Here is a simple explanation of how to understand your Spanish bank account number. Whether you are already living in Spain or are moving to Spain, it is a good idea to understand the different bank codes you may need.
Spanish bank account numbers are made up of 20 digits.
For example: 2100 2527 33 1234567890
Whenever you are asked for your bank account details in Spain, you should provide the full 20 digits.
Other bank codes you will be given that are necessary for international money transfers are:
IBAN: International Bank Account Number
BIC/Codigo Swift: Bank Identifier Code / The Society for Worldwide Interbank Financial telecommunications
The IBAN is made up of a maximum of 34 characters:
Eg: ES21 2100 2527 33 123456789
The BIC/Codigo Swift is made up a 8 – 11 characters:
Eg. CAIXESMAXXX
Related pages - Opening a non residents account - Opening a Residents account
Or feel free to ask admin on our Facebook Group
Rules and guidelines for Property Rental here in Spain - Owners who let their properties on a short or long-term basis in Spain must comply with national rental regulations as set out by the national rental law (Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos and Real Decreto-Ley 7/2019, de 1 de marzo).
Before entering into a tenancy agreement as a landlord (arrendador) or tenant (arrendatario) in Spain, make sure you know your rights and obligations as they can differ from those in the UK. Consider seeking professional advice to ensure you are complying with Spanish and local legislation.
GUIDE TO BUYING PROPERTY IN SPAIN
Energy efficiency certificate
Since 2013, all homeowners in Spain are required by law to have an energy efficiency certificate (Certificado de Eficiencia Energetica) prior to selling or leasing their properties. The certificates provides potential buyers and tenants with an indication of the energy efficiency of the property and its typical energy outgoings.
Rules and guidelines for Property Rentals
Short-term (holiday) lets
If you want to let your property to tourists on a short-term basis, you must ensure that you are doing so in accordance with Spanish law. Most regions in Spain have put legislation in place to regulate holiday rentals in their area by making it compulsory for property owners to obtain a licence prior to letting, and by establishing a ceiling on the number of licences available. Some local authorities have placed a moratorium on the issuing of new licences as a means to control the number of holiday rentals in their city.
Properties can be subject to inspections by the local authorities, and owners who are caught marketing unlicensed, private residential property to tourists without complying with local legislation, can be liable for severe fines.
The classification of tourist apartments (apartamentos turisticos) and holiday homes (viviendas vacacionales) can vary from one region to the next. In some areas, it is subject to the length of stay or whether the property is being rented as a whole or individual rooms. In others, it is determined by the location of the property (i.e. proximity to city centre, beach).
You should seek independent legal advice and check the local laws and requirements (i.e. health & safety measures) at the town hall or the regional government’s tourist department before you buy if you are considering letting your property on a short-term basis.
If you are planning to buy an apartment which is part of a residential block, you should also check the Community of Owners statutes to see if there are any rules that prohibit or restrict holiday letting within the community. The set of legislative measures regarding Spanish rental laws (Real Decreto-ley 7/2019) that came into force in March 2019, provide Communities of Owners with greater powers to prohibit holiday home rentals within their development or block.
Once you have correctly registered your property with the local authorities and obtained the necessary licence, you may wish to consider hiring a Spanish letting agent to assist with finding tenants, drawing up rental contracts and managing the property on your behalf. In some regions, it is obligatory to use a specialist tourist apartment management company for short-term rentals to tourists.
Property Rental Rules in Spain
Long-term lets
Many people looking to buy a second home in Spain choose to rent before they buy. Private tenancy agreements are governed by national rental laws (Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos and Real Decreto-Ley 7/2019, de 1 de marzo), which set out and protect the rights and obligations of both the landlord (arrendador) and the tenant (arrendatario).
Before signing a tenancy agreement
Tenants should undertake a thorough inspection of the property before signing a contract.
