COMPLAINT FORMS

INSTRUCTIONS 

This complaint form is the means that the Public Administration Services make available to consumers and users, with the purpose of enabling them to formulate their claims and complaints in the field of consumer relations in the territory of the autonomous region of the Canary Islands, in application of the extrajudicial dispute resolution and market discipline mechanisms contemplated in Ley 3/2003, de 12 de febrero, del Estatuto de los Consumidores y Usuarios de la Comunidad Autónoma de Canarias and in accordance with the provisions of Decreto 90/2023, de 25 de mayo, por el que se regulan los servicios de atención a la clientela, las características y el procedimiento de obtención de las hojas de reclamaciones y su tramitación administrativa en las relaciones de consumo. The person in charge of the business must hand out complaint forms to the customers when they request them and provide them with the necessary explanations and information for their proper completion by the consumer or user. 

PRIOR SUBMISSION OF THE COMPLAINT TO THE CUSTOMER SERVICE DEPARTMENT 

Prior to the submission of the complaint form to the appropriate administrative authority, the consumer or user must contact the customer service department of the claimed business person to communicate his/her complaint, that will handle it by any means, either in person —in the business premises— or remotely —by telephone, e-mail, postal address, among others—, at the choice of the business person, and will provide the consumer or user with an identification code and written proof of the submission of said prior complaint, on paper or on any other durable medium to keep a record of it. The claimed business person shall respond to the complaint as soon as possible, and in any case, within a maximum period of one month from its submission, unless the specific or sectoral regulations applicable establish a different term. 

SUBMISSION OF THE COMPLAINT TO THE APPROPRIATE ADMINISTRATIVE AUTHORITY 

In the event of receiving an unsatisfactory response to the previous complaint from the customer service department of the business person or if the period of one month has elapsed without having received any response, the consumer or user shall submit the duly completed complaint form to the Consumer Information Office corresponding to his/her municipality or island, or if there is no such office, it will be sent directly to the Dirección General de Comercio y Consumo of the Canary Islands Government, by submitting it to any of the registries provided for in Ley 39/2015, de 1 de octubre, de Procedimiento Administrativo Común de las Administraciones Públicas, or electronically through the electronic office of the corresponding body. 

It must be provided, together with the complaint form, any evidence or data that may contribute to a better assessment of the facts that are the object of the complaint. In any case, a document proving the consumer relationship (invoice, contract, etc.) must be attached, as well as proof of the prior submission of the complaint to the customer service department of the business person and the response received, if applicable. It should be noted that it constitutes a reason for inadmissibility of the claim not having previously submitted it to the customer service department of the business person or when having attempted the prior submission without success, said attempt is not justified to the administrative authority. Upon receipt of the complaint by the competent administrative authority, it will be submitted, where appropriate, to mediation. Mediation is an extrajudicial dispute resolution procedure between consumers and companies or professionals concerning their recognised rights as consumers and users, chosen and accepted by both parties and not requiring litigation before the Courts of Law, in which a mediator guides and assists the parties so that a satisfactory agreement can be reached. Failure to reach an agreement satisfactory to the consumer will result in the consumer having recourse to the Civil Courts of Law or to the extrajudicial procedure of the consumer arbitration system

 

ELECTRONIC SUBMISSION

By touching or scanning the above QR code on your electronic device, you will link to the Electronic Headquarters of the Government of the Canary Islands to fill in the electronic claim form. As much evidence or data which can contribute to the best judgment of the facts that are the subject of this claim must be provided (supported formats PDF, JPG, PNG or TIFF)
If you do not have any electronic means or an identification systems admitted by the Electronic Headquarters of the Government of the Canary Islands, you must choose the printed claim form. You can check the identification systems supported in the aforementioned Electronic Office https://sede.gobiernodecanarias.org/sede/ .

 

BASIC INFORMATION ON PERSONAL DATA PROTECTION

Treatment headingGeneral Trade and Consumer Affairs
ResponsibleDirectorate General for Trade and Consumer Affairs of the Regional Ministry of Economy, Industry, Trade and the Self-Employed.
PurposeManagement of general files such as those relating to citizen information and attention, suggestions, administrative modernisation, transparency, etc.
Rights of affected personsAccess, rectify and delete data, oppose data processing and request data portability and restriction.
Additional informationYou can consult it on the following website: Dirección General de Modernización y Calidad de los Servicios - Gobierno de Canarias

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