Trans Fast Financial Services, S.A. EP., informs you about the Alternative Dispute Resolution Procedure.
As a user of the money transfer service, you have at your disposal the possibility of alternative dispute resolution as a result of a complaint about the service provided.
To do this, certain requirements must be met:
1. The parties may submit their claims, as well as any documentation required, online or offline. In the event that it is not possible for the parties to use electronic means, Banco de España must make it possible for them to be submitted by any other means that allows the identification of the claimant.
2. As soon as the Banco de España to which a complaint has been lodged receives all the documentation with the relevant information in relation to the complaint, after correcting it where appropriate, it shall immediately notify the parties, indicating, by any means that allows it to be recorded, the date on which said complete receipt took place.
INADMISSIBILITY FOR PROCESSING:
1. Trans Fast has established in its regulations the causes for which a claim may be inadmissible, and inadmissibility is not possible for reasons other than those indicated below:
a) If the client has not previously contacted Trans Fast to try to resolve the matter or does not prove that they have attempted to communicate with it. In any case, the claim must be admitted if more than one month has elapsed since the customer submitted the claim to the Entity and the customer has not communicated its resolution.
b) If the complaint is manifestly unfounded or the rights and legitimate interests of the client are not affected.
c) If the content of the complaint is vexatious.
d) If the dispute has been resolved or brought before an accredited entity other than the Bank of Spain or before a court.
e) If the customer submits the complaint to the Bank of Spain more than one year after the complaint was lodged with Trans Fast, its network of agents or its customer service.
f) If, in the case of a procedure with a binding result for the client, the dispute raised concerns intoxication, injury, death or there are reasonable indications of a crime, including liability for damages directly derived from them.
2. The establishment of the grounds for the inadmissibility of a complaint by the Bank of Spain shall be made taking into account the characteristics of the complaints and the type of Trans Fast contracts, and in no case may it impair customers’ access to the alternative dispute resolution procedure in consumer matters.
3. The inadmissibility of a complaint must be notified to the complainant within a maximum period of twenty-one calendar days from receipt of the complaint file, in which case it is considered that the intended purpose of guaranteeing consumers in the European Union access to alternative dispute resolution in consumer matters has been fulfilled.
DURATION OF THE PROCEDURE:
The result of the procedure must be made known to the parties within a maximum period of ninety calendar days from the date of submission of the claim or, where appropriate, from the date on which it is recorded on a durable medium that the complete and necessary documentation has been received to process the procedure.
The European Consumer Centre and the public administrations with competence in consumer protection matters shall provide links between their websites and the website or websites of the European Commission containing the consolidated list of entities accredited and notified by the different Member States.
You can consult the following link:
https://ec.europa.eu/info/business-economy-euro/banking-and-finance/servizi-finanziari-ai-consumatori-e-pagamenti/consumer-financial-services/financial-dispute-resolution-network-fin-net/fin-net-network/about-fin-net_es
Or through the Market Conduct and Complaints Department – Banco de España
Email: conducta.mercado@bde.es
Web: https://www.bde.es/bde/es/secciones/servicios/Particulares_y_e/Servicio_de_Recl/
Definitions:
National consumer dispute: litigation of a contractual nature arising from a contract for the sale or provision of services in which at the time of placing the order the consumer and the entrepreneur have their residence and establishment in Spain.
Cross-border consumer dispute: dispute of a contractual nature arising from a contract for the sale or provision of services in which the consumer, at the time of placing the order order, is resident in a Member State of the European Union other than that in which the entrepreneur is established.
Regulations:
Law 7/2017, of 2 November, which incorporates Directive 2013/11/EU of the European Parliament and of the Council, of 21 May 2013, on alternative dispute resolution for consumer disputes, into Spanish law.
