Consumer rights

Consumer rights in Spain are covered by Ley 23/2003, de 10 de julio, de Garantias en la Venta de Bienes de Consumo.

EU law allows for a full 2 year guarantee on most products purchased, and for buyers to revoke the sales contract without penalty within the first fortnight without even having to give a reason. The rules require stores to give a refund within 30 days. After the first seven days, customers have the right to exchange or refund only if the item is defective or is not “fit for purpose” (e.g. not as described). An item may well not be accepted as “defective” if it becomes faulty after the first year (this is an increase from the six months which applied prior to March 2018). See the EU’s own details HERE of how these rules apply, and what exceptions exist.

Despite the foregoing, Spanish law itself does not provide an automatic right to a refund, and it is likely to be an arduous process to insist on the application of EU law. The practical reality, therefore, is that although many shops will offer a full refund in line with EU rules, smaller ones may not. The most important point to bear in mind is that store policy must be clearly displayed so that it can be checked at the point of purchase. This will usually be in the sales point. Any refunds that are given will be by the same method as payment was made.

These rights do not apply to:

  • products subject to price fluctuations that the seller cannot control
  • products that have been personalized, e.g. jewellery
  • products such as CDs, DVDs, or software which have been opened

If you feel that you have not been treated appropriately by an establishment providing goods or services, you are entitled by law to make a complaint using a complaints book. You will need to ask for “Hojas de Reclamaciones”, and the resistance you will meet will show immediately how seriously the system is taken! There is a legal requirement for all establishments to have a specific complaints book available, and the forms give consumers the means of making their complaint in the establishment itself. Depending on the nature of the complaint, filling out the form will initiate an investigation to determine whether any punishment is needed, and what it should be.

You need to be aware that you have the absolute right to one of these forms, and moreover, the business has the legal obligation to have a notice, clearly visible, that they are available. You should not accept any excuse for not handing one over on demand: shops refuse with a range of “reasons”, including that you haven’t bought anything, or the manager is not there and s/he’s the only one authorised to issue one, the forms are kept elsewhere or they ran out of them yesterday. There is no reason imaginable that is not a direct lie or an offence in its own right. If you meet with a blank refusal to supply the book, you can present a complaint in whichever manner is considered most appropriate (this can even include calling or going to the police), and should include in the complaint the fact that the hojas de reclamaciones were not available or were refused.

The hojas de reclamaciones will be in Spanish and English, and you can write your complaint in either. They will be numbered and in sets comprising a white sheet (for administrative purposes), a pink sheet (for the establishment you’re complaining about) and a green sheet (for you). The establishment must complete the identification details. When filling out the form, you should state your name, address, and ID number or passport, and fill in all the relevant fields in the form, stating clearly the reasons for your complaint, and the date on which you’re making it.

Once the form has been completed, it should be signed by the establishment, which can also fill in the relevant boxes with comments it considers appropriate. You then retain the green copy for your own records, the business keeps the pink copy to provide to the inspector, and you send the top white copy to the local consumer authorities within one month with any appropriate proofs or documents, especially receipts if the complaint concerns prices, which should be attached to it.

The consumer authority should acknowledge receipt of the hoja de reclamaciones within 15 working days of receipt. It will then notify the establishment of the complaint, and allow them 10 working days to reply. Proceedings will be initiated, if and as appropriate, and you will be notified of its decision.

In addition to this procedure, you can also make a separate complaint direct to a consumer office called an “Oficina Municipal de Información al Consumidor” (OMIC). There is a list HERE of the offices, just click on the relevant municipality. Most councils also have a form that can be completed and sent in. These need to be posted in or delivered because the original is required, so it’s difficult to do this online at present. Adeje’s can be downloaded HERE. (Please note that unlike the hojas, these council forms can currently only be completed in Spanish – if anyone is in real need I’m happy to help translate a text from English into Spanish for the form).

