Complaint book
A legal requirement for Local Accommodation establishments.
According to Decree-Law no. 128/2014, of August 29, updated by Law no. 62/2018 of August 22, which approves the legal regime for the operation of local accommodation establishments, article 20 . Local Accommodation establishments must have a Complaints Book.
A book of complaints is required by establishment of Local Accommodation, and since each establishment will have a separate registration number as Local Accommodation, a book is required for each one.
The complaint book must be available at the establishment concerned.
However, in the modality of "Apartments", if the same operating entity has more than one apartment in the same building, it has been the understanding of ASAE to distinguish the following situations:
1. Whenever in relation to the apartment complex there is a common reception, the Complaint Book and its Warning (Cover Sheet) must be on the same receipt.
2. When there is no reception, there are two situations:
The) When local accommodation establishments within a short distance of the owner of the holding, where it is possible to immediately deliver the Claim Book when requested, will suffice to post in each apartment, in a prominent place, o Warning (Cover Sheet), and in these cases can be photocopied in color.
B) When local accommodation establishments are located at a considerable distance of the seat of the holder, thus not being able to immediately deliver the Book of Claims when requested, should each apartment have a copy, as well as affixed in the apartment, in a prominent place, o Warning (Cover Sheet).
In the same line of reasoning, the same applies to the modality of "Room"because having more than one room in the same house, a Complaint Book that is available to the various rooms.
THE Cover Sheet (detachable cover) it must also be affixed in a prominent place and duly filled in with the following data:
FACE SHEET
COMPETENT ENTITY: ASAE
Address: Rua Rodrigo da Fonseca nº73, 1269-274 Lisboa
The holder of the holding must keep, for one minimum period of 3 years, an organized archive of Complaint book that you have closed.
Where the Complaint book if requested, the holder of the holding must immediately and free of charge to the client.
In no case can it justify the lack of the Book in the establishment where the customer requests it, because it is available in other establishments or places. In this way, it should never condition the presentation of the same to the client.
It must also provide all the necessary elements to the correct completion of the fields that, in the Complaint book, refer to their identification, even confirming that the customer filled them in correctly.
After completing the complaint sheet, you must highlight the original and in the within 10 working days, send it to ASAE.
The duplicate of the complaint must be delivered to the customer, retaining in its possession the triplicate, which is an integral part of the Claims Book and can not be withdrawn from it.
O closure, loss or loss of the Claims Book obliges the supplier of goods or service provider to acquire a new book and to communicate this fact to ASAE.
During this period of time when you do not have the book, you must indicate to the client the entity to which you must appeal to file the complaint.
Electronic Complaint Book
All service providers and suppliers of goods are now also required to have the Claims Book in electronic form.
Since the day July 1, 2018 that the Electronic Complaint Book for travel and tourism agencies, tourism enterprises and local accommodation establishments, allowing the reception and management of complaints received in electronic format.
Accessing the website www.livroreclamacoes.pt, it is now possible not only to make complaints, but also to consult the details of the status of the complaint, to ask questions and to request information from the Regulatory / Inspection Entity, or even to consult information, frequently asked questions and legislation.
According to the legislation in force, all suppliers of service providers are required to have the electronic complaint form, just like the make it available on your website in a visible place and prominently.
Upon receipt of a complaint, the supplier of goods or service provider must respond to the customer within 15 working days, to the electronic address that the complainant placed on the form, informing him of the measures taken following the complaint.
The existence of the electronic form of the Complaints Book does not, however, void the obligation to have a Complaint Book in physical form in the establishment at the same time.
For register your business on the platform Electronic Complaint Book, go to www.livroreclamacoes.pt, click on 'Login / Register' and then 'Register'.
Then fill in all the fields on the form that appears, identifying the ASAE as the regulator / inspector and selecting the activity sector.
After submission of the form, the access credentials - login and password - will be sent to the indicated email, which will be the data that will be used to enter the platform.
As is well known, as a result of the changes introduced by Decree-Law 74/2017 of 21 June, Decree-Law 156/2005, of 15 September, which establishes the legal regime of the complaints book, the Electronic Complaint Book, available from 1 July 2017 only for essential public services, is extended to all other economic activities as of July 1, 2018, namely to the construction materials trade sector, which will have a year to adapt to the Electronic Book Complaints Platform (LRE), where it will be located and accessible to the consumer in www.livroreclamacoes.pt.
However, the respective implementation process is far behind scheduleapologizing to Consumer Directorate-General with the diversity of sectors, the heterogeneity of the companies involved and the need to ensure the correct link and adaptation of economic operators to the electronic complaints book.
Thus, by ensuring the safety and effectiveness of the project, in those whose activities are supervised by ASAE, they will be granted extended period of 1 year, until 1 July 2019, to carry out the respective registration / accession process and credentialing on the.
O Electronic Complaint Book can be purchased from the INCM - National Press-Mint in your online store, accessible after registration, being available in 4 modes, with 25, 250, 500 and 1500 complaint sheets each.
Each holder of the holding must have a single copy, irrespective of the number of permanent or fixed establishments at his disposal.
If the INCM maintain current prices, the Electronic Complaint Book of 25, 250, 500 and 1500 complaint sheets will cost, respectively, 9.93 €, 97.34 €, 188.71 € and 536.35 €.
LEGISLATION
- Decree-Law no. 74/2017, of June 21, amends Decree-Law no. 156/2005, of September 15, aiming to implement the SIMPLEX + 2016 "Online complaints book".
- Law no. 62/2018 of August 22, makes the second amendment to Decree-Law no. 128/2014, of August 29, which approves the legal regime for the operation of local accommodation establishments.
- Decree-Law No. 128/2014 of 29 August approving the legal regime governing the operation of local accommodation establishments.
Local accommodation establishments must have a complaints book in accordance with article 20 of Decree-Law no. 128/2014, as amended by Law no. 62/2018 of 22 August.
«Law no. 62/2018, of August 22
Article 20
Complaint book
1 - Local accommodation establishments must have a complaint book under the terms and conditions established in Decree-Law no. 156/2005, of September 15, modified by Decrees - Laws no. 371/2007, of November 6 , 118/2009, May 19, 317/2009, October 30, and 242/2012, November 7, 74/2017, June 21, and 81-C / 2017, July 7.
2 - The original of the complaint sheet is sent to ASAE, under the terms provided for in the legislation referred to in the previous number.
The terms and conditions established in Decree-Law no. 156/2005, of September 15, modified by Decree-Laws no. 317/2007, of November 6, 118/2009, of May 19, 317/2009, of October 30, and 242/2012, of November 7, establish the obligation to make the complaints book available to all suppliers of goods or service providers who have contact with the general public.
Following the amendments made by Decree-Law no. 74/2017 of 21 June, Decree-Law no. 156/2005 of 15 September, which establishes the legal regime of the complaints book, the electronic book "Online Complaints Book", available from 1 July 2017 only for essential public services, is extended to all other economic activities as of July 1, 2018.
This article has been reviewed and approved by SRP & E Sociedade de Advogados, attesting that its content is in accordance with the legal regime in force.
SRP & E is composed of a multidisciplinary team of lawyers who, through the specialization of the services rendered, intends to provide its clients with the best possible follow-up.
