1.- PRODUCT SECURITY
The concern of the public authorities to ensure that products placed on the market were safe has led the European Union to issue a directive on general product safety (2001/95 / EC, of December 3) that was transposed into the Spanish legal system through the Real decree 1801/2003, of December 26 on general product safety.
There are two networks of information alert on the safety of non-food products: SIRI at the state level and RAPEX at European level. These networks, which are properly coordinated, allow them to be informed of those dangerous products so that the competent authorities carry out the necessary actions in order to prevent their commercialization. These information networks work bidirectional so that not only through them information about dangerous products from other control authorities is received, but when an authority detects an insecure product, it must be introduced in these systems for generalized knowledge to the other authorities of control.
On the other hand, it should be noted that any manufacturer or marketer who is aware that has introduced an insecure product on the market has the obligation to notify the control authorities for their inclusion in these networks.
Market control activities aimed at defending consumer interests are carried out through the inspection of all types of products and services, with the objective of verifying their adequacy to the regulations applicable in each case, ensuring the transparency of commercial relations.
The consumer inspection controls compliance with the consumer protection regulations through the following actions:
• Inspection campaigns
• Investigation of complaints submitted by consumers
• Actions related to the Alert Network of dangerous products
• Ex officio actions on the initiative of the Consumer Administration itself
2.- AIR TRANSPORTATION
a.- Where can I buy a ticket?
The reservation of a plane ticket can be made in travel agencies, in airlines or through different web pages, but unlike the bus or the train, the ticket is nominative, that is, it can only be used by the owner.
b.- What should I do if the ticket is lost or deteriorated?
In case of loss or deterioration of the ticket, you must notify the company, which will be issued by another, and may charge you for the issuance expenses of the same.
A good option is to opt for those companies and destinations that allow them by electronic ticket mode. In this case, it will be sufficient to prove your identity when arriving at the airport to obtain the boarding pass.
c.- Can I cancel the trip or change the dates?
Depending on the cancellation date and the ticket price, the airline may charge certain percentages if you intend to cancel your ticket.
There are even rates in which cancellation or change of date is not possible; Therefore, it is important that you evaluate this situation before proceeding to purchase the ticket.
Another aspect to take into account is that, in certain round trip fares, if you do not make the out, automatically, you cancel the return.
d.- What is Overbooking?
On occasions, the airline makes more reservations, than the number of airplanes that will make the journey; being able to give the circumstance that a traveler with confirmed place is not admitted to the boarding. This situation is known as Overbooking.
e.- What rights do I have if I am affected by overbooking?
In these cases, the company must first request, as volunteers, to resign their reservation in exchange for certain benefits.
In case they are denied boarding to passengers against their will, the passenger will have the following rights:
• Right to reimbursement or alternative transportation.
a) – Upon reimbursement in seven days, the full cost of the ticket in the price at which it was purchased, corresponding to the part or parts of the trip not made and to the part or parts of the trip carried out, if the flight no longer has reason to be in relation with the passenger’s initial plane of travel, along with, where appropriate.
– A flight back to the first departure point or as quickly as possible;
b) driving to the final destination in comparable transport conditions, as soon as possible, or
c) driving to the final destination, in comparable conditions of transport, at a later date that agrees to the passenger, based on available seats.
• Right to attention
a) sufficient food and refreshments, depending on the time it takes to wait;
b) lodging in a hotel in the cases:
– in which it is necessary to spend one or several nights, or
– in which an additional stay required by the passenger is required;
c) transport between the airport and the place of accommodation (hotel or other).
In addition, two phone calls, telex or fax messages, or e-mails will be offered to passengers free of charge.
• Right to compensation
In addition the carrier must compensate them in the following way:
a) 250 euros for flights of up to 1500 kilometers;
b) 400 euros for all intra-Community flights of more than 1500 kilometers and for all other flights between 1500 and 3500 kilometers;
c) 600 euros for all flights not included in a) or b).
The distance will be determined based on the last destination to which the passenger will arrive late in relation to the planned time due to denied boarding or cancellation.
If it is offered to passengers the possibility to be driven to the final destination in an alternative transport with a difference at the time of arrival with respect to the planned flight initially reserved:
a) not exceeding two hours, for all flights of 1500 kilometers or less, or
b) not exceeding three hours, for all intra-Community flights of more than 1500 kilometers and for all other flights between 1500 and 3500 kilometers, or
c) not exceeding four hours, for all flights not included in a) or b),
The air carrier in charge of conducting the flight may reduce the anticipated compensation by 50%.
f.- What rights do I have canceled my flight?