Its good practice to verify the identity of the person or agency renting out the accommodation to ensure they are the owner. This can be done at the National Property Registry by means of a ‘nota simple’. If someone is acting on behalf of the owner such as an agent, you should ensure they have power of attorney to do so.
Tenancy agreements
Rental agreements must provide the tenant with the full terms and conditions of their tenancy and be formalised in writing. Ensure you fully understand all clauses before signing and if something is not clear, seek legal advice. The written agreement must state the full name and ID number (DNI for Spanish nationals, NIE or passport for foreign nationals) of the landlord and tenant, the property’s full address and the specific terms to which both parties have agreed such as rent amount, payment method etc.
If the property is furnished, this must be specified in the agreement, as should the tenant’s ability to use any other facility such as storage rooms, parking spaces, shared gardens and swimming pools etc.
The consumer watchdog UCO (Organización de Consumidores y Usuarios), offers an sample rental contract here.
Inventory
The landlord should provide the tenant with an inventory that lists any furniture, electrical appliances or other equipment included in the rental agreement and a note of the condition they are in at the time of signing. You should check that all electrical appliances are in working order, and should ensure the inventory is correct. You may wish to take photographs to avoid any future disputes.
It is important to check the water, gas and electrical fittings.
Deposits
The deposit (fianza or señal) must be paid on signing the contract and the landlord should provide a receipt. By law, a landlord in Spain can only request a one-month deposit on long-term lets. Additional assurances such as a bank guarantee (aval bancario) or other guarantees may be requested, however this is separate to the deposit and cannot by law, exceed the total of two months’ rent.
The landlord is obliged by law to place the deposit in the corresponding ‘Agencia Social de la Vivienda’ of the region. This is the equivalent to a government-approved tenancy deposit scheme (TDP) in the UK.
On termination of the contract, the landlord is obliged to return the deposit to the tenant one month from the date the contract is terminated.
Property Rental Rules in Spain
Letting agencies
*Updates - Contracts from May 26th 2023. The costs of the real estate or any agents including the preparation of the rental contract, will be paid by the landlord.*
Should you choose to rent through a letting agent, fees tend to be the equivalent of one month’s rent plus VAT.
Tenancy length
The length of the tenancy agreement can be freely negotiated between the landlord and the tenant, however if the tenancy agreement does not specify a fixed term mutually agreed by both parties, national rental law conditions will apply (Real Decreto-Ley 7/2019, de 1 de marzo).
Rental contracts tend to be for one year, after which time they may be terminated or renewed. Should the agreement be open-ended or for less than 5 years, the tenant has the right to extend it each year until a maximum of 5 years has been reached (7 if the tenant is a legal entity ‘persona juridica’). After five years, if neither party notifies the other of their wish to terminate the contract, it will automatically be renewed annually for a maximum of three more years
Utilities & other outlays
Contracting utility service providers (i.e. electricity, gas, water etc.) is the responsibility of the tenant unless otherwise established in the terms of the contract.
Landlords must provide tenants with the property’s Certificate of Occupancy (Cédula de habitabilidad) issued by the regional council. This document serves as a guarantee that the property is fit for purpose, and is required when contracting water, gas and electricity services.
Before you finalise a rental agreement, make sure you are clear on the agreed amount and check if the terms of contract include any extra outlays such as community fees (see ‘Community of Owners’ section) or the Impuesto de Bienes Inmuebles (IBI), an annual tax which unless specified in the contract, falls to the property owner to bear.
Rent
Spanish law states that landlords can only apply annual rent increments if this is clearly stipulated in the terms of contract (e.g. fixed annual percentage increase). However, where the increment methodology is not specified, the amount cannot exceed the annual consumer price index rate (Índice de Precios al Consumo - IPC).
If rental increments are not addressed in the contract, no increment can be applied until the contract expires (5 or 7 years).
After this time, the landlord can increase the rent if they make improvements (other than regular maintenance works) to the property one month after completion of the work and only if the tenant has been informed in writing. Any increments due to property improvements are subject to a 20% cap, and the landlord must provide the tenant with details of the costs involved and how the new rent has been calculated.
