Complaints Book

Complaints book

When a consumer, whether resident or tourist has an incident or problem or complaint with any company or comercial entity, hotel, shop or service provider in Andalucia they can register a complaint with the regional government the Junta de Andalucía. This is carried out via the 'complaints book'.

Every business should have a complaints book. Sometimes just asking for the 'hoja de reclamaciones' ('hoja de quejas y reclamaciones de la Junta de Andalucía) (complaints book) is enough to resolve the issue.

The compaint is described in the book on a triplicate sheet. One copy is for the consumer, one copy if for the business and one copy is for the Junta de Andalucia.

Complete the complaint form

If the complaint form is completed in the moment at the business premice, it must be signed by both parties (consumer and company), and stamped by the company, solely for the purposes of acknowledgment of receipt. The company will keep their copy and the consumer keeps the other 2 copies: "copy for the Administration" and "copy for the complaining party".

Alternatively, if the compalaint sheet has been downloaded directly from the Consumo Responde website (Generate a PDF online to download | Download pdf to complete offline), the three copies completed by the consumer can be sent to the company or professional to whom the claim is against.  This must be delivered by any means that provides proof of reception such as registration at the office reception or a postal registered letter. The entity receiving the complaint or claim must fill in their fields in all the three copies, and return two copies to the claimant within a maximum period of 5 days from reciept. 

Company responds

The company or professional now has 10 business days to respond in writing to the claim to the complainant. Failure to reply is an administrative offense. In the reply, the company should propose a solution to the complaint or where appropriate, justify the refusal to offer a solution.

Claim made to Consumer Department

In the event that an agreement is not reached or if the company does not respond in time, the claim can now be made to Consumer Department which will mediate with the company, offer their technical assessment of the facts and propose a solution, while advising on the best way forward. 

The claim form may be submitted to the Municipal Consumer Service office or a Provincial Consumer Service office of the Junta de Andalucía in person (with id) or by electronic means.

If one chooses electronic means, this is through the General Electronic Presentation system of the Junta de Andalucía and the claimant will need an electronic certificate.

When registering a claim with the Administration, the corresponding copy of the complaint sheet must be provided, as well as all the available documentation that may serve as evidence to study the case, such as the company's response, copies of the invoice or proof of payment made, copy of the contract, advertising and information brochures, guarantee document, etc.

Full details on how to present a consumer complaint (Spainish)

 

 

 

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Living in Andalucia