Romania - Operating Regulations of the Customer Service Department
RIA PAYMENT INSTITUTION EP, SA
This regulation is a translation of the document in Spanish entitled Reglamento de Funcionamiento del Servicio de Atención al Cliente de Ria Payment Institution EP, SA , approved by the Board of Directors of Ria and communicated to the Bank of Spain, which can be accessed on the following website https://app.bde.es/ecm_www/.
In case of divergences, the document in Spanish prevails.
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I. INTRODUCTION AND OBJECTIVES
II. CUSTOMER SERVICE DEPARTMENT
Appointment of the Customer Services Manager and the composition of the Service.
Autonomy and resources.
Training.
III. CUSTOMER SERVICE MANAGER
Customer Service Manager - conditions.
Customer Service Manager mandate.
Disqualification and ineligibility.
Revocation from the position of Customer Service Manager.
IV. SERVICE DUTIES
Job responsibilities.
V. COMPANY OBLIGATIONS
Obligation to cooperate.
Information obligations.
VI. PROCEDURE FOR FILING COMPLAINTS AND CLAIMS
Scope.
Method.
Deadline.
VII. PROCESSING
Acceptance for examination.
Processing.
Renunciation and withdrawal.
Deadline for issuing the decision.
Content and notification of the decision.
VIII. EFFECTS OF THE DECISION
The effects of the decision for the plaintiff and for society.
IX. ANNUAL REPORT
Annual report.
Amendment of the regulation.
I. INTRODUCTION AND OBJECTIVES
The main purpose of these Regulations is to regulate the internal procedures established by RIA PAYMENT INSTITUTION, EP, SA (hereinafter referred to as the "Company" or "entity") for the protection of clients' rights and, in particular, to regulate the Client Services Department of the Company (hereinafter referred to as the "Service" or "Client Services Department") as the body responsible for addressing and resolving complaints and claims made by the Company's clients.
The company's board of directors has approved these regulations.
After the regulation is approved by the Board of Directors, it is sent to the Bank of Spain for verification.
II. CUSTOMER SERVICE DEPARTMENT
Article 1. Appointment of the Customer Service Manager and the composition of the service.
The Director of the Customer Services Department is appointed by the Board of Directors of the company, which is also competent to approve the composition of the service, which must have sufficient personnel for the proper performance of the tasks assigned to it by this regulation. At the organizational level, the Service has the status of an independent department within the entity in relation to other departments, in particular with regard to the commercial and operational departments.
The purpose of this Service is to address and resolve both complaints and claims made by the company's customers and which any department that receives them considers cannot be resolved within the framework of its normal activities and usual activity in favor of the customer, for which purpose the Company adopts appropriate measures to ensure that the dissemination of the information requested by the service to the other departments is carried out in a fast, secure, efficient and coordinated manner.
The time required by any department before transmitting the complaint or claim to the Service is calculated in the fifteen (15) working days that the Service has to resolve the issue and make a decision.
For the purposes of this regulation, customer means the following term: any user of the payment services provided by the entity.
Also, a complaint is understood as a formal communication regarding the operation of the services provided to users by the entity and submitted as a result of slow service, non-availability of service, lack of service, lack of courtesy or any other type of deficient act or performance observed in the operation of the entity.
Finally, a complaint is understood as a formal communication submitted by users of the services provided by the entity that discloses, for the purpose of restoring its interests or rights, specific facts in relation to certain acts or omissions of the entity that may prejudice the interests or rights of the persons filing the complaints, derived from the breach of contracts or regulations on transparency and customer protection or good financial practices and their use.
Article 2. Autonomy and resources.
The Company shall at all times adopt the necessary measures to ensure that the Service makes decisions regarding the field of activity autonomously and, in addition, that conflicts of interest are avoided.
He also ensures that the Service has the appropriate human, material, technical and organizational means to perform its functions.
The company establishes the appropriate procedures and resources to enable the provision of the service:
To receive within three working days any claims or complaints submitted to the Company's offices.
To collect from the various departments of the company all necessary information for the purpose of processing and resolving complaints and claims.
To issue the decision on the complaint and request within the time limit provided for this purpose.
The Company adopts appropriate measures to ensure that the procedures provided for the dissemination of information requested by the Service to the other services of the organization, in accordance with the principles of promptness, security, efficiency and coordination.
Article 3. Vocational training.
The Company shall take the necessary measures to ensure that the personnel of the Service have adequate knowledge of financial regulations, in particular regulations on transparency and protection of financial services customers. For these purposes, those personnel who have performed functions related to the actual financial activity of the entity or entities in question must have appropriate knowledge and experience.