Rental increases 2023 - Unless the increase has been agreed between the landlord and tenant, the government freezes rental increases to 2% this year and possibly by 3% for 2024.
Property Rental Rules in Spain
Property maintenance
The landlord is obliged to carry out any works necessary to ensure that the property is habitable and cannot apply rent increments as a result.
Tenants are liable to repair any damage caused to the property that is not naturally occurring (not wear and tear) such as purposeful damage, accidental or through neglect.
Both landlords and tenants should keep a record of any work they do or pay for during your tenancy.
Rules and guidelines for Property Rentals
Safety recommendations
Some safety aspects of Spanish tenancy law differ from those in the UK. The use of smoke and carbon monoxide detectors is highly recommended, however unlike in the UK, it is not a legal requirement in rented properties in Spain.
Unlike in the UK, landlords are not legally obliged to commission annual gas safety checks however service providers are required to undertake a full gas check every 5 years. Many offer maintenance schemes for rentals and some also provide cover in the event the tenant fails to meet payments.
While there is not a legal obligation on landlords to have professional checks carried out on the electrical appliances, there is, however, an obligation to ensure that all electrical equipment is safe to use.
Termination of contract
The tenancy contract can only be terminated after 6 months from the date of signing if the tenant notifies the landlord in writing with at least 30 days’ notice; or if after a year of tenancy, the landlord (persona fisica) needs to claim the property back as his or her main residence, in which case they must give the tenant at least two months’ notice.
Rental agreements can also be dissolved when one party fails to meet their obligations such as meeting rental payments or withholding the deposit. For further information see the national rental law (Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos.)
Property Rental Rules in Spain
Rental dispute resolution
Should disputes between a landlord and tenant arise, there are a number of different mechanisms available where either party can seek resolution either through arbitration, mediation or legal action:
Letting and income taxes
You must ensure that you declare your rental income to the Spanish tax authorities (Agencia Tributaria) whether you are resident in Spain or not and regardless of the length of the let.
Be aware that non-resident property owners in Spain are required to complete a tax return each year even if they do not rent out their homes.
Taxation is a complex issue, and it is advisable to seek the advice of an accountant or professional tax adviser with comprehensive and up to date knowledge of both the UK and Spanish tax regulations.
Property Rental Rules in Spain
Equity release schemes
Equity release schemes are schemes which are designed to allow homeowners to release equity from the value of their property as income, a lump sum or a mixture of both. A reverse mortgage (hipoteca inversa) is one form of equity release which allows homeowners to borrow money against the value of their home, which is used as collateral. Reverse mortgages are generally marketed at retired homeowners who are over 65 years old.
If you are considering an equity release scheme, such as a reverse mortgage or lifetime loan, it is advisable to check that the company offering the mortgage is registered with the financial regulator for the securities markets, the Comision Nacional de Mercado de Valores (CNMV) and that they do not have any warnings issued against them.
A list of financial companies which are not authorised to operate in Spain and those subject to an ongoing investigation is available on the CNMV website.
Seek independent legal advice prior to signing any contracts to make sure the information the company has given you is correct, there are no abusive clauses in the contract and you are fully aware of your rights.
Be suspicious of financial companies or agents who try to persuade you into signing a reverse mortgage agreement as a way of avoiding or reducing your tax obligations. If you have any concerns about your tax obligations (for example inheritance tax) you should seek the advice of an experienced professional tax advisor who can advise you independently. Alternatively you may wish to check with the Spanish Tax Office (Agencia Tributaria).
If you are not happy with the scheme you have been sold, the first step is to submit a complaint to the company responsible for your investment. If after 2 months, you are not satisfied with the response or do not receive a response, you are entitled to complain to the CNMV.
Although the CNMV final reports are not binding, they will comment on the conduct of the company or person against whom the complaint has been made. Where the report favours the customer, the company involved is required to notify the CNMV of any action taken to resolve the matter.