Consumers are protected both by Spanish and EU legislation. EU legislation on Sale of consumer goods and associated guarantees is summarised HERE. The Spanish law that covers consumer protection is the Ley de Defensa de Consumidores y Usuarios – HERE (this law is constantly being updated).

 

86 Comments

  1. Very clear and useful. Thanks!

  2. Thank you very much for being here, problem in Lanzarote, was told there was no consumer protection by shopkeeper, BUT there are as above, so stand your ground and do as Janet suggests, do not be Brow Beaten as I was in Electrical store, my advise would be after my costly experience, Avoid, or be completely sure before you buy, because they will break all the rules.

  3. We bought an aircon machine which is not working- The company keep saying it is working? But it is not ?

    What do we do ?

  4. Author

    You will need to make a complaint at your local consumer office, or demand the complaints book in the shop.

  5. Please can you supply the address for the consumer office for Tenerife South.

  6. Author

    There is more than one. Just click on the link in the last but one paragraph above, and then click on the relevant municipality.

  7. Having trouble with Philips in Granollers. Bought a tv which stopped working after six weeks. Philips want us to drive to Granollers to deliver it for repair. We naturally want a refund or at least for them to collect and repair it. What can we do?

  8. Author

    You need to see your local consumer affairs office in Catalonia.

  9. made a complaint against an estate agent for bad management in which I won and now he has to pay a fine, Unfortunately, he still is acting in an unprofessional manner e.g. he won’t reply to my messages asking if he can prove that he has registered my deposit with the local Xunta in Galicia.
    This is how acted before completely ignoring me and my requests, resulting in a fine.
    Simply want to know, can I do another complaint form against him even though the judgement from the previous one was made only a month ago.

    thanks

  10. Author

    no, you have to return to the Court which issued the fine, as far as I’m aware. Bear in mind that Galicia is an autonomous region of Spain and may have regional laws which differ to those applicable in the Canaries. You should also always seek qualified professional advice from a lawyer in legal matters.

  11. I am in the process of making a complaint to a retailer who sold me a washing machine that has been faulty since purchase and that the engineer has been unable to fix. The engineer has now refused to make any more visits to the house and the retailer refuses to let me complete the Hojas de Reclamaciones, saying that it is Samsung’s problem, not his. I don’t yet have any outcome but your pages have given me the help (and courage!) to have another go. Thank you so much.

  12. Author

    The retailer cannot refuse to let you complete the Hojas de Reclamaciones. Go to your local consumer association and denounce them because it’s an offence to refuse to supply them on demand.

  13. My son was staying at Ponderosa Apart Hotel for 14 days and lost his key to the safe, he’s been charged 100 euro for the replacement, I’ve tried contacting the hotel but the email link doesn’t work, how can I lodge a complaint and take this further?

  14. Author

    I would start with the insurance company because it’s an incident that has resulted in a financial loss. They at least will be able to advise your options from the UK end.

  15. I am no longer in tenerife but will be back in September. I have sent an email complaint to cicar for issues at beginning of month and after 4 weeks and 2 emails sent have still had no reply. Is there any way I can get it further or am I able to fill a complaint in when go in September all backdated with hojas de reclamaciones?

  16. Author

    I don’t know what you could do until you get back, I’m afraid, but see no reason that you couldn’t make a complaint at that point.

  17. Janet having read your page I would like to say thank you however the law you quote in the beginning on all pages i have visited since say it has been repealed. If this is the case what is the state of affairs regarding refunds for faulty goods under 7 days after purchase. I appreciate I can go down the route of Hojas de Reclamacione even if this is going to take time. Also what are the chances of refunds then bearing in mind the business could just ignore any action taken

  18. Author

    Consumer laws are constantly being updated – the most recent update was in 2007 – HERE. It’s the same basic law, though, and apart from any specific legislative measures, consumer protections are in any case governed by the Codigo Civil itself. Any business reported through the hojas cannot just ignore any action: the hojas trigger an investigation, and the investigators have considerable power, including to fine and even close down businesses on both a temporary and, if necessary, a permanent basis.

