Article 1º. Purpose
These Regulations seek to define the status of the ENDESA Customer Ombudsman. The position of Customer Ombudsman was created under a resolution of the Board of Directors at its Meeting on September 12, 2001 and his main function is to defend and protect the rights of customers arising from their relations with the Company in the electricity distribution and retailing areas and, in general, in connection with ENDESA's relationships and services with its customers.
Article 2º. Principles governing conduct
The Customer Ombudsman, who will be governed by the principles of independence and equity in his work, will encourage dialog between the Company and its customers, foster relationships between the parties built on good faith and mutual trust, and contribute to improving service quality.
Article 3º. Persons with respect to whom the Ombudsman can act
The Ombudsman will hear relevant issues that affect relationships in Spain between ENDESA and any individual or legal entity with customer status, whether individually or through interlocutors representing them, consumer associations, municipal intermediation organizations, professional organizations, chambers of commerce, etc.
Article 4º. Issues on which the Ombudsman can act
The Customer Ombudsman will hear matters relating to the supply of electricity and the provision of water and gas services to customers such as, for instance, the formalization of supply contracts, connection charges, consumption metering, supply billings and collections, applications for indemnity payments, etc.
Article 5º. Appointment and term of office
The Customer Ombudsman will be appointed by the Board of Directors, at the proposal of its Chairman, from among persons who are independent and have renowned professional prestige.
The contractual relationship between the Company and the Customer Ombudsman will, under no circumstances, be a labor relationship.
The Customer Ombudsman will discharge his duties for five years and his appointment may be renewed for an equal term.
Article 6º. Vacation of office
The Customer Ombudsman will cease to discharge his duties if he becomes subject to one of the following situations:
- Expiration of the term of his appointment
- Resignation tendered to the Board of Directors of ENDESA, S.A.
- Supervening incapacity
- A conviction or disqualification from holding public office
- A resolution of the Board of Directors, at the proposal of the Chairman, based on manifestly negligent acts in the performance of his functions.
Article 7º. Incompatibilities
The Customer Ombudsman will be subject to the following restrictions both when he is appointed and while he discharges his duties:
- He may not hold office or discharge duties of representation, management or counseling at competing companies, or at companies which have a position of control at competing companies.
- He may not hold office or discharge duties of representation, management or counseling or have any relationship whatsoever, even through an interposed person, with entities which are habitual customers or providers of goods and services to ENDESA if this status could give rise to a conflict of interest with the Company. Financial institutions, as providers of financial services to the Company, are excluded.
- Specifically in connection with his conduct in securities markets, the Customer Ombudsman must abide by the provisions of the Regulations on Conduct in Securities Markets approved by the Board of Directors of ENDESA on July 24, 2001.
Article 8º. Functions of the Customer Ombudsman
The Customer Ombudsman will be entrusted with the following functions:
- Resolving customer complaints in the event of disagreement with the Company.
The Customer Ombudsman will act in the last resort when a customer complaint has been rejected by the customer care services established by the Company. - Dealing with external interlocutors with a view to forestalling the emergence or worsening of disputes and differences.
- Mediating in litigation or disputes between the Company and external interlocutors.
- Proposing the adoption of measures to improve service quality and meet customer expectations.
Article 9º. Excluded matters
The Customer Ombudsman cannot hear the following matters:
- Matters raised by external interlocutors with regard to their relationships with offices situated or activities engaged in outside Spain.
- Matters concerning the relationship between the Company and its stockholders as such.
- Matters concerning labor relations between the Company and its employees.
- Issues that are at the discretion of the Company.
- Matters that are subject to the decision of a judicial authority, or a public authority or agency reporting to that authority with enforcement (regulatory) power, or an arbitrator or arbitration panel, in matters concerning electricity supply or retailing.
- Matters that seek to impede, hamper or delay the exercise of any right of the Company against its customers.
- Matters where the quantum of the customer request or complaint exceeds €60,200.
Article 10º. Last resort appeal
The Ombudsman may not act until the written complaint has been dealt with through the Company's customer care services, either under an express resolution by the competent body or if two months have passed since its submission and the complaint has not yet been resolved.
