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HOW TO CLAIM DEBTS ON DIGITAL PLATFORMS: AIRBNB, UBER, AND MARKETPLACES UNDER LEGAL SCRUTINY IN SPAIN

Por Diego Ricardo Molinari Chiarappa / 22 de agosto de 2025

💡 MCHM Lawyers - Lawyers - Payment Order Procedure, European Payment Order, European Small Claims Procedure
📎 How to claim debts on digital platforms: Airbnb, Uber, and marketplaces under legal scrutiny in Spain
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👉 Debt Claims on Digital Platforms: Airbnb, Uber, and Marketplaces in Spain
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💬In the digital age, hiring services and purchasing products through platforms like Airbnb, Uber, Amazon, Wallapop, or Vinted has become a common practice. However, this convenience has also brought growing legal complexity when economic conflicts arise, such as non-payments, wrongful charges, or contractual disputes. In this article, we address how to claim debts on these platforms and which forum is competent to resolve these conflicts in Spain. ✍️
1. Nature of the Conflict: What Can Be Claimed?
The most common claims on digital platforms include:
• Wrongful charges for services not provided or canceled.
• Unprocessed refunds after cancellations or returns.
• Withheld payments by the platform (for hosts or sellers).
• Unjustified damages attributed to the user without sufficient evidence.
• Misleading advertising or breach of contractual terms.
An illustrative example is the case of an Airbnb user who received a charge of 374.91 euros for alleged damages to a property, without being properly informed or having the opportunity to defend herself. The platform accepted the host’s claim without verifying the facts, leading the affected user to file a formal claim with the Organization of Consumers and Users (OCU).
2. Claims Procedures: Where and How to Claim?
A. Internal Platform Claim
Most platforms have internal resolution centers. For example:
• Airbnb has a "Resolution Center" where hosts and guests can request or send money regarding their stay.
• Uber allows reporting payment issues via its app or website.
• Amazon and marketplaces offer claim forms and buyer protection.
These channels are useful for resolving minor conflicts, but they do not always guarantee impartiality or transparency.
B. Extrajudicial Claim
If the platform does not respond or the solution is unsatisfactory, one can turn to:
• Consumer Arbitration Boards.
• Municipal Consumer Information Offices (OMIC).
• Spanish Agency for Consumer Affairs, Food Safety and Nutrition (AECOSAN).
These entities provide free and fast mechanisms to resolve conflicts between consumers and companies.
C. Judicial Claim
When the previous channels do not work, the option is to go to the courts. This is where the competent forum comes into play.
3. Competent Forum: Which Court Should Resolve?
Determining the competent court for conflicts with digital platforms is governed by several regulations:
A. Law on Information Society Services (LSSI)
Article 29 establishes that electronic contracts with consumers are presumed to be concluded at the consumer’s habitual residence. This means that the consumer can sue from their home.
B. Civil Procedure Law (LEC)
Article 54 invalidates express submission clauses in adhesion contracts (like platform terms and conditions) if they harm the consumer. Therefore, it is not valid for a platform to impose that any conflict must be resolved in foreign courts.
C. Brussels I Bis Regulation (EU)
This European regulation strengthens consumer protection, allowing them to sue in their country of residence, even if the company is domiciled in another member state. In addition, it prevents platforms from suing the consumer outside their country.
4. Platform Obligations under the DSA
The Digital Services Act (DSA), fully applicable in Spain from 2025, imposes new obligations on platforms:
• Quick removal of illegal content.
• Accessible reporting channels.
• Algorithmic transparency.
• Enhanced consumer protection.
• Fines up to 6% of annual turnover for serious violations.
The National Commission on Markets and Competition (CNMC) supervises compliance with these obligations, strengthening the legal framework for claims.
5. Practical Recommendations
• Document everything: keep screenshots, emails, messages, and invoices.
• Exhaust the internal channel: first claim within the platform.
• Turn to consumer organizations if there is no response.
• Consult a lawyer if the amount is significant or the conflict is complex.
• Avoid abusive clauses: do not accept conditions that limit your rights without reading them.
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Conclusion
Claiming debts on digital platforms requires knowing your rights as a consumer and the available channels to exercise them. In Spain, the legal framework favors the user, allowing them to claim from their home and invalidating abusive clauses. The application of the DSA and supervision by the CNMC reinforce this protection, making the digital environment fairer and more transparent.
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⚖️ Welcome to the Online Civil Procedure offered by MCHM Lawyers. Through our online platform, we offer you the convenience of completing the entire procedure from the comfort of your home, without the need to visit our office or the courts (except for mandatory procedures). Below, we will guide you through each step of the process:
Access to Your Personal Account: Once you access our website https://www.mchmabogados.es/idiomas/en/inicio-sesion-mchmabogados-almeria [Civil], you can create a personal account or log in if you already have an existing account. From your personal account, you will have access to all the necessary tools to complete the Civil Procedure.
Uploading Documents: From your personal account, you can upload all the necessary documents to start the Civil Procedure. This includes text documents, images, and any other relevant documents for your case.
Receiving Notifications and Requirements: Once you have uploaded your documents, you will receive notifications and requirements through your personal account on our online platform. These notifications will include information about the status of your case, any actions required on your part, and any important communication related to your Civil Procedure.
Tracking the Process: From your personal account, you will be able to track the progress of your case in real time. This includes information about hearings, court rulings, and any other relevant updates.
Communication with Your Lawyer: Through our online platform, you will have the ability to communicate directly with your assigned lawyer. You can make inquiries, ask questions, and receive personalized legal advice at any time during the process.
Receiving the Judgment: Once the process has been completed, you will receive the final judgment through your personal account on our online platform. This judgment will include any decision made by the court in relation to your Civil Procedure.
In summary, our Online Civil Procedure offers you the convenience and flexibility of completing the entire procedure from the comfort of your home, without the need to visit our office or the courts (except for mandatory procedures). With access to your personal account on our online platform, you will be able to upload documents, receive notifications, communicate with your lawyer, and track the progress of your case in real time. At MCHM Lawyers, we are committed to providing you with the best possible service throughout the entire Civil Procedure.
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📍 For more information, do not hesitate to contact MCHM Lawyers. ✍️
⚓️ Digital claims, competent court, unfair terms, consumer rights, online platforms, unpaid rentals on Airbnb, conflicts with Uber, marketplaces and justice, legal protection, out-of-court settlement, Digital Services Act, CNMC, consumer jurisdiction, electronic contracts, digital justice, online claims, responsible consumption, European regulations, user protection, tech litigation

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