  19. was a Hotel casa del sol in puerto dela cruz. seen loads of trip madvizor posts re cold hot food but had experienced it ourselves. it was only on our third complaint to reception that we were told of the com[plaints forms. we did fill them in with the help of the receptionist who told us it was a learning thing for him as it was the first ever time the forms had been used. incidentally, there is no notice anywhere in the hotel about the complaints book. the forms were filled in on 30th September2016 and we have had no acknowledgement of our complaint. we were only given the green form but I read that we should have had the white one to send off to the consumer authoroties. do I send the green one or copy of it as I doubt if the hotel would have sent it.?

  20. Author

    Don’t send off the green form, it is your copy. You should have been given the white one to send off yourself, and a sign saying the forms were available should have been prominently visible. I would take your form, and the information, to your local consumer office and ask them to assist.

  21. Thanks for the information. Does this apply for dentalclinics as well?
    Kind regards
    Bente

  22. Author

    The above applies to commercial establishments. It doesn’t apply to medical ones. I don’t know how dentists are defined, but I suspect they’re not “commercial”. You will need to ask your municipal consumer office.

  23. For dentists/dental clinics one can complain directly to the Colegio Oficial de Dentistas de Santa Cruz de Tenerife – Colegio Oficial de Dentistas de Santa Cruz de Tenerife: 922 53 40 30. C/ Imeldo Serís nº 57, 1º- Santa Cruz de Tenerife. They have a standard form, indicating against whom the complaint is directed. You may attach photocopied documents to the claim (reports, budgets, invoices).

    https://www.dentef.es/servicios/padican

  24. Author

    That is great, Francesca, thank you very much!

  25. Does this form apply to purchases made online too

  26. Author

    I don’t believe so because they are forms required to be kept in a physical establishment. I think the first port of call for consumer complaints about online service is an OMIC local to the buyer.

  27. i purchased aTV from Media MARKT 3montha ago and it has stopped working, i have just found out this fault is common with this tv,i phoned media and was told to contact the insurance repaires can i change this set for a different make?,

  28. Author

    No, as far as I’m aware you have to accept the repair at this stage, or take it up with the manufacturer. You could (and should, really) double check this with your local OMIC to be sure that all your rights are covered.

  29. Hi Janet, I recently used xxx to move household items from Tenerife to Uk, they advertise on their site that all items are covered by their insurance with Zurich, and they confirmed this verbally, mainly due to bad handling (throwing boxes on arrival) we have over £350 worth of broken pictures, crockery etc, they said they would check with their insurance but now after chasing them for nearly 3 months they are no longer responding, or answering any queries, we have no further information, as I am not there how can I report them/ or make a claim or complaint, and can I get someone else to help me with it who is there ? I also am. To sure who I would report them to as I’m. It sure what this type of service comes under ? Any info would be very much appreciated. Many thanks, Carolyn

  30. Author

    In your position I would engage a lawyer to contact them and discuss the matter with them and their insurers, or whichever other avenue could be more appropriate. Lawyers here will be able to deal with you by email, at least in the first instance, and take instruction to act on your behalf. (I’ve edited out the name because it’s my policy not to allow businesses to be identified in complaints).

  31. I bought a watch in Playa de las Americas. Stopped 5 days later (now that I’m home).
    Clearly battery was almost flat. Of course, it’s one of those that needs to go to a service centre or warranty voided. Centre in England, I in NI …….
    Have mailed shop twice twice – no reply so far.
    How does complaint book apply to me? Do they have to have an on-line form ???

  32. Author

    If it was Adeje you might have a chance, because as I explain above you can download Adeje’s complaint form (complaint to the council, not at ths shop) though it would still need to be posted in. As far as I’m aware Arona hasn’t made its form available in this way. Otherwise I’m afraid the complaints need to be done in person here. Sadly, so many of these electrical shops are disastrous in this respect that it really is safer not to buy electrical goods of any sort in the tourist areas.

  33. If they are indeed authorized to sell Ferrari merchandise (for that’s what it was; very much bottom of the range I must admit ) I’ll go down the route of naming and shaming them to that organization.

