We have prepared a clear guide that will advise you when to write directly to the seller, when to use out-of-court resolution (ADR) and when it makes sense to file a complaint with the supervisory authority. You will also learn how to write a complaint and what deadlines to watch out for to ensure your right is not time-barred.
How consumer protection works in the Czech Republic
The basic framework for consumer protection in the Czech Republic is mainly the Consumer Protection Act and the Civil Code. The Consumer Protection Act regulates, among other things, the obligations of entrepreneurs, the tasks of state authorities in the area of supervision and the system of out-of-court dispute resolution (ADR). The Civil Code, in turn, defines who is a consumer, who is an entrepreneur, what a consumer contract is and sets out, among other things, limitation periods.
It is also important that consumer protection is not ensured by one authority, but by a whole network of institutions – ministries, the Czech Trade Inspection Authority, the Czech National Bank, special regulators (energy, telecommunications), sanitary authorities, veterinary supervision, the ombudsman and independent consumer organisations.
For you as a consumer, the most important thing is to know when it is enough to write to the seller, when you need to involve a third party (ADR) and when to go directly to the supervisory authority.
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When to write to the seller and when it’s time to take the next step
Whether you’re dealing with faulty goods, a disputed utility bill or a problem with your bank, the first step should always be to contact the business directly – the retailer, service provider, bank, insurer or operator. The logic here is clear: the Consumer Protection Act and the specific regulations are based on the premise that you should first try to resolve the dispute between you and the trader, without the intervention of the state or any other third party. At the same time, without a prior complaint or claim, you usually cannot initiate out-of-court dispute resolution (ADR). For example, with the Czech Trade Inspection Authority and other ADR bodies, you must prove that you first exercised your right directly with the seller or provider.
The first written complaint, claim or request for redress should be as specific as possible. Always include who you are – your name, address, email and phone number – so that the trader can give you a clear answer. Similarly, clearly identify the business you are complaining about, ideally with its name, VAT number, address and, if applicable, a link to the e-shop if it was an online purchase. Then describe the problem itself: what you bought, when and at what price, how the defect manifests itself or what exactly the fault is. Follow this description with the most important thing – what you are asking the trader to do. Make it clear whether you want a repair, a replacement, a reasonable discount, a withdrawal from the contract and a refund, or even cancellation of the contract. Finally, give a reasonable time limit for dealing with the complaint, usually 30 days (this is also the maximum time limit for complaints about goods, which is set by law).
We strongly recommend that you make your submission in writing – e.g. by e-mail, by data box or by registered letter. This allows you to prove exactly when you first exercised your right, which is important not only for assessing the correctness of the trader’s actions, but also for further steps, such as the time limit for initiating out-of-court dispute resolution or for assessing the statute of limitations.
When to negotiate and when to change strategy
After the first complaint or claim has been sent, the negotiation phase begins. It makes sense to continue communicating if the business responds, albeit perhaps more slowly, if it is willing to acknowledge the fault but is still looking for a technical or organisational solution, or if it needs to add some supporting documents, such as a copy of the invoice or photographs of the defect.
On the other hand, it is advisable to change strategy and step up if the trader does not respond at all, even though he has a clear and documented submission from you, if he rejects the complaint without a factual and reasonable reason, or if he behaves unethically, for example, by intimidating you with non-existent fees, threatening unjustified sanctions, etc.
In such a situation, it is no longer just an ordinary misunderstanding, but a dispute that often requires the intervention of a third party. This is where the next level of consumer protection comes in – out-of-court dispute resolution (ADR) or referral to supervisory authorities.
Out-of-court dispute resolution (ADR) – what it is and when to use it
ADR (“Alternative Dispute Resolution”) refers to the out-of-court resolution of consumer disputes. It is a formal procedure conducted by a special body called an ADR entity. Its purpose is to help settle the dispute between you and the business so that you can avoid going to court if possible.
Importantly for you as a consumer, ADR is usually free – you only pay your own costs, such as expert reports or copies of documents. You can only use an out-of-court solution if you have first tried to resolve the problem directly with the trader, typically by making a complaint or writing to the trader. The law also sets out a timeframe – you must file a motion to initiate ADR within one year from the date you first exercised your right with the business, i.e. from the date of the first complaint. Importantly, ADR is only used for disputes between consumers and businesses. It does not apply to relations between two businesses or between two non-business individuals.
