I

This real legislative decree complies with the forecast contained in the fifth final provision of Law 44/2006, of 29 December, to improve the protection of consumers and users, which enables the government to, in the 12 months, to recast in a single text the Law 26/1984 of 19 July, General for the Defence of Consumers and Users and the rules of transposition of the Community directives issued in the field of consumer protection and users who have an impact on the aspects covered by it, regularizing, clarifying and harmonizing legal texts that have to be recast.

The list in the Annex to Directive 98 /27/EC of the European Parliament and of the Council of 19 May 1998 concerning the cessation of the rules for the purposes of recasting has been considered for the identification of the rules to be recast protection of the interests of consumers and users, which identifies the Community provisions on the protection of consumers and users, and, consequently, the rules of transposition in respect of which it is necessary examine the source of their incorporation into the recast text.

Analyzed in the Annex to the aforementioned directive, they are integrated into the recast text of the General Law for the Defense of Consumers and Users and other complementary laws the norms of transposition of the Community directives that, In the light of the law of the Court of Justice of the European Parliament, the Court of Justice of the European Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice and the Court of Justice certain arrangements for procurement with consumers, namely: contracts concluded with the distance and those concluded outside the commercial establishment.

The regulation on guarantees for the sale of consumer goods constitutes a transposition of a Community directive that affects the scope of the guarantee regulated by the General Law for the Defense of Consumers and Users, proceeding, as well as its recasting.

The regulation on package travel is also incorporated into the recast, as it is a rule for the transposition of a Community directive which is integrated into the Community consumer protection acquis and establishes a specific legal regime in procurement with consumers not affected by the sectoral state rules on tourism.

In addition, the regulation on civil liability for damages caused by defective products is incorporated into the recast text, a rule for the transposition of a Community directive that has an impact on the essential aspects of the law. General of Defense of Consumers and Users, and that, as unanimously recognizes the doctrine and case law requires to clarify and to harmonize their respective regulations, in order to ensure an adequate integration between them, overcoming apparent antinomies.

Other rules for transposition of the Community directives referred to in the Annex to Directive 98 /27/EC, however, implement very different legal regimes governing specific sectoral areas away from the core. basic protection for consumers and users.

Such is the case of the laws governing the services of the information society and electronic commerce, the rules on television broadcasting and Law 29/2006, of July 26, of guarantees and the rational use of the medicines and medical devices.

Law 7/1995 of 23 March on consumer credit, even if it contains a specific regulation of consumer contracts, is not incorporated into the recast in consideration of its specific impact in the field of consumer contracts. financial. Such circumstances determine that the requirements of the Consumer Credit Act are supplemented not only by the general rules contained in Law 26/1984 of 19 July, General for the Defence of Consumers and Users, but also with those own financial services regulators, in particular those relating to the obligations of credit institutions in relation to information to customers, advertising and transparency of transactions. It is therefore considered that the regulation on consumer credit in this group of financial provisions is more harmoniously integrated. This decision is supported by the transposition into national law by Law 22/2007 of 11 July 2007 on the distance marketing of financial services for consumers, of Directive 2002/65/EC of the European Parliament and of the European Parliament the Council of 23 September 2002 on the distance marketing of financial services for consumers and amending Council Directive 90 /619/EEC and Directives 97 /7/EC and 98 /27/EC.

The peculiar regime of the constitution of the rights to take advantage of real estate for tourist use and the establishment of specific tax rules in Law 42/1998, of December 15, which transposed the Directive 94 /47/EC of the European Parliament and of the Council of 26 October 1994 also discounsels its inclusion in the recast text of the General Law for the Defence of Consumers and Users and other laws In the case of the Commission, the Commission has not yet been able to core core of consumer protection.

Neither is the object of recasting Law 34/1998 of 11 November, General of Advertising, since its subjective scope of application also includes the relations between entrepreneurs and their content is pending review as consequence of the adoption of Directive 2005 /29/EC of the European Parliament and of the Council of 11 May 2005 on the unfair commercial practices of undertakings with consumers in the internal market, which is to be incorporated into the our legal order.

Finally, the regulatory standards transposing directives issued in the field of consumer and user protection, such as those relating to price indication, labelling, presentation and advertising of products food, etc., are not incorporated into the recast text of the General Law for the Defense of Consumers and Users and other complementary laws, since, as stated by the State Council, the legislative delegation does not authorize to incorporate regulatory provisions into the recast text, nor to degrade the range of legal provisions excluding them from recasting.

Consequently, compliance with the mandate contained in the fifth final provision of Law 44/2006 of 29 December 2006 to improve the protection of consumers and users requires the incorporation of the recast text of the Law General for the Defence of Consumers and Users and other complementary laws, Law 26/1984 of 19 July, General for the Defence of Consumers and Users, Law 26/1991 of 21 November on contracts concluded outside the commercial establishments; regulation of the protection of consumers and users In Law 47/2002, of 19 December, of reform of the Law on the Management of Retail Trade, for the transposition into the Spanish legal system of the Directive on distance contracts; Law 23/2003, of July 10, of Guarantees in the Sale of Consumer Goods, Law 22/1994, of July 6, of civil liability for damages caused by defective products; Law 21/1995, of July 6, on package travel.

II

The recast text of the General Law for the Defense of Consumers and Users and other complementary laws is structured in four books.

The book is first divided into five titles. The first, concerning the general provisions, incorporates a delimitation of the scope of Law 26/1984, of 19 July, General for the Defence of Consumers and Users and a list of concepts repeatedly used in it, ensuring greater clarity in the wording, avoiding unnecessary repetition and integrating the gaps that the doctrine had identified. In this title, the rights of consumers and users and the basic legislation on them are also regulated.

Title II of this book first contains the regulation of the right of representation, consultation and participation and incorporates the basic legal regime of consumer and user associations adopted in the amendment. rules introduced by the Law to improve the protection of consumers and users.

In Title III of the first book, the regulation on institutional cooperation is incorporated, especially relevant in the protection of consumers and users, taking into account the competences of the autonomous communities and local authorities. It integrates in a specific title the regulation of the Consumer Sectoral Conference incorporated in the General Law for the Defense of Consumers and Users in the modification made by the Law of improvement of the consumers and users and the specific provisions on institutional cooperation in the field of quality training and control.

The provisions of this title are therefore based on the principle of cooperation, in relation to which the Constitutional Court, inter alia in STC 13/2007, FJ 7, has indicated that ' the techniques of cooperation and "collaboration" is an integral part of the structure of the State of the Autonomous Communities (STC 13/1992, of 6 February, F. 7; and in the same sense SSTC 132/1996, 22 July F. 6 and 109/1998, 21 May, F. 14) and that the principle of cooperation " it does not need to be justified by specific constitutional or statutory provisions " (STC 141/1993, 22 April, F. 6.n; and in the same sense STC 194/2004, 4 November, F. 9) " must preside over the respective exercise of powers shared by the State and the Autonomous Communities (STC 13/1988, 4 February, F. 2; in the same sense, STC 102/1995, of 26 June, f. 31) (...) ".

The judgment of the Constitutional Court 15/1989 of 26 January 1989 and the current legal system, taking into account the powers assumed by the Autonomous Communities and the local authorities in the field of protection of the consumers and users, has demanded to regularise and clarify many of the provisions contained in Law 26/1984, of July 19, General for the Defense of Consumers and Users, and now incorporated in the first book, titles I and III.

In particular, the obligations imposed on the media, state-owned radio and television are circumscribed, with such obligations being inserted in the field of the power of self-organization of the General Administration of the State.

Equally, in the light of the competences of the local authorities in the field of consumer and user protection and without prejudice to the participation of the association of local entities with greater implementation in the Conference Sector of Consumption, as it prevents Article 5.8 of Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure, expressly establishes the institutional cooperation between the General administration of the State and local authorities through the association with increased deployment.

Title IV contains provisions on sanctioning procedures and infringements and penalties.

The title V, last in the book, articulates access to the justice of the consumers and, in particular, incorporates the regulation of the actions of cessation in the face of the anti-regulation behaviors contained in the recast text of the General Law for the Defense of Consumers and Users and other complementary laws and the Arbitration System for Consumption.

In the regulation of the Arbitration System of Consumption contained in Chapter II of this Title V, the important amendments introduced by the Law to improve the protection of consumers and users, in the legal regime for this effective out-of-court dispute settlement mechanism.

According to the adopted regulation, the agreements on submission to arbitration are conducted at the time when the consumer can correctly assess the scope of the decision which, in most cases, is obliged to adopt, and that is the one in which the controversy arises. The protection of the user in the face of arbitrary formulas is not always lawful and guarantees the non-waiver prior to the legally recognized rights. This rule is supplemented by the determination of the nullity of the agreements signed in contravention of it, in application of the provisions of the General Law for the Defense of Consumers and Users on the irrenunciation of rights. recognized by the law to the consumer. The classification of its infringement, as a breach of consumption, is clearly apparent from Article 49 (13) in which the failure to comply with the requirements, obligations or prohibitions laid down in this Law and provisions is such that the development.

It is also incorporated into the article, also, the clarifications introduced by the repeated Law 44/2006, of 29 December, on the regulatory determination of the cases in which it may be brought to the Board of Arbitration National in the face of the decisions of the territorial arbitration boards on admission and inadmissibility of requests for arbitration and the establishment, likewise, in the regulatory standard, of the assumptions in which a single arbiter will act in the administration of consumer arbitration.

The second book, which regulates private legal relations, is structured in five titles. Title I, in which the general provisions of contracts with consumers are contained, following the regime contained in Law 26/1984 of 19 July, General for the Defence of Consumers and Users and establishing, in accordance with the provisions of the rules which are incorporated into the recast text of the General Law for the Defence of Consumers and Users and other supplementary laws, the common system of the right of withdrawal in those contracts in which it is envisaged right.

The provisions introduced by the Law on the Improvement of Consumer Protection, in the field of consumer contracts, are incorporated in this title.

This law, in order to avoid the imposition on consumers of onerous or disproportionate obstacles to the exercise of the rights recognised in the contract and in coherence with the provisions of Directive 2005 /29/EEC of the European Parliament European and the Council of 11 May 2005 on unfair commercial practices, which prohibits non-contractual obstacles to the exercise of such rights, and in this respect must be transposed into our legal order, the contractual clauses laying down these limitations, and in particular the imposition of of excessive duration or limitations that exclude or impede the right of the consumer to terminate the contract.

In contracts for the provision of services or supply of successive or continuing goods, obstructionist practices have been observed in the consumer's right to put an end to them. To avoid them, reforms are introduced to ensure that the procedure by which the consumer can exercise this right is clearly established, both in the prior information phase and in the effective contractual formalisation. you can exercise it in the same way you contract, without penalties or charges.

These rules are completed with two forecasts. On the one hand, the integration of the contract according to the objective good faith, according to the rules of interpretation and integration of the Civil Code and the demands of the loyal competition. Thus, the contractual position of the consumer is reinforced and the interpretation of Article 1258 of the Civil Code is clearly stated in the rule, keeping the doctrine and case-law more advanced.

On the other hand, establishing the need for mandatory pre-contractual information to be provided to the consumer free of charge, without additional costs. The purpose of this provision is to avoid harmful practices, in which compliance with the legal obligations of employers not only entail additional costs for consumers, but also additional remuneration for the operator by means of the use of new technologies. New technologies which, on the other hand, allow for the free provision of the minimum required information, as already provided for in some areas of economic activity.

Title II establishes the legal regime for non-individually negotiated contractual clauses and unfair terms, in accordance with the provisions of Law 26/1984 of 19 July, General for the Defence of Consumers and Users.

It is in this title that the amendments introduced by the Law of Improvement in the Matter of Unfair Clauses and Practices are incorporated. This is the case for the strengthening of the protection of the acquiring consumer of housing when the abusive nature of the clauses that transfer it to the professional, such is the case of the taxes in which the subject liability is the seller, or the expenses of the connections to the general housing supplies, in order to avoid non-negotiated clauses that transfer such expenses to the consumer.

It is also incorporated in the forecasts to give greater clarity in the procedures for calculating the price of contracts, avoiding the invoicing of services that are not actually provided.

In contractual terms, the equalization of non-negotiated contractual stipulations and non-consensual practices expressly with the same effects for users and in the sanctioning field is clarified.

Titles III and IV are intended, respectively, to regulate contracts with consumers held at a distance and outside commercial establishments.

The provisions aimed at regulating the legal relations with consumers in the distance contracts of goods and services contained in Law 7/1996 of 15 January of Ordination of the Retail trade, as amended by Law 47/2002 of 19 December 2002 on the reform of Law 7/1996, on the Management of Retail Trade, for the transposition of Directive 97 /7/EC into the Spanish legal system, in respect of distance contracts and for the adaptation of the Law to various Community directives.

As a consequence of this recasting the regulation on distance contracts contained in Law 7/1996, of January 15, is in force for the regulation of business relations.

The regulation contained in Law 26/1991 of 21 November on contracts concluded outside commercial establishments is also incorporated into the recast text.

Title V, last in the second book, regulates the system of guarantees and after-sales services, harmoniously integrating the regime of guarantees provided for in the General Law for the Defense of Consumers and Users and the regulation contained in Law 23/2003, of July 10, of Guarantees in the Sale of Consumer Goods.

The third book harmonizes the civil liability regime for damages caused by defective products, provided for in Law 22/1994, of July 6, and the provisions on liability contained in Chapter VIII of the Law 26/1984, July 19, General for the Defense of Consumers and Users.

This book is divided into three titles. Title I, which contains the common provisions on liability for damages caused by defective goods and services, Title II, in which civil liability is governed by defective products and Title III in which liability is regulated for the remainder of the goods and services.

In the fourth book, finally, specific regulation on package travel is incorporated. This book divides into two titles, the first on general provisions and the second on contract resolution and responsibilities.

The three transitional provisions of the recast text of the General Law for the Defence of Consumers and Users and other complementary laws ensure that the transitional arrangements for the guarantee are not altered. In the case of the Commission, the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the circulation before 8 July 1994.

In three final provisions, the government is enabling the government to modify the amounts established in the recast text of the General Law for the Defense of Consumers and Users and other complementary laws, and for the regulatory development of the provisions of the law, while maintaining the applicability of the regulatory regime for infringements and penalties in the terms provided for in the General Law for the Defence of Consumers and Users.

The allocation to the government, in the second final provision, of regulatory development powers in the field of its powers includes the matters on which the State has exclusive and exceptional powers, in relationship to the rules listed in paragraph 2 of the first provision of the royal legislative decree, in those cases in accordance with the constitutional doctrine, and with the character of exceptionality proclaimed by the Court Constitutional, recourse to the regulation is justified in order to establish basic norms.

According to this doctrine, the invocation of this "exceptional dispensation" of the sufficiency of the normative rank of the bases (STC 69/1988, 194/2004) is only justified in certain cases. Thus, 'where it is essential to ensure the lowest common denominator laid down in the basic rules' (among other SSTC 25/1983, 32/1983 and 48/88); or ' where, by the nature of the matter, they are necessary for the to ensure that the objective objective is met by the State competition on the basis " or, finally, when the formal law is not the ideal instrument for exhaustively regulating all the basic aspects of the matter due to the "markedly technical character or the cyclical and changing nature" of the same " (STC 131/1996).

In this way, it is constitutionally permissible to recognize the power of the Government to supplement the basic norms with regulatory provisions, such possibility is limited to the assumptions in which such power is Constitutionally admissible in accordance with the Constitutional Court's doctrine.

III

The recast text of the General Law for the Defense of Consumers and Users and other complementary laws also seeks to approximate national legislation on consumer protection and consumer protection. Community legislation, also in the terminology used. It is therefore chosen by the use of the terms consumer and user and employer.

Thus, the concept of consumer and user adapts to the Community terminology, but respects the peculiarities of our legal system in relation to "legal persons".

The consumer and user, defined in the law, is the natural or legal person who acts in an area outside of a business or professional activity. This is, which intervenes in consumer relations for private purposes, contracting goods and services as final recipients, without incorporating them, either directly or indirectly into production, marketing or delivery processes to third parties.

The definitions of employer, producer, product and supplier are also incorporated in order to unify the terminology used in the text. The definitions of employer, producer and product are those contained in the rules that are recast. The concept of a supplier is that of any employer who supplies or distributes products on the market, distinguishing itself from the seller, who, although not defined, by reference to civil law is the one who intervenes in a contract of sale, in the case of this law, acting in the context of its business activity.

On the other hand, references to competent public administrations or the inclusion in the recast of rules on contracts whose administrative control is attributed to sectoral administrations other than competent in the field of consumption, has no effect on the attribution or modification of the administrative powers conferred by the State or regional rules applicable to it.

The recast text does not prejudge what the competent public authorities are in relation to the matters contained therein, aware that the protection of consumers is a multidisciplinary subject in which they compete. various administrations. The competent public authorities shall, in each case, be assigned such competence on the grounds of the matter with full respect for the organisational autonomy of the various administrations involved, in particular in matters relating to the related to health and tourism.

IV

In the processing of the recast text of the General Law for the Defense of Consumers and Users and other complementary laws, the Council of Consumers and Users and the most important business organizations have been heard. representative and has been counted with the opinion of the autonomous communities, of the Spanish Federation of Municipalities and Provinces and of the Economic and Social Council.