    Even if I end up unsatisfied, they might suffer to some degree ……

  34. Hi i have just bought a second hand car delivered 14 december . The car is not as described and faulty . It was from a dealer nesr alicante . What are my rights to return this car or get a refund . Have contacted the dealer anf was initially offered 1100 euros compensation . This amount was mot acceptable what are my rights if any

  35. Author

    If you bought from a dealer the vehicle should be guaranteed, though this does not mean you have the right just to return it. Certainly it should be covered for repairs. Since you’ve complained and are not happy with the response from the dealer, I’d suggest going to a local council consumer association (OMIC) in the Alicante area and letting them take up the case.

  36. I am in Africa and feel have been cheated by a Spanish Tourism Safari operator (agent) This agent approached me asking me to provide a safari service which I did and they have further sold my services to a Spanish client who has travelled to Africa and consumed my services and then failed to make full payment but promised to pay balance upon returning to Spain, after providing me with fake contact details I accepted to allow him to depart from my facility without paying.

    I have been prejudiced in excess of US$14,000 by both the (agent) Spanish Safari operator and his client who have failed to pay me 3 months after consuming services. The agent now refuses to give me contact details of the consumer for me to follow up and I suspect that he has collected payment from the client and now they refuse to pay me. I have the agents website and contact details, I have the clients passport details and address but not his telephone or email address as he gave me false email address.

    Can you direct me to the correct office to lodge my complaint.

  37. Author

    I’m afraid I can’t. This isn’t just outside the Canaries, it’s outside Spain, indeed outside Europe. I’m sorry but I can’t help.

  38. Does all this apply to the supply of TV? I signed a 12 month contract but now have to cancel after 2 months, I have asked them to waive the termination fee due to the amount of complaints I have lodged re. Poor reception and poor quality TV. They have responded to the complaints with ‘we’ll get back to you’ but I have been unable to watch a whole football match without interruption not to mention other TV. And on occasion have turned off because it has become unwatchable.

  39. Author

    I don’t know, I’m afraid, this is something you’ll need to check with your local OMIC (council consumer rights office).

  40. I had a kitchen fitted in March 2016. 3 of the cabinets have started to warp, and some of the drawers the vinyl is starting to come away. The builder told us at the time the reason he used a certain kitchen company was because they did not have a shop so could supply every thing cheaper than a shop as they do not have any overheads. I have had the kitchen company back and they have advised the reason for the warped cupboards is due to steam, advised we always open the window when cooking and have the fan workingon top of the hob. The buolder is back in the kitchen fitter, and said as we only paid 2500 euros the cupboards what Sid we expect. What do I do. Thank You

  41. Author

    As it says above, go to your local OMIC. There is a link above for you to find your nearest one.

  42. Hi would I need to complete a complaints form first or do I go straight to our local OMIC thank you

  43. Author

    you can go to the OMIC without completing a complaints form, though before going I personally would try to fill out a complaints form first. That way, if the business refuses you the form, or makes some excuse as to why they can’t comply with the law to give you the book there and then, you can add that to your complaint to OMIC.

  44. I am trying to get some info on how to take action against an electronics shop in Tenerife and came across this web site which gives most of the answers.I have established from the office in Adeje that I can lodge a complaint but am unable to download the necessary form. I will ask the Adeje office if they can email one but if they cannot not does anyone know a solution?

  45. Author

    Perhaps your viewing on a tablet? Anyway, I’ve downloaded the form and will email it to the address you used to register on this site.

  46. Bought a washing machine from Worten Adeje April last year and used it for 2 weeks, went back to UK and returned to Tenerife in December, used the machine for a week and it broke down with a fault code showing, called in to Worten to report fault and they telephoned engineer, he came out a couple of days later, couldn’t fix it as he needed parts, he returned 3 days later and replaced the heater and main computer board, charged 22 euros call out (which we had to pay) used the machine for 1 day then went back to UK. returned to Tenerife 2 weeks ago and machine is vibrating and making noises when used, loud enough for the neighbours to complain, reported this to Worten and said we wanted a replacement as in total the machine has only been used for 4 weeks, but they are insisting an engineer comes out again, what can we do?

