Transport Arbitration Boards: Claiming for Removals and Parcels

🇪🇸 Read the original in Spanish

Have you received your furniture completely ruined after a house move, or has that important package you were waiting for gone missing while the transport company washes its hands of the matter? In Spain, facing off against large courier agencies or removal companies does not have to turn into a costly and endless judicial ordeal. There is a public, completely free, and highly effective avenue to resolve these disputes without the need for a lawyer or court agent: the Juntas Arbitrales de Transporte (Transport Arbitration Boards). In this detailed guide, written by the legal team at AbogadoAI, we explain how this mechanism works, which laws protect you, and how to claim step-by-step to get your money back.

What are the Transport Arbitration Boards and why are they your best option?

The Juntas Arbitrales de Transporte are administrative and institutional bodies created specifically to resolve, quickly and free of charge, commercial and consumer claims related to land transport (road and rail). They are mainly regulated by the _Ley 16/1987, de 30 de julio, de Ordenación de los Transportes Terrestres_ (LOTT) (Land Transport Organizing Act).

Unlike the ordinary judicial route, which can take years and generate high costs, transport arbitration offers an agile procedure. The decision made by the Board, called a _laudo_ (arbitral award), has exactly the same legal value as a court judgment. This means that if the transport company does not voluntarily comply with what is dictated in the award, you can go directly to the Juzgado de Primera Instancia (Court of First Instance) to request its forced execution.

When do these Boards have jurisdiction?

The Transport Arbitration Boards have jurisdiction to resolve claims when the amount of the dispute does not exceed 15,000 euros, unless one of the parties has expressly agreed otherwise in writing before starting the service.

If the claim is under 15,000 euros, it is legally presumed that there is an agreement to submit to arbitration. This is a huge advantage for citizens: you do not need the removal or parcel company to agree to submit to arbitration; the law obliges them to submit unless they had expressly declined this route before carrying out the transport.

The regulatory framework: What laws protect you in Spain?

To claim successfully before an Arbitration Board, it is essential to know the rules of the game and which legal regulations protect your rights as a user or consumer. In Spain, the legal framework is made up of three fundamental pillars:

1. Ley de Ordenación de los Transportes Terrestres (LOTT)

The aforementioned _Ley 16/1987_ (LOTT) regulates the functioning of the Boards (Articles 37 and 38) and establishes the general framework for the responsibilities of carriers within Spanish territory.

2. Ley del Contrato de Transporte Terrestre de Mercancías (Ley 15/2009)

This is the key regulation for determining the liability of the parcel or removal company. It establishes when there is deemed to be loss, damage, or delay, and sets the limits for compensation.

• Loss or damage: The carrier is liable for the total or partial loss of the goods, as well as for any damage (averías) they suffer from the moment of receipt for transport until delivery.
• Delay: A delay exists when the goods are not delivered within the agreed period or, failing that, within the timeframe that a diligent carrier would reasonably require.

3. Ley General para la Defensa de los Consumidores y Usuarios (Real Decreto Legislativo 1/2007)

If you hire a removal service or send a package as a private individual (a natural person acting outside of a commercial or professional activity), you have the legal status of a consumer. This grants you enhanced protection under RDL 1/2007. Article 128 of this law recognizes the right of consumers to be compensated for proven damages suffered due to the use of goods or services. Furthermore, clauses in transport contracts that abusively limit consumer rights or exempt the carrier from liability for gross negligence can be declared null and void for being considered abusive.

Compensation rules: How much money can you claim?

One of the aspects that most surprises citizens is that, by law, the carrier's liability is limited, unless comprehensive insurance has been contracted or a "declaration of value" has been made.

In standard parcel shipments (couriers)

According to Law 15/2009, compensation for loss or damage is limited to a maximum amount per kilogram of damaged or lost goods. This limit is calculated based on the Indicador Público de Renta de Efectos Múltiples (IPREM) (Public Multiple Effects Income Indicator) per day.

• Currently, the legal limit of compensation for loss or damage in national transport of goods stands at around €6.50 per kilogram of gross weight of damaged or lost goods.
• Critical exception: If the carrier acted with dolo (intent to cause damage or with negligence so gross that it equates to intent), these legal compensation limits disappear, and the company must pay the real and total value of the damages caused.