In this regard, all staff of the Service benefit from the necessary training in this field.
III. CUSTOMER SERVICE MANAGER
Article 4. - Qualifications of the Customer Service Manager.
The Service Manager is a person of recognized commercial and professional integrity, who must possess the appropriate knowledge and experience to exercise his functions, in accordance with those provided for in the applicable regulations, acting at all times independently in his decision-making.
Commercial and professional honor is conferred on those individuals who, in their professional career, have complied with commercial laws or other laws regulating economic activity and business life, as well as good commercial and financial practices.
Article 5. Mandate of the Customer Service Manager.
The appointment of the Manager of the Service shall be for a maximum period of four years and may be renewed for equal periods whenever deemed necessary. The appointment shall be notified to the Complaints Service of the Bank of Spain and to the Bank of Spain, as supervisory authority.
Article 6. Incompatibility and ineligibility.
The exercise of any executive, commercial or organizational function, other than those corresponding to the Department in which the Service is integrated or the occurrence, in a generalized and continuous manner over time, of any other circumstances that impede its impartiality and independence in order to properly perform its functions, constitute grounds for disqualification and ineligibility.
Also, people who have a criminal record, are being prosecuted, or have been tried for any type of crime are not eligible for the position of Service Manager.
Article 7. Revocation from the position of Customer Service Manager.
The Service Manager shall cease to hold office at the end of the period for which he was appointed, unless the Company agrees to the renewal of his mandate.
He/She shall also be dismissed from office for any of the following reasons:
Unpredictable incapacity (disability).
Have been involved in any reason for ineligibility.
The fact of having been convicted of a crime by an enforceable court decision.
The cessation of the circumstances that led to his appointment.
Resignation.
Serious breach of its obligations.
The dismissal of the Service Manager is the responsibility of the Board of Directors, which records the reasons for this dismissal in the dismissal contract.
Whenever the position becomes vacant, the Board of Directors of the Company shall proceed to appoint a new Service Manager within thirty days of the vacancy.
IV. SERVICE DUTIES
Article 8. Responsibilities of the service.
The Service is responsible for safeguarding and protecting the rights and interests of clients, whether legally or contractually recognized, and for ensuring that the relations between the Company and its clients are conducted at all times in accordance with the principles of good faith, fairness and mutual trust. The Service is also responsible for promoting strict compliance with regulations on client protection and transparency.
In particular, and in accordance with its powers, it is the responsibility of the Service to:
To resolve complaints and claims that customers may submit in relation to contracts or services and, in general, all relationships between the Company and its customers, in which, in the opinion of the latter, their rights recognized by law or by contract have been violated.
Resolving problems presented by the company's various departments regarding customer relations.
Collaborate with the various departments of the company to continue to comply with regulations regarding customer protection and transparency.
To collaborate, within the limits of its competences, in the development of internal regulations.
V. COMPANY OBLIGATIONS
Article 9. Obligation to cooperate.
The Company attaches great importance to strict compliance with applicable regulations, as well as good financial practices in its relations with its clients. To this end, the Company adopts such measures as may be necessary for the Service to perform the functions assigned to it by this document.
In this regard, the Company collaborates with the Service in all aspects that facilitate a better exercise of its functions and, in particular, provides all information requested by the Service in the areas of its competence and in relation to the matters subject to its examination.
To this end, all agents, employees, officers and directors of the company are obliged to collaborate with the Service, providing the data, reports, opinions and evidence requested by it.
Also, the Company, through the Board of Directors, receives complaints that may be filed regarding the provision of the service and adopts, as appropriate, the decisions it deems appropriate.
Article 10. Disclosure obligations.
The company makes the following information available to clients in each of its offices open to the public, as well as on its website:
The existence of the Customer Service Department, with its postal address and email address.
The obligation to address and resolve complaints and claims submitted by its customers within fifteen (15) working days. The said period begins to be calculated from the moment the complaints and claims are received at any level of the company.
Referral to the Complaints Service of the Bank of Spain, with its postal and email address, specifying that customers may contact said service once a period of fifteen (15) business days has passed since the Company received the complaint or claim, without the Customer Services Department having resolved the issue or if the decision is not satisfactory to the customer (i.e., the customer disagrees with the decision).
Current Operating Regulations of the Customer Services Department.
Reference to the legislation on transparency and protection of financial services customers, which consists mainly of the following regulations:
- Royal Decree 19/2018 of 23 November on payment services and other urgent financial measures.
