Most of us have bought goods in Spain which didn't live up to our expectations, whether that's an electrical item which isn't the genuine article and when you get back to the hotel, it doesn't have the ‘features' that the salesman said it had, or simply you feel swindled when charged an extortionate price and you see the same article a lot cheaper in the other shops around the resort, or the exchange bureau displays hidden charges unless you changed a specific amount, in a text size needing a magnifying glass to scrutinise it.
It all sounds familiar doesn't it.? Can you do anything about it.? Yes you can, because consumers in Spain also have ‘rights' and a system that takes these problems very seriously, but only if the problem is reported to the relevant authorities.
Oficinas del Consumidores- ‘OMIC', which stands for ‘Oficina Municipal de Información al Consumidor, is the equivalent of Trading Standards in the UK, but with the law behind them and with far more power than Trading Standards in the UK.
Every public licensed place in Spain (mainland and Islands) whether it's a shop, bank, hotel or even a bus has to have a complaints book (it's written in the law) and you have a right to ask and be supplied with the form/book, and they cannot refuse you or say they haven't one, because it's a legal requirement for every licensed business, and you'll usually find that the shopkeeper's attitude changes very quickly because it means extra work for the shopkeeper and an official bad mark on their records, and they take it very seriously because the complaints book carries a lot of weight, which can result in the shopkeeper/company being fined and closed down.
It's a book of forms called "Libro de reclamaciones".
If they refuse to give you the form, then you can go to the Oficina del Consumidor or phone the local police because it's an offence to refuse, and the police will force the shop to allow you to write your complaint.
All licensed places have to display a sign and if you can't speak Spanish, you look for the sign and point to it.
"Este establecimiento tiene hojas de reclamaciones a disposición de quienes las soliciten."
This establishment has complaint forms at the disposal of those requesting.
The form is in both Spanish and English and it consists of 3 copies"¦. top White original copy, middle GREEN copy for the consumer and a PINK copy which stays with the trader, all carbonised so you only fill in the top white copy.
You fill in the form on the premises clearly writing the date/time, the name/address of the business, what the problem is, and what you want to resolve the dispute, EG: a refund, repair or exchange. Don't waffle, keep it short and to the point "¦"¦ the shopkeeper also has the right to add any comments.
You take the top two copies (white & green) and you take the white form with photocopies of items such as receipts, statements, guarantees or sales adverts to the local Oficina del Consumo "¦"¦the opening hours may be limited, but there is No charge for their services, they are a civil arbitration department and usually traders receiving a phone call from them will be enough to settle any dispute because traders know just how much weight this department has, with the law behind it.
The problem can sometimes be resolved by a phone call to the shop by a representative from the Oficina del Consumo and for some disputes if the arbitration goes your way, which in some cases can take weeks or months to settle, you are compensated according to your demand on the form and the business get points awarded against them, plus monetary fines, and given enough complaints against them and the amount of the money involved, they can have their licence revoked/closed down for 5 years, because these forms are produced by the local authority and the complaints books are inspected, plus the Local Oficinas del Consumidores are normally in liaison with the dept which issues licenses.
If you don't have time to take the form to the local Oficina del Consumo, you can post it to the address stamped on the form on your return home with the relevant photocopies of receipts etc, and you have a month to submit a claim from the date of the incident, but ideally it's best to take all the action whilst still there, especially as a quick phone call from the Oficinas del Consumidores, is all that it may take to resolve the problem.
You may have to queue and miss a few hours of sunshine, depending how busy they are and the size of the catchment area they deal with.
So, do you ever wonder how these crooks get away with it.? It's simply because not enough people make an official complaint, some people from all Nationalities just chalk it down to a hard lesson learnt, some can't be bothered to spend time on their holiday finding the nearest Oficina del Consumo, and if the relevant authorities don't know about the practices of these businesses, then how can they utilise the law against them.?"¦and sadly they continue preying on the next tourist.
Tips.
1. Before you go on holiday, do your homework on any item you are intending buying and be armed with as much knowledge as you possibly can about the item, particularly electrical items, and think about whether saving a bit of money is going to be worth it in the long term, because here in the UK the prices are quite competitive these days, and you'll have British consumer rights in your language and a genuine guarantee.
2. If the shopkeeper's assistant stands on the pavement offering his hand to shake yours in a very ‘British way' and saying "Hello my friend""¦..Remember he is not your friend, he is a total stranger, so don't take his hand (very un-British I know) because this is the first ploy to drag you into the shop and proceed with the ‘hard sell' and they can be very persistant and persuasive.
3. From my own experience, if you arrive with the intentions of purchasing goods, then buy the item as soon as possible at the start of your holiday, this way you'll have time to try and resolve any issues which may arise before you come home.
4. Hojas de reclamaciones....those are the words to look for and if you want to try a bit of Spanish, you point to the sign and say "Quiero por favor" (I want, please) .....pronounced K-yero, por fabor.
Finally, be firm and determined, but keep calm and don't get angry with the shopkeeper because at this point you have the Spanish law on your side, and just keep pointing at the sign and saying you want the form/book, and if they won't give it you, walk out of the shop and phone the LOCAL police saying you want the ‘Libro de reclamaciones', or find the Oficina del Consumo and lodge a complaint.
This is what the form looks like.
http://www.gobcan.es/cicnt/doc/consumo/hoja_reclamaciones_enero07.pdf
Sanji
Thanks Sanji, I'm not a regular visitor to Spain but do go there on occasion. Hopefully I will never need to use the info. you have provided but it's certainly worth knowing..
I find things often go wrong in Spain! Love the country but they definitely just seem a bit backward with things sometimes...thanks for the info!
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