Reading a Spanish consumer contract before you sign

Key rules

• Plain language: Standard terms must be clear, simple and legible, and cannot rely on documents you were not given before signing.
• Unclear clauses: Ambiguous wording is read in your favour, and a clause you could not understand can be declared void.
• Your copy: You must receive a copy of the signed contract or the standard terms you accepted.
• Missing information: For distance and off-premises contracts, missing required information can extend your withdrawal period by up to 12 months.

What the trader must do before you sign

The trader must give you clear, truthful and sufficient information about the main features of the deal before you are bound. Standard terms, the pre-written ones you cannot negotiate, must be written in concrete, clear and simple language and be easy to read. They cannot rely on documents you were not given before signing.

If a clause is unclear, the reading that favours you applies. A clause you could not reasonably understand can be declared void, and you can get back what you paid under it. This can apply even to the price, if its real cost was not made clear to you.

Check these terms before you sign

Read these points in the contract itself, not in the sales pitch:

• Total price. Does it include taxes, fees and extras? How and when can it change?
• Duration. How long are you committed for, and what is the minimum period?
• Automatic renewal. Does the contract renew by itself? How much notice must you give to stop it?
• Ending the contract. What are your rights to terminate or withdraw?
• Penalties. What do you pay for leaving early? Does the trader owe you the same if it breaks the contract?
• Deposits and refunds. What do you pay up front, and when do you get it back?
• Liability exclusions. What does the trader refuse to answer for?
• Guarantee and after-sales service. What is covered, and who do you call?
• Your data. What will the trader do with your personal data?
• Complaints. What is the complaint procedure? Does the trader accept consumer arbitration?
• Law and court. Which law applies and which court decides? For a consumer, this is normally your home court.

If the contract mentions another document, such as extra terms or a price list, ask for it before signing. If the text is not in a language you read well, ask for time or a translation. Do not sign what you have not understood.

Get a copy and keep everything

You are entitled to a copy of the signed contract, or of the standard terms you accepted. For contracts signed away from the trader's premises or at a distance, the trader must give you a signed copy or a confirmation on paper or by email. For distance contracts this must arrive within a reasonable time, and at the latest at delivery or before the service starts.

Keep all adverts, brochures, offers and emails you received before signing. They help you prove what you were promised.

If the information was not given

Failing to give you the required information is an infringement that can be sanctioned. For contracts signed away from the premises or at a distance, your withdrawal period can also be extended by up to 12 months. If you have a problem, start with the trader's complaint procedure, then your town hall's consumer office.

The timeline, documents, warnings and questions below cover the steps in more detail.

Timeline and deadlines

• Read the key terms and ask for any document the contract refers to: before you sign

• Get a signed copy of the contract or standard terms: when you sign

• Use the longer cancellation period if the required information was never given: up to 12 months extra for doorstep and distance contracts

Documents you need

• A signed copy of the contract, or of the standard terms you accepted, given to you by the trader. For distance or doorstep contracts, a copy on paper or by email is enough.

• All adverts and documents the trader gave you before signing, such as brochures, offers and emails, kept in case of a dispute.

• Any document the contract refers to, such as extra terms or price lists. Standard terms may not rely on papers you were not given before signing.

What to watch out for

• Unclear clauses: A clause you could not reasonably understand may be void, including one on price. Until a court decides, you may still be asked to pay. Ask for a plain explanation in writing before signing, and do not sign terms that refer to papers you have not seen.

• Automatic renewal and heavy exit charges: Contracts can renew by themselves and charge penalties for leaving early, so you may be tied in longer than expected. Check the minimum term, the notice needed to cancel and whether penalties apply to both sides.

• Price that changes or hidden extras: The advertised price may not include taxes, fees or extras, and the contract may let the trader change it. Ask for the total price with everything included and how and when it can change.

• No copy of what you signed: Without a copy you cannot prove the terms if there is a dispute. Do not leave without a signed copy, and keep every advert and document.

Frequently asked questions

Can a clause be cancelled if I did not understand it?

Yes, a clause can be declared void if it was not written clearly enough for you to understand its real cost or effect. This can apply even to the price. Any doubt in the wording is read in your favour, and a court can order money paid under the clause to be returned.

Does the trader have to give me a copy of the contract?

Yes, the trader must give you a copy of the contract or of the standard terms you accepted. For contracts signed at your door or at a distance, a copy on paper or by email is enough.

What happens if the trader does not give me the required information?

The trader can be fined, and for contracts signed at your door or at a distance your cancellation period can be extended by up to 12 months. Keep all adverts and documents you received, because they help prove what was promised.

Which court applies if I have a dispute over a contract?

The court of your home town is normally the one that applies to you as a consumer. Check that the contract does not send you to a court far away, and ask the trader whether they belong to consumer arbitration.