You paid. They didn't deliver — or won't refund.
Here's what Spanish law says you can do.
An online shop refusing to refund you, a subscription still billing after cancellation, a cancelled flight without compensation, a repair shop that did nothing — Spanish consumer law covers all of these. The issue is that companies only respond to written complaints that cite specific legal provisions.
Tell us why the money should be returned
NAVI will prepare the refund demand.
✓ Free · ✓ No account needed · ✓ Takes a few minutes
What happened to you?
Consumer complaints cover a wide range of situations. In every case, the company has specific legal obligations — and you have the right to enforce them in writing.
Refund not received
You requested a refund — after returning goods, cancelling an order, or exercising your right of withdrawal — and the company hasn't paid. For withdrawal, the law sets 14 days from your notice; for goods, the seller may withhold the refund until receiving the item or proof of shipment (art. 107 TRLGDCU).
Product not delivered / service not provided
You paid but received nothing — or something different from what you ordered. This is a breach of contract: you can demand performance or rescission with a full refund (art. 1124 Spanish Civil Code).
Billed after cancellation
You cancelled a subscription or service but charges keep appearing. Each charge after cancellation is an undue payment you are entitled to recover, plus interest.
Defective or not as described
The product arrived broken, faulty, or significantly different from the listing. New goods carry a 3-year warranty (RDL 7/2021); the seller must repair, replace, reduce the price, or refund.
Late delivery or non-performance
A move, renovation, installation, or booking wasn't completed by the agreed date. Missing a contractual deadline entitles you to rescind the contract and recover your payment.
Company ignoring you
Weeks or months of calls and messages with no result. A written complaint creates an official record and triggers the company's obligation to respond within a specific timeframe.
Want RightNOW to guide you step by step to the result?
RightNOW Action Plan for a consumer dispute: we review the situation, gather documents, prepare the order of actions and guide you step by step.
Get the Action Plan for €59 →What the law entitles you to — and when
Spanish consumer law (TRLGDCU, RDLeg 1/2007), the Civil Code, and EU Regulation CE 261/2004 (flights) impose specific obligations on companies. Here are the most important ones.
Rights you can assert
- Right of withdrawal (online purchases): 14 calendar days, no reason needed (art. 104 TRLGDCU)
- Legal warranty: 3 years on new goods; second-hand goods may have a shorter agreed period, minimum 1 year (RDL 7/2021)
- Free repair or replacement of defective goods within warranty (art. 120 TRLGDCU)
- Price reduction or rescission when repair/replacement is not possible (art. 121 TRLGDCU)
- Flight compensation: €250–€600 for cancellation or 3+ hour delay (CE 261/2004, art. 7)
- Recovery of undue charges after cancellation + legal interest
Situations that limit your claim
- Custom-made goods; perishables; already-downloaded digital content (withdrawal exceptions, art. 103 TRLGDCU)
- Damage caused by the consumer after delivery
- More than 3 years since purchase (warranty period expired)
- Flight cancelled due to extraordinary circumstances: natural events, pandemic (art. 5.3 CE 261/2004)
- Flight arrival delayed by less than 3 hours
- Private sale not covered by TRLGDCU
Even in less clear-cut cases, a well-drafted written complaint forces the company to give an official reply. Without a written record, there is no basis for escalation.
Documents to gather before filing your complaint
- Order confirmation or signed contract
- Payment receipt or invoice
- Exact dates: purchase date and date the problem arose
- Company name and contact details (address, support email)
- Screenshots of the product/service listing as advertised
- Photos or video of the defective item
- Bank statement showing unauthorised charges
- Support chat or email history (tickets, messages)
- Flight: boarding pass, flight number, airline's rejection letter
- Repair: quote, job sheet, technical report
- Subscription: cancellation confirmation + statement with subsequent charges
- Telecom: itemised bill and incident reference number
💡 You don't need every document to start — a payment receipt and a clear description of the problem are enough for the first complaint. Additional evidence can be supplied later.
Mistakes that weaken your position
Complaining only by phone or chat
Phone calls are not recorded; chat logs can disappear. Only a written complaint — sent by email with read receipt, via the official website, or by registered post — creates a legally valid trail.
Not stating a specific demand
"I want to resolve this issue" is not a demand. Your complaint must clearly state: refund of X euros, repair within a specific timeframe, cancellation of the contract. Vague language gives the company room to respond with nothing meaningful.
Accepting a voucher instead of a cash refund
Companies routinely offer store credit or vouchers to avoid paying cash. Unless you explicitly agreed to that, you are entitled to a refund by the same payment method you used (art. 107 TRLGDCU). You can decline the voucher.
Missing limitation deadlines
The lack of conformity must appear within the applicable legal liability period; the action to demand conformity expires 5 years after that lack of conformity appears (arts. 120 and 124 TRLGDCU, as amended by RDL 7/2021). For flight claims, the Spanish Supreme Court sets a 2-year limitation period. Don't delay.
Not keeping copies
Keep everything: a copy of the complaint you sent, delivery confirmation, and the company's response (or lack thereof). Without this paper trail, escalating to your local consumer office (OMIC), regional consumer services, or court becomes significantly harder.
Relying on customer support to fix it
Call-centre agents are there to contain complaints, not resolve them. An official complaint letter citing the law reaches a different internal team — and the likelihood of settlement increases substantially.
5 steps: from phone calls to official complaint
Gather your documents and clarify your demand
You need: proof of payment, a description of the problem with specific dates, and the exact outcome you want (refund, repair, cancellation). Without these elements, a complaint has no legal foundation.
