Hojas de Reclamaciones (Customer Complaint Forms)

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Posted and filed under Businesses in Spain, General Articles of Interest, Legal Issues in Spain, Local area.

 HOJAS DE RECLAMACIONES (CUSTOMER COMPLAINT FORMS)

How many of you know that if you are dissatisfied with a bar, restaurant, shop, or another type of business in Spain you can make an official complaint through the Spanish authorities.

It is the law that businesses have to have these books of forms on their premises and that they have to process the complaint if you make it. But really try saying “Hoja de Reclamciones” and often you won´t even need to get to that stage because the business will not want the Consumer Office looking into their business.

So, how does it work?

You go into a business and first of all make an official complaint. You can also do this by telephone (keep a record), or by letter, best by buro fax. If they do not deal with it properly after a suitable period of time, ask nicely for the Hoja De Reclamaciones. They will ask why and of course try and dissuade you. You will tell your story and if no agreement can be reached, then the forms should be produced.

The forms should be completed on the business premises, and if you can, in Spanish, but if not, in English. You state what the reason for the complaint is and what result you would like to see, a refund, or something fixed, for example. You cannot claim damages, this isn´t going to Court, it is just an arbitration procedure by the local Consumers Office.

You need to include your name and address, phone number, but they will reply by post, the dates and timing of what has happened, supply and keep copies of any evidence relating to the complaint, like price lists, invoices etc.

The business needs to tell you their official name, CIF number, for example, to put on the form. The member of staff, owner or manager, might want to add some comments to yours, but usually, they do it separately. Then make sure you have your original evidence, and take the top two pages (a white one and a green one). The pink one is left in the book for the business.

You then take the white one plus photocopies of your evidence, invoices, receipts, whatever to the local Consumer Office. If you don´t know where it is then going to the local Town Hall.

There are about 5 offices of OMIC in the Murcian region

On the website of the Orihuela Town Hall, they say that you cannot claim against private sellers as that is not their business, nor Community issues, or against the Social Security, Treasury, as that is against the Authorities.

Once you have found out where to go locally, it is best to go personally, so that you can get a stamp on your receipt of your complaint, but you can also send it to the Office by buro fax (signed for delivery).

Then the complaint is looked into and they will contact the business. You could get a result in a few weeks or a few months (you know what Spain is like!). You hear by post to your address. You must retain all the documents and the green copy of the Hoja de Reclamaciones in case they are asked for.

The nearest consumer office to us is in Orihuela is in Calle Jose Perez Ruiz 7, 2º.
Telefono: 965305983

We hope this helps.

15 Comments

  • Valerie

    Where specifically do you go to complain about a multa received during the lockdown that was out of your control because all government offices were shut down??? We would like to go to court to fight this multa, but don’t know where. We have already written an appeal which the DGT ignored. We will not pay 1,000 Euros for a lockdown we did not cause and government offices we did not shut down. This has been a catch-22. Can we denounce the DGT?

    • Amanda Thomas

      Dear Valerie, I am very sorry to learn of your problem. A denuncia is only for criminal activity so is not suitable. Nor is a consumer complaint form. The DGT is a government body so it is very difficult to fight the government on issues like this. The only thing you can do is to send a written appeal as you have done. Did you send it in Spanish and with tracked post? It could take a long time to get an answer. But going to Court would cost almost as much as the fine, unfortunately with no guarantee of winning. I am so sorry. We could try a legal letter if you contact me with all the details, Kind regards Amanda

  • marcel duval

    i need have my money back from the holiday agencie who charge me 9630e for the holiday who are ben cancel because the virus and they don,t want give me my money back

    • Amanda Thomas

      Dear Marcel, Firstly, do you have travel insurance? You would need to send me more details (copy of payment, copy of terms of the booking, communications withe the agent, any details of an insurance policy for us to study and advise). Otherwise you can go directly to the office and make a customer complaint as per the article but this may not achieve anything and is quite difficult to do, Kind regards Amanda

  • Kiran Dilpazir

    On 30 August 2019 purchased Samsung mobile A70 on installments through a supermarket named eroski stated near of my town Azkoitia eroski urola, in spain.its total price was 349€. It was10 month’s contract and tillsixmonths I payed through bank monthly 34.9 € to eroski my installment till march as it was total 209.40€ I’ve payed upto 6 months .In march my phone suddenly stopped functioning and its display was not lightning but sounds working and charging light led was also working only display was not functioning.since i purchased my phone didn’t dropped or dragged not even once. So it is 100% confirmed that it was not damaged nor internally neither externally as i am sending you pictures of its current condition.i went to the store from where i purchased they said this problem will solve by Samsung i called Samsung they collected my phon after one month of consistently calling them and kept phon for 2 months in the wherehouse, i called again and again they refused that till two months they didn’t received my phon then at investigation with the corrier man of company SEUR (who collected my phon from my home) i find it was in their wherehouse since two months at last again i claimed back my phon and resend to Samsung by applying through proper process same as i did once before and Samsung received this phon. After they sent it to technical lab of Samsung, said it’s screen broken and they asked me to pay more 132. 50 € for repairing my phon.as i told you its charging light was blinking and its sound was working i never threw it not pressed its surface how the screen can be damaged. It wasan internally fault as screen was not scratched r damaged externally but Samsung sent me bill of 132.50€ that until i wouldn’t pay into their account they will not repair my phon. After that i stopped my installment for next remaining 4 months through my bank account. My phon was in Warrenty. But they said this screen damaged was excluded from Warrenty. After that i called Samsung many times to explain them all how its my fault if a phon all of sudden stop working without dropping or dragging. they misbehaved me and involved the bank santander. The bank also sent me letters to pay remaining 4 installments of phon, i called them. And told them all what happened and how can i pay more for what i ve not done any mistake or fault.as i ve already pay them 209.40€ for nothing. This all money been wasted and they sent my phon back without repairing. Its with me not functioning in the same defected condition. For that i ve paid 209.40€.whenever i call Samsung they behave rude to me and not helping me sorting out this problem. It is well renowned company i am a peon in a factory if they cannot bear the expenses of their fault how can i bear tbe loss for fault what i didn’t made. Please help meto refund my amount or repaire my phone. Thank you