The aim of out-of-court resolution is primarily to reach an agreement. If no agreement is reached, the ADR entity may issue a final opinion. For some bodies, typically a financial arbitrator, these decisions are binding and can be enforced in a similar way to a court judgment.
When is ADR appropriate and when is it more appropriate to go to court?
Out-of-court dispute resolution is particularly useful when you are arguing about how to resolve a problem with a good or service, when a business has not acknowledged your complaint or has not responded at all, and when you do not want to spend time and money on court proceedings right away but need an independent expert view of the situation. For many consumers, ADR is an opportunity to get an impartial opinion and try to reach an amicable solution on much simpler terms than in court.
Conversely, court proceedings make more sense where you have suffered more significant damage that you want to claim as damages (for example, lost profits or high financial losses) or where the business is not voluntarily complying even after ADR has ended, and so tougher enforcement is needed.
In practice, however, a large number of conflicts are already resolved at the ADR stage. It is often easier and cheaper for the seller to settle or accommodate you out of court than to risk sanctions from the supervisory authorities, negative publicity and possible litigation.
The main subjects of ADR
The choice of ADR entity is always based on what your problem is. For ordinary purchases of goods and services, whether in brick-and-mortar shops or e-shops, for travel agencies, services or various work contracts, you most often turn to the Czech Trade Inspection Authority (CTIA). It settles most consumer disputes out of court, for which the law has not given jurisdiction to someone else.
If the problem is related to a bank, credit card, consumer loan, insurance, investment product, pension savings or some services related to cryptoassets, the financial arbitrator comes in. Its decisions are binding and financial institutions must comply with them, just like a court judgment.
If you have a dispute with your mobile operator, internet or TV provider or certain postal services, you should contact the Czech Telecommunications Office (CTU).
If the conflict is about electricity, gas or heat supply, the Energy Regulatory Office (ERO) is the main contact.
A specific area is disputes between lawyers and their clients – consumers. If you are not satisfied, for example, with the amount of the lawyer’s fee or the quality of the legal service provided, you can use out-of-court dispute resolution at the Czech Bar Association, which has its own procedures for such cases.
ODR – what it was and why it is no longer used
In the past, the term ODR (Online Dispute Resolution) was often used in the context of consumer protection, i.e. the European Commission’s online platform for resolving cross-border consumer disputes when shopping online. This allowed a complaint to be lodged against, for example, a foreign e-shop using a single form.
However, as of 20 July 2025, the European ODR platform has been abolished and no longer accepts new complaints. At the same time, businesses (mostly e-shops) are no longer obliged to refer to it. However, the obligation to inform about the possibility of using ADR under the Consumer Protection Act remains.
So, if you are dealing with a problem with a foreign trader in the EU (or in Norway or Iceland), instead of the former ODR platform, you can turn to the European Consumer Centre, which provides free information on consumer rights in the EU common market and helps to resolve cross-border disputes.
Frequently Asked Questions
I am self-employed - does consumer protection apply to me when I buy a mobile phone?
Yes, if you make purchases outside the scope of your business (e.g. a phone for personal use, not “on an ID”), you are still considered a consumer under the Civil Code and the protection applies to you. What matters is the actual purpose of the purchase – not just that you have a business license.
Am I entitled to consumer protection even if I buy through a second-hand shop or from a person on an advertisement?
Typical consumer protection only applies when the seller is a business. If you are buying goods from another non-business person (e.g. an advertisement, a bazaar between people), this is a civil relationship and consumer law does not apply to you.
What if the business goes out of business or goes out of business while the problem is being solved?
If a business ceases to exist without a legal successor, it is very difficult to enforce claims – typically you are then referred to filing a claim in insolvency proceedings if they are ongoing. If it has a legal successor (e.g. in a merger), the claims pass to him.
How long does it take to resolve a dispute out of court?
The Consumer Protection Act stipulates that out-of-court resolution of a consumer dispute should be completed within 90 days of initiation. In complex cases, this time limit may be extended.
Overview of the main institutions – who does what
To make the question of who to turn to more than a theoretical one, let’s summarise the roles of the most important institutions:
The Czech Trade Inspection Authority (CTIA)
The CTIA is the main authority for most consumer relations outside the specially regulated sectors. It controls compliance with obligations under the Consumer Protection Act, but also many other regulations (labelling, product safety, unfair practices, discount promotions, etc.).
