The complainant means the payment service user in disputes specified in Sec. 1 Par. 1 letter a) of the Financial Arbitrator Act, electronic money holder in disputes specified in Sec. 1 Par. 1 letter b) of the Financial Arbitrator Act, consumer in disputes specified in Sec. 1 Par. 1 letter c) and d) of the Financial Arbitrator Act, the person considering to enter into an insurance contract, policyholder, the insured, right holder, or appointed person in disputes specified in Sec. 1 Par. 1 letter e) of the Financial Arbitrator Act, and person considering money exchange, or person with whom the money exchange has been made in disputes specified in Sec. 1 Par. 1 letter f) of the Financial Arbitrator Act.
Consumer means an individual not acting within the pursuit of his/her business activity or within the independent pursuit of his/her occupation.
If the complainant is an individual on whose behalf a representative acts in the proceedings he/she must deliver the following to the Financial Arbitrator
- power of attorney if a representative of the complainant´s choice acts on his/her behalf in the proceedings. The power of attorney shall comply with the requirements set up by Sec. 33 of the Administrative Procedure Code;
- court decision on appointment of the guardian issued under Sec. 192 et seq. of the Civil Procedure Code if the complainant is represented by a guardian;
- written declaration of the legal representative (e.g. of a parent) if the complainant lacks legal capacity and is not represented by a guardian.
The complainant shall present an original or a certified copy of the above mentioned documents. The complainant may only have one representative in a dispute.
If a representative acts on behalf of the complainant in the proceedings, the Financial Arbitrator shall send all documents in the proceedings to the representative only, except for the situations where the complainant is required to act personally. If the Financial Arbitrator´s attempt to deliver the documents to the representative fails, the Financial Arbitrator shall proceed according to Sec. 32 Par. 2 letter d) of the Administrative Procedure Code (appointment of a guardian), or according to Sec. 32 Par. 3 of the Administrative Procedure Code (delivery by a public announcement) and shall notify the complainant of the steps taken and of the contents of the document the delivery of which failed.