    • Amanda Thomas

      Dear Kiran, Really there is only one option 1) is to make a hoja de reclamacion in the shop but it is not easy (follow our article but go to the OMIC office in your area) and I don’t know if it will work if the problem lies with Samsung. You can’t make an online shopping EU claim as you bought it in a shop. I am sorry but it is not a matter that would be cost effective to involve a lawyer. I would keep trying until they help you. Kind regards

  • Matt

    We are having an issue where we rented a car from Tenerife South airport GOLDCAR, and we left no problem on the 21st of December, then 3 weeks later they have charged my credit card for exceeding the mileage of an unlimited mileage contract and just took 330£ out of my card. When challenged they have been very alouf and my sister who lives in Tenerife went to the desk to request this form and they refused to provide one to her and then stopped talking to her in english when she asked. Their website complaints system is it seems permanently not working and their customer service email address doesn’t work. what can we do?
    Many thanks

    • Jane

      Hi Matt

      As this charge is on your credit card you should contact your Bank to raise a dispute or Section 75 claim on this transaction.

      Kind Regards

      Jane

  • Hongjia Zhang

    We requested refunds for three cancelled trains which we booked through Global GSA Group. But they only refund one ticket back in Oct., 2020, because they say they only received one refund from the train company.
    We recently contacted the train company and they found that all my tickets are already refunded to the agency.
    We have numerous emails communicate with Global GSA Group. They fooled us for so long by always reply to us that “I’m sure the train company will refund, it’s almost time to refund, don’t worry…..”. But, it never happened. (We can forward these emails if needed).
    We need to file a complaint to the agency. The basic consumer rights need to be protected and refund must be made to us in full.
    Below is the agency information.

    Mariona M. Komes | Administration Manager
    T: (+34) 93.487.63.86 | Skype: mariona.mkomes
    Rambla de Catalunya 61, 5º 3ª | 08007 | Barcelona
    mariona@globalgsa.net | http://www.globalgsa.net

    Below are the tickets information that Manager Mariona has on file
    RN2- 282844196268 linked pnr JTDMBN = still don’t have this refund

    RN2-282844520435 LINKED PNR MKAE55 = still don’t have this refund

    RN2-284709021166 linked pnr DMEXUN = already refunded.

    • Amanda Thomas

      Dear Hongjia, I am sorry to hear that. You need to file a complaint with the OMIC (Consumer Bureau) in Barcelona. I am afraid we cannot advise onthe procedure as this is a long way away from us and out of our region. I advise contacting a gestoria in Barcelona or a lawyer, or googling OMIC Barcelona and ask them how to do this in that region. Kind regards

  • James Best

    Is it possible to request a Hojas De Reclamaciones from an airline. I am due a refund from Europa and had no option but to accept vouchers for a cancelled flight that could be refunded after one year. That year is up and two months ago I applied for my refund and had little response and have sent emails and made phone calls which they take ages to answer. Have taken to social media asking how long but now being ignored and they refuse to give me timing but from comments read online they are taking at least 6 months at least after promised date if not longer to refund. Have requested formal complaint process but not being acknowledged.

    • Amanda Thomas

      Dear James, a Hoja de Reclamaciones has to be done in the main office of the company and then submitted to the local Consumer Bureau Office so no this would not work. I am sorry you are going through this. Hopefully they will respond soon with the formal complaint process. Kind regards.

    • Nicola Ryan

      Afternoon James,

      There should be no reason why you can not request a Hojas De Reclamaciones from an airline, we hope you get this matter resolved quickly.

      Kind regards
      Nicola

  • Safal poon

    In june 20 i have applied empadron in gran canaria because i move from Valencia to gran canaria and i asked historica de collectivo .and unfortunately office staff made a mistake while typing in address.after 1 month 15/17 days i got certificate from canaria and still waiting baja from Valencia but the Valencia ayuntamento is not giving me certificate they say come after 1 week and again week .like this it have been 3 month today im not able to get certificate which u should get maximum 1 week or more but im sure not 3 month.so now I don’t have patience because of their unsatisfied and delay work i want to file complain against them .where should i file complain against them please help me.because to get 1 simple certificate its been 3 month and still im not getting that certificate.

    • Nicola Ryan

      Morning Safal,

      Thank you for your enquiry.

      We would recommend that you contact the padron office in Valencia directly, there may be a reason why they are taking so long to deal with your request. We hope you get this matter resolved quickly.

      Kind regards
      Nicola

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