Decree-Law no. 19/2008 of 09 June – Establishes the obligation and makes available the complaint book in all operating establishments of goods and service provision.

OBLIGATIONS OF THE SERVICE PROVIDER

The service provider is obligated to:

• Possess the complaints book in the establishments where the activity is concerned;
• Provide the user immediately and free of charge the complaints book every time it is requested;
• Post in its establishment, in a very visible spot and in characters easily readable by the user, a sign with the following information: “This establishment has a complaint book at your disposal” and the complete identification and address of the entity to which the user must submit his complaint;

• Maintain, at least for three years, an organized archive of complaints book that had finished.

The service provider cannot justify the absence of the complaints book in the establishment in which the user has made his request by the simple fact that it is made available in other establishments, dependencies or branches. Each service must have their own complaints book at their disposal.

The service provider or the employee of the establishment cannot condition the presentation of the complaints book to the need of identification of the user.

If the complaints book is not immediately provided to the user, he can request the presence of police authority in order to reject this refusal or have this authority duly take note of the event and have it brought to the competent authority to supervise the sector concerned.

COMPLAINT FORMULA

A complaint is formulated through a filing of a complaint sheet. In this sheet, the user must:

• Fill in correctly and completely all fields of the sheet concerning his identification and his address;
• Fill in correctly the identification and the location of the service provider;
• Describe in a clear and complete way the facts that motivated his complaint.

It is mandatory for the service provider to give all the necessary elements for the filling of the fields related to its identification, being obliged still to confirm that the user filled the concerned fields correctly.

SENDING OF THE COMPLAINT SHEET AND ALLEGATIONS

After filling of the complaint sheet, the service provider and the establishment employee must:

• Highlight from the complains book the original which, within 10 working days, must be sent to the regulator entity of the sector, the Civil Aviation Authority AAC;
• The remittance of the original complaint sheet can be accompanied by the allegations the service provider deems fit to provide as well as the clarifications given to the claimant in virtue of his complaint;
• Hand in the duplicate of the complaint to the user, conserving the triplicate, which is an integrated part of the book of complaints, therefore cannot be withdrawn.

Without prejudice on the above mentioned, the user can also send the duplicate of the complaint sheet to regulator entity of the sector, the Civil Aviation Authority- AAC

PROCEDURES OF THE REGULATOR ENTITY OF THE SECTOR, THE CIVIL AVIATION ENTITY– AAC

It is up to AAC to:

• Receive the complaint sheets and if case may be, the respective allegations;
• Instigate adequate proceedings if the resulting of the complaint should indicate facts of infractions provided for in specific rules applicable;
• Notify the service provider so that within 10 working days, it submits allegations it finds most convenient.

If the complaint sheet presents sufficient identification of the claimant, AAC can, in writing, inform of such, about the procedure or measures that have been or will be adopted following the complaint.

If the complaint sheet results in a litigious situation, AAC must, in writing and after completing all necessary diligences needed to conclude the legal restauration of the situation, inform the claimant about the procedure or measures that have been or will be adopted following the complaint.

ACQUISITION OF A NEW COMPLAINTS BOOK

The closure, loss or destruction of the complaints book forces the service provider to acquire a new book.

The loss or destruction of the complaints book forces the service provider to immediately inform AAC, period of time in which it must also redirect the user to which ever entity is willing to accept his complaint.

ADMINISTRATIVE OFFENSES

Infractions constitute administrative offenses punishable with imposition of fines and where the seriousness of the case prevails, ancillary fines, under the terms of the general regime of administrative offenses are committed.