The affected passengers shall be entitled to compensation by the air carrier unless:
– You are informed of the cancellation at least two weeks in advance of the expected departure time, or
– You are informed of the cancellation in advance of between two weeks and seven days with respect to the expected departure time and they are offered an alternative transport that allows them to leave no more than two hours in advance with respect to the expected departure time and arrive to its final destination with less than four hours delay with respect to the expected arrival time, or
– they are informed of the cancellation less than seven days in advance with respect to the planned departure time and they are offered to take another flight that allows them to leave not more than one hour in advance with respect to the expected time of departure and arrive at their destination ending with less than two hours late with respect to the expected arrival time.
g.- If my flight is delayed, what rights do I have?
If an air carrier in charge of conducting a flight provides for the delay of a flight with respect to the expected departure time:
a) two hours or more in the case of all flights of 1500 kilometers or less, or
b) three hours or more in the case of all intra-Community flights of more than 1500 kilometers and all other flights between 1500 and 3500 kilometers, or
c) four hours or more in the case of all flights not included in letters a) or b),
the carrier will offer in all cases:
• sufficient food and refreshments, depending on the time it takes to wait.
• Two telex phone calls or Fax messages, or emails.
in those cases where the scheduled departure time is the day after the previously announced time:
• lodging in a hotel in the cases:
– in which it is necessary to spend one or several nights, or
– in which an additional stay required by the passenger is necessary.
• Transportation between the airport and the place of accommodation (hotel or other).
when the delay is at least five hours:
• -Reimbursement in seven days, of the full cost of the ticket in the price at which it was purchased, corresponding to the part or parts of the trip not made and to the part or parts of the trip carried out, if the flight no longer has reason to be in relation to the plane of the passenger’s initial trip, together with, where appropriate:
– A flight back to the first starting point as quickly as possible.
h.- Can I change my class?
1. If an air carrier in charge of making a flight accommodates a passenger in a class square higher than that for which the ticket was paid, he will not request any additional payment.
2. If an air carrier in charge of a flight accommodates a passenger in a class square less than that for which the ticket was paid, in seven days, it will reimburse:
a) 30% of the passenger’s ticket price for all flights of 1500 kilometers or less, or
b) 50% of the ticket price for all intra-Community flights of more than 1500 kilometers except flights between the European territory of the member states and the French overseas territories, and for all other flights between 1500 and 3500 kilometers, or
c) 75% of the ticket price for all flights not included in a) or b), including flights between the European territory of the member states and the French overseas territories.
i.- How much luggage can I carry?
Depending on the destination, the maximum baggage limit is limited depending on the weight, or the number of packages. This system sets the maximum number of packages, the weight and the specific dimensions that can be transported for free. If you exceed any of these requirements (number of packages, weight per package, dimensions of each package), excess baggage will be considered.
Each airline applies a baggage allowance according to the weight system or parts, depending on the origin and destination of your flight.
If you fly in connection with another airline, check the franchise that allows this combination, as it may vary with respect to the first application.
Air lines must indicate the maximum weight that can be transported free of charge. If this peso is exceeded, an economic penalty must be paid that will depend on the destination where you travel and the amount that exceeds your tax exemption.
j.- How much do you pay for excess baggage?
The airlines will establish the economic amount to pay for each Kg. of excess baggage.
k.- What should I do if I have a problem with my luggage?
The airline is responsible for the damages caused to baggage during transportation.
It is essential in the event of an incident with the checked baggage (destruction, loss, deterioration or delay) immediately go to the airline counter or his hadling agent, in order to make the corresponding protest in writing at that time, completing the printed form Part of the Irregularity of Baggage (PIR).
The liability of the carrier in the case of destruction, loss, breakdown or delay of luggage, is limited to 1000 special drawing rights (approximately 1100 euros) per passenger, unless the passenger has made the carrier, when billed luggage is issued, a special declaration of value.
l.- Can I transport any dangerous item?
For security reasons, objects such as scissors, knives and all kinds of sharp elements are prohibited for aircraft. These objects must be billed in baggage, never carry them in bulk. Likewise, passengers should not carry with them, or as baggage, dangerous merchandise.
m.- What can I carry as hand luggage?