In its virtue, on the proposal of the Ministers of Health and Consumer Affairs and Justice, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on 16 November 2007,

D I S P O N G O:

Single item. Approval of the recast text of the General Law for the Defense of Consumers and Users and other complementary laws.

The recast text of the General Law for the Defense of Consumers and Users and other complementary laws, which is incorporated into the provisions of Law 26/1984 of 19 July, General for the Defense of the Consumers and Users, and the regulation on contracts with consumers or users concluded outside the commercial and distance establishments; the provisions on guarantees in the sale of consumer goods; regulation on civil liability for damage caused by defective products and regulation on package travel.

Single repeal provision. Regulatory repeal.

The following provisions are repealed:

1. Articles 48 and 65.1 (n) and (n) and the first provision of Law 7/1996 of 15 January 1996 on the Management of Retail Trade. Likewise, in the final provision of Law No 7/1996 of 15 January 1996, the particulars referred to in Article 48 and the first paragraph of the first paragraph of the first paragraph shall be repealed.

2. Law 26/1984, of July 19, General for the Defense of Consumers and Users.

3. Law 26/1991 of 21 November on contracts concluded outside commercial establishments.

4. Law 22/1994, of July 6, of civil liability for damages caused by defective products.

5. Law 21/1995, July 6, combined travel regulator

6. Law 23/2003, of July 10, of Guarantees in the Sale of Consumer Goods

Final disposition first. Competence title.

1. Chapter I of Title I of the first book, which defines its scope and Article 10, is of a basic nature in relation to the provisions of paragraph 2 of this provision and is dictated by the use of exclusive powers of the State in relation to the provisions of paragraph 3.

2. Articles 8, 9, 17.1, 18, 23. 1 and 3, 25 and 26; Chapters III and V of Title I of the first book and Title IV of the first book are of a basic nature when they are issued under the jurisdiction of the State in Article 149.1. 1st, 13th and 16th of the Spanish Constitution.

3. Article 24 and Title V of the first book, the second, third and fourth books, the transitional provisions and the final provisions are laid down on the basis of the exclusive powers conferred on the State in the field of legislation commercial, procedural and civil, in accordance with Article 149.1. 6. th and 8th of the Spanish Constitution.

4. The remainder of the provisions of Title II of the first book shall apply to associations of consumers and users of state competence.

Final disposition second. Entry into force.

This royal legislative decree and the recast text it approves will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 16 November 2007.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

RECAST TEXT OF THE GENERAL LAW FOR THE DEFENSE OF CONSUMERS AND USERS AND OTHER COMPLEMENTARY LAWS

INDEX

Book first. General provisions.

Title I. Scope and basic rights of consumers and users.

Chapter I. Application scope.

Article 1. General principles.

Article 2. Scope.

Article 3. General consumer and user concept.

Article 4. Concept of employer.

Article 5. Producer concept.

Article 6. Product concept.

Article 7. Vendor concept.

Chapter II. Basic rights of consumers and users.

Article 8. Basic rights of consumers and users.

Article 9. Common use goods and services.

Article 10. The disabilitability of the rights recognized to the consumer and user.

Chapter III. Health and safety protection.

Article 11. General duty of security.

Article 12. Information to consumers and users about the risks of goods or services.

Article 13. Other specific obligations for the protection of the health and safety of consumers and users.

Article 14. Regulations on goods and services.

Article 15. Administrative actions.

Article 16. Extraordinary measures in situations of urgency and need.

Chapter IV. Right to information, training and education

Article 17. Information for consumers and users.

Article 18. Labelling and presentation of goods and services.

Chapter V. Protection of the legitimate economic interests of consumers and users.

Article 19. General principle.

Article 20. Promotions.

Article 21. Check regime and customer support services.

Title II. Right of representation, consultation and participation and legal status of consumer and user associations.

Chapter I. Basic legal framework for consumer and user associations.

Article 22. Object.

Article 23. Concept and purposes.

Article 24. Legitimization of consumer and user associations.

Article 25. Exclusive use of the consumer and user association name.

Article 26. Loss of consumer and user association condition.

Chapter II. Independence and transparency of consumer and user associations.

Article 27. Independence requirements.

Article 28. Participation in commercial companies.

Article 29. Definition of the framework for collaboration with market operators.

Article 30. Collaboration agreements or agreements.

Article 31. Deposit of annual accounts.

Article 32. Advertising of information deposited by consumer and user associations.

Chapter III. State Registry of Consumer and User Associations.

Article 33. State Registry of Consumer and User Associations.

Article 34. Control of compliance with requirements for enrollment.

Article 35. Exclusion from the State Register of Consumer and User Associations.

Article 36. Collaboration with the Autonomous Registers.

Chapter IV. Representation and Query.

Article 37. Rights of consumer and user associations.

Article 38. Consumer and User Advice.

Article 39. Hearing in consultation in the process of drawing up the general provisions.

Title III. Institutional cooperation.

Chapter I. Consumer Sectoral Conference.

Article 40. Consumer Sector Conference.

Article 41. Functions of the Consumer Sectoral Conference.

Chapter II. Institutional cooperation in the field of quality training and control.

Article 42. Cooperation in the field of training.

Article 43. Cooperation in the field of quality control.

Article 44. Information on the quality of goods and services.

Article 45. Other instruments of control and promotion of the quality of goods and services.

Title IV. Sanctioning power.

Chapter I. General provisions.

Article 46. General principles.

Article 47. Competent administration.

Article 48. Replacement of the altered situation with the infringement and compensation for damages.

Chapter II. Infringements and penalties.

Article 49. Infringements on the defence of consumers and users.

Article 50. Graduation of sanctions.

Article 51. Penalties.

Article 52. Ancillary sanctions.

Title V. Judicial and extrajudicial procedures for the protection of consumers and users.

Chapter I. Actions for cessation.

Article 53. Cessation actions.

Article 54. Legitimization.

Article 55. Actions for cessation in another Member State of the European Union.

Article 56. Printability of cessation actions.

Chapter II. Arbitration of Consumer System.

Article 57. Arbitration of Consumer System.

Article 58. Submission to the Consumer Arbitration System.

Book Second. Contracts and guarantees.

Title I. Contracts with consumers and users.

Chapter I. General provisions.

Article 59. Scope of application.

Article 60. Pre-contract information.

Article 61. Integration of the offer, promotion and advertising into the contract.

Article 62. Contract.

Article 63. Documentary confirmation of the procurement carried out.

Article 64. Additional documentation on the purchase and sale of homes.

Article 65. Contract integration.

Article 66. Personal appearance of the consumer.

Article 67. Connection points.

Chapter II. Right of withdrawal.

Article 68. Content and regime of the right of withdrawal.

Article 69. Obligation to report on the right of withdrawal.

Article 70. Formalities for the exercise of the right of withdrawal.

Article 71. Period for the exercise of the right of withdrawal.

Article 72. Proof of exercise of the right of withdrawal.

Article 73. Expenses related to the right of withdrawal.

Article 74. Consequences of the exercise of the right of withdrawal.

Article 75. Inability to return the benefit from the consumer and user.

Article 76. Return of sums received by the employer.

Article 77. Withdrawal of a contract linked to consumer and user financing.

Article 78. Actions for nullity or resolution.

Article 79. Contractual right of withdrawal.

Title II. General conditions and unfair terms.

Chapter I. Unnegotiated clauses individually.

Article 80. Requirements of the non-negotiated clauses individually.

Article 81. Approval and information.

Chapter II. Unfair terms.

Article 82. Concept of unfair terms.

Article 83. Nullity of unfair terms and contract integration.

Article 84. Authorization and registration of declared unfair terms.

Article 85. Unfair terms for tying the contract to the will of the employer.

Article 86. Unfair terms for limiting consumer and user basic rights.

Article 87. Unfair terms due to lack of reciprocity.

Article 88. Unfair terms on guarantees.

Article 89. Unfair terms affecting the processing and execution of the contract.

Article 90. Unfair terms on competition and applicable law.

Article 91. Contracts relating to securities, financial instruments and currencies.

Title III. Contracts concluded at a distance.

Chapter I. General provisions.

Article 92. Concept of contracts concluded at a distance.

Article 93. Exceptions.

Article 94. Commercial communications and electronic procurement.

Article 95. Brokering services.

Article 96. Commercial communications.

Chapter II. Pre-contractual information and contracts.

Article 97. Pre-contractual information.

Article 98. Written confirmation of the information.

Article 99. Need for express consent.

Article 100. Ban on unsolicited shipments.

Chapter III. Right of withdrawal.

Article 101. Right of withdrawal.

Article 102. Exceptions to the right of withdrawal.

Chapter IV. Contract execution.

Article 103. Execution and payment.

Article 104. Lack of contract execution.

Article 105. Replacement of the contracted good or service.

Article 106. Payment by card.

Title IV. Contracts concluded outside commercial establishments.

Chapter I. Application scope.

Article 107. Scope of application.

Article 108. Excluded contracts.

Article 109. Test.

Chapter II. Recruitment.

Article 110. Right of withdrawal.

Article 111. Contract documentation and right of withdrawal.

Article 112. Consequences of non-compliance.

Article 113. Joint responsibility.

Title V. Guarantees and after-sales services.

Chapter I. General provisions on guarantees for consumer products.

Article 114. General principles.

Article 115. Scope of application.

Article 116. Compliance of products with the contract.

Article 117. Action incompatibility.

Chapter II. Seller's responsibility and consumer and user rights.

Article 118. Seller's responsibility and consumer and user rights.

Article 119. Product repair and replacement.

Article 120. Legal regime for the repair or replacement of the product.

Article 121. Price markdown and contract resolution.

Article 122. Criteria for price markdown.

Chapter III. Exercise of rights by the consumer and user.

Article 123. Deadlines.

Article 124. Action against the producer.

Chapter IV. Additional commercial security, documentation obligations and after-sales services.

Article 125. Additional commercial warranty.

Article 126. Products of a durable nature.

Article 127. Repair and after-sales services.

Third Book. Liability for defective goods or services.

Title I. General provisions on liability.

Chapter I. General provisions.

Article 128. Compensation for damages.

Article 129. Scope of protection.

Article 130. Ineffectiveness of exoneration clauses or limitation of liability.

Article 131. Secure.

Chapter II. Responsibility.

Article 132. Joint responsibility.

Article 133. Intervention by a third party.

Article 134. Delay in payment of compensation.

Title II. Specific provisions on liability.

Chapter I. Damage caused by defective products.

Article 135. General principle.

Article 136. Product legal concept.

Article 137. Legal concept of defective product.

Article 138. Legal concept of producer.

Article 139. Test.

Article 140. Causes of exoneration of liability.

Article 141. Limit of liability.

Article 142. Damage to the defective product.

Article 143. Prescription of the action.

Article 144. Extinction of responsibility.

Article 145. Fault of the injured person.

Article 146. Provider responsibility.

Chapter II. Damage caused by other goods and services.

Article 147. General liability regime.

Article 148. Special responsibility regime.

Article 149. Liability for damages caused by the dwelling.

Fourth Book. Package travel.

Title I. General provisions.

Chapter I. Application scope.

Article 150. Scope of application.

Article 151. Definitions.

Chapter II. Pre-contractual information and contract formalisation.

Article 152. Package travel program and offer.

Article 153. Binding character of the offering program.

Article 154. Form and content of the contract.

Chapter III. Other consumer and user rights.

Article 155. Transfer of the reservation.

Article 156. Additional information about the package trip.

Chapter IV. Modification of the contract.

Article 157. Price revision.

Article 158. Modification of the contract.

Title II. Provisions concerning the resolution of the contract and responsibilities.

Chapter I. Contract or cancellation resolution.

Article 159. Contract resolution for cause attributable to the organizer or trip cancellation.

Article 160. Consumer and user contract resolution.

Chapter II. Non-compliance, liability and guarantees.

Article 161. Consequences of non-provision of services.

Article 162. Responsibility of the organizers and retailers.

Article 163. Guarantee of contractual liability.

Article 164. Prescribing actions.

Article 165. Sanctioning regime.

First transient disposition. Commercial guarantee.

Second transient disposition. Products of a durable nature.

Transitional provision third. Civil liability for damage caused by defective products put into circulation before 8 July 1994.

Final disposition first. Modification of amounts.

Final disposition second. Regulatory development.

Final disposition third. Applicability of the regulatory regime for infringements and penalties.

BOOK FIRST

General provisions

TITLE I

Scope and basic rights of consumers and users

CHAPTER I

Scope

Article 1. General principles.

Under the development of Article 51.1 and 2 of the Constitution which, in accordance with Article 53.3 of the Constitution, has the character of a legal principle, this rule is intended to establish the legal system of protection of consumers and users in the field of State competence.

In any case, the defense of consumers and users shall be made within the framework of the economic system designed in Articles 38 and 128 of the Constitution and subject to the provisions of Article 139.

Article 2. Scope.

This rule will apply to relationships between consumers or users and entrepreneurs.

Article 3. General consumer and user concept.

For the purposes of this rule and without prejudice to the provisions expressly provided for in the third and fourth books, consumers or users are the natural or legal persons acting in an area other than a business or professional.

Article 4. Concept of employer.

For the purposes of this rule, any natural or legal person acting within the framework of his business or professional activity, whether public or private, is considered to be an employer.

Article 5. Producer concept.

Without prejudice to Article 138, for the purposes of this rule, the manufacturer of the good or the service provider or his intermediary, or the importer of the goods or services in the service, is considered a producer. territory of the European Union, as well as any person who is present as such by indicating in the good, whether in the packaging, the wrapping or any other element of protection or presentation, or service his name, mark or other distinguishing sign.

Article 6. Product concept.

Without prejudice to the provisions of Article 136, for the purposes of this rule, it is all good furniture as provided for in Article 335 of the Civil Code.

Article 7. Vendor concept.

For the purposes of this rule, the supplier who supplies or distributes products on the market is a supplier, regardless of the title or contract under which he or she makes such a distribution.

CHAPTER II

Basic consumer and user rights

Article 8. Basic rights of consumers and users.

These are the basic rights of consumers and users:

a) Protection from risks that may affect your health or safety.

b) The protection of their legitimate economic and social interests; in particular, the inclusion of unfair clauses in contracts.

c) Compensation for damages and compensation for damages suffered.

d) The right information about different goods or services and education and outreach to facilitate knowledge about their proper use, consumption or enjoyment.

e) The hearing in consultation, the participation in the procedure of elaboration of the general provisions that directly affect them and the representation of their interests, through the associations, groupings, federations or legally constituted consumer and user confederations.

f) The protection of their rights through effective procedures, especially in situations of inferiority, subordination and defensiveness.

Article 9. Common use goods and services.

Public authorities will primarily protect the rights of consumers and users when they are directly related to common, ordinary and common goods or services.

Article 10. The disabilitability of the rights recognized to the consumer and user.

The prior waiver of the rights that this rule recognizes to consumers and users is void, also being null and void the acts performed in fraud of law in accordance with the provisions of article 6 of the Civil Code.

CHAPTER III

Health and safety protection

Article 11. General duty of security.

1. The goods or services placed on the market must be safe.

2. Goods or services which, under normal or reasonably foreseeable conditions of use, including their duration, are deemed to be of no risk to the health or safety of persons, or only the minimum risks compatible with the use of the good or service and considered admissible within a high level of protection of the health and safety of persons.

Article 12. Information to consumers and users about the risks of goods or services.

1. Employers shall inform the consumer and the user, by appropriate means, of the risks which may arise from the foreseeable use of the goods and services, having regard to their nature, characteristics, duration and the persons to whom they are intended, in accordance with the provisions of Article 18 and regulatory standards which are applicable.

2. Chemical products and all articles which contain substances classified as dangerous in their composition must be packed with the appropriate safety guarantees and must be shown in a visible manner to indicate the risk of their handling.

Article 13. Other specific obligations for the protection of the health and safety of consumers and users.

Any employer who intervenes in the provision of goods and services to consumers and users shall be bound, within the limits of their respective activity, to respect the following rules:

(a) The prohibition of having or storing products that are not legally permitted or prohibited, in the premises or facilities of production, processing, storage or transport of food or beverages.

(b) The maintenance of the necessary control so that the origin, distribution, destination and use of potentially unsafe goods, containing substances classified as classified as hazardous or subject to traceability obligations.

(c) The prohibition on the sale of beverages and foodstuffs, without prejudice to the distribution, distribution or supply of those purchased or ordered by consumers and users in commercial establishments approved for sale to the public, and to the authorisation scheme for direct home sales which are traditionally practised in certain areas of the national territory.

(d) Compliance with the regulations established by local authorities or, where appropriate, the Autonomous Communities on the cases, modalities and conditions under which the ambulatory sale of beverages and food may take place.

e) The prohibition of the supply of goods that lack the mandatory security marks or the minimum data to identify the person responsible for the good.

(f) the obligation to withdraw, suspend or recover from consumers and users, by means of effective procedures, any goods or services which do not comply with the conditions and requirements or which, for any other reason, pose a foreseeable risk to the health or safety of people.

g) The prohibition of importing products that do not comply with this rule and provisions that develop it.