- Royal Decree 736/2019, of 20 December 20, on the legal regime of payment services and payment institutions and amending Royal Decree 778/2012, of 4 May, on the legal regime of electronic money institutions, and Royal Decree 84/2015, of 13 February, implementing Law 10/2014, of 26 June, on the regulation, supervision and solvency of credit institutions.
- Order EHA/2899/2011, of October 28, 2011, regarding transparency and protection of banking services customers.
- Order EHA/1718/2010, of June 11, 2010, on the regulation and control of advertising for banking services and products.
- Circular 4/2020 of the Bank of Spain, of June 26, regarding the advertising of banking products and services.
- Circular 5/2012 of the Bank of Spain, of 27 June 2012, addressed to credit institutions and payment service providers, on transparency in banking services and responsible lending.
- Order ECO/734/2004, of March 11, on customer assistance departments and services and the customer mediator of financial institutions.
- Law 7/2017, of November 2, transposing into Spanish legislation Directive 2013/11/EU of the European Parliament and of the Council of May 21, 2013 on alternative dispute resolution for consumer disputes.
If the above legislation is updated or replaced by other regulations, these will also be made available to customers.
VI. PROCEDURE FOR FILING COMPLAINTS AND CLAIMS
Article 11. Purpose.
All clients of RIA PAYMENT INSTITUTION, EP, SA , understood as users of the payment services provided by the Company, may file complaints or grievances.
Clients may contact the Service when they consider that the Company has violated regulations regarding transparency and customer protection or when they consider that it has not complied, in whole or in part, with its legal or contractual obligations.
Article 12. Modality.
Complaints and claims for compensation may be submitted either in person or through a representative, on paper or by computer, electronic or telematic means, provided that the format is legible, printable and the documents can be submitted. Customers may also voluntarily complete the forms that the entity makes available to them for this purpose.
The procedure is initiated by submitting a document indicating the following information:
The surname, first name and address of the applicant and, if applicable, of his representative, duly certified; identity number for natural persons and details of public registration for legal persons.
The reasons for the complaint or claim, clearly specifying the issues on which a decision is requested.
The office or offices, department or service in which the acts that are the subject of the complaint or claim took place.
The fact that the applicant is unaware that the issue that is the subject of the complaint or claim is being resolved through an administrative, arbitration or judicial procedure.
Place, date and signature.
The complainant must present, together with the aforementioned document, the supporting documents in his possession on which the complaint or request is based.
Complaints and claims can be submitted for resolution by the Service, at any office of the Company, as well as at the e-mail address provided for this purpose.
The submission and processing of complaints and claims for resolution by the Service are completely free of charge.
Article 13. Deadline.
The submission of a complaint or claim by a client to the Service must be made within 2 (two) years from the date on which the client became aware of the facts that gave rise to the complaint or claim.
Complaints or claims submitted after the established deadline are rejected.
VII. PROCESSING
Article 14. Acceptance in exchange for consideration.
Upon receipt of the complaint or claim by the Company, it is transmitted to the Service, which proceeds to open a file.
The company confirms its receipt in writing and records the date of receipt for the purpose of calculating the deadline for adopting the decision.
The complaint or claim is submitted only once by the interested party, and the latter does not have to submit it repeatedly to different bodies within the company.
If the identity of the complainant is not sufficiently well-established or if the facts that are the subject of the complaint or claim cannot be established with sufficient clarity, the complainant is requested to complete the documentation submitted within ten calendar days and is warned that, failing that, the complaint or claim will be closed without any action being taken. However, despite the submission of the aforementioned complaint or claim, the interested party may submit a new complaint or claim regarding the same facts, in which case a new file shall be opened. The period used by the complainant to correct the errors referred to in the previous sentence shall not be included in the calculation of the fifteen (15) working day period provided for in Article 10 for the resolution of the complaint or claim.
Complaints and requests may be rejected as inadmissible only in the following cases:
If essential data for processing are omitted and cannot be rectified.
When they are intended to be processed as a complaint or claim, appeals or other actions that are being judged by other administrative, arbitral or judicial bodies, or are in the process of being settled or disputed, or when the subject has already been settled in such cases.
When the issues that are the subject of the complaint or claim do not relate to interests and rights legally recognized to individuals as clients of the company.
If the complaints or claims are filed with reference to other previous complaints and claims already resolved, filed by the same client in relation to the same facts.
If a period of 2 (two) years has passed from the date on which the client became aware of the facts that generated the complaint or claim.
