Hoja de Reclamaciones: How to officially complain in Spain
The Hoja de Reclamaciones is Spain's official complaint form: an officially standardised document that every business – from tradespeople to garages to hotels – must hand over on request if you're unhappy with a service. As a resident in Mallorca, you'll typically come across it with electricity and water bills, mobile phone contracts, garage invoices, or restaurant disputes. In this guide you'll learn who must keep the Hoja on hand, what deadline companies have actually had to respond within since late 2025 (the figure circulating online is outdated), what really happens after you submit it – and why the form is no substitute for going to court, but rather a means of leverage and a piece of evidence.

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What is the Hoja de Reclamaciones – and what is it really for?
The Hoja de Reclamaciones (in Catalan: full de reclamació) is not a court form but an administrative tool. You fill it in at the business, describe the situation and your desired outcome (refund, repair, exchange), and then submit it to the relevant consumer authority – which then examines the case. The form itself is officially standardised across the Balearic Islands: every business, practice and professional service with customer contact must use the same template.
Important for putting this in context: the Hoja does not replace a lawyer or a court. It is primarily proof that you have made a complaint, and a possible trigger for an administrative procedure against the business. Whether you get your money back depends on what happens afterwards – more on that in the section on the limits of the administration.
Who must keep a Hoja de Reclamaciones on hand?
In the Balearic Islands, this is governed by the Decret 46/2009, de 10 de juliol, sobre els fulls de reclamació o de denúncia en matèria de consum, published in the BOIB. It obliges practically every business with customer contact to keep the standardised form in stock and to hand it over free of charge and immediately upon request.
| Who is affected | Specifically |
|---|---|
| Retail, hospitality, hotels | every point of sale with customer contact |
| Trade and service businesses | including garages, cleaning services, freelancers with customer contact |
| Professional practices and firms | including administrators of homeowners' associations (Administradores de Fincas) |
| Energy, water and telecom providers | in addition to the Balearic obligations, the nationwide customer service rules (see below) |
The Decret is remarkably specific in several places, and these details will help you more in a dispute than any general legal explanation:
| Requirement | What Articles 6 and 7 of the Decret 46/2009 require |
|---|---|
| Notice sign | Permanently and clearly visible in the public area or at the entrance, in Catalan and Spanish, stating that complaint forms are available. Additional languages may be added by the business. |
| Size of the sign | At least DIN A4 |
| For online sales or door-to-door sales | The notice must appear on quotes, contract offers or invoices and be visible on the website – in letters at least one centimetre high |
| Handover | Free of charge, by the responsible person or any employee |
| Place of handover | Exactly where you are being served; in large stores at the information or customer service desk |
| What is not allowed | Referring you to another building, an administrative office or head office |
| Off-premises | Anyone who delivers to your home or works at your premises must carry the forms with them |
The one-centimetre requirement and the ban on referring you to head office are the two points where disputes are resolved fastest: both are verifiable, and each violation on its own is already a matter for the consumer authority.
Note: The Hoja is always free of charge for you – Article 7 of the Decret expressly states gratuïtament. No business may make issuing it conditional on a fee or refuse it because the amount in dispute is small.
And if the business simply refuses? The Decret has its own provision for this: if you are refused the form, you may submit your complaint directly and by any other means to the authorities (Article 7, paragraph 4). The refusal therefore doesn't block you – it only worsens the business's position. Note down the date, time, the name of the contact person and, if possible, witnesses.
How to get the Hoja de Reclamaciones – step by step
- First raise the problem directly with the business and give a reasonable opportunity to resolve it.
- If no solution is reached, explicitly request the Hoja de Reclamaciones or the full de reclamació.
- Fill in the form on the spot: personal details, date, precise description of the matter, desired solution. Have the business give you its company details (name, NIF/CIF).
- The form consists of three consecutively numbered sheets (Article 4): the first bears your original signature – and, if the business responds, its signature too – and is the Copy for the management. The two copies go to you and to the business. So remember: the original stays with you until you submit it — it doesn't belong to the business.