(h) The requirements for the control of manufactured products liable to affect the physical safety of persons, with due regard to repair and maintenance services.

i) The prohibition of the use of ingredients, materials and other elements likely to generate risks to the health and safety of persons. In particular, the prohibition on the use of such materials or elements in the construction of public housing and public use.

Article 14. Regulations on goods and services.

1. Regulatory regulations for the different goods and services shall determine, as far as is necessary to ensure the health and safety of consumers and users:

a) The concepts, definitions, nature, characteristics, and classifications.

(b) The conditions and requirements of the facilities and of the qualified personnel to serve them.

c) The usual procedures or treatments of manufacture, distribution and marketing, permitted, prohibited or subject to prior authorization.

d) Specific rules on labelling, presentation and advertising.

e) Essential safety requirements, including those relating to composition and quality.

f) The official methods of analysis, sampling, quality control and inspection.

g) Warranties, Responsibilities, Violations, and Sanctions.

h) The authorization, record, and review regime.

2. In order to ensure the protection of the health and safety of consumers and users, the competent public authorities may provide for measures which are proportionate in any of the stages of production and marketing of goods. and services, in particular with regard to their control, surveillance and inspection.

Article 15. Administrative actions.

1. In the event of a risk to the health and safety of consumers and users, the competent public authorities may take the necessary and proportionate measures for the disappearance of the risk, including intervention direct on things and direct compulsion on people. In these cases, all expenditure incurred shall be borne by the person who, with his conduct, has incurred them, irrespective of the penalties which, if any, may be imposed. The charge of such expenditure and penalties may be carried out by the administrative procedure for the award.

2. Public administrations, taking into account the nature and seriousness of the risks identified, may inform consumers and users affected by the most appropriate means in each case of the risks or irregularities, or the service concerned and, where appropriate, the measures taken, as well as the precautions to be taken, both to protect themselves from the risk, and to achieve their collaboration in the elimination of their causes.

3. Those responsible for the coordination of the state information exchange systems integrated in the European alert systems will carry out the communications they receive to the customs authorities when, according to the information provided in the communications, the products or services alerted come from third countries.

Article 16. Extraordinary measures in situations of urgency and need.

On an exceptional basis, in situations of extreme gravity that will determine an indiscriminate aggression against the health and safety of consumers and users in more than one autonomous community, the government will be able to the time needed to stop the situation, an organ in which the affected autonomous communities, which will take over, the administrative powers entrusted to it to ensure health and safety, will be actively involved. of the persons, their economic and social interests, the reparation of the damages suffered, the requirement of responsibility and the publication of the results.

CHAPTER IV

Right to information, training and education

Article 17. Information, training and education of consumers and users.

1. The public authorities, in the field of their respective competences, shall encourage the training and education of consumers and users, ensure that they have the necessary information for the effective exercise of their rights and ensure that (a) be provided with understandable information on the proper use and consumption of the goods and services placed at their disposal on the market.

2. The social media of state public ownership will dedicate spaces and programs, not advertising, to the information and education of the consumers and users. In such spaces and programmes, in accordance with their content and purpose, the access or participation of consumer and representative consumer associations and other interested groups or sectors shall be facilitated in the manner agreed with such means.

Article 18. Labelling and presentation of goods and services.

1. The labelling and presentation of the goods and services and the procedures to be carried out must be of such a nature as not to mislead the consumer and user, in particular:

(a) The characteristics of the good or service and, in particular, its nature, identity, qualities, composition, quantity, duration, origin or provenance and method of manufacture or production.

b) Attributing to the good or service effects or properties that you do not own.

c) Suggesting that the good or service has particular characteristics, when all similar goods or services have the same characteristics.

2. Without prejudice to the specific requirements to be laid down in regulation, all goods and services made available to consumers and users must, in the latter case, be incorporated, accompanied or, in the latter case, clearly and easily understood, accurate, effective and sufficient information on its essential characteristics, in particular on the following:

a) Name and full address of the producer.

b) Nature, composition and purpose.

c) Quality, quantity, category or usual or commercial denomination, if they have it.

(d) Date of production or supply and lot, where it is legally enforceable, recommended period for use or consumption or expiry date.

e) Instructions or indications for correct use or consumption, warnings and foreseeable risks.

3. Without prejudice to the exceptions provided for in law or regulation, the compulsory labelling and presentation of goods or services marketed in Spain must appear, at least, in Spanish, the official Spanish language of the Status.

4. The offer, promotion and false or misleading advertising of goods and services will be pursued and sanctioned as fraud. Consumer associations will be entitled to initiate and intervene in the legally-empowered procedures to make them cease.

CHAPTER V

Protecting the legitimate economic interests of consumers and users

Article 19. General principle.

The legitimate economic and social interests of consumers and users must be respected in the terms set out in this standard, and should also be applied in civil, commercial and other rules. Community, state and regional authorities resulting from implementation.

Article 20. Promotions.

The use of contests, sweepstakes, gifts, vouchers-prizes or the like, as methods linked to the offer, promotion or sale of certain goods or services, will be subject to specific regulation, establishing the conditions of the transparency in which the protection of the legitimate economic interests of consumers and users should be produced and, where appropriate, ensured.

Article 21. Check regime and customer support services.

1. The system of verification, claim, guarantee and possibility of waiver or return established in the contracts, must allow the consumer and user to ensure the nature, characteristics, conditions and usefulness or purpose of the or service; it can claim effectively in case of error, defect or deterioration; it can make effective the guarantees of quality or level of supply offered, and obtain the fair return of the market price of the good or service, total or partially, in the event of non-compliance or defective compliance.

The return of the price of the product shall be total in the case of non-conformity of the product with the contract, in the terms provided for in Title V of book II.

2. The offices and services of information and customer service that the companies make available to the consumer must ensure that the consumer is aware of their complaints and complaints. If such services use telephone or electronic attention to carry out their duties, they must ensure direct personal attention, beyond the possibility of using other technical means in addition to their scope.

TITLE II

Right of representation, consultation and participation and legal status of consumer and user associations

CHAPTER I

Basic legal framework for consumer and user associations

Article 22. Object.

This title aims to adopt, as provided for in Article 1.3 of the Organic Law 1/2002, of 22 March, regulating the right of association, the basic regime of consumer associations and regulation specifies to which the associations of consumers and users of supra-regional scope are subject.

Article 23. Concept and purposes.

1. It is consumer and user associations which are non-profit organisations which, in accordance with the provisions of the legislation on associations and meeting the specific requirements laid down in this rule and its implementing rules, are associations of consumers and users. (a) in the case of the autonomous legislation applicable to them, the purpose of which is to defend the legitimate rights and interests of consumers, including their information, training and education, either in general or in relation to their with certain goods or services.

Consumer and user associations are also the entities incorporated by consumers in accordance with the legislation of cooperatives, which respect the basic requirements required by this standard and between whose purposes it appears, necessarily, the education and training of their partners, and are obliged to set up a fund with such an object, according to their specific legislation.

2. Consumer and user associations may be integrated into unions, federations or confederations which have identical purposes and meet the specific requirements required by this rule.

3. Consumer and user associations must act in order to achieve their aims independently of market operators and public authorities, without obtaining subsidies or other public resources granted on the basis of the criteria of objectivity may merit such independence.

Article 24. Legitimization of consumer and user associations.

1. The associations of consumers and users set up in accordance with the provisions of this Title and the autonomous rules applicable to them are the only ones entitled to act in the name and representation of the general interests of the consumers and users.

Associations or cooperatives which do not meet the requirements of this title or the autonomous rules applicable to them may only represent the interests of their associates or of the association, but not the general, collective or diffuse interests of consumers.

2. For the purposes of Article 11.3 of the Law on Civil Procedure, they shall have the legal status of consumer associations and representative users who are members of the Consumers and Users Council, except in the field of The territorial conflict will primarily affect an autonomous community, in which case it will be subject to its specific legislation.

Article 25. Exclusive use of the consumer and user association name.

It is prohibited to use the terms consumer or user, the name of association of consumers and users or any other similar expression that leads to error or confusion about its nature or its legitimacy for the defense of the rights and interests of consumers and users, those organisations which do not meet the requirements laid down in this rule or in the autonomous rules applicable to them.

Article 26. Loss of consumer and user association condition.

Consumer and user associations which incur any of the prohibitions laid down by the legislation which they are applying to them shall, in any event and for a period of not less than the following five years, lose their which ceased to be present, their status as an association of consumers and users.

CHAPTER II

Independence and transparency of consumer and user associations

Article 27. Independence requirements.

In compliance with the duty of independence, in particular, consumer associations will not be able to:

a) Include as partners with profit-making legal persons.

b) To receive financial or financial aid from the undertakings or group of undertakings supplying goods or services to consumers or users.

They will not have the consideration of financial aid for the contributions that are made in the conditions of transparency established in this standard and regulations, do not merit the independence of the association and have their origin in the collaboration agreements or agreements regulated in this chapter.

c) Perform commercial communications of goods and services.

For these purposes, commercial communication means any act, conduct or manifestation, including advertising, not merely informative, that relates directly to the promotion or sale of goods and services.

(d) Authorising the use of its name, image or any other representative sign in commercial advertising carried out by market operators, or not performing the actions intended to prevent such use, from the time when this conduct is known.

For these purposes market operators shall not be considered as commercial companies in which the consumer associations participate in the terms referred to in the following Article.

e) To engage in activities other than the defence of the interests of consumers or users, except as provided for in the second paragraph of Article 23.1.

f) Failure to comply with the transparency obligations provided for in Articles 29 to 31, inclusive.

g) Act the organization or its legal representatives with manifest recklessness, judicially appreciated.

h) Incompliance with any other obligation imposed on consumer and user associations, legal or regulatory.

Article 28. Participation in commercial companies.

1. Consumer associations may participate in commercial companies provided that they meet the following requirements:

(a) As an exclusive social object, the development of specifically defined instrumental activities that serve the purposes of information, training, and defense of consumers and users.

(b) Their share capital is fully applicable to consumer associations which meet the requirements of the legislation which is applicable to them and whose benefits are only shared among consumer associations. participating in the social capital.

These commercial companies are subject to the prohibitions provided for in the previous article and to the obligation to deposit their accounts, which in any case must conform to the rules applicable to them according to their nature, at the National Institute of Consumption in accordance with the provisions of Article 31.

2. The associations of consumers who participate in their social capital in the terms provided for in this Title shall be responsible for the compliance of these companies with the provisions of this Title, and may, where appropriate, derive from the loss of the consumer association condition.

Article 29. Definition of the framework for collaboration with market operators.

1. By way of a statutory or by agreement adopted in general assembly, the associations of consumers and users will define, with full respect to that established in this norm, which is the legitimate framework of their collaboration with the operators of the market of any (a) sector of activity, in the defence of consumer rights and fair competition, as well as the cases in which agreements or agreements may be concluded with them, their scope and the way they are to be used.

2. The statutes or general assembly agreements in which this framework of collaboration with the market operators of supra-regional associations is established shall be deposited with the National Institute of Consumption and the Secretariat of the Consumer and User Advice.

Article 30. Collaboration agreements or agreements.

Partnership agreements or agreements, of temporary or indefinite duration, of associations of consumers and users with undertakings, groups or associations of undertakings, foundations or any non-profit organisation must meet the following requirements:

(a) To have the sole purpose of developing specific information, training, and defense projects for consumers and users, improving their market position.

b) Respect the principles of independence and transparency.

(c) Consist of the performance of actions, works, studies or publications of general interest to consumers and users.

d) To be deposited, as well as their modifications, extensions or complaints, at the National Institute of Consumption and the Secretariat of the Council of Consumers and Users.

Article 31. Deposit of annual accounts.

The entity's annual accounts shall be deposited with the National Consumer Institute within one month of the day following the date of its approval by the corresponding statutory bodies.

Such annual accounts, consisting of the balance sheet, the profit and loss account and the memory, shall be made in accordance with the rules for the adaptation of the General Accounting Plan to non-profit entities approved by Article 1 of Royal Decree 776/1998 of 30 April 1998.

Article 32. Advertising of information deposited by consumer and user associations.

1. The information deposited by the consumer and user associations referred to in the preceding articles shall be public.

2. The time-limits, conditions and additional requirements for the deposit and access obligations under this Article may be laid down.

CHAPTER III

State Registry of Consumer and User Associations

Article 33. State Registry of Consumer and User Associations.

1. The associations of consumers and users of the state and all those who do not carry out their functions in the field of an autonomous community must be registered in the State Register of Associations of Consumers and Users who are managed at the National Consumer Institute.

After your name, these consumer and user associations will indicate your registration number.

2. Compliance with the requirements laid down in Chapters I and II of this Title shall be an essential condition for access to the registration in the State Registry of Associations of Consumers and Users.

By way of derogation from the previous paragraph, the minimum requirements for territorial implementation, the number of partners and the activities to be developed which must be accredited by the associations shall be laid down. of consumers and users for registration in the State Registry of Consumer Associations and Users.

Article 34. Control of the requirements required for registration.

The National Consumer Institute may ask consumer associations and users to apply for registration in the State Registry of Consumer Associations and Users or those already registered in the State Register, as much documentation and information is accurate to verify compliance and maintenance of the requirements required in this title.

You can also perform, by itself or through hiring with external and independent entities, accounts audits for the same purpose.

Article 35. Exclusion from the State Register of Consumer and User Associations.

1. The implementation by consumer and user associations registered in the State Register of Associations of Consumers and Users of any of the actions prohibited by Articles 23.3 and 27 shall result in their exclusion from such registration, after processing of the prescribed administrative procedure.

2. The decision to exclude the State Registry of Associations of Consumers and Users shall determine the loss of this condition, in any event, and for a period of not less than five years from the date of exclusion, without prejudice to maintenance of their legal personality under the general law of associations or cooperatives.

Article 36. Collaboration with the Autonomous Registers.

1. The exclusive advertising effects in the State Register of Consumer Associations and Users may include information on the associations of consumers registered in the registers which, for this purpose, may be set up in the Autonomous communities.

2. The National Consumer Institute shall cooperate with the Autonomous Communities so that the information referred to in the above paragraph is included in the State Register of Consumer and User Associations and will provide them with information on the consumer associations at national level or who do not primarily develop their functions in the field of an autonomous community registered in it.

CHAPTER IV

Representation and Query

Article 37. Rights of consumer and user associations.

Consumers ' associations and users of supra-regional scope, legally constituted and registered in the State Registry of Associations of Consumers and Users will be entitled, in terms of legal or rules are determined, to:

a) Be declared public utility.

b) Receipt of aid and public subsidies.

(c) Represent, as an association of consumers and users, their associates and exercise the corresponding actions in defence of the same, of the association or of the general, collective or diffuse interests, of the consumers and users.

d) Enjoy the right of free legal assistance in the form provided for in Law 1/1996 of January 10, of Free Legal Assistance.

e) Integrate, in the terms that are regulated, in the Consumer and Users ' Council.

Article 38. Consumer and User Advice.

1. As a national body for the consultation and institutional representation of consumers and users through their organisations, the Consumer and Users ' Council will integrate consumer and user associations of the supra-regional area which, taking into account their territorial implementation, number of partners, path in the field of consumer protection and users and programmes of activities to be developed, are more representative.

The composition and functions of the Consumers and Users Council will be determined.

2. The Administration will foster collaboration between the Consumer and Consumer Council and consumer associations that integrate it with employers ' organizations.

3. The Consumers and Users Council will articulate mechanisms of cooperation with the bodies of consultation and representation of consumers constituted by the autonomous communities. Through the mechanisms set up by the Consumers 'and Users' Council, this and the respective consultative bodies will be able to collaborate in the preparation of the opinions requested for them in the process of hearing.

Article 39. Hearing in consultation in the process of drawing up the general provisions.

1. The Consumers 'and Users' Council shall be heard in consultation, in the procedure for drawing up general state-wide provisions relating to matters directly affecting consumers and users.

2. Your hearing will be required in the following cases:

a) Regulations implementing this rule.

b) Regulations on goods or services for use and consumption.

c) Ordination of the internal market and market discipline.

d) Prices and rates of services, as soon as they directly affect consumers or users, and are legally subject to the control of public administrations.

(e) General conditions of contracts or models of contracts regulated or authorised by public authorities in services of general interest or provided to consumers by public undertakings.

f) In other cases where a law so establishes.

3. The business associations shall be heard in consultation in the procedure for drawing up the general provisions relating to matters directly affecting them.

Your hearing will be required in the assumptions contained in paragraphs (a), (b), (c) and (f) of the previous paragraph.

4. Such a mandatory hearing procedure shall be deemed to be fulfilled where the associations concerned are represented in the collegiate bodies involved in the preparation of the provision. In other cases, the notification or communication shall be addressed to the relevant federation or business group.

TITLE III

Institutional Cooperation

CHAPTER I

Consumer Sectoral Conference

Article 40. Consumer Sector Conference.

1. The Consumer Sectoral Conference, chaired by the Minister of Health and Consumer Affairs, which is composed of the Minister of Health and Consumer Affairs, and the members responsible for this matter in the autonomous communities, is the highest institutional cooperation body of the State with the Autonomous communities.