Article 11º. Direct or indirect complaints
The Ombudsman will have authority to deal with a direct complaint from the customer in question or an indirect complaint made by organizations or external interlocutors of a representative nature, such as consumer associations.
Article 12º. Confidentiality of information
The information in case files will be confidential and only the parties concerned will have the right to know their contents.
Article 13º. Method, deadlines and requirements for submitting complaints
- Complaints submitted to the Customer Ombudsman must be in writing and must contain:
- The first and last names of the complainant and, if appropriate, those of the person representing him.
- The facts, reasons and request on which the disagreement is specifically based.
- The documentation supporting the complaint.
- The place, date and signature of the complainant.
- The Ombudsman's Office will acknowledge receipt of complaints received and record the date of their submission.
- Complaints must be submitted to the Customer Ombudsman within not more than one year after the occurrence of the facts complained of.
- In any case, as an unavoidable requirement for the Ombudsman to be able to resolve a complaint, the Company must have been previously apprised of the complaint and must have been able to make such submissions as it saw fit within not more than 15 days.
Article 14º. Termination of procedure
The Customer Ombudsman complaints procedure will be deemed to have come to an end with a reasoned resolution, discontinuance by the parties, a waiver of the right on which the complaint was founded, a declaration that the complaint has lapsed, or an agreed settlement for that purpose.
- The deadline for resolving matters submitted for the consideration of the Customer Ombudsman will be two months.
- If the Ombudsman does not receive a reply from the Company, it may be deemed that the Company admits the version of the facts according to the customer in question, and the Ombudsman may hand down a resolution consequently. If it is the customer that fails to reply, the Ombudsman may deem his involvement in the matter to have ended and will notify the customer thereof immediately.
- Any recommendations made by the Ombudsman will be notified to the parties concerned.
Article 15º. Effect of resolutions
Acceptance of a resolution by the Ombudsman will be voluntary for the complainant, who must give written notice of his acceptance within not more than 30 days. Otherwise, after the 30-day period has elapsed, the Ombudsman will assume that the resolution has not been accepted.
The resolutions of the Customer Ombudsman will be binding on the Company, which must carry them out by the deadline indicated in the resolution or, otherwise, within 30 days after express written acceptance by the complainant of the terms of the resolution.
Article 16º. Resolutions
Resolutions by the Customer Ombudsman will be based on the principles of conciliation, justice and equity.
Article 17º. The Company's obligations to the Customer Ombudsman
The Company will enter into the following commitments to the Customer Ombudsman:
- Allocate each year a budget for expenses necessary for the discharge of his duties.
- Cooperate in furnishing all the information requested by the Ombudsman for the proper discharge of his duties.
- Publicize the position of Customer Ombudsman as well as the provisions of these Regulations.
- Require all executives, employees and bodies of the Company to cooperate with the Customer Ombudsman whenever he so requires.
Article 18º. Calculation of budget
The Ombudsman will submit calculations for the expense budget in each fiscal year as well as a reasoned projection for the next fiscal year. The calculations may be accompanied by such financial or organizational proposal as the Customer Ombudsman may deem necessary for the better discharge of his duties.
Article 19º. Duty of information
The Customer Ombudsman may approach all the executives, employees and bodies of the Company, notifying the Managing Director or whoever the Managing Director may designate, in order to request all such information as he may consider necessary and of interest for the proper performance of his work.
The Ombudsman may submit to the Company reports, recommendations, questions or proposals on general or specific aspects of interest for the protection of the rights of customers and other external interlocutors and which may constitute an enhancement of the good relations and mutual trust between the Company and the latter.
Article 20º. Information for the Board of Directors
Within the first quarter of each year, the Ombudsman will lay before the Board of Directors a summary of the activities and proposals resulting from his work in the previous year.
Article 21º. Report
The Customer Ombudsman will submit each year a Report explaining his work to the Board of Directors of the Company and to the organizations representing external interlocutors, particularly consumer associations and municipal intermediation organizations.
This Report may also be viewed by customers on the Ombudsman website created for the purpose.
Article 22º. Entry into force
These Regulations will enter into force on the day following the date of their approval.
Article 23º. Publicity
Endesa will publish these Regulations on its website and on the Company intranet so that its customers and employees may be apprised of them.
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