- Give the business the opportunity to enter its version on the same sheet. It may also state there that it partially accepts your claim – or that it submits to consumer arbitration. That's exactly the moment when many cases get resolved without involving the authorities.
- Collect evidence: invoices, contracts, photos, screenshots, price lists.
- Submit the original within 20 days – more on that in a moment, as this is the deadline on which most procedures fail.
- Keep all documents until the matter is concluded.
The 20-day deadline on which most procedures fail
This is the point that almost no German-language account mentions – and the reason why completed forms disappear into drawers without anything ever happening.
Article 9 of Decret 46/2009 requires that you submit the original of the completed sheet within a maximum of 20 days after filling it in to the Direcció General de Consum or to the relevant local consumer office (oficina municipal d'informació als consumidors, OMIC for short), provided one exists in your municipality. For a complaint – the denúncia – the same deadline applies under Article 10.
The deadline runs from the day you filled in the form, not from the day of the grievance. So it's short, but the Decret deliberately uses it as a negotiation window:
| Possible within the 20 days | Effect |
|---|---|
| You and the business reach an agreement directly | The agreement is recorded in writing on the form; in that case you no longer need to submit it at all |
| The agreement is broken | Either side may still submit the form afterwards |
| You bring in a consumer association or the OMIC as mediator | Attempt at mediation with the business, without losing your right to submit |
Note: If mediation fails, you still have to submit the complaint yourself to the Direcció General de Consum. The body you brought in does not automatically take care of this for you.
In practical terms, this means: note down the day you fill in the form and the 20th day after it in your calendar straight away. Anyone who waits for a response from the business and lets the deadline pass loses the simple administrative route – not their civil-law claim, but the procedure for which they filled in the form in the first place.
The new response deadline: 15 days instead of one month
This is the point where almost every guide on the internet currently gets it wrong. The basis is Article 21 paragraph 3 of the Real Decreto Legislativo 1/2007, which consolidates consumer and user rights (Texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios). For years, it stated that companies must respond within one month at the latest – this figure comes from the version of the Ley 3/2014 and is still widely copied today.
It is outdated: through the Ley 10/2025, de 26 de diciembre Article 21.3 was amended. Since 28 December 2025 a significantly shorter deadline applies.
| Legal situation | Response deadline | Norm | Valid |
|---|---|---|---|
| Widespread, but outdated | 1 month | RDL 1/2007, Art. 21.3, version of the Ley 3/2014 | until 27.12.2025 |
| Currently applicable | 15 days | RDL 1/2007, Art. 21.3, amended by Ley 10/2025 | since 28.12.2025 |
Attention: If a company tells you they have “one month”, point them to the current version of Article 21.3 – since the end of 2025 the deadline is fifteen days from the submission of your complaint.
What else companies owe you – customer service obligations under Art. 21.2
In addition to the response deadline, Article 21 also obliges companies to maintain ongoing customer service – a point that is particularly relevant for residents with electricity, water, bank, or insurance contracts.
| Company obligation | Specifically |
|---|---|
| Proof of the complaint | Assignment of an identifier (clave identificativa) and written confirmation, also electronic |
| Personal contact | Telephone/electronic customer services must allow for genuine personal contact, not just automation |
| Separation from advertising | Customer service must not be used for advertising purposes |
| Telephone costs | A service number must not be more expensive than an ordinary call; for premium-rate numbers, an equally accessible geographic or mobile number must be offered |
| Free hotline | Mandatory for essential services: water and energy supply, financial services and insurance, postal services, air, rail, bus and long-distance coach travel, as well as health services |
| Access to dispute resolution | If the company does not resolve the complaint satisfactorily, it must facilitate access to an arbitration body notified to the EU Commission |
These rights apply regardless of the Hoja de Reclamaciones – you can invoke them as soon as you have submitted any complaint at all, whether by phone, email or form.
