Rights and obligations related to filing a claim in Spain
In Spain, both consumers and businesses have certain rights and obligations regarding the filing and handling of complaints.
In the article, we will discuss details that may be useful, whether you are a business or a consumer.
Entrepreneur's rights and obligations when filing and handling complaints
If you're doing business in Spain, you need to follow the regulations for handling claims. It's worth remembering a few key rules.
- Mandatory to have a claim form
Every business is required to have claim forms (hojas de reclamaciones), which must be made available to the customer upon request. The forms must be available free of charge and information about their availability must be prominently displayed on the premises.
- Response to complaint
After receiving a complaint, the entrepreneur is required to respond within 10 working days (deadlines may vary depending on the autonomous community). The response must indicate what action has been taken to resolve the problem. Failure to respond within the specified period may constitute an administrative offense and be subject to a fine of 200 to 5,000 euros.
- Repair and Replacement Policy
If the complaint is about defective goods and the resulting defect is not due to misuse or any other reason disqualifying a positive claim, the trader must offer repair, replacement or refund, as long as the problem was reported within the warranty period (usually 2 years). If repair or replacement is not possible, the consumer is entitled to a refund.
- Information obligations
The company is required to inform customers about the possibility of filing a complaint. Many autonomous communities are required to have a poster in a prominent place informing customers of the availability of complaint forms.
Consumer rights and obligations when filing a complaint
As a consumer, you have the right to file a complaint in case of a defective product or service. Knowing your rights allows you to effectively protect your interests.
- Right to complain
Any consumer can file a complaint if the purchased goods or services are defective. Complaints can be made verbally or in writing, but it is best to make a complaint in writing so that you have proof of your application.
- Complaint deadline
In Spain, a consumer usually has two years to file a claim related to a defective product. For services, the time limit can vary depending on the type of contract.
- Right to repair, replacement or refund
If the complaint is accepted, the consumer has the right to demand repair of the defective goods, their replacement or a refund. Which solution is chosen depends on the nature of the problem and the options available.
- Why is it better to make a complaint in writing?
Although it is possible to file a complaint orally, it is recommended to file it in writing. The written form provides proof of filing and transparency of the content of the complaint. This allows you to assert your rights more effectively, especially in the event of further proceedings before consumer authorities.
Complaint procedure - step by step
In Spain, the complaint process is clear and well regulated. Here are the steps to take:
- Claims
A complaint can be made verbally or in writing. However, it is best to use the complaint form, available at any business premises.
- Entrepreneur's Response
The company is obliged to respond to the complaint most often within 10 working days (depending on the autonomous community).
- Intervention of consumer institutions
If the trader does not handle the complaint satisfactorily, the consumer can turn to the Oficina Municipal de Información al Consumidor (OMIC) or take the matter to arbitration.
- Decision and Claims Enforcement
If necessary, the consumer can assert his rights before consumer protection authorities or take the matter to court.
Everything you need to know about claim forms
Complaint forms are an official tool that allows consumers to express their dissatisfaction or complaint to a company or establishment when they feel their rights have been violated. These forms are used in Spain and are a key tool for resolving disputes between consumers and businesses.
What are claim forms?
Complaint forms are documents available from companies that consumers can request in order to officially file a complaint. Each company must make them available free of charge and have a prominent poster announcing their availability. If a company refuses to provide a form, the Guardia Civil can be summoned and the company can be fined between €3,000 and €50,000.
What are the claim forms used for?
The main purpose of complaint forms is to allow the official submission of a complaint, which allows the event to be documented and facilitates the conflict resolution process. Once the form is submitted, the company is required to respond within a certain period of time. If the solution is not satisfactory, the case can be referred to the relevant consumer protection authorities, which mediate between the parties.
Where can a company obtain claim forms?
If you are a business, you are required to provide official complaint forms at your premises. These forms can be obtained from the consumer offices of each autonomous community and through some chambers of commerce. For example, in the Valencian Community, complaint forms can be purchased at any OMIC (Municipal Office of Consumer Information) office for €2.59 (as of today). The block contains 10 forms with instructions on how to fill them out correctly.
Lack of complaint forms in a company can lead to significant financial penalties. These fines range from 3,000 euros to 50,000 euros, depending on the autonomous community and the severity of the violation.
How can a consumer request a claim form?
If you are a consumer and want to make a complaint, the first step is to ask for a complaint form directly from the premises where the conflict occurred. The company is obliged to provide it on the spot. If it is refused, you can report it to the relevant consumer protection authorities or call the Guardia Civil to guarantee your rights. It is also possible to download official complaint forms from the website of the consumer bodies in your autonomous community. A quick Google search for the phrase “Hoja de reclamación [name of autonomous community] pdf” will usually enable you to download the relevant document.
What should be filled out in the claim form?
The complaint form usually consists of three copies: one for the complainant, one for the company, and one for the consumer authorities. In the form, the following fields must be completed:
- Personal information of the complainant (name, address, ID card number).
- A detailed description of the problem, explaining the reason for the complaint.
- Date and place of event.
- Proposed solution, or the expectations of the complainant.
It is also important to provide documents supporting the claim, such as invoices, receipts, contracts or other evidence of the problem.
Where should the company provide the claim form?
The company should keep its copy of the complaint form, and depending on the regulations of the autonomous community, may be required to forward the form to the relevant consumer authorities if the dispute is not resolved amicably.
In any case, the company is obliged to respond to the consumer within a timeframe that usually ranges from 10 to 15 working days.
Where should the consumer deliver the claim form?
As a consumer, once you have completed the complaint form, you should keep one copy for yourself, and keep the other copy in case you need to file a complaint with the consumer rights office, where you should go if the company does not respond satisfactorily. You can submit a copy of the complaint form in person to the consumer office or send it electronically through the consumer portals of your autonomous community. Each autonomous community has its own rules on how and where to file a complaint, so it's worth checking this information on official websites.
Differences according to autonomous community
Each autonomous community in Spain has specific regulations regarding the format and management of complaint forms. Some communities allow completely electronic management of complaints, while others still require the use of paper forms. Despite these differences, the purpose of complaint forms is the same throughout the country: to protect consumer rights.
Downloading claim forms online
Many autonomous communities allow you to download claim forms from their official websites, making the whole process easier. A quick Google search for the phrase “Hoja de reclamación [autonomous community] pdf” allows you to find the appropriate page where you can print and fill out the form by hand.
How to make a claim against a company without a physical location?
If you want to file a complaint against a company that does not have a physical location (for example, digital services or online-only companies), the process is slightly different. You should visit the company's website, where, according to consumer regulations, there should be a place to file a complaint. If the company does not provide such a resource, you can report it to consumer protection authorities, who can advise you on how to proceed. In some cases, you can also use consumer arbitration.
How to make a complaint against an online store?
If you have a problem with an online store, the first step is to contact the company's customer service department to try to resolve the issue. If the response is not satisfactory, you can use the complaint forms available on consumer protection websites or go to official platforms, such as the European Union's Online Dispute Resolution Platform. Local consumer protection authorities can also intervene in disputes with companies doing business online in Spain.
Complaint forms are a key tool for consumers, both in stationary stores and in digital environments, to protect their rights and ensure that problems are resolved fairly.
