Tourism complaint form

What documents do I need?

The complaint form that can be completed in person on the sheet distributed at the establishment, or using the same form available from this public service website.

Before filling in the complaint form, it is important to read the instructions on how to complete and process it.

When the person making the complaint completes the form in person at the establishment, the form will be given to the owner of the tourist activity or establishment, or their staff so that, if they consider it necessary, they can add their counterclaims clearly and concisely, and obtain a copy of the complaint by any means, by taking a photograph or any other means of reproduction. The person making the complaint must submit the original of this completed complaint form, keeping a copy if required, and attach any evidence or documents considered appropriate for a better appraisal of the facts covered by the complaint.

When the tourist submits a complaint form that has not been supplied by the owner of the tourist activity or establishment, they must indicate, at least, the identification of the establishment or tourist activity, as well as its location or the place where the tourist activity is carried out.

The person making the complaint must state on the form the place, date and time of the complaint, as well as their personal details, and must then state clearly and concisely the facts that give rise to the complaint and which are being reported.

The person making the complaint may expand on the content of the complaint by including an ‘Annex to the Tourism Complaint Form’.

The person making the complaint must indicate what they are requesting and, where appropriate, other duly specified requests, e.g. financial complaint, request for arbitration or other type of complaint.

The complaint must be signed by the person making the complaint.

Once the complaint form has been completed, it will be sent to the Tourism Section of the province where the establishment is located or where the tourist activity that is the object of the complaint takes place.

‘Document attachment’ form, this form must be used to attach documents related to a tourism complaint.

If electronic submission is chosen, these documents must be converted to electronic form for submission as attachments. You can attach: The original complaint form that was filled in at the establishment.

Any documents and evidence that you provide with your complaint (e.g. invoices, brochures, etc.).

Counterclaims and documentation that the reported company considers it appropriate to provide, once it has received a copy of the complaint sent by the Administration.

If the submitted complaint lacks the necessary data for it to be processed, the person making the complaint will be asked to rectify this shortcoming within ten working days, with the proviso that if they fail to do so, they will be considered to have withdrawn their complaint and the proceedings will be closed.

WHAT TIME DO I HAVE TO ASK?

The tourist must submit their complaint form within a maximum period of two months from the date of occurrence of the facts that form the subject of the complaint.

You must know:

Availability of complaint forms and processing

Content:

• If no complaint forms are available or the tourism provider refuses to supply them, the person wishing to make a complaint may request the assistance of State law enforcement agents, so that they can record the refusal of the owners, or of their staff, to provide the complaint form.
• For owners of tourist activities and professionals who carry out tourist activities without a physical establishment, such operators must clearly indicate an online link where the complaint forms are available, or they can make the forms available to tourists when they require them by downloading them from this public service website.
• For complaints relating to prices or payments, the submission of an invoice or evidence of payment, showing proof of prior payment, is required, unless the requested person refuses to hand over this document.
• To reclaim amounts paid, you can file a request for arbitration with the Consumer Arbitration Boards or apply to the Ordinary Courts.
• It is not possible to claim compensation in administrative proceedings for damages that may result from the actions of the owner of the business or the tourist establishment that is the subject of the complaint. This recourse is reserved for the ordinary courts.
• If the content of the complaint submitted reveals any fact constituting an infringement in the field of tourism, the relevant body may, ex officio, start sanctioning proceedings against the owner of the tourist establishment or tourist activity.
• The relevant body will agree to shelve the complaint, informing the person making the complaint accordingly, when: there is no evidence of an infringement, the parties reach an agreement, the claim is withdrawn, the data necessary for processing the claim is missing and the shortcoming has not been rectified or the claim has been submitted outside the maximum period of two months from the date of the alleged facts. Anonymous complaints must be shelved without further action.

Complaints about matters that are not within the jurisdiction of the Regional Ministry of Culture and Tourism

Content:

Complaints reporting facts that fall within the jurisdiction of other departments of the Administration of the Autonomous Community or other public administrations must be sent to the latter, notifying the person making the complaint of their transfer.

For complaints concerning Airline Companies: Submit the complaint directly to THE AIRLINE or, where appropriate, to the Spanish State Aviation Safety Agency (AESA). All the information is available at this link www.seguridadaerea.es

For complaints concerning Travel Insurance: All the information is available at this link http://www.dgsfp.mineco.es/es/Consumidor/Reclamaciones/Paginas/InformacionProcedimiento.aspx

For European Union companies: All the information is available at this link https://cec.consumo.gob.es/CEC/web/home/index.htm

NOTIFICATIONS:

Once the complaint has been received, the peripheral body responsible for tourism must send evidence of submission to the tourist within fifteen days of receipt.

Communications must be sent to the address indicated by the person making the complaint:

• By post to the address of the person making the complaint address or the address for service that they have indicated.
• Electronic summons, by means of a notice sent via the email address included in the complaint form. This notice will not have the effects of a notification until the person making the complaint accesses the content of the notice in the NOTI   notification system.

APPLICABLE LEGISLATION:

• Law 14/2010 of 9 December 2010 on Tourism in Castile and Leon. (Castile and Leon Official Gazette (BOCyL)) No 243 of 20 December).
• Amendments affecting the Castile and Leon Tourism Act 14/2010 of 9 December 2010
• ORDER CYT/920/2021, of 18 June, regulating the tourism complaint form (BOCyL 03 August 2021)

Organisation:

Organisation responsible

• Consejería de Cultura, Turismo y Deporte
• Dirección General de Turismo

MANAGING ORGAN:

Secciones de Turismo

Protection of personal data:

Personal data protection (112 kbytes)