The Balearic particularity: which regulations specifically apply
In the Balearics, in addition to nationwide consumer law, there are two region-specific regulations that govern the procedure and the form itself.
| Regulation | Governs |
|---|---|
| Llei 7/2014, de 23 de juliol, de protecció de les persones consumidores i usuàries de les Illes Balears | Balearic consumer protection statute, basic obligations of businesses |
| Decret 46/2009, de 10 de juliol, sobre els fulls de reclamació o de denúncia en matèria de consum | uniform form template, obligation to keep it available, notice sign |
| RDL 1/2007, Art. 21 | nationwide minimum rights, response deadline, customer service obligations |
Responsible for processing submitted Fulls is the Direcció General de Consum of the Govern de les Illes Balears; in addition, the local consumer offices (OMIC) accept them where they exist.
An exception you should know: Article 2 of the Decret excludes businesses that, due to their own sector-specific regulations, are already required to keep their own official complaints book – there, that model applies, and the Decret only applies in a supplementary manner. If it specifically concerns defects in accommodation, it's therefore worth taking a look at the separate guide on the topic of Complaining about hotel defects.
Also regulated in Article 2 and important for residents: the obligation also applies to providers who sell electronically or by telephone, if they have their registered office or an actual place of management in the Balearics – and it also applies if the goods or service are delivered outside the islands, but the contract was concluded at a business here. Public administrations are excluded, insofar as you pay nothing for the service or only a public-law charge.
What happens after submission? The limits of the administration
This is the point where many people are disappointed – and that's exactly why it belongs in this guide. According to the Carta de Serveis of the Balearic consumer administration, after receiving your complaint, the administration conducts investigations to clarify the facts and initiate a solution.
But: The administration has no authority to force the business named in the complaint to fulfil your claim – that's a matter for the civil courts. If the administration finds that there may have been a breach of consumer law, it can initiate sanction proceedings against the business ex officio. This has a noticeable impact on the business – but it doesn't automatically get you your money back.
Important: The Hoja de Reclamaciones is a means of leverage and a piece of evidence, not an enforceable title. If you want your money back, you additionally need either an amicable settlement with the business, arbitration proceedings, or the civil law route.
Processing times: administration's target values, not a legal entitlement
The Carta de Serveis of the consumer administration states target values against which the authority measures itself. It's important to distinguish this: it is a self-imposed commitment by the administration, not a statutory deadline to which you would have an individual entitlement.
| Procedure | Administration's target value |
|---|---|
| Response to general citizen enquiries | no more than 15 days |
| Complaints and reports (50% of cases) | resolved within 3 months |
| Complaints and reports (80% of cases) | resolved within 6 months |
| Junta Arbitral – cases with mediation | no more than 3 months |
| Junta Arbitral – cases with an arbitration award (laudo) | no more than 6 months |
When filing a complaint, plan realistically for several months if a substantive review is needed – not for a quick decision within a few days.
What options remain afterwards: conciliation, Junta Arbitral, civil court
If the administration has investigated but the business still refuses to fulfil your claim, you generally have three options open to you:
- Out-of-court settlement – often the quickest route, especially if the business cares about its good reputation.
- Junta Arbitral de Consumo – an arbitration procedure that is voluntary for both sides (the business must agree, either in the individual case or because it is already affiliated with the system). If an arbitration award (laudo) is issued, it is binding.
- Civil court – the regular legal route if no agreement is reached and no conciliation is possible. It's often worth getting a lawyer's assessment here, especially for higher amounts in dispute.
The submitted Hoja de Reclamaciones and the administration's decision are valuable pieces of evidence in all three cases.
Typical cases for residents in Mallorca
For German-speaking residents of the island, certain disputes crop up again and again. The following overview puts them into context.
| Case | Special feature |
|---|---|
| Electricity and water billing | According to Art. 21.2, the customer service hotline must be free of charge (basic service of general interest) |
| Phone/internet contract | frequent cases of incorrect billing; combine the Hoja with a written complaint to the provider |
| Tradesperson or workshop invoice | first try to resolve it directly, then the Hoja; see also our guide to Tradespeople in Mallorca |
| Bank and insurance | count among the "basic services" with an obligation to provide a free hotline |
| Flight cancellation/delay | a separate EU regulatory framework for compensation also applies, see our guide to Flight delay compensation |
| Hotel and holiday accommodation | additional responsibility lies with the Consell de Mallorca, see Complaining about hotel defects |
For tradesperson services around the house, it's also worth taking a look at our Directory: House, garden & services, to find a suitable business near you before a dispute even arises.