2. Without prejudice to the participation of the State-wide association of local entities with greater implementation in the Sectoral Consumer Conference, as provided for in Article 5.4 of Law 30/1992, of 26 November, the Ministry of Health and Consumer Affairs will promote institutional cooperation with local authorities through this association, establishing, in its case, permanent bodies of institutional cooperation, in accordance with the provisions of the regulations of the bases of local speed.

Article 41. Functions of the Consumer Sectoral Conference.

These are the functions of the Consumer Sectoral Conference:

(a) Serve as a means of collaboration, communication and information between the Autonomous Communities and the General Administration of the State in terms of consumption.

b) Approve the common criteria for action and coordination, as well as the proposals in relation to the policy of the sector.

c) Approve joint plans, projects, and programs.

d) To make effective the participation of autonomous communities in European Community affairs in the field.

e) Facilitate reciprocal information on consumption, design common statistics, and make available to citizens data from the state statistics obtained by it.

f) Cooperate and drive national inspection and control campaigns.

g) Promote the enactment of the appropriate consumer legislation or its reform and inform, where appropriate, the regulatory provisions on the matter.

h) Set performance criteria when multiple stand-alone communities are competent.

i) Schedule the rational use of material means of possible common use.

j) Articulate a system for training and perfecting personnel with specific tasks in the field of consumption.

k) How many other functions will you attribute to the current legislation.

CHAPTER II

Institutional cooperation in the field of training and quality control

Article 42. Cooperation in the field of training.

At the Consumer Sectoral Conference and its institutional cooperation bodies, measures to promote training and education in the field of consumption may be agreed upon:

a) Educators.

(b) Personnel in the service of competent public administrations in the field of consumption, in particular those who develop functions of management, inspection, quality control and information.

c) The staff providing services in consumer and user associations and in business organizations.

(d) Entrepreneurs who, directly or indirectly, develop their activity in the field of consumption.

Article 43. Cooperation in the field of quality control.

The institutional cooperation bodies with the autonomous communities, competent for the matter, may agree to carry out programmed campaigns or actions of market control, directly or in collaboration with consumer and user associations, in particular in relation to:

(a) Common, ordinary and widespread use or consumption goods and services.

b) Goods and services that reflect a higher degree of incidences in statistical or epidemiological studies.

(c) goods or services in respect of which there is a higher number of complaints or where, by the nature of such claims, it can be reasonably deduced that there are particularly harmful situations for the rights of consumers and users or affect especially vulnerable groups.

(d) Goods and services that are the subject of specific research programmes.

e) Those other goods or services in which it is agreed upon in the light of its characteristics, its special complexity or any other reason of opportunity.

Article 44. Information on the quality of goods and services.

1. The results of the market studies and the control campaigns or actions carried out by them may be made public by the competent public administrations.

2. Except for health and safety reasons, the research centres of the General Administration of the State which are involved in the control of the quality of the goods and services may disclose or authorise the disclosure of the specific data on goods or services obtained in the studies, analyses or quality checks carried out by them, in any of the following circumstances:

a) Exists express compliance of the employer who supplies the corresponding goods or services.

(b) The results obtained have served as a basis for the imposition of a firm administrative penalty.

(c) The results obtained reflect defects or excesses that exceed the statutory rates or margins of tolerance established and their verification has been facilitated as a guarantee for the persons concerned or who have given up same.

d) The data to be disclosed, reflect results on composition, quality, presentation, or any other similar, within the regulated rates or margins of tolerance.

3. In the cases referred to in paragraphs (a), (c) and (d) of the preceding paragraph, before the publication of the results of the studies, tests, analyses or quality checks has been authorised, the time limit of 10 days shall be given to the producers involved.

4. Where the data the disclosure of which is intended have been obtained at the request of another public administration, the results obtained shall not be published if there is express opposition to it.

Article 45. Other instruments of control and promotion of the quality of goods and services.

The Consumer Sectoral Conference and its institutional cooperation bodies will be able to agree:

(a) The development of market research programmes, by means of comparative analyses of goods and services which meet the requirements of such comparative analyses to be established. In any event, it should ensure the rights of the parties concerned.

b) The performance of a statistical analysis of complaints and complaints raised by consumers and users in the territory of the State.

(c) The requirements to be accredited by entrepreneurs deserving of state-wide awards or quality flags.

TITLE IV

sanctioning power

CHAPTER I

General provisions

Article 46. General principles.

1. The competent public authorities, in the use of their sanctioning powers, shall sanction the conduct established as an infringement in the defence of consumers and users, without prejudice to the civil, criminal or legal responsibilities of the public authorities. other order that may be present.

2. The criminal proceedings before the Courts of Justice shall suspend the processing of the administrative file of penalties which has been initiated by the same facts and, where appropriate, the effectiveness of the administrative acts of taxation of sanction. The administrative measures that would have been taken to safeguard the health and safety of persons shall be maintained as long as the judicial authority decides on them.

In no case will there be a double penalty for the same facts and according to the same protected public interests, even if the other responsibilities that are deducted from other facts or infractions must be demanded concurrent.

Article 47. Competent administration.

1. The Spanish authorities which are competent in each case shall penalise infringements in the field of the defence of consumers and users committed in Spanish territory irrespective of nationality, domicile or place of residence. radiate the premises of the person responsible.

2. Infringements shall be construed as being committed in any of the places where the actions or omissions constituting the acts are carried out and, in addition, except in the case of infringements relating to the requirements of establishments and facilities or staff, in all those where the injury or risk to the interests of consumers and users protected by the sanctioning standard is expressed.

3. The competent authorities in the field of consumption shall also sanction the conduct of a type of conduct in the field of consumer protection and users of the business owners of the sectors with specific regulation.

Article 48. Replacement of the altered situation with the infringement and compensation for damages.

As provided for in Article 130.2 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the sanctioning procedure may require the (a) the replacement of the situation altered by the infringement to its original state and, where appropriate, the compensation for damage and damage proven to the consumer which will be determined by the competent body to impose the penalty; notified to the infringer so that within one month it will be satisfied, remaining, of not thus, issue the judicial route.

CHAPTER II

Violations and penalties

Article 49. Infringements on the defence of consumers and users.

1. These are consumer and user rights violations:

(a) Non-compliance with the requirements, conditions, obligations or prohibitions of a health nature.

(b) Actions or omissions that result in risks or effective damage to the health or safety of consumers and users, whether in a conscious or deliberate manner, or due to the abandonment of due diligence and precautions in the the activity, service or installation concerned.

(c) Failure to comply with or breach of prior requirements, in particular for the competent authorities for specific situations, in order to avoid contamination, circumstances or otherwise harmful behaviour which may be seriously harmful to public health.

d) Alteration, adulteration or fraud in goods and services susceptible to consumption by addition or subtraction of any substance or element, alteration of its composition or quality, non-compliance with the conditions that they correspond to their nature or the guarantee, arrangement or repair of products of a lasting nature and in general any situation which leads to deception or confusion or which prevents the true nature of the good or service from being recognised.

e) Failure to comply with the regulatory price rules, the unjustified imposition of conditions on unsolicited benefits or minimum amounts or any other type of intervention or unlawful action involving a increase in prices or trade margins.

(f) Non-compliance with the rules relating to registration, standardisation or typing, labelling, packaging and advertising of goods and services.

g) Non-compliance with safety provisions as they affect or may pose a risk to consumers and users.

h) The obstruction or refusal to supply data or to facilitate the functions of information, surveillance or inspection.

i) The introduction of unfair terms in contracts.

(j) the unjustified limitations or requirements of the consumer's right to terminate the contracts for the provision of services or supply of products from the successive or continuing tract, the obstruction to the exercise of such a right the consumer through the agreed procedure, the lack of foresight of this or the lack of communication to the user of the procedure to unsubscribe in the service.

k) In general, non-compliance with the requirements, obligations or prohibitions set out in this standard and provisions that develop it.

2. They are infringements in the field of consumer and user protection in distance and off-premises procurement:

(a) Failure to comply with the arrangements for contracts concluded outside commercial establishments.

b) Failure to comply with the obligations imposed by the regulation on distance contracts in the field of information and documentation to be supplied to the consumer and the user, the time-limits for implementation and the time-limits of amounts paid, the shipment, with claim of recovery, of shipments not requested by the consumer and user and the use of communication techniques that require prior express consent or the lack of opposition of the consumer and user, when not the corresponding circumstance is present.

Article 50. Graduation of the infractions.

1. Infringements may be classified by public authorities as minor, serious and very serious, taking into account the health risk criteria, the position on the market of the infringer, the amount of the benefit obtained, the degree of intentionality, severity of the social alteration produced, generalization of the infringement and recidivism.

2. The offences referred to in paragraph 2 of the previous Article shall in any event be considered to be serious infringements, where there is a very serious infringement or the turnover of the turnover referred to in the infringement is greater than EUR 601,012,10.

Article 51. Penalties.

1. Infringements in the field of consumer and user protection provided for in this standard shall be sanctioned by the competent public authorities with fines in accordance with the following graduation:

a) Minor infractions, up to EUR 3,005.06.

(b) Serious infractions, between EUR 3,005,07 and EUR 15,025,30, and may exceed that amount up to five times the value of the goods or services covered by the infringement.

(c) Very serious infractions, between EUR 15,025,31 and EUR 601,012,10, being able to exceed that amount until the value of the goods or services that has been infringed is reached.

2. In the case of very serious infringements, the competent public administration may agree to the temporary closure of the establishment, installation or service for a maximum period of five years. In such a case, labour law shall apply in relation to the obligations of the undertaking vis-à-vis workers.

3. The closure or closure of establishments, facilities or services which do not have the necessary authorisations or health records, or the suspension of their operation until the defects are rectified or the requirements are met For reasons of health, hygiene or safety and the withdrawal of the precautionary or definitive market of goods or services for reasons of health and safety, they do not have the character of sanction.

Article 52. Ancillary sanctions.

The competent public administration may agree, as ancillary sanctions, in the face of consumer and user protection violations provided for in this rule:

(a) Confiscation of the adulterated, damaged, counterfeit, fraudulent, unidentified or liable risk for the consumer and user.

The costs arising from the measures taken in the preceding paragraph, including, inter alia, those arising from transport, distribution and destruction, shall be on behalf of the infringer.

(b) The advertising of the penalties imposed, when they have acquired firmness on an administrative basis, as well as the names, names, names or social reasons of the natural or legal persons responsible and the nature and nature of the of the infringements, provided that there is a risk to the health or safety of consumers and users, to a repeat offence of a similar nature or to an intentional infringement.

TITLE V

Judicial and extrajudicial procedures for the protection of consumers and users

CHAPTER I

Cessation Actions

Article 53. Cessation actions.

The cessation action is directed to obtain a sentence that condemns the defendant to cease in the conduct and to prohibit his future reiteration. The action may also be exercised in order to prohibit the conduct of a conduct where the conduct has been completed at the time of the exercise of the action, if there is sufficient evidence to cause the action to be repeated in an immediate manner.

For the purposes of this chapter, it is also considered to be contrary to this rule in terms of unfair terms the recommendation for the use of unfair terms.

Article 54. Legitimization.

1. In the case of conduct contrary to the provisions of this standard in terms of unfair terms, contracts concluded outside the market, distance selling, guarantees for the sale of products and travel combined, they shall be legitimized to exercise the cessation action:

(a) The National Institute of Consumption and the corresponding bodies or entities of the Autonomous Communities and of the relevant local consumer and user defence corporations.

(b) Consumer and user associations meeting the requirements set out in this standard or, where appropriate, in the autonomous legislation on consumer and user protection.

c) The Fiscal Ministry.

(d) the entities of other Member States of the European Community constituted for the protection of collective interests and the diffuse interests of consumers and users who are entitled by their inclusion in the a list published for that purpose in the Official Journal of the European Communities.

The Judges and Courts shall accept such a list as evidence of the ability of the entity to be a party, without prejudice to examining whether the purpose of the entity and the interests involved legitimize the exercise of the action.

2. All the entities referred to in the previous paragraph may be personified in the processes promoted by any other entity, if they deem it appropriate for the defence of the interests they represent.

3. The legitimation for the exercise of the action of cessation in relation to the other conduct of employers contrary to the present rule that damages collective interests or diffuse interests of the consumers and users, will be governed by the provisions of the Article 11 (2) and (3) of Law 1/2000 of 7 January of Civil Procedure.

They will also be legitimized for the exercise of this action:

(a) The National Institute of Consumption and the corresponding bodies or entities of the Autonomous Communities and of the relevant local consumer protection corporations.

b) The Fiscal Ministry.

Article 55. Actions for cessation in another Member State of the European Union.

1. The National Consumer Institute and the corresponding bodies or entities of the autonomous communities and local authorities responsible for the protection of consumers and users may bring proceedings for cessation in another State. Member of the European Community, where they are included in the list published in the Official Journal of the European Communities.

The Ministry of Justice shall notify the European Commission of each of these entities, with its name and purpose, upon request of those bodies or entities, and shall forward that notification to the National Institute of Consumption.

2. The consumer and user associations present in the Consumers 'and Users' Council may bring proceedings for cessation in another Member State of the European Community where they are included in the list published in the Official Journal of the European Communities. European Communities ", with the request of the National Institute of Consumption for incorporation into that list.

The Ministry of Justice shall notify the European Commission of each of these entities, with their name and purpose, at the request of the National Consumer Institute.

Article 56. Printability of cessation actions.

The cessation actions provided for in this Title are not subject to the provisions of Article 19 (2) of Law No 7/1998 of 13 April 1998 on the general conditions of employment in relation to the general conditions registered in the Register of General Conditions of Employment.

CHAPTER II

Consumer Arbitration System

Article 57. Arbitration of Consumer System.

1. The Consumer Arbitration System is the extra-judicial system of resolution of conflict resolution between consumers and users and the business owners through which, without special formalities and binding and executive for both parties, consumer and user complaints are resolved, provided that the conflict is not seen on intoxication, injury or death or there are rational indications of crime.

2. The organization, management and administration of the Arbitration System of Consumption and the procedure for the resolution of conflicts will be established in a regulation by the Government. Such a regulation may provide for a decision on equity, unless the parties expressly opt for arbitration of law, the procedure through which electronic arbitration shall be administered, the cases in which an arbitration may be brought complaint to the National Arbitration Board in respect of the decisions of the territorial arbitration boards on the admission or inadmissibility of the requests for arbitration and the cases in which a sole arbitrator in the administration of the arbitration of consumption.

3. The arbitration bodies shall be composed of representatives of the business sectors concerned, consumer and user organisations and public administrations.

4. The arbitration agreements with consumers other than the consumer arbitration provided for in this article may only be agreed upon after the material conflict or controversy has arisen between the parties to the contract, except in the case of submission to institutional arbitration bodies created by statutory or regulatory standards for a sector or a specific case.

The agreed arbitration agreements contravening the provisions of the preceding paragraph will be null.

Article 58. Submission to the Consumer Arbitration System.

1. The submission of the parties to the Consumer Arbitration System shall be voluntary and shall be expressly stated, in writing, by electronic means or in any other form legally admitted to the agreement.

2. The arbitration agreements and the public offers of accession to the arbitration of consumption formalized by those declared in the competition of creditors shall be without effect. To this end, the order of the declaration of contest shall be notified to the organ through which the convention and the National Arbitration Board have been formalized, since then the debtor has been excluded from all the effects of the Arbitration System Consumer.

BOOK SECOND

Contracts and warranties

TITLE I

Contracts with consumers and users

CHAPTER I

General provisions

Article 59. Scope of application.

1. They are contracts with consumers and users that are made between a consumer or a user and an entrepreneur.

2. Contracts with consumers and users shall be governed, in whatever is not expressly stated in this rule or in special laws, by the legal provisions governing civil and commercial contracts.

The sectoral regulation of contracts with consumers, in any case, should respect the minimum level of protection provided in this standard.

3. Contracts with consumers and users incorporating general conditions of employment are also subject to Law 7/1998 of 13 April on general conditions of employment.

Article 60. Pre-contract information.

1. Before contracting, the employer must make available to the consumer and user in a clear, comprehensible and appropriate manner the relevant information, true and sufficient, on the essential characteristics of the contract, in

article 1 (1) (a) of Regulation (European) No No 1 of the European Parliament and of the Council

2. For such purposes, the obligations of information on the goods or services laid down in this standard and rules which are applicable and, in addition, shall be relevant:

(a) Name, social reason and full address of the person responsible for the contract offer and, where applicable, the name, social reason and the full address of the trader on whose behalf he/she acts.

b) Full price, including taxes, or budget, if any. In any information to the consumer on the price of goods or services, including advertising, the full final price shall be reported, including, where appropriate, the amount of the increases or discounts applicable to the costs incurred. they have an impact on the consumer and user and on the additional costs for ancillary services, financing or other similar payment conditions.

c) Date of delivery, contract execution, and duration.

d) The procedure that the consumer has to terminate the contract.

e) Guarantees offered.

(f) Language or languages in which the contract may be concluded, where this is not the language in which the information prior to the contract has been offered.

g) Existence of the right of withdrawal of the contract that may correspond to the consumer and user, the time and the way to exercise it.

