Claims - Legal Information - Bulletin Board

Dependencies and customer service agencies.

Openbank information telephone number: 901 247 365

To resolve any doubt or for any clarification, give us a phone call.

Incident Management Service: +34 91 276 21 54 or 90022 32 42 / e-mail: incidencias@openbank.es

To request the resolution of any error or incident affecting the operation of contracted goods and services, and that are not claims. OPENBANK is committed to informing you of the status of your request within 48 business hours and if the solution provided has not met your requirements you may also write to the Openbank Claims and Customer Care Service.

Claims and customer service

When the response given by the Incident Management Service has not met your requirements, you may write to the Openbank Claims and Customer Care Service:

Claims and Customer Care Service

• Grupo Santander Claims and Customer Care Service.
• Apartado de Correos 35.250
• 28080 – Madrid
• e-mail: santander_reclamaciones@gruposantander.es
• Fax: 91 759 48 36
• Telephone number: +34 91 276 21 54 or 900 22 32 42
• Regulations for the Customer Care Service and Customer Ombudsman in Grupo Santander

Customer Ombudsman Office

• D. José Luis Gómez-Dégano and Ceballos-Zuñiga
• Apartado de Correos 14019
• 28080 Madrid
• email: oficina@defensorcliente.es

Independent body to which Grupo Santander is affiliated and to which you can present your claims based on the Regulations of the Customer Ombudsman.

Once the complaint has been filed with the Claims and Customer Care Service or the Customer Ombudsman, if the response has not been satisfactory or a period of one month has passed since the claim was filed without having received a response, or 15 business days in the case of a payment service, the customer may contact the Complaints Service of the Bank of Spain via any of the following channels:

The Claims Service of the Bank of Spain

• Calle Alcalá 48, 28014 Madrid
• Access to the Banco de España Virtual Office

Investor Assistance Office at the National Securities Market Commission (CNMV)

• Calle Edison 4, 28006 Madrid
• National Securities Market Commission Form

Complaints Service of the Directorate General of Insurance and Pension Funds

• Paseo de la Castellana 44, 28046 Madrid
• Directorate General of Insurance and Pension Funds

Before using these services, the regulations require the customer to demonstrate that they have first contacted the Customer Service Department or the Customer Ombudsman's Office that will act with full autonomy in terms of the principles and guidelines to be applied in the exercising of its functions.

Claim form:

• Claims forms are available to customers at the Openbank office. The address is:
• Paseo de la Castellana, 134
• 28046 – Madrid
• Telephone number for incidents: 900 22 32 42

In accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of on-line consumer disputes, a link to the on-line dispute settlement platform, launched by the European Commission, can be used by consumers to resolve any discrepancy or controversy regarding services provided on-line http://ec.europa.eu/odr

Regulations, arranged by subject, governing the transparency of banking operations and the protection of customers

Customer care and customer ombudsman services:

Law 44/2002, of 22 November, on financial system reform measures, as amended by Law 2/2011, of 4 March, on sustainable economy.

Order ECO/734/2004 of 11 March, on departments and customer care services and the customer ombudsman of financial institutions.

Order ECC/2502/2012, of 16 November, regulating the procedure for submitting claims to the claims services of the Bank of Spain, the National Securities Market Commission and the Directorate General of Insurance and Pensions.

Law 7/2017, of 2 November, incorporating into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on the alternative resolution of consumer disputes.

Transparency of operations and customer protection, and other consumer protection regulations:

Order ECE/1263/2019, of 26 December, on transparency of conditions and information requirements applicable to payment services and amending Order ECO/734/2004, of 11 March, on customer service departments and services and the customer ombudsman of financial institutions, and Order EHA/2899/2011, of 28 October, on transparency and protection of customers of banking services.

Order EHA/1718/2010, of 11 June, of the Ministry of Economy and Finance, on regulation and control of advertising of banking services and products, developed by Circular 4/2020, of 26 June, of the Bank of Spain, on advertising of banking products and services.

Order EHA/1717/2010 of 11 June of the Ministry of Economy and Finance on the regulation and control of advertising of investment services and products.

Order EHA/2899/2011, of October 28, of the Ministry of Economy and Finance, on transparency and protection of customers of banking services.

Law 22/2007, of July 11, on distance marketing of financial services for consumers.

Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

In application of Law 4/2022, of 25 February, on the protection of consumers and users in situations of social and economic vulnerability, in reference to to its amendmends.

Bank of Spain Circular 5/2012, of 27 June, to credit institutions and payment service providers on transparency of banking services and responsibility in the granting of loans.

Royal Decree Law 6/2013, of 22 March, on the protection of holders of certain savings and investment products and other measures of a financial nature.

Law 5/2015, of 27 April, on the promotion of business financing.

Royal Decree-Law 11/2015, of 2 October, to regulate fees for cash withdrawals at ATMs.