  47. Author

    At least part of the problem will be that the first time there was a problem was more than six months after purchase. Any machine that shows a fault within six months is usually considered to be faulty at point sale. Some stores will offer refunds, many will offer exchange, others will insist on repair, but within six months you are in a far stronger position. After six months, I believe the onus shifts on the buyer to show the problem predated six months, though of course the machine will be guaranteed (for repairs) up to two years. It might be best if you call into the Adeje OMIC (on the corner above the post office at the bottom of Adeje Calle Grande) where they might be able to help.

  48. We live in torreveija. We recently ordered and paid for a bed, which the shop said would be delivered the next week. When it came the men wanted more money, which we refused as we had paid total in shop, then they said that they would not install the bed over the balcony (as the stairs have two turns and any large items have to be lifTed over the balcony which we have never had a problem with before) as we would not pay the extra the men put the goods back in the van and left.
    We later found out that the lady in the shop had made an error.
    We went to the shop and requested that we wanted one money back, as they would not install the bed, they suggested cutting the Base in half , so it would go up the stairs , then put it back together, which was totally unacceptable. We have had several conversation s, with no joy of gettingredients our money back. What are my rights

  49. Author

    you need to see your local council’s consumer association on the mainland.

  50. Hello
    I am in a very stressed place following a dental procedure with a dentist in los cristionas.
    I had a full bridge fitted in my upper mouth. It turned out to have many problems which were instantly visible.
    I complained to my dentist about the many problems I experienced and since I was leaving tenerife at that time and coming back 3 months later he suggested putting in a temporary cement and said he would do the necessary adjustments when I returned.
    The story was very different he now wants to do a repair and take out the front teeth and replace bridge with three sections where he had fitted one piece.
    I asked him to put in writing that the repair would last the same length of time and provide the same good
    result and he refused and said that was all he would offer.
    When he refused I said I was not leaving the practice until I got this in writing. He said he would call the police if I did not leave. He immediately called the police and I left politely as I saw no purpose in making a case to police who did not have much English.
    I have now paid €8700 and have a very unsatisfactory product. My front teeth protrude and prevent my lip at the right side from lifting as normal. I have a very crooked smile. The teeth have other problems, the ones on the left are much longer than the right side. The left is leaning on the gum, where I have no tooth. I have continuous ulcers and pinched areas from these teeth.
    Please help. Teresa

    .

  51. Author

    You could denounce to the Colegio de dentistas (their website is HERE), but my own recommendation would be to engage a lawyer to intercede for you, perhaps in the first instance with the clinic itself.

  52. I recently bought a pair of trousers in a local store in tenerife. I wore it and now my pockets have ripped after few days. I went to the shop and they didn’t agree to exchange or refund because it has been worn. Does it help if I ask them the complain sheet???

  53. Author

    yes, ask for the complaints book and then you can record your claim that the product was not fit for the purpose. If they refuse you the book they are committing an offence.

  54. Who do I contact to complain about a woman who misrepresents apartments she rents in Playa Las Americas. She sends photos of a luxury apartment you have paid for but on arrival it is a different apartment of very poor standard. Is there an official tourist complaints office?

  55. Author

    This isn’t a tourism standards issue, but one of fraud. Denounce to the National police.

  56. I ordered a small electrical item from a Spanish website on July 18th 2017. I got a receipt to say the order had been completed and payment had been received. I heard nothing for several weeks, although I sent emails and internal messages asking for an update. I sent messages on Facebook and they said initially they could not trace receipt of payment so i sent details. They told me to ring them and I did but I explained that I don’t speak much Spanish and they spoke far too quickly for me to understand what they were saying. I have written again several times on Facebook but received no reply. Can I ask my bank to reclaim my money, please? It is not a large amount of money but I don’t see how they can keep my money if they do not intend to deliver my goods and won’t tell me what the problem is?