Most common mistakes
- Settling for the one-month deadline. Since 28 December 2025, the shorter 15-day deadline from Article 21.3 applies – many guides, and even some companies, still cite the old one-month deadline.
- Hoping for an automatic refund. The administration cannot collect money on your behalf; it can only investigate and, where applicable, impose sanctions.
- Not keeping evidence. Without an invoice, contract or photo, it's difficult to prove a case.
- Relying on a draft law. There is an Avantprojecte de llei on Balearic consumer protection in circulation, with stricter rules (such as an obligation to make prior contact). This is a draft, not applicable law – don't rely on it.
- Letting the 20-day deadline lapse. The most common silent mistake: the form is filled in, you wait for a response from the business – and never submit the original. Under Article 9 of Decret 46/2009, the deadline runs from the date of completion, not from the point your patience runs out.
- Submitting the copy instead of the original. The first, signed sheet is the copy intended for the administration; you keep one of the two remaining copies.
- Letting the business refuse to hand over the Hoja without reacting. If a business refuses to hand it over, you can still submit your complaint directly to the administration – and the refusal itself constitutes a separate violation.
Checklist: submitting the Hoja de Reclamaciones correctly
- First ask for clarification directly at the business.
- If unsuccessful, explicitly request the Hoja de Reclamaciones – free of charge, on the spot.
- Fill in the form completely and factually, note the company's details, and ask the business to add its statement on the same sheet.
- Note the date you filled it in and mark the 20th day after that in your calendar.
- Submit the original – the sheet with the original signatures – to the Direcció General de Consum or the OMIC of your municipality, within these 20 days. You keep your copy and the supporting documents.
- If you reach an agreement beforehand: record the agreement in writing on the form – submission is then no longer necessary.
- Set realistic expectations regarding processing time (months, not days).
- If no agreement is reached: consider the Junta Arbitral or the civil law route.
What happens next?
After submission, you will usually receive a confirmation and later a decision from the administration on the outcome of the review. If this does not lead to a satisfactory solution for you, the route via the Junta Arbitral de Consumo or the civil courts remains open. It is important to keep all documents – the Hoja, receipts, correspondence – until the case is finally concluded, as they will serve as evidence in any further proceedings.
Conclusion
The Hoja de Reclamaciones is an effective but limited tool: it forces businesses to engage with your complaint in a documented way and can trigger an administrative procedure, but it does not bring you an automatic refund. Two deadlines determine the outcome, and both are regularly misreported: since 28 December 2025, businesses must respond within 15 days instead of within one month as before – and you yourself have only 20 days to submit the completed original. Anyone who has both dates in their calendar, gathers good evidence, and knows that mediation or the civil law route may ultimately be necessary, is using the tool as intended.
Official sources
- Real Decreto Legislativo 1/2007, Texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios, Art. 21 (consolidated version): https://www.boe.es/buscar/act.php?id=BOE-A-2007-20555
- Decret 46/2009, de 10 de juliol, sobre els fulls de reclamació o de denúncia en matèria de consum (BOIB): http://www.caib.es/eboibfront/pdf/VisPdf?action=VisHistoric&p_any=2009&p_numero=103&p_finpag=11&p_inipag=7&idDocument=625417&lang=es
- Consumer Portal of the Govern de les Illes Balears – Complaint form and information poster: https://www.caib.es/sites/consumidor/es/hoja_de_reclamaciones_y_cartel_informativo
- Consell de Mallorca – Complaints and reports from users of tourist services: https://seu.conselldemallorca.net/es/ficha?key=75387
- Llei 7/2014, de 23 de juliol, de protecció de les persones consumidores i usuàries de les Illes Balears (cited without a link, as no approved URL was available)
- Ley 10/2025, de 26 de diciembre (amending law to Art. 21.3 RDL 1/2007, cited without its own link, see consolidated BOE version above)