SAC Regulations

Regulations for Customer Advocacy

Trans Fast Financial Services, S.A. E.P. (hereinafter, “Trans Fast”, or the “Entity”), duly registered in the Registers of the Bank of Spain under number 6813, is a company that remains regulated by Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent measures in financial matters (hereinafter, “RD Law 19/2018”).

Likewise, and in compliance with the provisions of both Law 44/2002, of 22 November, on measures to reform the financial system, and Order ECO/734/2004, of 11 March, on customer service departments and services and the customer ombudsman of financial institutions, which has been amended by Order ECE/1263/2019, of 26 December, on transparency of the conditions and information requirements applicable to payment services and amending Order ECO/734/2004, of 11 March, on customer service departments and services and the customer ombudsman of financial institutions and others, and in accordance with Law 7/2017, of 2 November, which incorporates Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution in consumer matters into Spanish law, it is the intention of the Entity to draw up these Regulations for the Defence of the Customer (hereinafter, the “Regulation”), in order to guarantee adequate protection to users who contract Trans Fast services.

Therefore, this Regulation aims to regulate the operation of the Customer Service in a systematic and complete manner, ensuring easy access by customers to the complaint system, as well as an agile processing and resolution of complaints and claims filed by them.

Article 1. Purpose, scope of application and definitions.

These Regulations govern Trans Fast’s Customer Care Service (hereinafter, the “SAC”), the purpose of which will be to attend to and resolve complaints and claims submitted by its customers in accordance with the Order of the Ministry of Economy, ECO/734/2004, of 11 March 2004, on customer service departments and services and the customer ombudsman of Financial Institutions (hereinafter the “Order”).

The protection and defence regime contained in this Regulation shall apply to all natural or legal persons; Spanish or foreign, who are duly identified, in their capacity as users of the money transfer services provided by Trans Fast.

For the purposes of this Regulation, the following definitions shall apply:

Complaint: those filed by users of financial services for delays, inattention or any other type of deficient action observed in the operation of the financial institutions against which the complaint is made.

Complaint: those submitted by users of financial services that reveal, with the aim of obtaining the restitution of their interest or right, specific facts referring to actions or omissions of the financial institutions complained of that represent a prejudice to the interests or rights of the person who makes them and that derive from alleged breaches by the entities complained of, of the regulations on transparency and customer protection or of good financial practices and uses.

Article 2. Relations with the Bank’s Entity Conduct Department of Spain.

The SAC will be competent to respond to the requirements that the Bank of Spain’s Conduct of Institutions Department addresses to the Institution.

TITLE I
CUSTOMER SERVICE OWNER

Article 3.Designation.

The Customer Service Manager must be a person with commercial and professional repute, and with adequate knowledge and experience to perform their duties. That is why:

  • Commercial and professional honour is due to those who have been observing a personal trajectory of respect for commercial or other laws that regulate economic activity and business life, as well as good commercial and financial practices.
  • Those who have performed functions related to the financial activity of the entity or entities in question have adequate knowledge and experience for the purposes provided for in the Order. The Holder of the SAC will be appointed by the Joint and Several Administrators (hereinafter, the “Administrative Body”) of Trans Fast.

This designation shall be duly communicated by the Institution to the Conduct of Institutions Department of the Bank of Spain.

Article 4. Term of office.

The mandate of the SAC Holder will be indefinite, retaining full force and effect; without prejudice to the provisions of Article 6 of these Regulations.

Article 5. Causes of incompatibility and ineligibility.

Causes of incompatibility and ineligibility for the position of SAC Holder shall be those who:

  • Perform functions in the commercial or operational departments of the Entity.
  • Have been disqualified or suspended for the commission of a criminal or administrative offence.
  • Has a criminal record.
Article 6. Termination of office.
The Head of the SAC will cease to hold office for any of the following reasons:
  • (i) By agreement of the Entity’s Administrative Body, provided that there is a justified cause for the cessation of the mandate of the Head of the SAC; in any case objective, negligent and serious, in accordance with the legal regulations in force, to preserve their independence.
  • (ii) Performance of functions in the Entity that imply cause of incompatibility for the position, as indicated in Article 5 of these Regulations.
  • (iii) Supervening disability.
  • (iv) Conviction for a crime in a final judgment.
  • (v) Waiver.
  • (vi) Termination of the employment relationship with the Entity.
  • (vii) Because the existence of a lack of good repute in the performance of the position is considered, affecting the good image of the Entity.
In the event of a vacancy in the position, Trans Fast will proceed to appoint a new Holder within a period of one (1) month from the date of the appointment.
would have caused the cessation of office.
TITLE II
FUNCTIONS OF THE SAC
Article 7. Functions.
It is the function of the SAC to safeguard and protect the rights and interests of Trans Fast’s customers derived from their relations with it; as well as, to ensure that such relations are developed at all times in accordance with the principles of good faith, equity and mutual trust.
In fulfilment of its function, the SAC is responsible for:
to. Attend, know, study and resolve complaints and claims that customers raise when they refer to legally recognised interests and rights related to the operations of sending or receiving payment orders, whether they derive from the contracts themselves, from the regulations on transparency and customer protection or from good practices and financial services, and in general, with respect to its relations with Trans Fast.
b. To present, formulate and prepare before the Entity reports, recommendations and proposals in all those aspects that are within its competence and that, in its opinion, may favour the good relationship and trust that should exist between Trans Fast and its customers.
c. Duty of abstention; in those cases in which a conflict of interest or incompatibility may be generated between the clients and the facts complained of with the person in charge of the SAC; which must refrain from becoming aware of the claim, immediately notifying the Entity’s Administrative Body, in accordance with the legal regulations in order to apply the substitution measures provided for in the aforementioned Regulations.
Article 8. Excluded subjects.
In any case, the following are excluded from the jurisdiction of the SAC:
  • to. The relations between the Entity and its employees unless they provide money transfer services.
  • b. The relations between the Entity and its shareholders unless they provide money transfer services.
  • c. The relations between the Entity and its Agents (natural or legal persons).
  • d. Questions relating to the Entity’s decisions relating to whether or not to enter into or conclude a contract, or a specific operation or service with specific persons, as well as their agreements or conditions, unless the complaint or claim is made due to negligence or delay in making the decision by the Entity.
TITLE III
OBLIGATIONS OF THE ENTITY IN RELATION TO THE SAC
Article 9. Autonomy and means.
The Entity must adopt the necessary measures to separate the Customer Service from the other commercial or operational services of the organization, so as to guarantee that the latter makes its decisions autonomously regarding the scope of its activity and, likewise, conflicts of interest are avoided.
Without prejudice to the provisions of the previous paragraph, the Entity shall adopt the appropriate measures to ensure that the procedures provided for the transmission of the information required by the SAC to the rest of the organisation’s services comply with the principles of speed, security, efficiency and coordination.
The Entity will ensure that its customer service is equipped with the appropriate human, material, technical and organisational resources to carry out its functions. In particular, it will take the necessary actions to ensure that the staff at the service of the SAC have adequate knowledge of the regulations on transparency and protection of financial services customers.
Article 10. Obligations of the Entity.
In particular, Trans Fast is responsible for:
  • To collaborate with the SAC in everything that favours the better exercise of its functions and, especially, to provide it with all the information it requests in relation to the exercise of its functions.
  • Make the following information available in writing to Trans Fast customers at its offices open to the public, including the Network of Authorised Agents, as well as on its website, in the event that the contracts have been entered into by telematic means:
  • a) The existence of a Customer Service with indication of their postal and electronic address.
  • b) The obligation on the part of the Entity to attend to and resolve complaints and claims submitted by its customers, within fifteen (15) working days of their presentation in any instance of the company admitted to do so, such as the Network of Authorized Agents or Trans Fast’s own customer service.
  • c) Reference to the Bank of Spain’s Conduct of Institutions Department, specifying its postal and email addresses, and the need to exhaust the Customer Service channel in order to be able to file complaints and claims with them.
  • d) The operating regulations provided for in this document.
  • e) References to the regulations on transparency and customer protection of financial services.
The decisions that conclude the procedures for handling complaints and claims shall expressly mention the right of the complainant to apply to the Bank of Spain’s Department of Conduct of Institutions in the event of disagreement with the outcome of the decision.
TITLE IV
REQUIREMENTS AND PROCEDURE FOR FILING,
PROCESSING AND RESOLUTION OF COMPLAINTS AND CLAIMS.
Article 11. Scope of the Procedure.