  57. Author

    I don’t know, to be honest, you will need to check with your bank what’s possible under the terms of the card you used.

  58. Thank you for your info.
    I live in Lanzarote.
    Recently I was on holiday in La Palma and purchased a large vase for my front room.
    Due to the size the shop agreed to have it sent to lanzarote and would arrange shipping at my cost.
    When it arrived I opened the box infront of the delivery man and the vase was broken in half. He actually signed on our receipt agreeing it was broken on delivery.
    The shop in La Palma have been contacted but state that it is nothing to do with them and the couriers are to blame. What can I do please?

  59. Author

    You will need to take it up with your local consumer office in Lanzarote to see what they suggest.

  60. Janet do you know if its legal in a shop to add a charge when paying by credit card first time someone has tried to do so in the 15 years ive been coming to Tenerife.

  61. Author

    I don’t know, David, but I would have thought it “legal” as long as they informed you somehow before the charge was taken. Whether “ethical” or not is a different matter …

  62. janet i have two weeks time share in palm beach so now i got a bill for a 1000 euro for the 2 weeks. can they sue me if i i gove them back or tell them i do not want them any more

  63. Author

    I’m sorry but I can’t advise about timeshare, I simply don’t know enough about it.

  64. Hi my son lives in Tenerife how does he go about complaining about his sons nursery being understaffed

  65. Author

    He needs to speak first to his local council.

  66. During my stay at Puerto de la Cruz I came to the “Media Digital” shop (Santo Doming street No. 3). They suggest me to buy Nicon Coolpix A10 camera. True price of this camera is about 30 euro but they sold it to me or 220 euro! It was on December 29, 2017. When I came back (after about one hour) to this shop to revoke the sales contract, they didn’t agree. I came to the local police office very near this shop. When I explained my problem to a policeman he told me that he speaks only Spanish! A policeman in a town full of international tourists speaks only Spanish! Funny, isn’t?
    Could you suggest me what can I do in such a situation? I couldn’t find any link to local government. How should I proceed?

  67. Author

    There is a link in the post above for local government. Click on it for the list of OMICs and you will see that there is one for Puerto de la Cruz. Apart from contacting them, you could return to the shop and demand the complaints book, as described above. The alternative will be a private action via a lawyer.

  68. Thank you for your reply. Unfortunately, I’ve returned from Tenerife one month ago so it is not possible to return to the shop. The more so because the seller said that there is no obligation to return the goods!

  69. Author

    Sadly it is very difficult to do something once one’s returned home.

  70. Hi Janet, I have ordered some goods from USA (approx€130) Now I am worried that I will have to pay almost as much again in taxes/duties when my parcel arrives. Do you have any info on this? Thanks

  71. Author

    no I’m sorry I don’t. Apologies.

  72. The rules changed a while ago and you do not pay import duties on items with a value of less than €150. This is true for items from Europe, I don’t know if it is the same for the USA. If the shipper has not put a customs declaration and the recipients NIE on the outside of the package it will be retained by customs until these are provided. Correos will put a note through your door and you can send the details by E-mail to get your package deliver. Guess how I know this.

  73. Hi Janet how do these laws act in contracts with spanish internet providers, in my case my internet provider has constantly not delivered the internet service with internet outages for up to a month. The service is not fit for purpose and I want to switch to a more reliable company. The present supplier has a 24 month contract.

  74. Author

    If you click the link in the first paragraph it takes you to the EU consumer rights site. One link in their left-hand menu is to THIS page which deals specifically with internet and telecoms rights. Beyond that you will need to ask in the consumer office of your council where they’re specialists in specifically Spanish consumer rights.

  75. Hi Janet,

    We are staying at our hotel in Los Cristianos which is managed by Excel Hotels & Resorts group. The group have handed a new contract to a company to manage their sales and marketing and have taken over from Silverpoint. Since we arrived we have been knocked up twice by one of their reps when the do not disturb was on the door asking us to go down to their office and was pushing to book an appointment which we advised we would be returning in June and we would arrange and appointment then.

