CASE STUDY – Consumer Law
We had an enquiry recently about consumer law with an online issue.
Question: “Is there a Spanish law that deals with parcels lost in transit my daughter moved from Spain to England and paid for her very large suitcase to be transported home by X which was outsourced to Y they have subsequently lost her suitcase with all her clothes etc in it. They asked her to prove what was in the suitcase with receipts etc, they then said that they would pay 10 euros per kg and say her suitcase only weighed 11 kg where in actual fact it weighed at least 30 kg. Emails are going backwards and forwards without any resolve, they refuse to give any proof of guidelines on compensation any advice on this matter would be very much appreciated.
This was our reply:
Thank you for your enquiry. I am very sorry to hear about this.
Firstly, as a first step, you are right to contact the company´s customer service department. I believe that in this case that your contract would be with X. Y was only an agent used by them and that is for them to contact with Y.
The problem does not seem to be that they will not reimburse for the loss, but the disparity in the weight. I am sure that you must have proof of the initial weight (a ticket, receipt or something) so keep arguing, telling them they are failing to comply with EU and Spanish national consumer laws and ask them to resolve the problem. Back it up with the contract and the proof of weight. I am sorry but I cannot tell you what compensation is due.
The trader has to inform you about further steps and how to do it, such as filing a formal complaint or initiating other resolution procedures.
There is a system in Spain to make a complaint called Hoja De Reclamaciones and it is investigated by an independent party but it is not possible online.
I attach some details on the European Consumer Centres from the web, so you can contact them for advice, free of charge http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc-net/index_en.htm
For the amount of claim, it is not worth instructing a lawyer. I really wish you luck and hope you can push for more compensation.