The CTIA is also responsible for the aforementioned out-of-court disputes (ADR) between consumers and businesses and carries out inspections and imposes fines on businesses that violate the law (based on its own findings and on consumer complaints).
Branch supervisory authorities
For specific types of services, you then turn to various specialised regulators:
- Czech Telecommunications Office (CTU) – deals with telephone, internet, TV services and some postal services. It provides supervision and also settles disputes out of court.
- Energy Regulatory Office (ERO) – deals with electricity, gas and heat supply. It has a helpline, advice centre and conducts out-of-court dispute resolution.
- Czech National Bank (CNB) – supervises compliance with consumer protection rules on the financial market (banks, insurance companies, investment companies, etc.), receives consumer complaints as a supervisory authority.
- The State Agricultural and Food Inspection Authority(SZPI) and the State Veterinary Administration (SVS) – are responsible for food safety and quality, food labelling, inspection of restaurants, shops and online food sales.
- Regional sanitary stations – they control the hygienic conditions of services, accommodation, catering, establishments.
These authorities do not usually deal with your individual refund claim – this is mainly for complaints, ADR and courts. However, they are in charge of checking compliance with the law and can impose corrective measures or fines on the business.
Financial arbitrator
As we have already mentioned, a financial arbitrator is a special out-of-court body for financial market disputes. It resolves, for example, disputes with a bank (payment services, accounts, card payments), a consumer credit company, an insurance company (especially in the field of life insurance), a building society, a pension company or an investment service provider, and now also for certain services related to cryptoassets.
The proceedings are free of charge and if the financial arbitrator decides in your favour, his decision is binding on the institution and can be enforced in a similar way to a court judgment.
Tip for article
Learn more about what a financial arbitrator is, how they make decisions and how they can help you resolve a dispute with a financial institution.
Public Defender of Rights (Ombudsman)
TheOmbudsman is not a traditional out-of-court dispute resolution body, but provides information and consumer protection and can investigate the actions of administrative authorities and highlight systemic problems.
It is mainly useful to you as a source of clear information and sometimes as a feedback to the authorities if the supervisory authority is not acting correctly.
Consumer organisations
In addition to the authorities, there are a number of non-profit organisations that defend the interests of consumers, run advice centres, help with assessing contracts and often publish practical templates for submissions. Typical organisations include the Consumer Defence Association or dTest.
How to write an ADR complaint or proposal: what not to miss
A complaint to a supervisory authority (e.g. CTIA, SZPI, CNB) is information about a possible breach of the law, on the basis of which the authority may carry out an inspection or other action. It addresses the public interest, not your specific claim to money. On the other hand, a proposal for out-of-court dispute resolution (ADR) is the formal initiation of proceedings on your specific dispute. Here, it is directly about settling the relationship between you and the business (complaints, refunds, payment for services, etc.).
In practice, it is a good idea to combine the two: an ADR claim for your claim, and a supervisory complaint for possible infringements against other customers.
Mandatory elements of an ADR claim
The Consumer Protection Act explicitly states what an out-of-court settlement application must contain:
- Identification data of the parties – your name, address, contact details; details of the business (name, registration number, registered office or business premises).
- A full and comprehensible account of the relevant facts – what happened, when, the course of communication, how the trader responded to the complaint.
- What you are claiming – e.g. refund of the purchase price, discount, repair, cancellation of the contract, modification of the contractual terms.
- The date you first exercised your right with the trader – e.g. when you made a complaint or other complaint.
- A statement that the matter has not yet been decided by a court, an arbitration award has not been made, an out-of-court settlement has not been reached, and no other proceedings have been initiated in respect of the same dispute.
- Date and signature.
On the website of the CTIA, ERO or other ADR entities, you can often find prepared forms that will guide you through these requirements.
6.3 What evidence and attachments to include
The better you evidence your proposal, the better your chances of success. Therefore, attach to your proposal everything that can clarify the dispute. Typically this will be a copy of the purchase contract, purchase order or service contract, as well as invoices, receipts and bank statements showing what you have paid and when. Correspondence with the business is also very useful – for example, emails, messages from web forms or acknowledgement of receipt of a claim.
If the item or service is faulty, include photographs of the faulty goods or performance, and, where appropriate, service reports, expert reports or technical reports describing what the problem is. Terms and conditions are also useful, especially the disputed or unclear parts of the terms and conditions to which the trader refers.
