claim

A complaint ( Latin reclamare , "to call out loud against it") is colloquially understood in the economy as a notification of defects with which the client , customer or buyer complains to the seller of the defect in a purchased item or service .

General

In France , the Latin verb was adopted as a loan word ( French réclamer ), which there had the meaning "raise objection" and formed the basis for today's German word "reclamation". The complaint relates to a disruption in performance, particularly in the case of sales contracts , the purchase of consumer goods , but also in the case of a rental contract , travel contract or contract for work . If the purchase item or service acquired with these contracts shows material and / or legal defects that are discovered by the buyer / tenant / traveler / client, he is obliged to notify the seller with the help of the complaint.

The complaint is only a legal term in Section 97 (2) TKG in connection with the use of personal data by telecommunications companies , otherwise it is referred to as a notification of defects or a complaint , depending on the legal area .

Legal issues

The legal basis for complaints in the purchase contract is the seller's guarantee resulting from § 437 BGB , according to which the buyer will supplementary performance ( § 439 BGB) or damages (§ § 280 BGB, § 281 BGB, § 283 BGB and § 311a BGB) or after § 441 BGB can demand a reduction in price or can withdraw from the contract according to § § 323 BGB, § 326 BGB . When making a complaint, it is not necessary to present the receipt if other evidence can confirm the purchase in a certain shop (e.g. the account statement for card payments ).

If there is a defect in the rental property during the rental agreement or if a measure to protect the rental property against unforeseen danger is required, the lessee must notify the lessor immediately in accordance with Section 536c of the German Civil Code ( BGB ). Recognizable defects in the rental object must be reported by notification of defects. The obligation to report defects exists if the tenant is forced to objectively perceive defects or if he negligently fails to make obvious findings . The landlord must remedy create, otherwise the tenant may in accordance with § 536 BGB rent reduction to make.

Gives the tour the traveler the travel contract in accordance with § 651i not of BGB free travel defects so must the traveler to lodge a complaint immediately. In reverse to the procedure a travel defect exists if the package does not have the agreed quality or if the tour operator travel services are not ( non-performance ) or with inappropriate delay gives. If the package tour is inadequate, the traveler can request remedial action in accordance with Section 651i Paragraph 3 BGB according to Section 651k Paragraph 1 BGB ( supplementary performance ) or, in accordance with Section 651k Paragraph 2 BGB, take remedial action ( self-provision ) and demand reimbursement of the necessary expenses, according to Section 651k para. 3 BGB request remedial action through other travel services (replacement services), demand payment of the costs for necessary accommodation according to § 651k para. 4 and 5 BGB, terminate the contract according to § 651l BGB , which result from a reduction in the travel price from § 651m BGB Assert rights or demand compensation according to § 651n BGB or reimbursement of expenses according to § 284 BGB . For the duration of the lack of travel, there is a statutory reduction in the travel price in accordance with Section 651m BGB.

When work contract provides § 634 BGB the same rights before as in the purchase agreement, as well as the customer is in accordance with § 637 BGB for self-performance justified. In the case of construction work , the contractor must provide the client with the construction work free of material defects in accordance with Section 13 (1) VOB / B. The client may refuse acceptance due to significant defects ( Section 12 Paragraph 3 VOB / B), but is obliged to notify defects in writing according to Section 13 Paragraph 5 VOB / B.

If the commercial purchase is a commercial transaction for both contracting parties , then according to Section 377 (1) of the German Commercial Code ( HGB) the buyer must inspect the goods immediately after delivery by the seller and, if a defect is found, notify the seller of the defect immediately.

economic aspects

In business , there are complaints both in procurement and in distribution . If a company purchases goods or services for its own production as intermediate goods , part of the incoming goods may be defective. For this is operation "complaint" provided that in the framework of quality assurance detects errors noted and the affected delivery against the vendor / supplier rejects. In sales, the poor product or service quality that does not meet customer expectations is affected . Here that has quality management for customer satisfaction to care by eliminating the alleged shortcomings by the customer or makes a subsequent performance.

The complaint rate indicates the proportion of defective products complained about in relation to all manufactured products : ${\displaystyle P_{r}}$ ${\displaystyle P_{h}}$

${\displaystyle Reklamationsquote={\frac {P_{r}}{P_{h}}}\cdot 100\,\%}$.

This business key figure is important in complaint management . A high rate of complaints requires a weak point analysis and the subsequent elimination of weak points . In order to increase customer loyalty , the aim is to keep the complaint rate as low as possible.

Demarcation

Basically, it makes sense to distinguish between complaints that are processed routinely and the actual complaints . Complaints are performance disruptions resulting from a main obligation, complaints, on the other hand, only concern secondary obligations of the contract such as unfriendly service. For complaints, on the other hand, it is characteristic that the seller is liable for material defects. In complaints and quality management, not only complaints but all customer feedback are systematically collected and evaluated. The exchange is not a complaint, because it concerns the exchange of goods that are free of defects for other goods as part of goodwill .

International

The complaint is also not a legally standardized term in other countries and is therefore also part of everyday language. The legal bases of claims for a complaint also relate to the cancellation, warranty and guarantee claims. In the course of the implementation of the EU directive on the sale of consumer goods ( directive 99/44 / EC ), mostly uniform minimum standards for the European Union were created in all EU member states, which largely correspond to the situation in Germany. The implementation of the EU directive into national law took place in Germany as part of the modernization of the law of obligations . Outside the European Union, for the most part, lower standards apply, which are often only based on the provisions of the UN sales law .

Web links

Wiktionary: Complaint  - explanations of meanings, word origins, synonyms, translations

Individual evidence

1. ↑ Ursula Hermann, Knaurs etymologisches Lexikon , 1983, p. 411
2. ↑ Lutz Schwalbach, Outsourcing of the purchasing processes , 2020, o. P.
3. ↑ Willy Schneider / Alexander Hennig, Lexicon Key Figures for Marketing and Sales , 2008, p. 273
4. ↑ Jörg Bürkle, Chefsache Marke , 2019, p. 191
5. ↑ Willy Schneider / Alexander Hennig, Lexicon Key Figures for Marketing and Sales , 2008, p. 59
6. ↑ Jörg Bürkle, Chefsache Marke , 2019, p. 45
7. ↑ Information for consumers - Reklamation.com. Retrieved on November 23, 2017 (German). 

Please note the information on legal issues!