If you believe you have been a victim of a fraud involving an equity release scheme you can register a statement with the police and seek independent legal advice on taking action through the courts. Further information for victims of fraud is available on the fraud page.
Property Rental Rules in Spain
Timeshare ownership is well established in Spain. However, there are also many unscrupulous companies, some of which claim to provide various incentives (including stock market investments and discounts on airfares and accommodation) when exchanging existing time-share ownership or taking out membership of holiday clubs.
You may find it useful to read the timeshare fraud advice from Action Fraud, the UK’s national fraud reporting centre, run by the National Fraud Authority.
Guide to Buying Property in Spain. Spanish Property Insight provides information and advice on buying a property in Spain.
The Spanish Ombudsman is responsible for defending the fundamental rights and civil liberties of citizens by monitoring the activity of public authorities. If you have a complaint about any public authority, you can submit a complaint to either the regional or national ombudsman.
If you are facing problems with your property in Spain, there are many residents associations who may be able to provide support and advice as well as put you in touch with others who have had similar experiences.
This information is provided as a general guide and is based upon information provided to the embassy by the relevant local authorities and may be subject to change at any time with little or no notice. Benidorm Seriously, The FCDO and the British embassy will not be liable for any inaccuracies in this information. British nationals wishing to obtain any further information must contact the relevant local authority or seek legal, specialist advice.
If you intend opening a business, studying, working or becoming a resident in Spain (A person who spends more than 90 days in Spain should apply for residency), you may need a Spanish Bank account
Please note Benidorm Seriously do not recommend Bankia. From Personal experiences of the admin team, this bank make it very difficult to access your money while quietly adding charges for not using the account. Branches will refer you to other branches that are quite a distance away and inconvenient to visit.
Resident’s accounts offer slightly better commissions and fewer charges than Non-resident accounts, but the difference is marginal.
DOCUMENTATION NEEDED for a Spanish Bank Account
Passport: You will need a valid passport as proof of identity.
Residencia
NIE
Proof of home address, ie a recent utility bill or your Padron.
Proof of employment status - A certified copy of your employment contract, or unemployment documents, or student card.
BANK CHARGES for a Spanish Bank Account
Warning. We strongly advise members not to consider Bankia. Personal experience with this bank involves hidden charges, whereby the bank make it difficult to use their facilities and then charge extortionate fees for not using them.
Selecting a bank means you should shop around as charges do differ according to the region as well as the institution.
Usually, banks charge an annual fee for administering a current account (cuenta corriente) and can vary from €15 to €30 per annum. You need to also check the fees for debit and credit cards (tarjeta de débito, Tarjeta de crédito). Also check on fees on savings accounts (cuenta de ahorros) and the cost of cheque books.
Many people are a little taken aback when they see the number of charges on items which back home are free so be aware that you will come across charges you are not familiar with. Most ATMs carry withdrawal fees.
The major banks in Spain have websites but there are some whose pages are available in Spanish, but if you go through your search engine there is usually the option to translate the pages. Banks in Spain fall into two categories: Privately owned banks or bancos and those which are government owned or Cajas, which literally translated means pay office, or pay desk).
BBVA : Account and Debit card Without Commissions or Fee / Register Here
Banco de Sabadell / Resident and None Resident Bank Account Register Here
INGdirect : Online Banking , Only in Spanish
Top Banks in Spain
BBVA (Spanish pages only – search engine translation possible) – A traditional bricks and mortar bank – If you prefer to go the traditional route then BBVA and Sabadell have a good reputation among expats.
Sabadell and BBVA allow you to open your bank account while your residency application is in progress and both offer English service.
Banco de Sabadell (website covers English plus 5 other languages)
Sabadell took over Lloyds Bank International in Spain, and they have an excellent reputation for helpful staff and for making the opening of an account easy and fast, especially as they offer a UK to Spain free and direct account for UK expats living in Spain, this is a Regular Transfer Plan account guarantees that any transfer of funds from the UK will be available to the customer within 3 days of transfer, and the right news is there are no charges for these money transfers.