These Regulations will cover all claims that are required of the SAC for processing, and provided that they have not been previously resolved by the Entity.

Article 12. Form, content, deadline and place of submission of complaints and Claims.

Complaints and claims may be submitted, in person or by representation, on paper or by computer, electronic or telematic means, provided that these allow the documents to be read, printed and preserved.

The use of computer, electronic or telematic means must comply with the requirements set out in Law 59/2003, of 19 December, on electronic signatures.

The procedure will begin by submitting a document stating:

  • a) Name, surname and address of the interested party and, where appropriate, of the person representing him/her, duly accredited; National Identity Document number for natural persons and data referred to the Public Registry for legal persons.
  • b) Reason for the complaint or claim, with clear specification of the issues on which a ruling is requested.
  • c) Office or offices, department or service where the facts that are the subject of the complaint or claim occurred.
  • d) That the claimant is not aware that the subject matter of the complaint or claim is being substantiated through an administrative, arbitral or judicial procedure.
  • e) Place, date and signature.

The claimant must provide, together with the above document, the documentary evidence in his possession on which his complaint or claim is based.
Complaints and claims may be submitted to the Customer Service Department, at any branch open to the public of the entity, as well as at the email address provided for this purpose.

The contact details of the SAC can be found in the Single Annex to this Regulation.

Article 13. Admission for processing.

Once the complaint or claim has been received by the entity, in the event that it has not been resolved in favour of the customer by the branch or service that is the subject of the complaint or claim, it will be forwarded to the Customer Service Department, as appropriate in accordance with these regulations.

In any case, receipt must be acknowledged in writing and the date of submission must be recorded for the purposes of calculating the deadline.

Once the complaint or claim has been received by the competent body for its processing, the file will be opened.

The complaint or claim shall be submitted only once by the interested party, and may not be required to be repeated before different departments of the Entity.

Article 14. Correction of errors.

If the identity of the claimant is not sufficiently accredited, or the facts that are the subject of the complaint or claim cannot be clearly established, the signatory will be required to complete the documentation submitted within ten (10) calendar days, with a warning that if they do not do so, the complaint or claim will be filed without further processing.

In the event that the claimant submits the documentation after the previously established period, a new file will be opened and the procedure will begin again.

The period used by the claimant to correct the errors referred to in the preceding paragraph shall not be included in the calculation of the period of fifteen (15) business days provided for in Article 18 of these Regulations.

Article 15. Non-admission for processing.
A complaint or claim may only be refused for processing in the following cases:
  • a) When essential data for the processing that cannot be corrected are omitted, including cases in which the reason for the complaint or claim is not specified.
  • b) When it is intended to process as a complaint or claim, appeals or other actions whose knowledge is within the competence of the administrative, arbitral or judicial bodies, or the same is pending resolution or litigation or the matter has already been resolved in those instances.
  • c) When complaints or claims are made that reiterate previous ones resolved, presented by the same client in relation to the same facts.
  • d) When the deadline for the submission of complaints and claims established by the operating regulations has elapsed.

When it becomes aware of the simultaneous processing of a complaint or claim and of an administrative, arbitral or judicial procedure on the same matter, it must refrain from processing the former.

When it is deemed that the complaint or claim is not admissible for processing, for any of the reasons indicated, the interested party shall be informed by means of a reasoned decision, giving him a period of ten (10) calendar days to present his allegations.
When the interested party has replied and the grounds for inadmissibility are maintained, he or she will be informed of the final decision adopted.

 

Article 16. Processing.

The SAC may obtain from the complainant and the various departments of Trans Fast concerned any data, clarifications, reports or evidence that it considers relevant to make its decision.

Article 17. Trespass and desist.

If, in view of the complaint or claim, the Entity rectifies its situation with the claimant to the satisfaction of the latter, it must notify the competent authority and justify it with documentation, unless there is an express withdrawal by the interested party. In such cases, the complaint or claim will be filed without further processing. Interested parties may withdraw their complaints and claims at any time. Withdrawal will lead to the immediate termination of the procedure as far as the relationship with the interested party is concerned. However, the SAC may agree to continue the same within the framework of its function of promoting compliance with transparency and customer protection regulations and good financial practices and uses.

Article 18. Deadline for issuing the final decision.