Send the complaint in writing
Via email with read receipt, through the company's official contact form, or by registered post. Cite the applicable law (TRLGDCU; CE 261/2004 for flights) and set a reasonable response deadline — typically 15 days.
Wait for a response within the deadline
If the company accepts — confirm the agreed refund amount, method, and timeline in writing. If they refuse or don't reply, you have grounds to escalate.
On the spot: ask for the hoja de reclamaciones
Every shop, bar, workshop or clinic in Spain must have official complaint forms — the hoja de reclamaciones — and hand one over the moment you ask. You fill it in there, keep your copy, and file your copy with the consumer authority of your region (many now accept it online); the business keeps its own. If they refuse to give you the form, that refusal is itself a sanctionable offence: call the local police (092) to come and certify the refusal, note date, time and names, and file the complaint directly with the OMIC or your region's consumo department. A refusal documented this way usually hurts the business more than the original complaint would have.
Escalate: OMIC, regional services, or arbitration
If the company hasn't resolved the issue, file a complaint with the local consumer office (OMIC), regional consumer services of your autonomous community, or request arbitration — a free and binding procedure if the company has joined the system. No reply to your hoja or written claim within the regional deadline (commonly around 10 working days to 1 month, depending on the community)? That silence is your green light to escalate — attach the unanswered claim as evidence.
If all else fails — court
Claims up to €2,000 in Spain use simplified proceedings with no mandatory lawyer or procurator (LEC arts. 23.2 and 31.2). For disputes with companies in other EU countries, the European Consumer Centre can assist.
A written complaint changes the game
Companies know that verbal complaints lead nowhere. An official complaint letter citing the law and setting a deadline triggers different internal procedures — and opens doors that calls to customer support never do.
Creates an official record
Without a written complaint, there's no proof you ever raised the issue. A dated email with delivery confirmation locks in your position and is accepted as evidence at every level of escalation.
Starts the clock for the company
A formal complaint obligates the company to respond. If they don't, that silence itself becomes evidence when you escalate to a consumer authority or court.
Unlocks arbitration and court
To initiate arbitration or file a claim, you generally need to show that an out-of-court attempt was made. A written complaint is that mandatory first step.
✅ You can likely handle it yourself when:
- you have proof of payment and a clear breach
- the company is registered in Spain or the EU
- the amount claimed is clear and undisputed
- limitation periods have not expired
🤝 Consider getting help when:
- the amount is substantial (>€1,000) or there is consequential loss
- the company rejected the complaint and does not participate in arbitration
- the contract contains potentially unfair terms (Ley 7/1998)
- the matter involves misleading advertising or aggressive commercial practices
Claim what you're owed
No need to write from scratch. Answer a few questions and get a complete complaint letter with legal references, ready to send to the company or the OMIC.
Frequently asked questions
How long do I have to return an online purchase?
14 calendar days from receiving the goods — no reason required (art. 104 TRLGDCU). If the company failed to inform you of this right properly, the period extends to 12 months (art. 105 TRLGDCU). Once you notify them, they must refund you within 14 days, with the legal withholding rule for returned goods (art. 107). Exceptions: custom-made goods, perishables, already-downloaded digital content (art. 103).
How long is the legal warranty on a product I bought?
For new goods purchased from 1 January 2022: 3 years' legal warranty (RDL 7/2021, transposing EU Directive 771/2019). During the first 2 years, there is a legal presumption that any defect existed at the time of delivery. The seller must repair or replace the product for free; if that's not possible — reduce the price or refund you (arts. 120–121 TRLGDCU). For second-hand goods, a shorter period may be agreed, but not below 1 year.
Can I claim compensation for a cancelled or delayed flight?
Yes, if the flight departed from an EU airport or was operated by a European carrier arriving in the EU. EU Regulation CE 261/2004 sets compensation at: €250 (flights up to 1,500 km), €400 (1,500–3,500 km), and €600 (over 3,500 km) — for cancellation or arrival delay of more than 3 hours, unless caused by extraordinary circumstances. You are also entitled to a full ticket refund within 7 days.
What can I do if I'm still being charged after cancelling a subscription?
Each charge after cancellation is an undue payment. You are entitled to recover all those amounts plus legal interest. Start with a written complaint to the company demanding a refund and citing your cancellation date. If there's no response, dispute the charges with your bank and file a complaint with your regional consumer services. Always keep your cancellation confirmation.
How long do I have to complain about a defective product?
The defect must appear within the legal liability period (3 years for new goods after RDL 7/2021). The right to bring a conformity claim expires 5 years from the manifestation of the lack of conformity (arts. 120 and 124 TRLGDCU, as amended). For flight claims, the Spanish Supreme Court applies a 2-year limitation period. Don't delay: early complaints are easier to substantiate.
Can I force the company into arbitration?
Only if the company has voluntarily joined Spain's Consumer Arbitration System (SAC). You can check the official register of adherent companies. If they haven't joined, arbitration cannot be forced — but you can complain to your local OMIC or bring a court claim at your place of residence: claims up to €2,000 do not require a lawyer.
Does this replace a lawyer?
No. The generator drafts an official complaint letter — the first step, which is often enough to settle the matter. If the company rejects it and formal arbitration or court proceedings become necessary, RightNOW assesses your next options.
More consumer guides
Checked by the RightNOW team · Change history
- Guide expanded: new sections answering more real situations.
- Legal basis, deadlines and figures re-checked against official sources.
- Page published.
This guide is general information about Spanish law, not a legal opinion on your case. Rules change and outcomes depend on your own facts and documents — check your situation before you act on it.
Need everyday protection, not just a one-off check?
Included: checks of Spanish documents, letters, requests and contracts before signing, Action Plans, consultation and sending your claims by burofax.