If the Service becomes aware of the simultaneous processing of a complaint or claim and the fact that an administrative, arbitration or judicial procedure is underway regarding the same subject, it shall refrain from processing the complaint or claim in question.
If the complaint or request is deemed inadmissible for consideration for any of the aforementioned reasons, the interested party shall be notified by means of a reasoned explanation of the decision and shall be given 10 (ten) calendar days to present any arguments. If the interested party responds and the reasons for non-acceptance are maintained, it shall be notified of the final decision adopted.
Article 15. Processing.
During the processing of the file, the Service may request, both from the applicant and from the department or departments involved, any data, clarifications, reports or evidence it deems necessary for the resolution of the case. In each case, the Service may establish reasonable deadlines for the fulfillment of these requests.
Article 16. Renunciation and withdrawal.
If, in view of the complaint or grievance, the Company corrects its situation towards the complainant, to the latter's satisfaction, the client must notify the Service and justify this with supporting documents, unless the interested party expressly withdraws the complaint or grievance. In such cases, the complaint or grievance is closed without any further action being required.
Interested parties may withdraw their complaints and requests at any time. Withdrawal shall lead to the immediate termination of the procedure as regards the relationship with the interested party.
However, the Service may agree to continue in this regard within its function of promoting compliance with regulations on transparency and customer protection, as well as good financial practices and financial uses.
Article 17. Deadline for issuing the decision.
The Service issues its resolution, providing an answer to all questions raised, within fifteen (15) working days of receiving the complaint or claim.
In those cases where, for reasons beyond the control of the company, it cannot resolve the issue within fifteen (15) business days, a provisional response is sent, specifying both the reasons for the delay in responding to the complaint or grievance and the deadline within which the client will receive the final response. In both cases, the deadline for receiving the final response does not exceed one (1) calendar month.
If the Customer Service Department has not resolved the claim or complaint within the available time, the customer may submit the claim or complaint to the Bank of Spain's Complaints Service.
The customer may also file a complaint or claim with the Complaints Service of the Bank of Spain if the Customer Services Department issues a decision that is not satisfactory. The decision will expressly mention the customer's right, if they do not agree with the outcome of the decision, to appeal to the aforementioned service.
In any case, it will be necessary for the client to have exhausted recourse to the Customer Services Department before proceeding to the Bank of Spain Complaints Service and for one (1) year not to have passed since the complaint or claim was filed with the Company, if the client is a consumer.
Article 18. Content and notification of the decision.
The decisions of the Service resolving complaints or claims submitted must always be reasoned and must include clear conclusions regarding the request made in each complaint or claim. These resolutions must be based on the applicable legislation in force, on the contractual clauses, on the transparency and customer protection rules, as well as on good financial practices and usages. If the resolution deviates from the criteria stipulated in previous similar cases, the reasons justifying the change in criteria must be specified.
After the decision is issued, the complainant is notified within a maximum of ten (10) days from the date of its pronouncement, in writing or by computer, electronic or telematic means, provided that their format is legible, can be printed, and the documents can be archived and comply with the requirements set out in Law 59/2003 of 19 December on the electronic signature, as expressly designated by the complainant and, in the absence of this specification, by the same means by which the complaint or request was submitted.
VIII. EFFECTS OF THE DECISION
Article 19. Effects of the decision for the plaintiff and for the Company.
If the decision is favorable to the plaintiff, the decision shall be executed within one (1) month, during which the plaintiff shall be obliged to pay an amount or perform any other act in favor of the client, unless, given the circumstances of the case, the resolution stipulates a different term.
IX. ANNUAL REPORT
Article 20. Annual report.
In the first quarter of each year, the Service presents a report to the company's board of directors explaining how it carried out its tasks in the previous year.
The annual report shall include at least the following:
Statistical summary of complaints and claims handled, with information on their number, acceptance for examination and reasons for rejection, the reasons and issues raised in the complaints and claims, as well as the amounts and figures involved.
Summary of the decisions issued, specifying whether they were favorable or unfavorable to the plaintiff.
General criteria included in decisions.
Recommendations or suggestions derived from his experience, with a view to better achieving the goals that inform his actions.
Recommendations or suggestions aimed at facilitating the improvement of relations between the Company and its clients may be included in the Annual Report. The Company may also accept the publication of those decisions it deems appropriate, taking into account their general interest, preserving in all cases the confidentiality of the identity of the parties involved.
A summary of the report shall be included at least in the company's annual report.
Article 21. Amendment of the regulations.
These regulations may be amended by decision of the Board of Directors of the company, and any amendment is subject to verification by the Bank of Spain.