3. Pre-contractual information should be provided to the consumer free of charge.

Article 61. Integration of the offer, promotion and advertising into the contract.

1. The supply, promotion and advertising of goods or services shall be in accordance with their nature, characteristics, utility or purpose and the legal or economic conditions of the procurement.

2. The content of the offer, promotion or advertising, the performance of each good or service, the legal or economic conditions and guarantees offered shall be enforceable by consumers and users, even if they do not expressly appear in the the contract concluded or in the document or voucher received and shall be taken into account in the determination of the principle in accordance with the contract.

3. By way of derogation from the above paragraph, if the contract concluded contains more beneficial clauses, they shall prevail over the content of the offer, promotion or advertising.

Article 62. Contract.

1. In the case of contracts with consumers, it must be unequivocally stated that they are willing to contract or, where appropriate, to terminate the contract.

2. Clauses imposing onerous or disproportionate obstacles to the exercise of the rights recognised to the consumer in the contract are prohibited in contracts with consumers.

3. In particular, in the case of contracts for the provision of services or the supply of products from the successive or continuing tract, clauses providing for excessive periods of time or limitations which exclude or impede the right of the consumer to terminate the contract.

The consumer may exercise his right to terminate the contract in the same way as he did, without any penalty or onerous or disproportionate charges, such as the loss of the amounts paid in advance, the payment of amounts for services not actually provided, the unilateral execution of the criminal clauses which would have been contractually fixed or the fixing of compensation which does not correspond to the damage actually caused.

4. Contracts for the provision of services or the supply of products from the following or continuing products shall expressly provide for the procedure by which the consumer may exercise his right to terminate the contract.

Article 63. Documentary confirmation of the procurement carried out.

1. In the case of contracts with consumers and users, proof, copy or supporting document shall be delivered with the essential conditions of the operation, including the general conditions of the procurement, accepted and signed by the consumer and user, when they are used in hiring.

2. Except as provided for in law in respect of contracts which, by legal prescription, are to be formalised in public deed, the formalisation of the contract shall be free of charge to the consumer, where the latter is legally or legally required to be documented. written or any other support of a durable nature.

Article 64. Additional documentation on the purchase and sale of homes.

In the case of dwellings whose first transmission takes place after the entry into force of this standard, the documentation provided for in the Law on the Ordination of the Edification or the Autonomous Standard resulting from the application.

Article 65. Contract integration.

Contracts with consumers will be integrated, for the benefit of the consumer, in accordance with the principle of objective good faith, also in the assumptions of omission of relevant pre-contractual information.

Article 66. Personal appearance of the consumer and user.

In the procurement with consumers and users, the personal appearance of the consumer and user cannot be made mandatory to make charges, payments or similar formalities, and must be guaranteed, in any case, act performed.

Article 67. Connection points.

1. The rules of protection against the unfair terms contained in Articles 82 to 91 shall apply to consumers and users, whatever the law of the parties to the contract, where the contract maintains a close relationship to the territory of a Member State of the European Economic Area.

It shall be understood, in particular, that there is a close link when the professional exercises his activities in one or more Member States of the European Economic Area, or by any means of advertising or communication such activities to one or more Member States and the contract is understood within the framework of those activities. Contracts relating to buildings shall also mean that there is a close link when they are situated in the territory of a Member State.

2. The rules on the protection of distance and guarantee contracts, contained in Articles 92 to 106 and Articles 114 to 126 respectively, shall apply to consumers and users, irrespective of the law chosen by the Member States. parties to govern the contract, where the contract is closely related to the territory of a Member State of the European Economic Area.

It shall be understood, in particular, that there is a close link where the good is to be used, the right to be exercised or the provision made in one of the Member States of the European Union, or the contract has been concluded in whole or in part in any of them, or one of the parties is a citizen of a Member State of the European Union or presents the legal business with any other similar connection or close link with the territory of the European Union.

CHAPTER II

Right of withdrawal

Article 68. Content and regime of the right of withdrawal.

1. The right of withdrawal of a contract is the right of the consumer and the user to terminate the contract concluded, thus notifying the other contracting party within the time limit laid down for the exercise of that right, without the need for justify their decision and without penalty of any kind.

The clauses that impose a penalty for the exercise of their right of withdrawal will be null and void for the consumer and user.

2. The consumer shall have the right to withdraw from the contract in the cases provided for in law or regulation and where he is recognised in the tender, promotion or contract.

3. The right of withdrawal legally attributed to the consumer and user will be governed in the first place by the legal provisions that establish it in each case and in its defect by the provisions of this Title.

Article 69. Obligation to report on the right of withdrawal.

1. Where the law confers the right of withdrawal to the consumer and user, the contracting employer must inform him in writing in the contract document in a clear, comprehensible and precise manner, of the right to withdraw from the contract and the requirements and consequences of their exercise, including the arrangements for the return of the goods or services received. In addition, it must provide a withdrawal document, clearly identified as such, to express the name and address of the person to whom it is to be sent and the identification details of the contract and the contractors to which it relates.

2. It is for the employer to prove compliance with the provisions of the previous paragraph.

Article 70. Formalities for the exercise of withdrawal.

The exercise of the right of withdrawal will not be subject to any formality, sufficient that it is credited in any form admitted in law. In any case it shall be considered validly exercised by sending the withdrawal document or by returning the products received.

Article 71. Period for the exercise of the right of withdrawal.

1. The consumer and user shall have at least seven working days to exercise the right of withdrawal. It shall be the law of the place where the object of the contract has been delivered or where the service is to be provided, which determines the days to be considered as working.

2. Whenever the employer has complied with the duty of information and documentation provided for in Article 69.1, the period referred to in the preceding paragraph shall be taken into account from the receipt of the goods under the contract or from the conclusion of the contract. whether the object of the contract is the provision of services.

3. If the employer has not complied with the duty of information and documentation on the right of withdrawal, the period for his financial year shall be three months from the time the contract was delivered or the contract was concluded if the the purpose of the provision of services. If the duty of information and documentation is fulfilled during the three-month period, the period legally provided for the exercise of the right of withdrawal shall begin to count from that moment.

4. The date of issue of the withdrawal declaration shall be taken into account in order to determine compliance with the withdrawal period.

Article 72. Proof of exercise of the right of withdrawal.

It is up to the consumer and user to prove that they have exercised their right of withdrawal in accordance with this chapter.

Article 73. Expenses linked to withdrawal.

The exercise of the right of withdrawal will not imply any expense for the consumer and user. For these purposes, the place where the consumer and the user has received the benefit shall be deemed to be fulfilled.

Article 74. Consequences of the exercise of the right of withdrawal.

1. If the right of withdrawal is exercised, the parties must reciprocate the benefits in accordance with the provisions of Articles 1.303 and 1.308 of the Civil Code.

2. The consumer and user will not have to reimburse any amount for the decrease in the value of the good, which is a consequence of its use according to the agreement or its nature, or by the use of the service.

3. The consumer and user shall be entitled to the reimbursement of the necessary and useful expenses that they have incurred in the good.

Article 75. Inability to return the benefit from the consumer and user.

1. The inability to return the subject matter of the contract by the consumer and user for loss, destruction or other cause shall not deprive him of the possibility of exercising the right of withdrawal.

In such cases, where the impossibility of repayment is attributable to him, the consumer and user will be liable for the market value that the benefit would have had at the time of the exercise of the right of withdrawal, except that value is higher than the acquisition price, in which case it will respond to it.

2. Where the employer has failed to fulfil the duty of information and documentation on the right of withdrawal, the impossibility of repayment shall be attributable to the consumer and user only where the consumer has omitted the due diligence required by him. their own affairs.

Article 76. Return of sums received by the employer.

When the consumer and user have exercised the right of withdrawal, the employer will be obliged to return the sums paid by the consumer and user without withholding of expenses. The return of these sums must be effected as soon as possible and, in any event, within a maximum of 30 days from the withdrawal.

After that period without the consumer and user having recovered the sum due, he will have the right to claim it, without prejudice to the fact that he is also compensated for the damages and damages caused to him exceed that amount.

It is up to the employer to load the test on the deadline.

Article 77. Withdrawal of a contract linked to consumer and user financing.

When in the contract for which the right of withdrawal is exercised, the price to be paid by the consumer and the user has been totally or partially financed by a credit granted by the contracting employer or by of a third party, with the agreement of the third party with the contraaing employer, the exercise of the right of withdrawal shall at the same time involve the resolution of the credit without any penalty for the consumer and user.

Article 78. Actions for nullity or resolution.

The lack of exercise of the right of withdrawal within the prescribed period shall not preclude the subsequent exercise of the actions of nullity or termination of the contract when they proceed in accordance with the law.

Article 79. Contractual right of withdrawal.

In the absence of specific forecasts in the offer, promotion, advertising or in the contract itself the right of withdrawal is contractually recognized, this one will be adjusted to what is foreseen in this title.

The consumer and user exercising the right of contractually recognized withdrawal will under no circumstances have any obligation to indemnify for the wear or deterioration of the good or the use of the service exclusively due to its test to make a decision on its final acquisition.

In no case may the employer require advance payment or provision of guarantees, including the acceptance of effects that guarantee an eventual compensation in his favor for the case that the right of withdrawal is exercised.

TITLE II

General conditions and unfair terms

CHAPTER I

Unnegotiated clauses individually

Article 80. Requirements of the non-negotiated clauses individually.

1. In contracts with consumers and users using non-individually negotiated clauses, including those promoted by public administrations and entities and companies of which they are dependent, they shall comply with the following: requirements:

(a) Concrete, clarity and simplicity in the drafting, with the possibility of direct understanding, without forwarding to texts or documents that are not provided prior to or at the same time as the conclusion of the contract, and to which, in any case, express reference must be made in the contract document.

(b) Accessibility and readability, in such a way as to allow the consumer and user the knowledge prior to the conclusion of the contract on their existence and content.

Without prejudice to Article 63.1, in the case of telephone or electronic procurement with general conditions, it shall be necessary for the acceptance of the contract to be made on the basis of each and every clause of the contract, without the need for a conventional signature. In this case, the consumer and user shall be sent immediately to the consumer and to the justification of the hiring made in writing or, unless the consumer and the user express opposition, in any medium of lasting nature appropriate to the technical distance communication used, where all the terms of the communication will be established. The burden of proof of compliance with this obligation corresponds to the predisposing.

The calculation of the time limit for the exercise of the right of withdrawal of the consumer and user in the telephone or electronic contracting with general conditions, in the cases in which it is regulated, will be governed by the provisions of Article 71.

c) Good faith and fair balance between the rights and obligations of the parties, which in any case excludes the use of unfair terms.

2. Where individual actions are exercised, in case of doubt as to the meaning of a clause, the most favourable interpretation to the consumer shall prevail.

Article 81. Approval and information.

1. The terms, conditions or stipulations used by public undertakings or public service concessionaires shall be subject to the approval and control of the competent public authorities, where this is provided as a requirement of validity and regardless of the consultation of the Consumers and Users Council provided for in this or other laws. All without prejudice to their submission to the general provisions of this rule.

2. The Notaries and the Registrars of Property and Mercantile, in the professional exercise of their respective public functions, will inform the consumers and users in the own affairs of their specialty and competence.

CHAPTER II

Abusive clauses

Article 82. Concept of unfair terms.

1. Unfair terms shall be considered as all non-individually negotiated stipulations and all non-consensual practices expressly that, contrary to the requirements of good faith, cause, to the detriment of the consumer and user, a significant imbalance in the rights and obligations of the parties resulting from the contract.

2. The fact that certain elements of a clause or that an isolated clause has been negotiated individually will not exclude the application of the rules on unfair terms to the rest of the contract.

The employer who claims that a given clause has been individually negotiated will assume the burden of proof.

3. The abusive nature of a clause shall be assessed taking into account the nature of the goods or services covered by the contract and considering all the circumstances at the time of its conclusion, as well as all other clauses of the contract or other of which the contract is dependent.

4. By way of derogation from the preceding paragraphs, the clauses which, in accordance with the provisions of Articles 85 to 90, both inclusive:

a) link the contract to the will of the entrepreneur,

b) limit consumer and user rights,

c) determine the lack of reciprocity in the contract,

d) impose disproportionate warranties on the consumer and user or unduly impose the burden of proof on them,

e) are disproportionate in relation to the processing and execution of the contract, or

f) contravene the rules on competition and applicable law.

Article 83. Nullity of unfair terms and contract integration.

1. The unfair terms will be null and void and will be unchallenged.

2. The part of the contract affected by the invalidity shall be integrated in accordance with the provisions of Article 1.258 of the Civil Code and the principle of good objective faith.

For these purposes, the Judge who declares the nullity of such clauses shall integrate the contract and shall have the powers of moderators in respect of the rights and obligations of the parties, when the contract is subsisting, and consequences of its ineffectiveness in the event of appreciable harm to the consumer and user.

Only when the subsist clauses determine a non-equitable situation in the position of the parties that cannot be remedied may the Judge declare the ineffectiveness of the contract.

Article 84. Authorization and registration of declared unfair terms.

The Notaries and the Registrar of Property and Mercantile, in the professional exercise of their respective public functions, will not authorize or register those contracts or legal businesses in which the inclusion of clauses declared null and void in terms of judgment entered in the Register of General Conditions of Employment.

Article 85. Unfair terms for tying the contract to the will of the employer.

The clauses linking any aspect of the contract to the will of the employer will be abusive and, in any case, the following:

1. Clauses that reserve the employer who contracts with the consumer and the user an excessively long or insufficiently determined time limit to accept or reject a contractual offer or to satisfy the provision due.

2. Clauses providing for the automatic extension of a fixed-term contract if the consumer and user do not appear to be against it, setting a deadline which will not effectively allow the consumer and user to express their will not to Extend it.

3. Clauses which reserve in favour of the employer powers of interpretation or unilateral modification of the contract, except in the latter case, which are valid grounds specified in the contract.

In contracts relating to financial services, as set out in the preceding paragraph, it is without prejudice to the clauses whereby the employer reserves the right to modify the interest rate without prior notice. due to the consumer or to the consumer, as well as the amount of other expenditure related to financial services, where those are adapted to an index, provided that they are legal indices and the mode of variation of the type, or in other cases of valid reason, provided that the employer is obliged to inform within the shortest period of time to the other Contracting Parties and the other Contracting Parties may immediately terminate the contract without any penalty.

Similarly, the terms of a financial services contract of indefinite duration may be modified unilaterally for the valid reasons expressed in the contract, provided that the employer is obliged to inform the consumer and user in reasonable time and the user has the power to terminate the contract, or, if necessary, unilaterally terminate, without prior notice in the case of valid reason, provided that the employer informs the others immediately contractors.

4. Clauses authorizing the employer to terminate in advance a fixed-term contract, if the consumer and user are not recognised as having the same power, or who have the power to terminate the contracts of indefinite duration within a period of time. disproportionately short or without prior reasonable notice.

The provisions of this paragraph do not affect the clauses in which the termination of the contract is envisaged for non-compliance or for serious reasons, other than the will of the parties, which alter the circumstances that led to the termination of the contract. conclusion of the contract.

5. Clauses determining the unconditional binding of the consumer and user to the contract even if the employer has not complied with his obligations.

6. The clauses that entail the imposition of disproportionately high compensation, to the consumer and user who does not fulfil their obligations.

7. The terms that make it conditional on a condition whose performance depends solely on the employer's willingness to comply with the benefits, when the consumer and the user have been required to make a firm commitment.

8. The clauses that entail the entry of purely indicative delivery dates conditional on the employer's will.

9. Clauses determining the exclusion or limitation of the employer's obligation to respect the agreements or commitments acquired by his or her representatives or representatives or make their commitments subject to compliance with certain formalities.

10. Clauses providing for the provision of the price at the time of the delivery of the goods or services or those granting the employer the power to increase the final price on the contract, without in both cases there are objective and non-objective reasons acknowledge the consumer and user the right to terminate the contract if the final price is much higher than the initially stipulated price.

The above paragraph shall be without prejudice to the adjustment of prices to an index, provided that such indices are legal and that the price variation mode is explicitly described in the contract.

11. The terms of the concession to the employer of the right to determine whether the goods or services are in accordance with the contract.

Article 86. Unfair terms for limiting consumer and user basic rights.

In any case, clauses that limit or deprive the consumer and user of rights recognized by dispositive or imperative rules and, in particular, those stipulations that provide for:

1. The improper exclusion or limitation of the legal rights of the consumer and user for total or partial non-compliance or defective compliance of the employer.

In particular, clauses that modify, to the detriment of the consumer and user, the legal rules on conformity with the contract of the goods or services placed at their disposal or limit the right of the consumer and user to compensation for damages caused by the lack of conformity.

2. The exclusion or limitation of the employer's responsibility for the performance of the contract, for damages or for the death or injury caused to the consumer and user for an action or omission of that person.

3. The release of the liability of the employer by transfer of the contract to the third party, without the consent of the debtor, if it may engender the latter's guarantees.

4. The deprivation or restriction of the consumer and user of the credit, retention or entry compensation powers.

5. The limitation or exclusion of the consumer and user's ability to terminate the contract for non-compliance with the employer.