In removal contracts

Removals have a special and more protective regime under Law 15/2009 (Articles 71 to 77).

• Unlike standard parcel delivery, in removals the compensation limit for loss or damage is not calculated strictly by weight, but is usually calculated based on a fraction of the IPREM per cubic meter or, preferably, on the actual value of the furniture if a valued inventory was carried out.
• The removal company is obliged to deliver the goods in the same condition in which they received them. It is highly recommended to demand the preparation of a detailed inventory before the move.

Legal deadlines to claim: Time is of the essence

In the transport sector, the deadlines to protest damages are extremely short and rigorous. If you do not act within these deadlines, you will lose the right to claim.

1. Apparent damage (visible to the naked eye upon receiving the package or furniture): You must state your reservations (the written complaint) on the delivery note or transport document itself at the very moment of delivery. If you do not do so, it is presumed that you received it in perfect condition.
2. Non-apparent damage (hidden, which you discover upon opening the box or unwrapping the furniture): You must submit the written claim to the transport company within a maximum period of 7 calendar days from delivery (excluding the day of delivery). In the case of removals, this period is also 7 days (Article 76 of Law 15/2009).
3. Delay in delivery: If the loss or damage is due to a delay, the written reservation must be sent to the carrier within 21 days from the day the goods were placed at the recipient's disposal.
4. Limitation period to file the arbitration claim: The general period to submit the arbitration request before the Board is 1 year from the date of delivery of the goods or, in the case of total loss, from the day they should have been delivered.

Concrete examples of claims

To understand how these limits and laws apply in real life, let us analyze two very common practical scenarios.

Example 1: Shipping a laptop (Parcel delivery)

• The case: Carlos sends a laptop weighing 3 kilograms with a real value of €1,200 through a well-known express courier company. He does not purchase any additional insurance. The package is lost during transit.
• The legal resolution: Since he did not make a declaration of value or contract specific insurance, the legal limit per kilo of Law 15/2009 applies. The maximum compensation Carlos will receive will be approximately €6.50 per kilo, which equals €19.50 (3 kg x €6.50), even though the computer was worth €1,200.
• Lesson: To send high-value, low-weight items, it is essential to purchase additional insurance or make a declaration of value by paying the corresponding surcharge.

Example 2: House move with damage to appliances

• The case: María hires a complete removal service to move her belongings from one flat to another for a price of €900. Upon unpacking her smart TV (with a value of €800 and a weight of 15 kg), she notices the screen is completely broken. María takes a photo of the damage and sends a claim email to the removal company 3 days after delivery (within the legal 7-day limit for hidden damage).
• The legal resolution: As María claimed within the 7-day period and can prove that the damage did not exist before the move thanks to the prior inventory, the Transport Arbitration Board will uphold her claim. Since it is a removal contract and the amount of damage has been proven by the purchase invoice of the television, the Board will order the removal company to compensate María with the €800 value of the television, plus the corresponding legal interest.

Practical steps: How to claim step-by-step before the Arbitration Board

If the transport company rejects your claim or does not reply, it is time to turn to the Junta Arbitral de Transporte of your Comunidad Autónoma (Autonomous Community). The process is divided into the following steps:

Step 1: Prior written claim

Before turning to the Board, you must try to resolve the conflict amicably. Send a formal written claim to the company (preferably via burofax — a secure registered postal service — with acknowledgment of receipt and text certification, or through their customer service department with an incident number). In this document, you must detail the facts, the damages, and request a specific compensation amount.

Step 2: Locate the competent Arbitration Board

As a general rule, you can file the claim before the Arbitration Board of the place of origin of the transport, the destination, or the registered address of the transport company. The most convenient option for you is usually to choose the Board of your province of residence (if it coincides with the destination or origin).

Step 3: Draft and submit the arbitration request

Submitting the request is very simple and does not require complex formalities. Most Autonomous Communities have standard forms available on their electronic portals. In the application, you must state:

• Your personal details (name, surname, DNI/NIE, address, telephone number, and email).
• The details of the claimed company (Trade name, corporate name, CIF — tax ID, and registered address).
• A clear and orderly explanation of the facts.
• The exact financial amount you are claiming (in euros).
• Attached documentary evidence: Delivery note, removal contract or shipping invoice, photographs of the damages, the prior claim sent to the company, and invoices proving the value of the damaged or lost items.