Another product is their Prestige Care Account which does carry an annual charge but no further charges on transactions, credit cards or cheques and there are the options of the internet and telephone banking.
If you would like your children to hold their bank account, they offer Free Banking for young people between the ages of 13 to 25.
Opening a bank account with Sabadell can be opened with a passport only
NIE Number is preferred but not essential.
We use Banco Sabadell. They offer instant account setup and ease of use.
La Caixa is no 3 in the list of Top banks in Spain. Caixabank offers all the traditional retail banking facilities, and the good news is that you can usually find someone who can deal with all your transactions in English. Pensioners can enjoy a ‘no fees’ account and to avoid standing in queues, and for a small fee, the bank offers to pay all your bills i.e. electric, phone, internet, and insurance, direct from your account. The bank’s free protection service covers cardholders in the event of card fraud and theft. Apart from traditional banking, customers of Caixabank can take advantage of the many insurance packages from i.e. life, liability, house and car to pension. But do check your options before you buy, as you could find something cheaper elsewhere.
Caixabank English online banking: Website
Santander Internet Banking (in Spanish only)
Santander purchased an online bank – Patagon Internet Bank (Argentina) and changed the name to OpenBank. This online banking option does offer a free account. This ‘Cuenta Sin Nomina’ online account has no requirements in terms of deposit amount or minimum balance.
Another account type offered by OpenBank is the ‘Cuenta Nomina’ which offers a 1% cash back on any bills you pay through this account.
Interest on OpenBank accounts – No interest is paid on current accounts, but savings accounts offer 2% interest for the first three months.
ATM withdrawals – there is no charge if you use the Santander named ATMs, but there is a charge if you withdraw from your account at another bank’s ATM. As the costs change from time to time, it is advisable to check the cost.
ATM Deposits there is no limit on the number of free deposits at the Santander named ATMs.
DEUTSCHE BANK
DEUTSCHE BANK – Barcelona. Deutsche Banks has English speakers in most branches in Barcelona. Their website offers English, French, German and Spanish and a bank locator.
Online and telephone banking are available in English
EVO
EVO – A competitor of ING this offers an excellent account option for young people with its Cuenta Joven and if you are over 28 then the Cuenta Intelligence. Both can be opened with just a passport ID.
To open the Free EVO – Cuenta Intelligente account you will need to have a set amount that you deposit each month into the account and pay at least five bills a month from the account.
To open the Free EVO – Cuenta Joven account you need to be between 18 and 28 has the same benefits as the Cuenta Intelligente but no annual fee and no prescribed requirements as to deposit and payments.
In both cases, there is a fee for closing the account.
Evo website is in Spanish, but there is an English option for online banking.
Recommendations are that EVO is a great option for small amounts of Euros if you need to put it somewhere safe and be able to access your money easily at an ATM while you are in Spain.
There are many other banks here in Spain so do some research on your Spanish Bank Account which one would suite your needs best.
Avoid these exchange places, the exchange shops listed below will always advertise a rate slightly higher than everyone else s but do not be fooled you will only get the higher rate if you are changing over a large amount of money (normally between 599€ and 2,000€) but they don´t tell you that verbally until it is too late, and their normal rate is actually lower than it should be. This is quite clearly stated on their boards, so although not ethical it is not illegal, and people still fall for it on a daily basis.
Find out what the average rate around town should be here.
Always read the small print before signing anything, once you have signed there is no going back. and it does actually state - WHEN THE TRANSACTION IS COMPLETED, NO REFUND CAN BE GIVEN. WITH MY SIGNATURE I CERTIFY THAT I WILL NOT DO ANY COMPLAIN BACK.