6. The imposition of disclaimers upon the delivery of the accreditable document of the operation.

7. The imposition of any other waiver or limitation of consumer and user rights.

Article 87. Unfair terms due to lack of reciprocity.

Clauses that determine the lack of reciprocity in the contract, contrary to good faith, are unfair, to the detriment of the consumer and user, in particular:

1. The imposition of obligations on the consumer and user for the fulfilment of all his duties and consideration, even if the employer has not fulfilled his.

2. The retention of amounts paid by the consumer and user by way of resignation, without considering the compensation for an equivalent amount if the employer resigns.

3. The authorization to the employer to resolve the contract discretionally, if the consumer and user are not recognized the same faculty.

4. The possibility for the employer to stay with the amounts paid in respect of benefits not yet made when the contract is settled by the same person.

5. The stipulations that provide for the rounding up of the amount of time consumed or the price of goods or services or any other stipulation that provides for the collection of goods or services not effectively used or consumed effectively.

In those sectors in which the start of the service indissolubly brings together a cost for the companies or the professionals not affected by the price, the billing separately from such costs shall not be considered to be abusive, when appropriate to the service effectively provided.

6. The provisions imposing onerous or disproportionate obstacles to the exercise of the rights recognized by the consumer in the contract, in particular in the contracts for the provision of services or the supply of products from the continued, the imposition of periods of excessive duration, the waiver or the establishment of limitations which exclude or impede the consumer's right to terminate these contracts, as well as the obstruction to the exercise of this right to through the agreed procedure, which is the case for those that provide for the imposition of formalities other than those provided for in order to hire or to lose the amounts paid in advance, the payment of amounts for services not actually provided, the assignment to the professional of the unilateral execution of the clauses penalties which have been contractually fixed or the fixing of compensation which does not correspond to the damage actually caused.

Article 88. Unfair terms on guarantees.

In any case, the clauses that assume:

1. The imposition of disproportionate guarantees on the risk assumed.

It will be assumed that there is no disproportion in financing contracts or guarantees agreed by financial institutions that comply with their specific rules.

2. The imposition of the burden of proof to the detriment of the consumer and user in cases where it should correspond to the other contracting party.

3. The imposition on the consumer of the burden of proof on the non-compliance, in whole or in part, of the supplier at a distance from financial services of the obligations imposed by the specific legislation on the matter.

Article 89. Unfair terms affecting the processing and execution of the contract.

In any case they have the consideration of unfair terms:

1. The declarations of receipt or conformity on fictitious facts, and the statements of consumer and user adherence to clauses of which he has not had the opportunity to take real knowledge prior to the conclusion of the contract.

2. The transmission to the consumer and user of the economic consequences of administrative or administrative errors that are not attributable to him.

3. The charge to the consumer of the costs of documentation and processing that corresponds to the employer. In particular, in the sale of homes:

(a) The stipulation that the consumer must bear the costs arising from the preparation of the title which, by its nature, correspond to the employer (new work, horizontal property, mortgages to finance his/her construction or its division and cancellation).

b) The stipulation that forces the consumer to subrogate on the employer's mortgage or impose penalties on non-surrogacy assumptions.

(c) The stipulation that imposes on the consumer the payment of taxes in which the taxable person is the employer.

(d) The stipulation that imposes on the consumer the expenses arising from the establishment of the access to the general supplies of the dwelling, when this must be delivered in conditions of habitability.

4. The imposition on the consumer and user of complementary goods and services or unsolicited accessories.

5. Price increases for ancillary services, financing, deferrals, surcharges, compensation or penalties that do not correspond to additional benefits that may be accepted or rejected in each case expressed in due course clarity or separation.

6. The refusal expresses compliance with the employer's own obligations or benefits, with automatic forwarding to administrative or judicial procedures for complaints.

7. The imposition of credit conditions that for the current account overdrafts exceed the limits contained in Article 19.4 of Law 7/1995 of March 23, of Credit to Consumption.

8. The provision of a waiver or transaction agreement with respect to the right of the consumer and user to the choice of competent fedrator according to the law to authorize the public document in which the contract is initially or subsequently to be formalized.

Article 90. Unfair terms on competition and applicable law.

They are also abusive clauses that establish:

1. Submission to arbitrations other than consumer arbitration, except in the case of institutional arbitration bodies created by legal rules for a sector or a specific case.

2. The submission of a submission to a Judge or a Court other than that which corresponds to the address of the consumer and user, to the place of the fulfilment of the obligation or the place where the property is situated if it is immovable.

3. The submission of the contract to a foreign law with respect to the place where the consumer and user issues his or her trade declaration or where the employer develops the activity aimed at promoting contracts of equal or similar nature.

Article 91. Contracts relating to securities, financial instruments and currencies.

The unfair terms relating to the unilateral modification of contracts, to the early termination of contracts of indefinite duration and to the increase in the price of goods and services, will not apply to contracts relating to securities, irrespective of their form of representation, financial instruments and other goods and services, the price of which is linked to a listing, stock index, or a type of the financial market which the employer does not control, or contracts for the sale of foreign currency, travel cheques or international postal orders in currency.

TITLE III

Distance-to-Distance Contracts

CHAPTER I

General provisions

Article 92. Concept of contracts concluded at a distance.

1. Contracts concluded with consumers and users within the framework of a business activity, without the simultaneous physical presence of the contractors, shall be governed by the provisions of this Title, provided that the offer and acceptance are made in a manner exclusively through a technique of distance communication and within a distance hiring system organized by the entrepreneur.

The validity and effectiveness of contracts relating to immovable property shall also be subject to compliance with the requirements imposed by its specific legislation.

2. Among others, they have the consideration of distance communication techniques: the printed, with or without specific recipient; the normalized letters; the advertising in press with order coupon; the catalogue; the telephone, with or without human intervention, which is the case for automatic calls or audiotext; radio; telephone with image; video clip with keyboard or touch screen, either via a computer or television screen; e-mail; fax and television.

Article 93. Exceptions.

1. The regulation set out in this Title shall not apply to:

a) Sales held by automated vending machines or automated business premises.

(b) Sales held in auctions, except those made by electronic means.

c) Contracts on financial services.

d) Contracts concluded with telecommunications operators due to the use of public telephones.

e) Those held for building real estate.

2. The provisions of Articles 96.1 and 2 on commercial communications; 97 on pre-contractual information; 98 on written confirmation of information; 101 on the right of withdrawal; and 103 on enforcement and payment shall not apply. to:

(a) Contracts for the supply of foodstuffs, beverages or other household products supplied at the address of the consumer and user, at their residence or in their place of work by employers to make frequent and regular visits.

(b) Contracts for the provision of accommodation, transport, food or leisure services where the employer undertakes to conclude the contract to supply such benefits on a given date or in a Specific period.

Article 94. Commercial communications and electronic procurement.

In commercial communications by e-mail or other means of electronic communication and in the distance hiring of goods or services by electronic means, it will be applied in addition to the provisions of this title, the specific rules on the services of the information society and electronic commerce.

When the provisions of this Title are in contradiction with the content of the specific rules on the services of the Information Society and Electronic Commerce, this will be of preferential application.

Article 95. Brokering services.

The operators of distance communication techniques, understanding for such natural or legal persons, public or private, that they are the holders of distance communication techniques used by entrepreneurs, they are obliged to ensure, to the extent of their potential, that they respect the rights conferred on consumers and users by this title and fulfil the obligations imposed on them.

The provisions of the preceding paragraph shall not be required of the providers of information society intermediation services, which shall be governed by the provisions of the specific rules on the services of the company of the information and e-commerce.

Article 96. Commercial communications.

1. In all commercial communications it must be unequivocally commercial in nature.

2. In the case of telephone communications, the identity of the employer and the commercial purpose of the call must be explicitly and clearly specified at the beginning of any conversation with the consumer and user.

3. The use by the employer of communication techniques consisting of an automated system of call without human intervention or the telefax will require the prior express consent of the consumer and user.

4. In any case, the existing provisions on the protection of minors and respect for privacy must be complied with. Where personal data from sources accessible to the public for commercial communications are used, the addressee shall be provided with the information indicated by the Organic Law on the Protection of Personal Data, and the addressee shall be given the opportunity to object to the receipt of the same.

CHAPTER II

Pre-contractual information and contracts

Article 97. Pre-contractual information.

1. Before initiating the procurement procedure and in advance, the employer shall provide the consumer and the user, in a truthful and sufficient manner, with the information provided for in Article 60, and in addition:

a) The cost of using the remote communication technique when calculated on a basis other than the basic rate.

b) The essential characteristics of the good or service.

c) Delivery and transportation expenses, if any.

(d) The period of validity of the offer and the price and, where applicable, the absence of the right of withdrawal in the cases provided for in Article 102.

(e) The minimum duration of the contract, where applicable, in the case of contracts for the supply of goods or services intended for permanent or repeated execution.

(f) The circumstances and conditions under which the employer can supply a quality or service of equivalent quality and price, replacing the one requested by the consumer and user, where this possibility is envisaged.

g) The form of payment and delivery or execution modes.

h) Where appropriate, an indication of whether the employer has or is adhering to an out-of-court dispute settlement procedure.

2. The information contained in the above paragraph, which must be of no doubt as commercial purpose, must be provided to the consumer and user in a clear and unambiguous manner, by means of any appropriate means of distance communication used, and it must respect, in particular, the principle of good faith in commercial transactions, as well as the principles of protection for those who are unable to contract.

Article 98. Written confirmation of the information.

1. Prior to the performance of the contract, the following information shall be provided to the consumer and user, in the language used in the procurement proposal or, where appropriate, in the language chosen for the contract:

a) The information provided in the previous article.

(b) The address of the employer's establishment where the consumer and user can submit their claims.

c) Information relating to technical assistance services or other after-sales services and to existing guarantees.

(d) The conditions for the termination of the contract, in the event of a contract of indefinite duration or of a duration of more than one year.

2. The information referred to in the above paragraph shall be provided in writing or, unless expressed by the consumer and user, in any medium of a lasting nature, appropriate to the distance communication technique used.

3. The provisions of this Article shall not be required for contracts relating to services whose performance is carried out using a distance communication technique which is provided at one time, the billing of which is carried out by the operator of the technical communication. However, the consumer and user must, in any event, be in a position to know the geographical address of the employer's establishment where he/she can present his/her complaints.

Article 99. Need for express consent.

1. In no case shall the lack of response to the distance hiring offer be considered to be accepted as such.

2. If the employer, without explicit acceptance of the consumer and the user to whom the offer is addressed, provides the goods or services offered, the following Article shall apply.

Article 100. Ban on unsolicited shipments.

1. It is prohibited to supply the consumer and user with goods or services not ordered by him when such supplies include a payment request of any nature.

In the event that this is done, and without prejudice to the infringement, the consumer and user receiving such goods or services will not be obliged to return, nor can the price be claimed.

In case you decide to return it, you must not indemnify for damages or demerits suffered for the good or service.

2. The provisions of the second subparagraph of paragraph 2 shall not apply where it is clearly apparent to the consumer and user that the unsolicited consignment was due to an error, corresponding to the employer's burden of proof.

The consumer and user in such cases, shall be entitled to be compensated for the costs and damages that would have been caused to them.

CHAPTER III

Right of withdrawal

Article 101. Right of withdrawal.

1. The consumer and user who contracts at a distance will have the right to withdraw from the contract as provided for in Chapter II of Title I of this book, although in such contracts the employer may require the consumer and the user to do so charge of the direct cost of return of the good or service.

2. Clauses which impose a penalty on the consumer for the exercise of his right of withdrawal or his resignation shall be null and void.

Article 102. Exceptions to the right of withdrawal.

Unless otherwise agreed, the provisions of the foregoing Article shall not apply to the following contracts:

(a) Contracts for the supply of goods, the price of which is subject to fluctuations in the coefficients of the financial market which the employer cannot control.

(b) Contracts for the supply of products made in accordance with consumer and user specifications or clearly customized, or which, by their nature, cannot be returned or may deteriorate or expire with speed.

(c) Contracts for the supply of sound or video recordings, discs and software which have been unsealed by the consumer and user, as well as computer files, supplied by electronic means, which may be unloaded or reproduced immediately for permanent use.

d) Daily press supply contracts, periodicals and magazines.

(e) Contracts for the provision of services whose implementation has begun, with the agreement of the consumer and user, before the end of the seven working day period.

f) Gambling and lotteries services contracts.

CHAPTER IV

Running the contract

Article 103. Execution and payment.

Unless otherwise agreed by the parties, the employer must carry out the order no later than 30 days from the day following the day on which the consumer and user have given his consent to contract.

Article 104. Lack of contract execution.

In case of non-performance of the contract by the employer for not being available the good or contracted service, the consumer and user must be informed of this lack of availability and must be able to recover how much before, and in any case within 30 days at the latest, the sums you have paid.

In the event that the employer does not make this payment within the prescribed period, the consumer and user may claim to be paid twice the sum due, without prejudice to their right to be compensated for the damages and damage to which they exceed that amount.

Article 105. Replacement of the contracted good or service.

If the contract service or service is not available, when the consumer and user have been expressly informed of such a possibility, the employer may supply a price without a price increase or service of characteristics. similar to the same or higher quality.

In this case, the consumer and user will be able to exercise their rights of withdrawal and resolution on the same terms as if they were the goods or services initially required, without being required the direct costs of return.

Article 106. Payment by card.

1. Where the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the consumer and the user may require the immediate cancellation of the charge. In such a case, the corresponding debit and credit entries in the accounts of the employer and the consumer and the holder of the card shall be made as soon as possible.

2. However, if the purchase had actually been carried out by the consumer and the holder of the card and the demand for repayment was not the consequence of having exercised the right of withdrawal or of the decision, the latter would be obliged in the case of the employer for compensation for damages caused by the cancellation.

TITLE IV

Contracts concluded outside business premises

CHAPTER I

Scope

Article 107. Scope of application.

1. The provisions of this Title shall apply to the following contracts with consumers and users:

(a) Contracts concluded outside the business premises of the employer, either by the same employer or by a third party acting on his behalf.

(b) Contracts entered into in the consumer's and user's or other consumer's and/or other user's housing or in his/her employment centre, unless the visit of the employer or the person acting on his behalf has been expressly requested by the consumer and the user, the time established by the user or, failing that, after a reasonable period of time taken care of the nature of the object of the contract and its price and is developed according to the purpose previously set.

(c) Contracts entered into a means of public transport.

2. Also, the contract offers issued by a consumer and user in any of the circumstances provided for in the previous paragraph are subject to the provisions of this Title.

3. Without prejudice to Article 10 and to the inalienable nature of the rights recognised to the consumer and user in this title, the contractual clauses which are most beneficial to the consumer and user shall be valid.

4. Public administrations, within the scope of their powers, may regulate the authorisations to which employers who carry out sales operations outside their establishment should be subject.

Article 108. Excluded contracts.

By way of derogation from the previous article, this title shall not apply:

(a) To contracts concluded at a distance from which the provisions of Title III of this book and commercial communications by electronic means are applicable.

(b) To contracts in which the total supply to the consumer and user is less than EUR 48,08.

To this effect, the sum of all the corresponding contracts for each of the contracts concluded by the consumer and user on the occasion of one of the acts or in one of the circumstances to which he or she is refers to the previous article.

(c) To contracts relating to the construction, sale and lease of immovable property, or which have as their object any other right to such property.

d) To insurance contracts.

e) To contracts that have as their object transferable securities.

f) To contracts documented notarially.

g) To contracts relating to food products, beverages and other consumables for household current use, provided by employers who undertake such frequent and regular commutes.

h) To those contracts where the following three circumstances are present:

1. To be carried out on the basis of a catalogue which the consumer and user have had occasion to consult in the absence of the employer or to act on their behalf.

2. A continuity of contact between the employer and the consumer and the user regarding the operation being performed or a subsequent one.

3. The catalogue and the contract clearly mention the right of the consumer and user to withdraw from the contract for a period of at least seven calendar days or to establish, in the same way, the right of the consumer the consumer and user to return the products for a period equal to the above mentioned, which will start to be counted from the date of receipt.

Article 109. Test.

All contracts and offers concluded outside the commercial establishment are presumed to be subject to the provisions of this title, corresponding to the employer's proof to the contrary.

CHAPTER II

Hiring

Article 110. Right of withdrawal.

In contracts concluded outside the business premises, the consumer and user shall have the right to withdraw from the contract in accordance with Chapter II of Title I of this book.

Notwithstanding the foregoing paragraph, the period for the exercise of the right of withdrawal shall be seven calendar days and shall begin counting from the receipt of the withdrawal document, if it is later than the delivery of the contract product or the conclusion of the contract if its object is the provision of services.

Article 111. Contract documentation and right of withdrawal.

1. The contract or contract offer included in the scope of this Title shall be formalized in writing in duplicate, accompanied by a withdrawal document and shall be dated and signed by the consumer and the user. It is for the employer to prove compliance with the obligations to which this article refers.

2. The contract document shall contain, in outstanding characters and immediately above the place reserved for the signature of the consumer and user, a clear, comprehensible and precise reference to the right of the consumer to withdraw the contract and to the requirements and consequences of their exercise.

