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LIFE IN SPAIN

How to lodge a formal complaint in Spain: Hoja de reclamación

If you’ve experienced bad service in Spain that didn’t meet expectations or bought a product that didn’t do what it promised to, then you may want to fill out an official complaint form in a bid to get your money back. Here’s how to go about it.

How to lodge a formal complaint in Spain: Hoja de reclamación
How to fill out an official complaint form in Spain. Photo: Green Chameleon / Unsplash

At some point or another everyone has probably experienced poor service and demanded to be reimbursed, whether it was because a bus had a broken air-con in 40C heat and was two hours delayed or you bought a product from a store that broke a month later. 

The first step is obviously to try and contact the company and sort out the issue amicably, but if this method isn’t producing any fruitful results, you may want to fill out an hoja de reclamación. 

This essentially translates as a ‘claim sheet’ and is an official complaint form you can lodge against a company to try and get reimbursed for your purchase.

READ ALSO: What to be aware of before opening a shared bank account in Spain

According to the Organisation of Consumers and Users (OCU) there are three reasons that a complaint form of this kind can help. It can:

  • Let the Consumer Administration know about your case, so they can investigate it.
  • Try and get the company to reach an agreement with you.
  • Sanction the company if it has breached any of its obligations.

What are the advantages of filling out an official complaint form?

Sometimes, just the threat of filling out an official complaint form is enough for the company to give in or propose an acceptable agreement.

Companies obviously don’t want to have lots of negative reviews and have complaints filed against them, so by filling one out, you are actually helping them improve their customer service. 

If the company still won’t do anything after you’ve submitted the form and later you go to settle the matter in court, having filled out the form will be proof that you tried to find a solution first.

Can you use this type of form for all companies?

The OCU explains that there are companies in some sectors that you shouldn’t fill out an hoja de reclamación for in the first place. Instead, you must contact the customer service department of the company itself.

This is true for banks, insurance providers, investment companies, telecommunications services, transportation companies, airlines and energy companies.

“If they do not respond in a month or respond but do not provide a satisfactory solution, then you should go down the specific dispute route that their company proposes,” the OCU states.

How do I fill out this type of complaint form?

If you are dealing with a business or service provider that does not have a specific claim channel such as a bar, store, supermarket or hotel, you can ask directly for the claim form.

The form has three copies – one for you, another for the administration and another that you must deliver to the establishment itself. 

Make sure to make photocopies of any supporting documents that serve as evidence such as contracts, tickets, invoices, guarantees, advertisements or photos.

Once completed, you must give your forms and evidence to the Municipal Consumer Information Office (OMIC) or by mail or by electronic means to the General Directorate of Consumption of your region.

Each region will have its own forms you need to complete. If you don’t ask for them from the business itself, you can find them online. The one for Catalonia can be found here, for Valencia here, for Andalusia here, and for Madrid here. For other regions, you can simply type into an internet search engine: hojas de reclamaciones + your region.

Once completed, your case will be studied and you may be presented with a resolution. If it is not successful but the administration finds that the company has breached any consumer regulations, it will open a case starting a disciplinary procedure that usually ends in a fine.

Remember that, it is not guaranteed that you will get compensation, even if the company ends up being fined.

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HEALTH

EXPLAINED: Spain’s plan to stop the privatisation of public healthcare

Spain’s Health Ministry has announced a new plan aimed at protecting the country's much-loved public healthcare system from its increasing privatisation.

EXPLAINED: Spain's plan to stop the privatisation of public healthcare

In 1997, at the time when former Popular Party leader José María Aznar was Prime Minister of Spain, a law was introduced allowing public health – la sanidad pública in Spanish – to be managed privately.

According to the Health Ministry, this opened the door to a model that has caused “undesirable” consequences in the healthcare system for the past 25 years.

Critics of the privatisation of Spain’s public healthcare argue that it leads to worse quality care for patients, more avoidable deaths, diminished rights for health staff and an overall attitude of putting profits before people, negative consequences that have occurred in the UK since the increased privatisation of the NHS, a 2022 study found

Companies such as Grupo Quirón, Hospiten, HM Hospitales, Ribera Salud and Vithas Sanidad have made millions if not billions by winning government tenders that outsourced healthcare to them.

On May 13th 2024, Spanish Health Minister Mónica García took the first steps to try and rectify this by approving a new law on public management and integrity of the National Health System, which was published for public consultation.

The document sets out the ministry’s intentions to limit “the management of public health services by private for-profit entities” and facilitate “the reversal” of the privatisations that are underway.

It also aims to improve the “transparency, auditing and accountability” in the system that already exists.

The Ministry believes that this model “has not led to an improvement in the health of the population, but rather to the obscene profits of some companies”. 

For this reason, the left-wing Sumar politician wants to “shelve the 1997 law” and “put a stop to the incessant profit” private companies are making from the public health system. 

The Federation of Associations in Defence of Public Health welcomed the news, although they remained sceptical about the way in which the measures would be carried out and how successful they would be.

According to its president, Marciano Sánchez-Bayle, they had already been disappointed with the health law from the previous Ministry under Carolina Darias.

President of the Health Economics Association Anna García-Altés explained: “It is complex to make certain changes to a law. The situation differs quite a bit depending on the region.” She warned, however, that the law change could get quite “messy”.

The Institute for the Development and Integration of Health (IDIS), which brings together private sector companies, had several reservations about the new plan arguing that it would cause “problems for accessibility and care for users of the National Health System who already endure obscene waiting times”.

READ MORE: Waiting lists in Spanish healthcare system hit record levels

“Limiting public-private collaboration in healthcare for ideological reasons, would only generate an increase in health problems for patients,” they concluded.

The way the current model works is that the government pays private healthcare for the referral of surgeries, tests and consultations with specialists. Of the 438 private hospitals operating in Spain, there are more who negotiate with the public system than those that do not (172 compared with 162).

On average, one out of every ten euros of public health spending goes to the private sector, according to the latest data available for 2022. This amount has grown by 17 percent since 2018.

However, the situation is different in different regions across Spain. In Catalonia for example, this figure now exceeds 22 percent, while in Madrid, it’s just 12 percent, according to the Private Health Sector Observatory 2024 published by IDIS.

Between 2021 and 2022, Madrid was the region that increased spending on private healthcare the most (0.7 percent), coinciding with the governance of right-wing leader Isabel Díaz Ayuso, followed by Andalusia (0.6 percent).  

READ MORE: Mass protest demands better healthcare in Madrid

Two years ago, Andalusia signed a new agreement with a chain of private clinics that would help out the public system over the next five years.

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