The SAC will have a period of fifteen (15) working days from the receipt of the complaint or claim by any of the instances admitted for this purpose, such as the Network of Authorized Agents or the Trans Fast customer service itself. In exceptional situations, if a response cannot be offered within fifteen (15) working days for reasons beyond Trans Fast’s control, Trans Fast must send a provisional response, clearly indicating the reasons for the delay in responding to the complaint and specifying the period within which the Entity’s customer will receive the final response. In any case, the period for receipt of the final response shall not exceed one (1) month.Article 19. Notification.

The decision shall always be reasoned and shall contain clear conclusions on the request raised in each complaint or claim, based on the contractual clauses, the applicable rules of transparency and customer protection, as well as good financial practices and practices. In the event that the decision deviates from the criteria expressed in previous similar files, the reasons justifying it must be provided. The decision will be notified to the interested parties within ten calendar days from its date, in writing or by computer, electronic or telematic means, provided that these allow the reading, printing and conservation of the documents, and meet the requirements set out in Law 59/2003, of 19 December, on electronic signatures. as expressly designated by the complainant and, in the absence of such indication, through the same means in which the complaint or claim was filed. In the event that you do not agree with the resolution, or failing that, you have not received a resolution of the same within the period and in the manner set out in these regulations, you may go to the complaints services of the Bank of Spain.In the case of Consumers, the claimant will be notified that more than One (1) year has elapsed since the filing of the complaint with the SAC or the Entity, may not apply to the Bank of Spain’s Department of Conduct of Institutions.

Article 20. Acceptance of the Regulations.The submission of a complaint or claim implies acceptance of these Regulations, with which all departments and services of the Entity, as well as its Authorized Agents of Trans Fast must provide the SAC with all the information it requests in relation to the exercise of its functions.

 

Article 21. Relationship with the Bank of Spain’s Conduct of Institutions Department.The Head of the SAC shall comply with any requirements that the Bank of Spain’s Conduct of Institutions Department may make to it in the exercise of its functions, within the periods determined by it and in accordance with the applicable regulations.

TITLE V

REPORT

Article 22. of the Annual Report.

Within the first quarter of each year, the SAC shall submit to the Board of Directors of Trans Fast an explanatory report on the performance of its function during the preceding financial year.
Trans Fast’s fiscal year begins on January 1 and ends on December 31, so that the first quarter of each year is the January-March period, the period in which the Annual Report must be submitted in accordance with the previous paragraph.
The Annual Report shall have the following minimum content:

  • (i) Statistical summary of the complaints and claims dealt with, with information on their number, admission for processing and reasons for inadmissibility, reasons and issues raised in the complaints and claims, and amounts and amounts affected;
  • (ii) Summary of the decisions issued, indicating the favorable or unfavorable nature for the claimant;
  • (iii) General criteria contained in the decisions;
  • (iv) Recommendations or suggestions derived from its experience, with a view to better achieving the purposes that inform its action.

At least one summary of the report shall be included in the annual report of the Entity.

Article 23. Approval and Modification of the Regulations.
These Regulations shall be approved by the Entity’s Board of Directors and subject to verification by the Bank of Spain.
If there are modifications to it, they must be submitted to the approval and verification of those stated in the previous paragraph.

Final Provisions.
First. In all matters not provided for in this Regulation, Royal Decree-Law 19/2018, on payment services and other urgent measures in financial matters and in accordance with Order ECO/734/2004, of 11 March, on the customer service and customer ombudsman departments and services of Financial Institutions, will apply.
Second. The SAC must act and maintain the security measures of the available information in order to comply with Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.

 

SOLE ANNEX

To make their complaints or claims, they must be addressed, in the first instance, in the manner and within the time limits provided for in the Regulations, to:

TRANS FAST Financial Services, S.A., E.P
Customer Service (SAC)

In person or by post:
Main Office
C/ Batalla del Salado, 25
CP: 28045 Madrid

By email: sac@transfastspain.com
Through the web portal: www.trans-fast.es

And in the second instance, and once the SAC route has been exhausted, they may apply to the Department of Conduct of Institutions of the Bank of Spain.
To carry out the procedure, you must go to:
In person or by post:
Bank of Spain
C/ Alcalá 48
28014 Madrid
Or by means of a form in the Virtual Complaints Office www.bde.es

CLICK HERE