3. Once the contract is signed, the employer or the person acting on his behalf will give the consumer and user one of the copies and the withdrawal document.

Article 112. Consequences of non-compliance.

The contract concluded or the offer made with infringement of the requirements set out in Articles 69.1 and 111 may be cancelled at the request of the consumer and user.

In no case may the cause of invalidity be invoked by the employer, unless the non-compliance is exclusive to the consumer and user.

Article 113. Joint responsibility.

Compliance with the obligations set out in this Title shall be jointly and severally liable to the employer on whose behalf the agent, agent or agent acting on his behalf is acting.

TITLE V

Warranties and after-sales services

CHAPTER I

General provisions on consumer product warranty

Article 114. General principles.

The seller is required to deliver to the consumer and user products that are in compliance with the contract, responding to any non-compliance that exists at the time of delivery of the product.

Article 115. Scope of application.

1. Contracts for the sale of products and contracts for the supply of products to be produced or manufactured are included in the scope of this Title.

2. The provisions of this Title shall not apply to products acquired through judicial sale, water or gas, where they are not packaged for sale by limited volume or specified quantities, and to electricity. It shall also not apply to second-hand products purchased at an administrative auction to which consumers and users may attend personally.

Article 116. Compliance of products with the contract.

1. Unless proof to the contrary, the products shall be deemed to be in conformity with the contract provided that they satisfy all the requirements set out below, unless the circumstances of the case do not apply:

(a) conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.

(b) Be suitable for uses to which products of the same type are normally intended.

(c) Be eligible for any special use required by the consumer and user when he has brought it to the attention of the seller at the time of conclusion of the contract, provided that he has admitted that the product is suitable for such use.

(d) They present the usual quality and performance of a product of the same type as the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public statements on the products. specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or labelling. The seller will not be bound by such public statements if it proves that he did not know and could not reasonably be expected to know the statement in question, that the statement had been corrected at the time of the conclusion of the contract. or that said statement could not influence the decision to purchase the product.

2. The lack of conformity resulting from incorrect installation of the product shall be equivalent to the lack of conformity of the product when the installation is included in the contract of sale or supply covered by Article 115.1 and has been performed by the seller or under his or her responsibility, or by the consumer and user when the faulty installation is due to an error in the installation instructions.

3. There shall be no liability for any fault of conformity which the consumer and user knew or otherwise could not have been able to ignore at the time of the conclusion of the contract or which have their origin in materials supplied by the consumer and user.

Article 117. Action incompatibility.

The exercise of the actions referred to in this Title shall be incompatible with the exercise of the actions arising from the reorganisation by hidden vices of the sale.

In any event, the consumer and user shall be entitled, in accordance with civil and commercial law, to be compensated for the damages resulting from the lack of conformity.

CHAPTER II

Seller's responsibility and consumer and user rights

Article 118. Seller's responsibility and consumer and user rights.

The consumer and user have the right to repair the product, to its replacement, to the price reduction or to the contract resolution, as provided for in this title.

Article 119. Product repair and replacement.

1. If the product is not in conformity with the contract, the consumer and user may choose to require the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and the user communicate the chosen option to the seller, both parties will have to abide by it. This decision of the consumer and user is without prejudice to the provisions of the following Article for cases where the repair or replacement fails to bring the product into conformity with the contract.

2. The form of consolidation shall be deemed to be disproportionate compared to the other, impose costs on the seller which are unreasonable, taking into account the value of the product if there is no lack of conformity, the relevance of the according to and whether the form of alternative sanitation could be performed without major inconvenience to the consumer and user.

In order to determine whether the costs are unreasonable, the costs associated with a form of consolidation must also be considerably higher than the costs associated with the other form of sanitation.

Article 120. Legal regime for the repair or replacement of the product.

Repair and replacement will conform to the following rules:

a) They will be free for the consumer and user. Such gratuity shall include the necessary costs incurred in order to remedy the lack of conformity of the products with the contract, in particular the costs of the consignment, as well as the costs related to the manpower and materials.

(b) They must be carried out within a reasonable time and without further inconvenience to the consumer and user, taking into account the nature of the products and the purpose they have for the consumer and user.

(c) Repair suspends the calculation of the time limits referred to in Article 123. The suspension period will start from the consumer and user making the product available to the seller and will conclude with the delivery to the consumer and user of the product already repaired. During the six months following the delivery of the repaired product, the seller shall be liable for the faults of conformity which have led to the repair, assuming that it is the same lack of conformity when they are reproduced in the product defects of the same source as the initially manifested.

(d) If the repair and delivery of the product is completed, the product remains non-compliant, the consumer and user may require replacement of the product, unless this option is disproportionate, the reduction of the product price or contract resolution in the terms provided for in this chapter.

e) The replacement suspends the time limits referred to in Article 123 from the exercise of the option by the consumer and user to the delivery of the new product. The substitute product shall in any case be applicable to the second paragraph of Article 123.1.

f) If the substitution fails to bring the product in accordance with the contract, the consumer and user may require the repair of the product, unless this option is disproportionate, the price reduction or the resolution of the product contract in the terms provided for in this chapter.

g) The consumer and user may not require replacement in the case of non-consumable products, nor should they be used in the case of second-hand products.

Article 121. Price markdown and contract resolution.

The price reduction and the termination of the contract shall, at the choice of the consumer and the user, not require the repair or replacement and in the cases where they have not been carried out in time reasonable or without major inconvenience to the consumer and user. The resolution shall not proceed where the lack of conformity is of minor importance.

Article 122. Criteria for price markdown.

The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery of having been in conformity with the contract and the value that the product actually delivered had at the time of such delivery.

CHAPTER III

Consumer and user rights exercise

Article 123. Deadlines.

1. The seller responds to the faults of conformity that are manifest within two years from the delivery. In second-hand products, the seller and the consumer and user may agree on a shorter time limit, which may not be less than one year from delivery.

Unless proof to the contrary, it is assumed that the faults of conformity that manifest within the six months after the delivery of the product, whether this new or second hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the non-compliance.

2. Unless proof to the contrary, delivery is understood to be made on the day on the invoice or purchase price, or on the corresponding delivery note if it is later.

3. The action to claim compliance with the provisions of Chapter II of this Title shall be three years after the delivery of the product.

4. The consumer and user must inform the seller of the lack of conformity within two months of their knowledge. Failure to comply with this deadline shall not result in the loss of the right to sanitation, which the consumer and user are liable, however, for the damage or damage actually caused by the delay in the communication.

Unless proof to the contrary, the consumer and user communication will be understood to have taken place within the time limit set.

Article 124. Action against the producer.

When the consumer and user find it impossible or an excessive burden is placed on the seller due to the lack of conformity of the products with the contract, he/she will be able to claim directly from the producer for the purpose of obtain product replacement or repair.

As a general rule, and without prejudice to the fact that the producer's liability will cease, for the purposes of this title, on the same terms and conditions as those laid down for the seller, the producer will answer for the absence of conformity when it relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules governing them.

Who has responded in front of the consumer and user will have a year's deadline to repeat in front of the person responsible for the non-compliance. This period is computed from the time the sanitation was completed.

CHAPTER IV

Additional commercial warranty, documentation and after-sales service obligations

Article 125. Additional commercial warranty.

1. The commercial guarantee is that which can be offered in addition on a voluntary basis and will require those who are listed as guarantor under the conditions set out in the guarantee document and in the relevant advertising.

2. The commercial guarantee must be formalized, at least in Spanish, and, at the request of the consumer and user, in writing or in any other durable medium and directly available to the consumer and user, which is accessible to the consumer and in accordance with the communication technique used.

3. The guarantee shall necessarily express:

(a) The good or service on which the warranty is placed.

b) The name and address of the guarantor.

c) That the guarantee does not affect the legal rights of the consumer and user in the absence of conformity of the products with the contract.

d) Rights, additional to legal rights, which are granted to the consumer and user as the holder of the guarantee.

e) The duration of the guarantee and its territorial scope.

f) The claim paths that the consumer and user has.

4. The action to claim compliance with the provisions of the additional commercial guarantee shall be within six months after the end of the warranty period.

Article 126. Products of a durable nature.

In products of a durable nature, it must be delivered in any case to the consumer, formalized in writing or in any durable medium accepted by the consumer and user, and with the minimum content provided for in the article. above, the commercial guarantee, in which it expressly states the rights that this title grants to the consumer and user in the absence of conformity with the contract and that they are independent and compatible with the commercial guarantee.

Article 127. Repair and after-sales services.

1. For products of a lasting nature, the consumer and user shall be entitled to an appropriate technical service and to the existence of spare parts for the minimum period of five years from the date on which the product ceases to be manufactured.

2. It is forbidden to increase the prices of spare parts by applying them in repairs and to load by labor, transfer or visit quantities greater than the average estimated costs in each sector, and the different costs should be differentiated concepts. The price list of spare parts must be made available to the public.

3. The action or right of recovery of products delivered by the consumer and user to the employer for repair shall be prescribed at three years from the moment of delivery. The information to be provided by the employer shall be established at the time when an object is delivered to him for repair and the ways in which the delivery may be credited.

THIRD BOOK

Civil liability for defective goods or services

TITLE I

Common rules on liability

CHAPTER I

General provisions

Article 128. Compensation for damages.

All injured parties have the right to be compensated in the terms set forth in this Book for damages caused by the goods or services.

The actions recognized in this book do not affect other rights that the injured party may have to be compensated for damages, including the moral ones, as a consequence of the contractual liability, founded on the the conformity of the goods or services or any other cause of breach or defective performance of the contract, or of the non-contractual liability to which it occurs.

Article 129. Scope of protection.

1. The liability regime provided for in this book includes personal injury, including death, and material damage, provided that such damage affects goods or services objectively intended for private use or consumption and in such a way mainly used by the injured person.

2. This book shall not apply for the repair of damage caused by nuclear accidents, provided that such damage is covered by international conventions ratified by the Member States of the European Union.

Article 130. Ineffectiveness of exemption clauses or limitation of liability.

The exemption clauses or limitation of the civil liability provided for in this book are ineffective.

Article 131. Secure.

The government, after hearing from stakeholders and consumer and user associations, may establish a compulsory insurance system for civil liability arising from damage caused by goods or services. defective and a guarantee fund covering, in whole or in part, damage consisting of death, intoxication and personal injury.

CHAPTER II

Responsibility

Article 132. Joint responsibility.

The persons responsible for the same damage by application of this book will be jointly and severally liable to the injured. The person who has responded to the injured party shall have the right to repeat in front of the other persons responsible, according to their participation in the cause of the damage.

Article 133. Intervention by a third party.

The liability provided for in this book shall not be reduced when the damage is caused jointly by a defect of the good or service and by the intervention of a third party. However, the responsible person who would have satisfied the compensation may claim the third party corresponding to his intervention in the production of the damage.

Article 134. Delay in payment of compensation.

1. The recipient of the compensation is entitled to compensation, in respect of the amount of the compensation, for the contractual and non-contractual damages during the period from the judicial declaration of liability to his or her effective payment.

2. Such compensation shall be determined in accordance with the Civil Procedure Act.

TITLE II

Specific liability provisions

CHAPTER I

Damage caused by products

Article 135. General principle.

Producers will be responsible for damage caused by defects in products that, respectively, manufacture or import.

Article 136. Product legal concept.

The effects of this chapter are considered to be any piece of furniture, even if it is attached to or incorporated into another movable or immovable property, as well as gas and electricity.

Article 137. Legal concept of defective product.

1. A defective product shall mean a product which does not provide the security which it could legitimately expect, taking into account all the circumstances and, in particular, its presentation, the reasonably foreseeable use of the product and the timing of its implementation. in circulation.

2. In any case, a product is defective if it does not offer the security normally offered by the other copies of the same series.

3. A product may not be considered defective by the mere fact that such a product is subsequently put into circulation in a more refined manner.

Article 138. Legal concept of producer.

1. For the purposes of this Chapter, the manufacturer or importer in the European Union shall, in addition to that defined in Article 5:

a) A finished product.

b) Any element integrated into a finished product.

c) A raw material.

2. If the producer cannot be identified, the supplier of the product shall be regarded as such, unless, within three months, the producer has damaged or damaged the identity of the producer or who has supplied or supplied him with the product. the product. The same rule shall apply in the case of an imported product, if the product does not indicate the name of the importer, even if the name of the manufacturer is indicated.

Article 139. Test.

The injured party seeking to repair the damage caused will have to prove the defect, the damage and the causal relationship between the two.

Article 140. Causes of exoneration of liability.

1. The producer will not be responsible if you test:

a) That you had not put the product into circulation.

b) That, given the circumstances of the case, it is possible to presume that the defect did not exist at the time the product was put into circulation.

c) That the product was not manufactured for sale or any other form of distribution for economic purposes, nor manufactured, imported, supplied or distributed in the framework of a professional or business activity.

d) That the defect was due to the product being produced according to existing mandatory rules.

e) That the state of scientific and technical knowledge existing at the time of entry into circulation did not permit the existence of the defect to be appreciated.

2. The producer of an integral part of a finished product shall not be liable if it proves that the defect is attributable to the design of the product to which it has been incorporated or to the instructions given by the manufacturer of that product.

3. In the case of medicinal products, foodstuffs or foodstuffs intended for human consumption, the responsible persons, in accordance with this Chapter, may not invoke the cause of exemption from paragraph 1 (e).

Article 141. Limit of liability.

The producer's liability for damages caused by defective products shall comply with the following rules:

(a) The amount of the compensation for the material damage shall be deducted from a franchise of EUR 390,66.

(b) The overall civil liability of the producer for death and personal injury caused by identical products presenting the same defect shall be limited to EUR 63,106,270,96.

Article 142. Damage to the defective product.

Material damage to the product itself shall not be indemnified in accordance with this Chapter, such damages shall entitle the injured party to be compensated under civil and commercial law.

Article 143. Prescription of the action.

1. The action for damages provided for in this Chapter shall be for three years from the date on which the injured party suffered the damage, either by default or by the damage caused by the defect, provided that the person responsible for such injury is known. The action of which the compensation has been paid against all other persons liable for the damage shall be prescribed for the year from the date of payment of the compensation.

2. The interruption of the prescription is governed by the provisions of the Civil Code.

Article 144. Extinction of responsibility.

The rights granted to the injured party in this Chapter shall be extinguished after 10 years, from the date on which the specific product causing the damage had been put into circulation, unless, during that period, the the corresponding judicial complaint has been initiated.

Article 145. Fault of the injured person.

The liability provided for in this Chapter may be reduced or deleted in the light of the circumstances of the case, if the damage caused is due to a defect of the product and to the fault of the injured person or the one that must respond civilly.

Article 146. Provider responsibility.

The supplier of the defective product will respond, as if it were the producer, when it has supplied the product in the knowledge of the existence of the defect. In this case, the supplier may exercise the replay action against the producer.

CHAPTER II

Damage caused by other goods and services

Article 147. General liability regime.

Service providers shall be liable for damages caused to consumers and users, unless they prove that they have complied with the requirements and requirements laid down in regulation and other care and actions required by the nature of the service.

Article 148. Special responsibility regime.

It shall be liable for damages arising from the proper use of the services, where by their very nature, or by being so regulatorily established, necessarily include the guarantee of certain levels of effectiveness or security, under objective conditions of determination, and involve technical, professional or systematic quality controls, until such time as the consumer and user are in due condition.

In any case, health services, repair and maintenance of electrical appliances, lifts and motor vehicles, rehabilitation and repair services are considered to be subject to this liability regime. housing, review, installation or similar services of gas and electricity and those relating to means of transport.

Without prejudice to other legal provisions, the liabilities arising from this article shall be limited to the amount of EUR 3,005,060,52.

Article 149. Liability for damages caused by the dwelling.

The liability regime established in the previous article will be applicable to those who build or market homes, in the framework of a business activity, for damages caused by defects in housing that do not are covered by a specific legal regime.

FOURTH BOOK

Combined travel

TITLE I

General provisions

CHAPTER I

Scope

Article 150. Scope of application.

1. This book shall apply to the offer, hiring and execution of the holidays, the circuits and the combined travel defined in the following article.

2. Separate billing for multiple items from the same package trip does not exempt the organizer or retailer from fulfilling the obligations set forth in this Book.

Article 151. Definitions.

1. For the purposes of this book:

(a) "Combined journey" means the prior combination of at least two of the items referred to in the following paragraph, sold or offered for sale on the basis of a global price, where such supply exceeds 24 hours or includes a night of stay.

The items referred to in the preceding paragraph are as follows:

i) transport,

ii) hosting,

(iii) other non-ancillary transport or accommodation services and which constitute a significant part of the combined journey.

(b) "Organizer" means the natural or legal person who arranges, in a non-casual manner, combined travel and sells them or offers for sale, directly or through a retailer.

(c) "Detailed list" means the natural or legal person selling or offering for sale the combined travel proposed by an organizer.

(d) "principal contractor" means the natural or legal person who buys or commits to purchase the combined journey.

e) "Beneficiary" means the natural person on behalf of whom the principal contractor undertakes to purchase the combined journey.