In addition, in more complex or high-value disputes, it is worth bringing in a lawyer to help. A lawyer will help you at the evidence-gathering stage – he or she will point out what has real weight, what is unnecessary and which documents need to be obtained additionally. He or she can also translate your story into a legally understandable and convincing text, correctly formulate the proposal to the entrepreneur and the ADR entity, and keep an eye on all important deadlines and formalities.
Another major advantage is that the lawyer can assess the realistic chances of success, suggest an appropriate strategy (whether to opt for a settlement, ADR or straight to court) and, if necessary, represent you smoothly in further proceedings.
What deadlines to watch for
Consumer protection is not just about knowing where to turn, but also when. In practice, it is often whether you have made your claim on time that makes the difference.
Claims for defects in goods and services
For most consumer goods, you can exercise your rights under defective performance for 24 months after you take delivery of the goods. If the defect manifests itself within this period, you can claim a repair, replacement, discount or withdrawal from the contract, depending on the nature of the problem. If the goods or a part of them are replaced, the new two-year period does not run, but the original one continues.
Time limit for filing an ADR claim
Under the Consumer Protection Act, you have 1 year from the time you first lodged your claim with the trader to make an ADR. Typically, this means one year from the first claim or written complaint. After this period, the ADR entity will usually reject your claim. This applies universally to the CTIA and other ADR entities (including the Czech Bar Association or a specialist insurance ombudsman).
General limitation period
The general statute of limitations, which is three years from the time when the right could have been exercised for the first time, is important for any judicial enforcement (e.g. if ADR does not help or the entrepreneur does not want to comply even after the decision). This is typically when you became aware of the defect or breach of contract and could have demanded performance from the trader.
Summary
Always start with the trader – a clear written complaint or grievance describing the problem, documenting what you want (repair, replacement, discount, refund, cancellation) and giving a reasonable time limit for dealing with it. Only if the business fails to respond or refuses without reasonable cause, an out-of-court dispute resolution (ADR) with a competent body – typically the CTIA, a financial arbitrator, the ERO, the CTU or the Czech Bar Association – comes into play. Supervisory bodies (the CTIA, CNB, SZPI, SVS, Hygiene and others) then monitor compliance with the law and can impose fines on businesses, although they usually do not directly deal with your claim for money. The ombudsman and non-profit consumer organisations can also help you find your way around by providing advice and templates for submissions.
Time limits are also key: you have 24 months from receipt to exercise your rights for defective goods for most goods, you must file an ADR claim within 1 year of first exercising your right with the trader, and there is a general three-year limitation period for any judicial enforcement. In practice, it pays to combine several tools – first a thorough complaint correspondence, then ADR for your specific claim, and at the same time a complaint to the supervisory authorities if the trader is breaking the law with other customers. If you know who to contact in which situation and what deadlines to watch for, you significantly increase your chances that the dispute will be resolved in your favour – ideally out of court, without lengthy and costly court proceedings.
Frequently Asked Questions
What if the terms and conditions of the e-shop still have a link to the ODR?
The link should be removed from the terms and conditions as the platform is definitely out of service. If the e-shop still relies on it, for example, as the only way to resolve a dispute, this is outdated and potentially misleading information that you can mention in your complaint and in your complaint to the relevant supervisory authority.
Can we add additional documents to the ADR proposal after it has been sent?
Usually, yes. ADR entities normally allow supplementary documentation, either on their own initiative or following a request. If you receive new evidence (e.g. a new service report), it is a good idea to send it immediately and explain briefly how it changes the situation.
When does it make sense to pay a lawyer?
For disputes involving smaller amounts, consumer advice, templates and the assistance of an ADR entity are often sufficient. When it comes to higher damages (e.g. expensive electronics, renovations, financial products) or more complex contract terms, a lawyer can help you get the dispute right from the start and avoid mistakes that could reduce your chances of success later.
Can we use more than one tool at the same time - for example, ADR, a complaint to the authorities and a complaint published in the media?
Yes, but we recommend that you proceed thoughtfully. The ADR and the complaint to the supervisory authority complement each other well. The public complaint (reviews, media) should be factual and true to the facts, otherwise you risk a counter-attack by the business (e.g. a defamation action). It is always safer to stick to facts that you can substantiate.