Making a formal complaint (reclamación) in Spain

Terms used

• Hoja de reclamaciones — The hoja de reclamaciones is the official complaint form a business must give you when you ask for it.
• OMIC — The OMIC is your town's municipal consumer information office, which receives and mediates consumer complaints.
• Junta Arbitral de Consumo — The Junta Arbitral de Consumo is a public consumer arbitration board that settles disputes if the business accepts it.
• DGSFP — The DGSFP is the state regulator for insurance and pension funds.
• CNMV — The CNMV is the state regulator for securities and investment firms.
• Defensor del Pueblo — The Defensor del Pueblo is Spain's national ombudsman, who reviews complaints about public bodies.
• Recurso — A recurso is a formal appeal against an administrative decision, with its own strict deadline.

Key rules

• Complaint form: Businesses selling to consumers must hand you the hoja de reclamaciones when you ask, and you can insist.
• Order: Claim to the business first, then use the form with the consumer office, then arbitration or court.
• Banks and insurers: Complain to the firm's customer service before going to the Banco de España, DGSFP or CNMV.
• Public bodies: A complaint to an administration does not pause appeal deadlines, so file any recurso separately.
• Regions: Forms, copies and time limits differ by region, so file quickly.

Start with the hoja de reclamaciones

If a business sold you goods or services and something went wrong, ask for its hoja de reclamaciones. Shops, restaurants, hotels, banks, utilities, transport and tourist rentals must keep the form available and hand it over at once. Private sales between individuals are not covered. The exact scope, and some small exempt activities, depend on your region.

The form usually comes in three copies: one for the business, one for you and one for the consumer administration. Fill in your details, the business's details, what happened and what you ask for. Keep your copy. Then send the administration's copy to your regional consumer body or the OMIC (your town's consumer office). Many regions let you file online. Time limits vary by region, so file as soon as you can.

Build your evidence

A complaint with proof gets taken seriously. The documents list below shows what to gather. In short: the contract, proof of what you paid, photos or screenshots, all messages, and a short dated timeline written by you. Send things in ways that leave proof, and keep copies of everything.

Know the order of escalation

Work up the ladder in this order:

1. Claim to the business, in writing and with proof, for example through its customer service.
2. Hoja de reclamaciones, filed with the OMIC or regional consumer body, which may mediate.
3. Consumer arbitration (Junta Arbitral de Consumo), if the business accepts it.
4. Court. For modest amounts, a small claims procedure (juicio verbal) is the usual route.

In some sectors a business may be required to try an out-of-court process first, so ask the consumer office before going to court.

Banks, insurers and investment firms

Complain first to the firm's customer service department (servicio de atención al cliente) or its customer ombudsman. Banks and insurers must resolve the complaint within one month. For payment services the time is shorter, 15 business days, and can be extended to 35.

If it is rejected, only partly upheld or not answered in time, go to the regulator:

• Banking and payments: the Banco de España claims department.
• Insurance and pensions: the DGSFP.
• Investments and securities: the CNMV.

A regulator's decision on a bank is not binding. Newer customer-service rules set stricter response times for large companies, so check the current position with the regulator.

Utilities and telecoms

Claim to the company first. For electricity and gas, then use the Junta Arbitral de Consumo or your regional consumer office. The energy regulator handles some supply disputes. Telecoms disputes go to the Oficina de Atención al Usuario de Telecomunicaciones.

Complaining about a public administration

Use the body's complaints and suggestions channel (quejas y sugerencias), usually through its electronic office, at the registry or by post. If that fails, complain to the Defensor del Pueblo, the free national ombudsman, for state bodies. For regional and local bodies use the regional equivalent, such as the Síndic de Greuges in Catalonia or the Defensor del Pueblo Andaluz. The Defensor del Pueblo generally accepts complaints within one year of the facts.

A complaint does not stop appeal deadlines. A formal appeal (recurso) must be filed separately, within its own time limit.

The decision, timeline, documents, checklist and FAQ below help you pick your route and track each step.

Choosing between options

Where should you take your complaint next?

• Claim directly to the business: Always start here, in writing and with proof, for example through its customer service.

• Fill in a hoja de reclamaciones and go to the OMIC or regional consumer body: The business did not solve it. The consumer body may mediate.

• Consumer arbitration (Junta Arbitral de Consumo): The business accepts arbitration.

• Banco de España, CNMV or DGSFP: Your complaint is against a bank, investment firm or insurer, and its customer service rejected or ignored it.

Go in order: business, hoja de reclamaciones, consumer body, arbitration, court. For banks, insurers and investment firms, use the firm's customer service and then its regulator.

Timeline and deadlines

• Ask the business for the hoja de reclamaciones: at the moment of the problem, when the business must hand it over at once

• Submit the administration's copy to the regional consumer body or OMIC: as soon as possible, because time limits vary by region

• Bank or insurer must answer your complaint to customer service: within 1 month

• Payment-services complaint must be answered: within 15 business days, extendable to 35

• Escalate to the Banco de España, DGSFP or CNMV: if the firm rejects, answers only in part or does not reply in time

• Complain to the Defensor del Pueblo about a public body: generally within 1 year of the facts

Documents you need

• The contract and any terms and conditions, as issued by the business

• Invoices, bank statements and payment receipts showing what you paid

• Photos or screenshots of the problem

• All correspondence: emails, letters, burofax, chat logs, and your customer service complaint with its reply or reference number

• A short dated timeline of what happened, written by you

• Your ID or NIE, the account, policy or supply number, and the amount you claim

Checklist

• Check that the business sells to consumers, since only businesses and professionals must offer the form.

• Ask the business for the hoja de reclamaciones and insist that it hands it over at once.

• Fill in your details, the business's details, the facts and what you ask for.

• Keep your copy of the form with your invoices and other evidence.

• Submit the administration's copy to the regional consumer body or OMIC, online if your region allows it.

• For a bank, insurer or utility, send your complaint to its customer service department first.

Frequently asked questions

Does a private sale between individuals need a hoja de reclamaciones?

No, a purely private sale between two people does not need a hoja de reclamaciones, because the duty only covers businesses and professionals selling to consumers. Shops, restaurants, hotels, banks, utilities, transport and tourist rentals must have the forms.

What can I do if my bank rejects my complaint or does not answer?

If your bank rejects your complaint, answers only in part or does not reply in time, you can take it to the Banco de España claims department. Insurance complaints go to the DGSFP, the insurance regulator, and investment complaints go to the CNMV, the securities regulator.

Does a complaint to a public office stop my appeal deadline?

No, a complaint to a public administration does not stop the deadline for a formal appeal (recurso). File the appeal separately, within its own time limit.

Can I go to court if the consumer office does not solve my complaint?

Yes, you can go to court, for example with a small claims procedure (juicio verbal) for modest amounts, after the earlier steps. Before that, you can ask for consumer arbitration (Junta Arbitral de Consumo), which works only if the business accepts it.