a bill.
If the terms clearly said "two free consultations", you used both, and you knew the price of the next consultation, you have no claim to a refund. The company did exactly what it promised.
A different situation arises when nobody told you in advance that the third consultation would be charged, and how much it costs. The Prices Act requires the seller to give you a chance to learn the price before negotiations on the purchase begin. This applies to services too. Here you already have something to rely on.
There is a third variant, the one people think of least: you have not yet used both free consultations, and the salon says they are gone. Here you are best off, because the company owes you something.
The same situation, three different outcomes. What decides is what you knew in advance, what was agreed, and what you have already received.
Seven areas where you have more rights than you think
For each area we have a separate article with specific situations and the statutory provisions you can rely on.
Claims you do not know about. Postage for a defect claim, default interest when the company returns your money late, or unused lessons on a pass. The company will not offer them to you on its own. A reminder is enough. You will find an overview in the article Claims you do not know about: when a company owes you money.
Shops and online shops. A different price at the till than on the shelf, a "discount" from a price at which the goods were never sold, or a washing machine in for repair for the third time with the same defect. More in the article Rights when shopping in a shop and online.
Services, tradespeople and restaurants. A service on the bill that nobody told you about, a tradesperson over budget, or a coat that disappeared from the cloakroom. More in the article A complaint about a tradesperson, a salon or a restaurant.
Phone and internet. A price increase gives you a month to leave without a fee, a week-long internet outage can be complained about, and a new phone with a tariff does not itself extend the contract. More in the article Rights of an operator’s customer.
Energy. If the supplier sends a billing statement or handles a complaint more than 30 days late, it owes you a penalty of up to CZK 5,000. More in the article Rights of an energy customer.
Travel. Compensation of 250 to 600 euros for a delayed or cancelled flight, a quarter of the ticket price for an hour of train delay, and your money back for a cancelled package holiday. More in the article Passengers' rights: flight, train and package holiday.
Tenancy and fines. The landlord must not enter the flat unannounced, the security deposit has a statutory cap, and you do not have to pay an on-the-spot fine if you disagree with it. More in the article A tenant’s rights and how to contest a fine.
When a complaint makes no sense
- You knew the terms and the company kept them, as with free consultations you had already used up.
- You want to return a non-defective item bought in a brick-and-mortar shop. The statutory right to withdraw from the contract within 14 days applies to distance purchases and purchases made outside a shop. But if the shop promised returns in its terms or on the receipt, the promise holds.
- The item wore out through ordinary use. The law does not treat that as a defect.
Even in these cases you can ask. Just expect that the company does not have to agree.
How to speak up so the company cannot ignore it
When you have a claim, put it in writing and keep it factual. Describe what happened and when, and attach evidence, such as a receipt or photos. At the end, write exactly what you are asking for and by when. An angry email with no specific demand is easy to set aside. More tips are in the article How to write a complaint so the company takes it seriously.
What to do next
You know you have a claim, but you do not know how to word the letter? For defect complaints, promises the company did not keep, disputed bills, compensation for a delayed or cancelled flight or train, a defect in a package holiday, a security deposit or a parking fine, describe your situation to Legamik and Legamik will prepare a letter for you in a few minutes, which you send yourself. It also watches the time limits that are running in your situation.
Legamik is not a law firm and does not provide legal advice. In complex disputes we recommend consulting a lawyer.