(f) "Cesionary" means the natural person to whom the principal contractor or other beneficiary transfers the combined journey.

g) "Consumer or user": any person in whom the status of principal, beneficiary, or transferee is present.

h) "Contract": the agreement that links the consumer to the organizer or retailer.

2. For the purposes of this Book, the organizer and retailer must be considered a travel agent in accordance with the administrative rules.

CHAPTER II

Pre-contractual information and contract formalization

Article 152. Package travel program and offer.

1. The retailer or, where appropriate, the organiser shall make available to consumers and users a programme or information leaflet containing in writing the relevant offer on the combined journey and which shall include a clear, understandable and accurate information about the following extremes:

a) Destinations and means of transport, with mention of their characteristics and class.

b) Duration, itinerary and travel schedule.

c) Relation of accommodation establishments, with indication of their type, status, category or level of comfort and their main characteristics, as well as their approval and tourist classification in those countries where there is official classification.

(d) The number of meals to be served and, where appropriate, whether the drinks or any type of food is not included in the intended food regime.

(e) general information on the conditions applicable to nationals of the Member States of the European Union in the field of passports and visas, and the necessary health formalities for travel and stay.

f) Full final price of the combined trip, including taxes, and estimated price of the optional excursions. In the case of additional costs relating to the services included in the combined journey to be taken by the consumer and not paid to the organiser or retailer, information on their existence and, if known, their amount.

g) The amount or percentage of the price to be paid in advance on the total price and the timetable for the payment of the part of the price not covered by the paid-up advance, as well as the conditions of funding which, if any, is offered.

(h) If the combined travel performance requires a minimum number of entries and, in such a case, the deadline for information to the consumer and user in case of cancellation.

i) Clauses applicable to potential liabilities, cancellations and other travel conditions.

j) Name and address of the organizer of the package tour as well as, if applicable, its legal representation in Spain.

k) Any additional and appropriate information on the characteristics of the trip offered.

Article 153. Binding character of the offering program.

The information contained in the program-offer will be binding on the organizer and retailer of the package, unless one of the following circumstances is present:

(a) that the changes to that information have been clearly communicated in writing to the consumer and user prior to the conclusion of the contract and such possibility has been expressly mentioned in the offer-programme.

b) That modifications are subsequently made, subject to written agreement between the contracting parties.

Article 154. Form and content of the contract.

1. The combined travel contract shall be made in writing and shall contain, in accordance with the characteristics of the offer in question, the terms of reference at least to the following elements:

a) The destination or destinations of the trip.

b) In case of splitting of the stay, the different periods and their dates.

c) The means, characteristics, and categories of the transports to be used.

d) The dates, times, and places of departure and return.

e) In case the package includes accommodation, its status, its tourist category and its main characteristics, as well as its approval and tourist classification, in those countries where there is a classification official, and the number of meals to be served.

(f) Minimum number of persons required, where appropriate, for the completion of the combined journey and, in such an event, the deadline for information to the consumer and user in the event of cancellation, which must be made at least in advance from ten days to the intended date of travel initiation.

g) The itinerary.

h) Visits, excursions or other services included in the total agreed price of the package.

i) The name and address of the organizer, the retailer and, if applicable, the insurer.

(j) The combined travel price, broken down by management costs, as well as an indication of any possible revision of the management fee, as provided for in Article 157, and of any possible duties and taxes for the contracted services, where they are not included in the combined travel price.

(k) The costs of cancellation, if any and can be reasonably calculated in advance, duly broken down. If their amount cannot be reasonably calculated in advance, the fact that such expenditure may be passed on, provided that they have actually been incurred.

l) Modes for payment of the price and, where applicable, timing and financing conditions.

m) Any special request that the consumer and user has made to the organizer or retailer and that the organizer has accepted.

n) The obligation of the consumer and user to communicate any non-compliance in the performance of the contract, in writing or in any other form, to the organizer or retailer and, where appropriate, to the supplier of the service in question.

n) The limitation period for the actions set out in Article 164, in which the consumer and user may make their claims for non-execution or poor performance of the contract.

or) The time limit for the consumer and user to require confirmation of their reservations.

2. The consumer and user will be informed, in anticipation of the conclusion of the contract, of the content of the contractual clauses and will receive a copy of the contract, once the contract is formalized.

3. The description of the combined journey communicated by the retailer or, where appropriate, by the organizer to the consumer and user, as well as its price and all other conditions applicable to the contract shall be truthful and verifiable in the terms set out in Articles 18 and 60.

CHAPTER III

Other consumer and user rights

Article 155. Transfer of the reservation.

1. The principal contractor or the beneficiary may give free of charge to a person who fulfils all the conditions required for the same.

2. The transfer shall be communicated in writing to the retailer or, where appropriate, to the organizer at least 15 days in advance of the start of the journey, unless the parties agree to a shorter period of time in the contract.

3. The person who gives his reservation on the combined journey and the transferee shall respond jointly and severally to the retailer or, where appropriate, the organizer who is a party to the contract, to the payment of the balance of the price, as well as to the additional justified costs. which may have caused such a transfer.

Article 156. Additional information on the contracted journey.

1. The retailers or, where appropriate, the combined travel organisers shall provide, in writing or in any other form, that the consumers and users with whom they have been placed on record and with the time required prior to the start of the journey contracted, the following information:

(a) The schedules and places of the scales and the links, as well as the indication of the category of the place to be occupied by the traveller in the means or means of transport to be used.

(b) The name, address and telephone number of the representative of the organizer or retailer at each destination or, failing that, those of the local bodies which may assist the consumer and user in the event of difficulties. Where such representations and bodies do not exist, the consumer and user must, in any event, be able to provide an emergency telephone number or any other information enabling him to contact the organiser or detaillist.

(c) For the travel and stays of minors abroad, the information that allows to establish a direct contact with these or those responsible for their stay "in situ" during the trip.

(d) Information, in accordance with current private insurance legislation, on the optional subscription of an insurance contract covering the cancellation fees by the consumer and user, or of a contract of assistance covering the costs of repatriation or transfer to the place of origin, in the event of an accident, illness or death.

2. The information provided for in the above paragraph shall be provided at the latest at the time of confirmation of the reservations.

CHAPTER IV

Modification of the contract

Article 157. Price revision.

1. The prices set out in the contract may not be revised unless the contract provides explicitly for the possibility of revision, both upwards and downwards, and to this end precise calculation methods are defined.

2. The review will only take place to incorporate variations in the price of transport, including the cost of fuel, charges and taxes relating to certain services and the exchange rates applied to organised travel.

3. The upward price revision made in the 20 days immediately prior to the departure date of the trip shall be void.

Article 158. Modification of the contract.

1. In the event that, prior to the departure of the trip, the organizer is obliged to significantly modify an essential element of the contract, he must immediately inform the consumer and the user.

2. In such cases, unless the parties agree otherwise in terms of individual negotiated terms, the consumer and user may choose to terminate the contract without any penalty or to accept a modification of the contract in which the contract is required. variations introduced and their impact on the price.

The consumer and user shall communicate the decision to the retailer or, if applicable, the organizer within three days of being notified of the modification referred to in this article.

In the event that the consumer and user do not notify their decision in the indicated terms, they will be deemed to opt for the termination of the contract without any penalty.

TITLE II

Provisions regarding contract resolution and responsibilities

CHAPTER I

Contract or cancellation resolution

Article 159. Contract resolution for cause attributable to the organizer or trip cancellation.

1. In the event that the consumer and user choose to terminate the contract, under the terms of paragraph 2 of the previous article, or that the organizer cancels the package before the agreed departure date, for any reason which is not attributable to the consumer and user, the consumer and the user shall be entitled, from the time of the termination of the contract, to the reimbursement of all the amounts paid, in accordance with the contract, or to the completion of another combined journey of equivalent or higher quality as long as the organizer or retailer can propose it.

In the event that the journey offered is of lower quality, the organiser or retailer must reimburse the consumer and user, where appropriate, on the basis of the amounts already paid out, the difference in price, with arrangement to the contract.

In any event, the consumer and user may require the reimbursement of the amounts paid to the employer to whom they are paid, which shall be reintegrated within the time limits and conditions laid down in Article 76. The term computation, in this case, will be initiated from the notification of the consumer and user of their choice by the resolution or since the determining circumstances of the cancellation were produced.

2. The same right provided for in the preceding number shall correspond to the consumer and user who does not obtain confirmation of the reservation in the terms stipulated in the contract.

3. In the above cases, the organizer and the retailer shall be responsible for the payment to the consumer and the user of the compensation which, where appropriate, corresponds to the breach of the contract, which in no case may be less than 5%. of the total price of the contracted journey, if the said non-compliance occurs between the two months and 15 days immediately prior to the planned date of completion of the journey; 10 per cent if it occurs between the previous fifteen and three days, and 25 percent on the assumption that the non-compliance cited will occur in the previous 48 hours.

4. There shall be no obligation to indemnify in the following cases:

(a) Where the cancellation is due to the fact that the number of persons registered for the combined journey is lower than the required number and so is communicated in writing to the consumer and user before the deadline set for that purpose in the contract, which at least 10 days prior to the intended start of the journey.

(b) When the cancellation of the trip, except in the case of excess reserves, is due to reasons of force majeure, understanding for such circumstances other than those who invoke them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.

Article 160. Consumer and user contract resolution.

At all times the consumer and user may leave the requested or contracted services without effect, having the right to the return of the amounts that they have paid, but must indemnify the organizer or retailer in the amounts listed below, unless such a resolution is due to force majeure:

(a) It shall pay the management costs, the costs of cancellation, if any, and a penalty consisting of 5 percent of the total amount of the trip, if the cancellation occurs with more than ten and less than fifteen days before the date of the start of the journey; 15 per cent between days three and ten, and 25 per cent within forty-eight hours before departure.

Not to appear at the exit, the consumer and user are obliged to pay the total amount of the trip, paying, if any, the outstanding amounts except agreement between the parties in another sense.

(b) In the event that the combined travel is subject to special economic conditions of procurement, such as cargo of aircraft, vessels or special tariffs, cancellation fees shall be established in accordance with the conditions agreed between the parties.

CHAPTER II

Non-compliance, liability and warranties

Article 161. Consequences of non-provision of services.

1. In the event that, after the departure of the trip, the organizer does not supply or verify that he cannot supply an important part of the services provided in the contract, he will adopt the appropriate solutions for the continuation of the trip (a) the amount of the difference between the benefits provided for and those provided shall be paid to the consumer and the user, without any additional charge for the consumer and the user. If the consumer and user continue the journey with the solutions given by the organizer, they will be deemed to have tacitly accepted those proposals.

2. If the solutions adopted by the organizer are not viable or the consumer and user do not accept them for reasonable reasons, the consumer must provide this, without any price supplement, with a means of transport equivalent to that used in the journey to return to the place of departure or to any other that they have agreed upon, without prejudice to the compensation to be provided.

3. In the event of a complaint, the retailer or, where appropriate, the organizer shall act diligently to find appropriate solutions.

Article 162. Responsibility of the organizers and retailers.

1. The organisers and the combined travel retailers shall respond to the consumer and user, in the light of their respective obligations under their respective management of the combined journey, of the correct compliance with the obligations arising from the contract, irrespective of whether they are to be executed by themselves or by other service providers, and without prejudice to the right of the organisers and retailers to act against such service providers.

The liability to the consumer shall be in solidarity with the number of employers, organizers or retailers, together in the contract, whatever their class and the relationships that exist between them, without prejudice the right of repetition of the person who responds to the consumer and the user against whom the breach or defective performance of the contract is attributable to his or her respective scope of the combined travel management.

2. The combined travel organisers and retailers shall also respond to the damage suffered by the consumer and user as a result of the non-execution or poor performance of the contract.

This liability will cease when any of the following circumstances are present:

a) That the defects observed in the execution of the contract are imputable to the consumer and user.

(b) that such defects are attributable to a third party outside the supply of the services provided for in the contract and are unforeseeable or insuperable.

c) That the defects referred to are due to reasons of force majeure, understanding for those circumstances other than those who invoke them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.

d) That the defects are due to an event that the retailer, or in his case, the organizer, despite having put all the necessary diligence, could not foresee or overcome.

In cases of exclusion of liability for any of the circumstances set out in paragraphs (b), (c) and (d), the organiser and retailer party to the contract shall, however, be obliged to provide the necessary assistance to the consumer and user who is in difficulty.

3. Compensation for damages resulting from the failure to comply or the poor performance of the benefits included in the combined journey shall be limited in accordance with the provisions of the international conventions on such benefits.

4. Exceptions may not be made by way of a contractual clause as provided for in paragraphs 1 and 2 of this Article.

Article 163. Guarantee of contractual liability.

Organizers and retailers of combined travel will have the obligation to constitute and maintain in permanent validity a security in the terms determined by the competent tourism administration, in order to respond to the compliance the obligations arising from the provision of their services to the contractors for a combined journey and, in particular, the reimbursement of the funds deposited and the compensation for the costs of repatriation in the event of insolvency or bankruptcy.

Bail will affect compliance with obligations arising from:

(a) Firm resolution of the economic responsibilities of the organizers and retailers arising from the action exercised by the consumer and end user.

b) Laude dictated by the arbitration boards of consumption or by institutional arbitration bodies created by legal norms for a sector or a specific case, subject to voluntary submission of the parties.

Case of the application of the security, must be resumed within 15 days, until the initial total of the deposit is covered again.

Article 164. Prescribing actions.

Prescribe over the course of two years the actions derived from the rights recognized in this book.

Article 165. Sanctioning regime.

The provisions of this Book do not apply to the system of infringements and penalties provided for in the first book, Title IV, Chapter II, with the application of the specific legislation on the subject matter of the Public administrations competent in the field of tourism.

First transient disposition. Commercial guarantee.

1. The provisions of this rule with regard to the additional commercial guarantee shall not apply to products put into circulation before 11 September 2003.

2. By way of derogation from the preceding paragraph, in respect of durable goods put into circulation before that date, the producer or, failing that, the seller shall provide the consumer and user with a security, formalised in writing, where at least the holder of the guarantee is assured:

(a) The completely free repair of the original defects or defects and the damages caused by them.

(b) In cases where the repair carried out is not satisfactory and the object does not review the optimum conditions for fulfilling the intended use, the holder of the guarantee shall be entitled to the replacement of the the object acquired by another of the same characteristics or the return of the price paid.

3. The security document referred to in the preceding paragraph shall contain the following minimum content:

a) The object to which the warranty falls.

b) The guarantor.

c) The holder of the warranty.

d) The rights of the holder of the guarantee.

(e) The period of duration of the guarantee which shall in no case be less than 6 months from the date of delivery, except where the nature of the property prevents it and without prejudice to the laws or regulations for goods or services. specific services.

Second transient disposition. Products of a durable nature.

As long as products of a lasting nature are not specified by the Government, it will be understood that these products are those listed in Annex II to Royal Decree 1507/2000 of 1 September 2000, for which the catalogues of products and services of common, ordinary and common use or consumption and of durable goods, for the purposes of the provisions of Articles 2 (2) and 11 (2) and (5) of the General Law for the Defence of the Consumers and Users and matching rules.

Transitional provision third. Civil liability for damage caused by defective products put into circulation before 8 July 1994.

The rules of the third, Title II, Chapter I of this Standard shall not apply to civil liability arising from damage caused by products put into circulation before 8 July 1994.

This responsibility shall be governed by the rules of Chapter II of that Title, with the following additional rules:

1. As a general rule, and without prejudice to what is more favourable to the consumer and user, under other conventional arrangements or agreements, the following criteria shall apply in respect of liability:

(a) The producer, supplier or supplier of products to consumers and users, responds to the origin, identity and suitability of the products, in accordance with their nature and purpose and with the rules governing them.

(b) In the case of bulk products, the holder of the bulk products is responsible, without prejudice to the identification and testing of the liability of the previous holder, supplier or supplier.

(c) In the case of products packaged, labelled and closed with complete closure, the firm or social reason listed on its label, presentation or advertising is answered. You may be exempted from that responsibility by proving your falsification or incorrect manipulation by third parties, who will be responsible.

2. In any event, the system of liability provided for in Article 148 shall apply to foodstuffs, hygiene, cleaning, cosmetics, specialty or pharmaceutical products, gas, electricity, motor vehicles, toys and toys. products addressed to children.

3. If the production of damages is attended by several people, they will respond in solidarity to the injured. The one who will pay the injured party will have the right to repeat the other responsible, according to their participation in the causation of the damages.

Final disposition first. Modification of amounts.

The government is authorized to modify the amounts established this standard. The amounts of Articles 51 and 148 shall be amended taking into account the variation in the indices of consumer prices and those provided for in Article 141 in order to adapt them to regular reviews of Community legislation.

Final disposition second. Regulatory development.

The Government is empowered to make the precise provisions for the application of this rule in the matter of its jurisdiction. In particular, the Government shall determine the products of a durable nature referred to in Article 126.

Final disposition third. Applicability of the regulatory regime for infringements and penalties.

For the purposes of the first book, Title IV, Chapter II of this rule, the Royal Decree 1945/1983 of 22 June 1983 regulating infringements and penalties in the field of consumer protection shall apply. and agri-food production, without prejudice to any subsequent amendments or adaptations by the Government.