Bank of Spain Circular 2/2019 of 29 March on the requirements of the Information Document on Fees and the Statement of Fees, and payment account comparison websites, and amending Circular 5/2012 of 27 June to credit institutions and payment service providers on transparency of banking services and responsibility in the granting of loans.

Mortgage loans:

Law 2/1994, of March 30, on the subrogation and modification of mortgage loans.

Law 41/2007, of 7 December, amending Law 2/1981, of 25 March, on the Regulation of the Mortgage Market and other regulations of the mortgage and financial system, regulating reverse mortgages and dependency insurance and establishing certain tax regulations.

Law 2/2009, of 31 March, on the contracting of mortgage loans and credit with consumers and the brokerage services for the execution of loan and credit agreements.

Royal Decree Law 6/2012, of 9 March, on urgent measures to protect unsecured mortgage debtors.

Law 1/2013, of 14 May, on measures to reinforce the protection of mortgage debtors, debt restructuring and social renting.

Royal Decree-Law 1/2017, of 20 January, on urgent measures for the protection of consumers with regard to floor clauses.

Royal Decree 536/2017, of 26 May, establishing and regulating the monitoring, control and evaluation commission provided for in Royal Decree Law 1/2017 of 20 January.

Law 5/2019, of 15 March, regulating real estate credit agreements.

Royal Decree 309/2019, of 26 April, partially implementing Law 5/2019 of 15 March regulating real estate credit agreements and adopting other financial measures.

Order ECE/482/2019, of 26 April, amending Order EHA/1718/2010, of 11 June, on regulation and control of advertising of banking services and products, and Order EHA/2899/2011, of 28 October, on transparency and protection of customers of banking services.

Royal Decree-Law 19/2022 of 22 November, establishing a Code of Best Practices to alleviate interest-rate increases on primary-home mortgages, is adopted, Royal Decree-Law 6/2012 of 9 March, regarding urgent measures to protect mortgage debtors without financial means, is amended and other structural measures aimed at improving the mortgage market are adopted.

Royal Decree-Law 8/2023, of 27 December, adopting measures to deal with the economic and social consequences of the conflicts in Ukraine and the Middle East, as well as to alleviate the effects of the drought.

Consumer credit:

Law 16/2011, of June 24 (B.O.E., June 25), of Consumer Credit contracts.

General contracting conditions:

Law 7/1998, of April 13, on general contracting conditions.

Payment Services:

Order ECE/1263/2019, of 26 December, on transparency of conditions and information requirements applicable to payment services and amending Order ECO/734/2004, of 11 March, on customer service departments and services and the customer ombudsman of financial institutions, and Order EHA/2899/2011, of 28 October, on transparency and protection of customers of banking services.

Royal Decree 736/2019, of 20 December, on the legal regime for payment services and payment institutions and amending Royal Decree 778/2012, of 4 May, on the legal regime for electronic money institutions and Royal Decree 84/2015, of 13 February, implementing Law 10/2014, of 26 June, on the organisation, supervision and solvency of credit institutions.

Law 2/2011, of 4 March, on Sustainable Economy.

Royal Decree-Law 19/2017, of 24 November, on basic payment accounts, transfer of payment accounts and comparability of commissions.

Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent financial measures.

Order ECE/228/2019, of 28 February, on basic payment accounts, payment account transfer procedure and comparison website requirements.

Royal Decree 164/2019, of 22 March, establishing a free system of basic payment accounts for the benefit of persons in a situation of vulnerability or at risk of financial exclusion.

Investment Services:

Law 6/2023 of 17 March on Securities Markets and Investment Services.

Royal Decree 217/2008, of 15 February, on the legal regime for investment service companies and other entities providing investment services and partially amending the Regulation of Law 35/2003, of 4 November, on Collective Investment Institutions, approved by Royal Decree 1309/2005, of 4 November.

Delegated Regulation (EU) 2017/565 of the Commission, of 25 April 2016, supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of said Directive.

Protection of personal data:

Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Organic Law 3/2018 of 5 December on the protection of personal data and guarantee of digital rights.

Owners of currency exchange establishments:

Bank of Spain Circular 6/2001, of 29 October, on holders of currency exchange establishments, as amended by Bank of Spain Circular 3/2009 of 18 December.

Deposit Guarantee Fund:

Royal Decree-Law 16/2011, of 14 October, establishing the Deposit Guarantee Fund for Credit Institutions.

Royal Decree 628/2010, of 14 May, amending Royal Decree 2606/1996, of 20 December, on deposit guarantee funds in credit institutions and Royal Decree 948/2001, of 3 August, on investor compensation schemes.

Royal Decree 2606/1996, of 20 December 1996, on deposit guarantee funds for credit institutions (partly amended by Royal Decree 1012/2015, of 6 November 1995).