    The rep was very pushy trying to get us to secure a time and date which we again refused. We then had a phone call from a different lady this morning again trying to arrange an appointment which we advised this is the third time we have been asked and declined. Although I appreciate they have a job to do and respect this, but I feel that their practices and harassment is a little too much. Would this be covered under the complaints procedure under the Hoja de Reclamaciones on the way they are harassing us under their type of working practices?

    Thanks in advance.

  76. Author

    Ask for the book and make the complaint, and it will then be down to the consumer inspectors to determine whether it was reasonable or not. To some extent it will depend on the terms under which you are staying at the “hotel” … which sounds like a timeshare resort from what you’re saying.

  77. Hi Janet
    I purchased a large curved Tv from media mart in Lorca in July 2016 it now has a fault ( dark shadow) going down the centre should I return it to the shop? I have the original receipt and I paid on my English credit card , I do not however have the original box and packaging, is it still possible to return it under the 2 year guarantee ?
    Many Thanks
    Maggie

  78. Author

    yes, it’s within two years and customers are not required to take things back in the box.

  79. Hi im having a swimming pool built but unhappy with some of the work also asked for certains items to be fitted installed ie a dolfin pattern of the floor and the wrong one was fitted also lights on the steps and none fitted was promised 3-4 weeks and now dragging on however i have paid 90% of the costs to date they got another contractor to do the works as he was meant to have a larger team and could do the job quicker started out this way but slowed down as i keep picking fault with odd things is there anything i can do as paid a lot in cash and have no receipt or do i have to just live with it and it will be finished whenever it it

  80. Author

    well you can always take action but your case would be severely undermined by having paid much in cash and having no receipt, so proving anything would be problematic. In addition, taking private legal action, which would itself be costly, could leave you with an unfinished pool for years because the work could be paralysed while the Courts took their interminable course to hear and judge the case.

    Another point to consider is that although I don’t know how much you’re talking about it hasn’t been legal for cash payments over €2,500 to be made to businesses for six years or so, and both business and customer are held legally liable for what is deemed to be tax evasion, so you could face potential problems there as well (see HERE). I’m afraid that I don’t see that you have too many options really.

  81. I think the limit reduced to €1000 in December 2016.

  82. Author

    yes you’re quite right, Stewart, that there was talk of this but I can’t find any evidence that it went beyond the proposal stage. All the qualified information I’m able to find suggests the limit still remains at €2,500. Indeed THIS is still the official word from the tax authorities:

    no podrán pagarse en efectivo las operaciones, en las que alguna de las partes intervinientes actúe en calidad de empresario o profesional, con un importe igual o superior a 2.500 euros o su contravalor en moneda extranjera.

    (It’s set at €15,000 for fiscal non-residents)

  83. how to complain about an electrical tablet scam in Tenerife playa de colon

  84. Author

    Your question is not related to complexes/communities so I’ve moved it to the right page – it’s all explained above.

  85. On Villa holiday using UK company who have local office here. Asked for complaints book but told that they operate under UK law and are not a Spanish business so don’t have a complaints book which would be seen by local consumer office. They tell me that only Spanish business is to pay local employees etc.

    Can this be right?

  86. Author

    no it’s not right! Any property rented out to holidaymakers must be touristic – or if residential, then registered under the VV decree system (see first link below). Either way, there would be a complaints book. If there isn’t one then it’s probably an illegal let.

    As to UK law applying, the property is in Spain and so covered by Spanish law even if operated by a UK business. Any foreign business, including a British one, can obviously operate in Spain, and the running of the businesses will be governed by the relevant national laws, but that doesn’t mean that a company operating here can break the law here! Businesses, wherever they are based, still have to abide by the law in the country where they are operating, and if you have a holiday let in a villa that is not legally touristic they are not doing so.

    You might find these links helpful:

    Letting a property in Tenerife

    FAQ on Illegal Letting

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