You can submit the application online using a digital certificate or Cl@ve (electronic identification system), or in person at the official registries of your Autonomous Community.

Step 4: Admission of the claim and scheduling of the hearing

The Board will analyze the documentation. If it is admitted, the claimed company will be notified so they can present their arguments. Subsequently, both parties will be summoned to an oral hearing.

Important note: Attending the hearing is not mandatory if the claim amount is low, as you can request that the case be resolved solely based on the written documentary evidence provided. If you decide to attend, the hearing is a simple event where each party presents their arguments before the members of the Board.

Step 5: The Arbitral Award

Within a period that usually ranges between 3 and 6 months from the submission of the application, the Board will issue the laudo. This award is binding and compulsory for both parties.

Mistakes you must avoid when claiming

To ensure the success of your claim before the Transport Arbitration Board, avoid making these common mistakes:

• Not recording the damages at the time of delivery: Signing the delivery note with a "received in good condition" without checking the goods or without writing "pending inspection" or noting visible damages almost completely destroys your chances of success if the damages were externally obvious.
• Letting the 7 calendar days pass: If you detect that an item inside a removal box or package is broken, do not wait weeks to claim. If you send the complaint on the eighth day after delivery, the law presumes that the damage occurred in your home and you will lose the right to compensation.
• Failing to provide proof of the real value of the goods: It is not enough to say "my television was worth 1,000 euros." You must provide purchase invoices, official repair quotes, or screenshots from trusted stores that prove the replacement cost of an identical item or one with similar characteristics.
• Not keeping the damaged original packaging: If a package arrives crushed or broken, keep the cardboard box and the internal protections. Take detailed photos of the packaging before opening it, as this proves that the damage occurred during transport and not during unpacking.

Frequently Asked Questions (FAQ)

Do I have to pay anything to use the Transport Arbitration Board?

No, the arbitration procedure before the Transport Boards is 100% free for both parties. There are no administrative fees, nor are there court costs awarded against the losing party, so you do not run the risk of having to pay the transport company's lawyers if you lose the case.

Can I claim if I am a foreigner and do not have Spanish nationality?

Yes, of course. Any natural or legal person who hires a transport or removal service with its origin or destination in Spain can use this system. You only need to have a valid identification number in Spain (such as a NIE or passport) to submit the application and prove your identity.

What happens if the removal company does not attend the Board hearing?

If the removal or parcel company has been correctly notified and decides not to appear or present arguments, the procedure continues. The Board will issue the award based solely on the evidence and arguments you have provided. Therefore, their failure to appear usually works in your favor.

Can I claim moral or emotional damages for the loss of an item?

Generally, the Transport Arbitration Boards limit compensation to actual material damage (the replacement value of the item or the cost of its repair) and direct, provable financial loss. It is extremely difficult to obtain compensation for moral or sentimental damages (for example, the loss of old family photos) due to the difficulty of objective economic valuation.

What do I do if the company refuses to pay the award issued by the Board?

If the award is in your favor and the company does not pay you the agreed amount within the voluntary period established, you can go to the Juzgado de Primera Instancia of the company's registered address to request the forced execution of the award. The court will proceed to seize the bank accounts or assets of the company to pay you your money, without you having to argue the merits of the case again.

In summary

• The Transport Arbitration Boards resolve claims regarding removals and parcels free of charge, quickly, and without the need for a lawyer.
• They automatically have jurisdiction for claims up to 15,000 euros, unless agreed otherwise before the service was carried out.
• The deadline to claim hidden damages (not visible upon receiving the package) is 7 calendar days from the delivery of the goods.
• In standard parcel delivery, compensation by law is limited to approximately €6.50 per kilogram damaged or lost, unless you purchase additional insurance.
• In removals, liability is governed by specific rules, and it is vital to have a prior valued inventory to ensure full reimbursement for damages.
• The award issued by the Board has the same force as a court judgment and can be enforced through the courts if the company does not pay voluntarily.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.