Consumer Disputes

Resolving Consumer Disputes

We are a Consumer ADR Entity licensed by the Consumer Protection Service. We resolve disputes filed by consumers in relation to loans, restructuring of loan facilities, purchase of goods or services – easily, quickly and at a low cost.

 

Step 1

Submission of Complaint

The Consumer who has a complaint against a trader files the complaint with us through the online process or by sending us the relevant complaint form by fax.

Step 2

Payment of €20 Administrative Fee

A fee of €20 is paid for the examination of the complaint by the Consumer.

Step 3

Communication with the Trader

We contact the Trader and send to it the details of the complaint.

Step 4

Acceptance by the Trader

The Trader decides whether to accept the consumer’s request to resolve the dispute.

Step 5

Payment of Fees

If the Trader accepts the complaint, then the consumer and the trader pay the fees depending on the method of resolution and the value of the complaint.

No fees are charged to the consumer for financial disputes.

Step 6

Initiation of the Dispute Resolution Process

We appoint a mediator, conciliator or arbitrator (ADR Specialist) depending on the dispute at hand and the procedure begins where the parties attend together with the ADR Specialist in order to resolve the dispute and reach a solution.

Example 1 Purchase of a Defective Car

Example 2 Overcharges by a Bank

Example 3 Purchase of a Defective Laptop

Example 4 Purchase of a TV Online 

MANDATORY INFORMATION FOR CONSUMER DISPUTES

Our Contact Details

Address: Kyriakou Matsi 16, Eagle House, 8th Floor, 1082, Nicosia, Cyprus

Telephone: +357 22 519741

Fax: +357 22 318214

E-mail: secretariat@adr.com.cy

Our Authority to Act as an ADR entity

Our Entity is included in a list of ADR Entities and can be found in the website of the Consumer Protection Service and the website of the European Commission.

Languages

The languages in which complaints can be submitted and in which the ADR procedure is conducted are Greek or English.

Membership in networks of ADR entities fasciitating cross-border dispute resolution

We are currently working on this.

Types of DIsputes we are competent to deal with

We currently competent to deal with the following matters arising from consumer disputes:

  • Consumer Goods
  • Education
  • Energy and Water
  • Financial Services
  • General Consumer Services (Such as Real Estate, Construction of new houses, House maintenance and improvement, renovation)
  • Health
  • Leisure Services
  • Transport Services

There are no thresholds in relation to any of the disputes which we deal with. However, in case the consumer chooses arbitration, the dispute must be over €500 in value.

Our Procedural Rules, average length of the procedure and binding nature of procedures

We use three types of Alternative Dispute Resolution procedures for Consumer Disputes. These are Arbitration, Conciliation and Mediation.

Type of ADR Procedure Rules Other rules which we may use Average length of the procedure Is the procedure Binding?
Arbitration Arbitration Rules Arbitration Law of Cyprus (Cap 4) 60 days from the procedure being initiated The procedure is binding provided that the parties have been informed after the dispute arising of its binding nature. An award issued during the arbitral process may be enforced by the court.
Conciliation Conciliation Rules 40 days from the procedure being initiated

Conciliation and Mediation are not binding and the consumer or trader can walk out of such procedures at any time.

This is unless an agreement is reached between the parties. Such agreement can have the effect of a court judgement if it is registered at the court.

Mediation Mediation Rules

Law 158(I)/2012 – Law on Certain Matters Arising in Civil Disputes Law of 2012

Law 85(I)/2017 – Law on Alternative Dispute Resolution of Consumer Disputes

What are the fees of Consumer ADR procedures?

The costs of each procedure are the following:

The fees payable by the consumer and the trader vary depending on the ADR procedure used.

1. MEDIATION/CONCILIATION

Filing Fees for a Consumer who files the Request

€20 non-refundable filing fee, to file the dispute with the Center.

Mediation/Conciliation Fees

Amount of Purchased Goods or Services in Euro (€) Consumer Fees in Euro (€)* Trader Fees in Euro (€)
Up to 500 20 80
501 – 2.000 40 160
2.001 – 10.000 80 320
10,001 -50,000 160 640
50,001 – 100,000 320 1280
100,001 and over 640 1700
  1. All the above fees are exclusive of VAT and are payable prior to the initiation of the Mediation/Conciliation.
  2. The above fees are based on 8 hours of Mediation/Conciliation. For every extra hour required for Mediation/Conciliation the following fees are payable:

(a) An additional fee of €20 plus VAT per hour for the Consumer and €60 plus VAT per hour for the Trader for any disputes between €0 – €10,000.

(b) An additional fee of €40 plus VAT per hour for the Consumer and €100 plus VAT per hour for the Trader for any disputes over €10,000.

* For financial disputes, no Mediation/Conciliation Fee is payable by the Consumer. For all other cases, the maximum amount payable by the Consumer is €800

3. ARBITRATION

Filing Fees

€20 non-refundable filing fee, to file the dispute with the Center.

Arbitration Hourly Fees

Amount of Purchased Goods or Services in Euro (€) Consumer Fees in Euro (€) Trader Fees in Euro (€)
500 to 10.000 25 100
10.001 and over 30 120
  • All the above fees are exclusive of VAT and are payable on a per hour basis.
  • A deposit of two hours of Arbitration shall be paid with the commencement of the proceedings (article 3(2) of the Rules)
  • The maximum amount payable by the Consumer is €1000

Natural Persons in Charge of ADR

You can see the persons responsible for ADR by clicking on this link.

Can the consumer or trader withdraw from the procedure?

This depends on the procedure. In the case of arbitration, and provided that this has been agreed after the dispute arising, neither the consumer nor the trader can withdraw from the procedure.

In the cases of mediation and conciliation both parties can withdraw from the procedure prior to reaching an outcome.

When can we refuse to initiate the ADR procedure?

Not all disputes are subject to ADR by the Center. In the following scenarios, we will refuse to initiate an ADR procedure between the consumer and the trader:

  • the consumer did not attempt to contact the trader concerned in order to discuss his complaint and seek, as a first step, to resolve the matter directly with the trader.
  • We find the dispute to be frivolous or vexatious.
  • the dispute is being or has previously been considered by another ADR entity or by a court.
  • the value of an arbitration claim falls below €500.
  • the consumer has submitted the complaint to us after one year from the date upon which the consumer submitted the complaint to the trader.
  • dealing with such a type of dispute would otherwise seriously impair the effective operation of the Cyprus Consumer Center for Alternative Dispute Resolution.

Where, in accordance with our rules we are unable to consider a dispute that has been submitted to us, we shall provide both parties with a reasoned explanation of the grounds for not considering the dispute within three weeks of receiving the complaint file.

Prerequisites to examining a complaint by the consumer

Generally, in order for us to be able to examine a complaint against a trader by the Consumer, the following 3 requirements must be satisfied:

  1. A payment of €20 must be made by the Consumer.
  2. The consumer must have filed his complaint within 1 year after the consumer has attempted to resolve the dispute with the trader.
  • An attempt must have been made by the consumer to resolve the matter directly with the trader.