Avoid this exchange place situated next to the Steak house (used to be Dino's) on Av. Castelló, opposite el barrel down the side of villa Benidorm Hotel
Avoid these exchange places - situated next to the Benidorm Centre Hotel, on Calle Gerona, towards the Old Town on the Avenida del Doctor Orts Llorca which uses the same practice as the places above.
SAFE Places to exchange your money and the exchange rate can be found HERE
ATM Machines
Over the last few years, you may have noticed that a lot of new ATM machines have been installed all over the town.... DO NOT use these unless in an emergency. The reason there are so many of these arounds is because they make money out of people using them....
If you use a local Spanish bank card these machines are not too bad to use, but as a tourist using a foreign Bank Card, you are likely to lose up to 20% of your money on withdrawals and fees.
Firstly, these machines give you the option to withdraw large amounts of money ie 1000€, they will then give you the worst exchange rate they can (decline their conversation offer), not only that but you may be charged up to 5 pounds with every transaction, as stated above this can amount to you loosing up to 20% of your hard-earned money.
Always try to use the ATM machines at the main banks, where you will get a better exchange rate and will be charged less commission, (commission rates will vary depending upon your bank, so read the small print). Also, as a safeguard always inform your bank that you are going on holiday in Spain, that way they will be expecting some withdrawals from your account in Spain, if you don't do this you run the risk of having your card blocked.
Read more tips and advice on how to get the best out of your money abroad HERE
Wherever you are in the world always use the Local Currency so if paying by card accept the EURO option in the shops.
Find more general information and money saving tips in this section of the website
JOIN THE BENIDORM SERIOUSLY FACEBOOK GROUP
Have you been caught out? comment below.
Consumer rights in Spain may differ slightly to in the UK, find out what they are and how to return items.
30th December 2021 - Spanish consumers organisation FACUA have reported that consumers in Spain will have a standard 3 years guarantee on goods that are bought from this coming Jan 1st, instead of the current 2 years. This they report is a result of incorporating the EU directive (EU 2019/771), of consumer rights on goods into law. Good news for shoppers in Spain!
Can I Return Anything To A Store?
Basically no. If you think you might change your mind about what you’re going to purchase, check the store’s policy first. Stores are not legally required to accept returned goods just because you’ve changed your mind or decided you don’t like them. However most chain stores in Spain do have a “no-quibble” returns period of around 7-15 days.
If you´re not 100% convinced about what you’re buying, or are impulsive and often regret your purchases, you’re probably better off buying online. By law you have 14 days to return items without having to give a reason for the return.
Remember that some items can never be returned (unless they’re faulty) such as personalised and bespoke goods, underwear, items used for personal hygiene, or DVD’s / Blu-rays / video games if already opened.
Legal guarantee
How long is the legal guarantee for new and second-hand goods?
The duration is 2 years for new goods and 12 months for second-hand goods.
If the product is defective, who is responsible for putting things right?
The seller, even for purchases made on an Internet platform. However, the platform may have agreed to act as an intermediary so read the terms and conditions.
By when must the consumer notify the seller of a defect?
Within 2 months of noticing the defect.
Who has to prove the presence/absence of a defect and how long do they have to do this?
The seller must prove that the item was not defective for the first 6 months after the delivery of the product ("reversal of burden of proof"). After that, the consumer must prove that it was defective.
Is there a third party testing body that can help to provide proof?
The consumer can ask any repair shop for an expert opinion, but this might not be accepted by the seller. In the event of a court procedure, the judge may accept the consumer's expert's opinion or ask for an independent expert opinion.
Consumer rights in Spain
What remedies is the consumer entitled to free of charge? Is there a deadline for implementing the solution?
There is a "hierarchy of remedies":
REPAIR OR EXCHANGE OF THE PRODUCT
This is the most usual solution: faulty goods are normally exchanged, or in some cases repaired. The consumer cannot be charged for delivery costs, labour or materials. Any repair must be carried out in a reasonable timeframe.
During the time of repair the 2-year guarantee period is suspended from the date the consumer deposits the goods with the vendor until the date they’re returned.
