Litigation and claims in travel law

It is the reversal of a charge that a cardholder requests from their bank. You defend it by providing, within the deadline set by the payment processor, evidence that the service was booked and provided, or cancelled, in line with the terms accepted.

In a package, a lack of conformity entitles the traveller to a proportionate price reduction and, where appropriate, compensation, but not necessarily a full refund. It depends on how serious the failure is and on the terms of the contract.

First with a formal out-of-court demand. If they still do not pay, through court proceedings, which may be an order-for-payment procedure (procedimiento monitorio) depending on the debt and the documentation, followed by enforcement. If the customer enters insolvency proceedings, the claim must be notified to the insolvency administrator.

Check the deadline, which is usually a matter of days, and do not miss it. Provide the documents requested, analyse the breaches alleged and fix what you can before sanctioning proceedings are opened. We explain it step by step in our guide on “consumer protection inspections and penalties”.

Not through administrative channels. Article 85.3 of Law 39/2015 on Common Administrative Procedure makes the reductions for voluntary payment and for admitting liability conditional on waiving any administrative action or appeal against the penalty. Consider whether you want to challenge it before paying.