Depending on each airline, the origin or destination of the flight and even the class in which you travel, there will be certain limitations as to the measures and the weight of hand luggage.
– Keep the ticket.
– Check the time limit for acceptance of the flight, which varies depending on the airlines and the destination.
– Keep the boarding pass and billing receipt.
– In case of doubt, on the conditions of each rate, go to the airline or travel agency. Also, check the luggage franchise you are entitled to.
a.- A telephone company registered me without having signed any type of contract, what can I do?
You must send the trustworthy communication to the company, in order to clarify this discharge without consent.
In the event that, upon receipt of said communication by the company, they do not meet your request, you can file a claim against the company in any consumer office.
In the event that the operator sends a copy of the contract, but the signature that appears in it is false, he should go to file a complaint before the competent Court or the Police.
b.- How should I unsubscribe from the telephone services I have contracted?
In the first place, you should verify that the contract you have signed establishes in any of your clauses the manner provided for requesting the cancellation of the services.
If the aforementioned clause does not exist, and for greater security, the owner of the service should send the trustworthy communication to the operator notifying his will to cause the loss.
If the company continues to issue invoices for the service, it could file a complaint with any consumer office.
c.- The operator that provides me with access to the Internet does not provide me with the service under the conditions agreed (I do not apply the offered rates, I can not access the promised speed, I suffer from constant connection cuts …), What can I do?
You can require them in a reliable way so that they meet the conditions that you have offered. If still, the problems continued, it could request the definitive cancellation of the service without any type of penalty (although there was, by contract, a minimum period of stay, which if not fulfilled would lead to an economic penalty).
d.- In my telephone bill, calls are made to additional rate numbers.
In the first place, you can request the disconnection of these numbers from your telephone line, simply by communicating it to your operator.
When the invoice for these concepts is already issued, you could stop paying the part of this corresponding to the additional fee services, without this causing the cut of the telephone service. To do this, the amount corresponding to this series of calls must be analyzed in the invoice so that the calculation is correct.
In the event that the invoice had already been paid, you could request the return of the part corresponding to these services (which the service provider considers borrowed even if they were never requested) presenting a claim before the consumer arbitration boards.
e.- I have long been requesting the installation of a telephone line in my new address and I still do not have it.
The maximum deadline for installing new telephone lines (Basic service: landline, fax and functional internet connection) is 60 days. If they were not installed in that period, they must file a complaint with the State Secretariat for Telecommunications and the Information Society, the competent body in this field.
a.- What information should I provide to the builder when I buy a house?
According to R.D. 515/1989 of April 21, the builder must provide a series of information about the property he plans to acquire, such as: description of the property (useful surface and description of the building in which it is located); memory of qualities (exhaustive and including reference to the thermal and acoustic insulation used); housing plans and their location; traces of electrical networks, gas and water; total price and form of payment.
b.- I bought a flat-rate housing and I must deliver amounts to the account, how are these amounts secured?
The developer-promoter must provide a bank guarantee or insurance policy on the amounts it receives during the construction process without the need for additional disbursement.
c.- The builder does not give me the property sold on the flat within the term set in the purchase document, can I claim any kind of compensation?
In this case there would be breach of contract and the document of purchase and sale would have to be examined, checking if there is a criminal clause when this circumstance occurs.
If it does not exist, it would have to negotiate with the other party compensation for this delay in the delivery of the house and of not reaching an agreement, go to the ordinary Courts requesting compensation.
d.- Belts begin to appear in the house that I recently bought, can I claim?
In this matter, the first thing to determine would be the applicable legislation.
If the work licence under which the house in question was built prior to May 6, 2000, all defects that are manifested over 10 years would be guaranteed by the builder.
If the work licence was later than that date, the guarantee period would be different depending on the defect in question (1, 3 or 10 years).
When there is a guarantee in force, you must notify the builder of the defects that have arisen, so that it may be corrected. If you do not meet this requirement, you may file a claim at any consumer office or before the competent Court.
5 Have you requested any changes to the housing that I bought on the plane, how do I specify them?
According to art. 10 of the R.D. 515/1989 of April 21: “The reforms proposed by the purchasers will also be subject to documental formalization that will contain a brief description of their content and specific repercussions that derive from the price and delivery period agreed upon”
Consult via telephone: 900 23 11 23 (Freephone, Monday to Friday from 09:00 a.m. to 2:00 p.m.)
Consult via web: [Click here to consult the Galician Institute of Consumer Affairs]