Watch out if you’re offered a credit note. This reduces your rights by forcing you to use the credit note in that store; if your size/colour/etc isn’t in stock, insist on a refund (see Option 3)
PARTIAL REFUND or reduction of the purchase price if repair or replacement is impossible, but only under certain conditions
In some cases you may be willing to keep the goods and accept a partial refund. The amount refunded must be proportional to the original price and what you would have paid if the fault had been pointed out when purchased.
FULL REFUND
You can exercise this option when the vendor cannot substitute the goods. A refund will be made by the same payment means, so if you paid by credit card then you’ll get a credit on your monthly card statement.
Is the repaired/replaced product covered by a new guarantee?
In the case of repairs, the legal guarantee period is only extended by the time necessary for repair. In the case of replacement, a new guarantee comes into force for 2 years from delivery of the replacement.
Consumer rights in Spain - Sales Items Bought In Store
Normal consumer rights remain the same during the sales. In other words you have no statutory right to return items simply because you don’t like them.
Larger stores with nationwide branches tend to be more flexible and allow exchanges or returns even if you’ve changed your mind. Watch out though with clothes for special occasions, they may have different rules to avoid people wearing them once and returning.
Returns are normally refunded by the same method of payment, if you paid by card you’ll get a credit on your next statement.
Smaller stores may put up signs saying no returns during sales periods, check before you buy. Even if a sign is visible, this does not affect faulty items as these can always be returned.
Smaller stores may not accept payment by credit card during sales or may increase the threshold below which cards aren’t accepted.
National / Regional Regulations in Spain
Sales items should have been on offer at a higher price prior to the sales commencing. Labels should show the previous price and the new reduced price.
During the sales regional inspectors carry out checks on stores to ensure that they are following the regulations, however fines are few and far between!
Sales periods differ depending on each region. Summer sales are generally held in July and August, winter sales in January and February. However legislation is changing and some regions may be able to hold sales at any time of the year.
Warranties
Warranties are not affected by the price of the product and neither are any post-sales services
Can the consumer take action against the importer or any intermediary in the supply chain up to and including the producer?
Yes. Under the legal guarantee against hidden defects (see below), the consumer can return the product to any intermediary in the supply chain.
If no amicable solution can be found, what is the deadline for taking the case to court?
The prescription period is 3 years from delivery of the goods unless there is a suspension of the statutory limitation.
Are any other legal guarantees laid down in national law coexisting with the legal conformity guarantee?
Yes. There is a guarantee against hidden defects, but the consumer must prove the existence of any such defect.
Commercial warranty
Who is responsible for application of the warranty?
The party offering the warranty, be it the seller, the producer or a third party guarantor. Always refer to the documentation provided.
On average, how long is a commercial warranty?
1 to 5 years, and in most cases 2 years, as with the legal guarantee. More expensive goods usually have a longer warranty which often applies to specific parts of the product.
Is it free of charge?
Not necessarily. The trader can fix the conditions, so it can be free of charge or offered against payment.
Does it have to be confirmed in writing?
The seller has to provide the commercial warranty in a written document or in a durable and accessible format.
What information is required?
It must include the content of the warranty, all essential elements such as duration and geographical coverage, details of the company offering it and a reminder of the legal guarantee.
New Consumer Legislation 2014
March 2014 saw the introduction of amendments to the Spanish Consumer Law, specifically regarding some aspects of online sales such as increasing from 7 to 14 days the period for returns if you’ve changed your mind.
However, the new legislation still does nothing regarding imposing important economic sanctions on companies that continue to ignore consumer rights. Even when a company is sanctioned, a consumer still needs to go to court if they want to receive compensation for damages – thus leaving companies in a position of power.
What If The Company Refuses To Substitute/Repair/Give a Refund?
In this case request the official claims form “Hoja de Reclamaciones” (see our guide at the link about how to use them).
Remember DO NOT leave your original documents (invoice, receipt, guarantee) with the vendor.