Reclamos y denuncias · Amanecer Austral

Amanecer Austral SpA

Version: 1.0.0
Last updated: 28 May 2026
Next review: {{nextReview}}
Canonical URL: https://amaneceraustral.com/legal/reclamos
Related documents: Terms and Conditions · Legal Notice · Privacy Policy · Anti-Discrimination Policy

Purpose and Scope
Applicable Legal Framework
Complaint Channels
Internal Procedure
Complaint Categories and Escalation
Records, Traceability and Retention
SERNAC Procedure and Judicial Routes (Chile)
ADR/ODR Procedure (European Union)
Unfair Terms — Commitment of Non-Inclusion
Advertising and Commercial Practices
Right of Withdrawal
Mandatory Pre-Contractual Information
Alternative Dispute Resolution
Annual Public Statistics
Whistleblower Channel — Directive (EU) 2019/1937
Technical Implementation Notes
Cited Sources
Annex I — Complaint Template
Version History

1. Purpose and Scope

1.1. This Policy governs the submission, handling and resolution of complaints brought by consumers and third parties against Amanecer Austral SpA (hereinafter, "the Company") in connection with the provision of real estate services and ancillary services (valuation, _property management_, expat legal advice, _concierge & relocation_, _interior design & staging_).

1.2. Legal classification of the service. The real estate advisory provided to natural persons not acting as merchants has the nature of a consumer relationship in accordance with Art. 1 of Law 19.496 on Consumer Rights Protection (hereinafter, LPDC) in Chile. In the European Union, ancillary services and the pre-contractual phase of the real estate transaction fall within the scope of Directive 2011/83/EU on consumer rights; the sale and purchase of real estate itself is excluded by Art. 3(3)(e) of that Directive, without prejudice to the full application of the consumer regime to all related and pre-contractual matters.

1.3. This Policy is binding on all internal staff, external collaborators, associated agents and providers intervening in the service delivery chain.

1.4. Cross-references. Timeframes and the _click-wrap_ mechanism coincide with Terms and Conditions §14. The anti-discrimination reporting channel is coordinated with Anti-Discrimination Policy §§ 8 and 9. The complaints record retention table is governed by §6 of this Policy and the Data Retention Policy.

2. Applicable Legal Framework

2.1. Chile

Law 19.496 on Consumer Rights Protection (LPDC), in particular:
Art. 3(a), (b), (d) and (e) (basic consumer rights: free choice, truthful and timely information, consumer safety, adequate redress and compensation).
Art. 16 (terms not incorporated — unfair terms).
Art. 28 (supplier liability for false or misleading advertising).
Art. 50 (procedure to give effect to rights).
Arts. 50 A to 50 G (procedure before the Local Police Court and SERNAC mediation).
Art. 51 (procedure for the defence of collective or diffuse interest).
Art. 58(h) (SERNAC powers, public registry).
Law 21.081 (2018), perfecting the voluntary collective SERNAC procedure and reinforcing supervisory powers.
Law 21.398 (2021) — Pro-Consumer Law.
Law 20.393 on criminal liability of legal persons (bribery, laundering, terrorism financing).
Law 21.595 (2023) on economic offences and offences against the environment.
Law 20.609 (Zamudio Law) on measures against arbitrary discrimination (cross-referenced with the Anti-Discrimination Policy).

2.2. European Union

Directive 2011/83/EU on consumer rights, in particular:
Art. 6 (mandatory pre-contractual information).
Art. 16 (exceptions to the right of withdrawal).
Art. 21 (helpline — prohibition of tariffs higher than the basic rate).
Directive 2005/29/EC on unfair commercial practices, with its Annex I (black list).
Directive (EU) 2019/2161 (Omnibus Directive) modernising consumer law.
Directive 2013/11/EU on alternative dispute resolution in consumer matters (ADR).
Regulation (EU) 524/2013 on online dispute resolution (ODR platform).
Regulation (EU) 2018/302 on unjustified geo-blocking.
Directive 93/13/EEC on unfair terms in consumer contracts (Annex I — indicative list).
Regulation (EU) 2016/679 (GDPR), in particular Art. 13(2)(d) (right to lodge complaint with supervisory authority).
Directive (EU) 2019/1937 on the protection of persons reporting breaches of Union law (Whistleblower Directive) — see §15.

2.3. Others (where applicable)

United States: Fair Housing Act 1968 (Title VIII Civil Rights Act, 42 U.S.C. §§ 3601-3619), applicable to US-resident or national buyers in housing information.
United Kingdom: Consumer Rights Act 2015 (post-Brexit) and The Property Ombudsman / Property Redress Scheme.

3. Complaint Channels

Any consumer or legitimated third party may submit a complaint, free of charge, through any of the following channels, all of which shall have identical visibility on the website and shall be communicated to the consumer in any relevant contractual or pre-contractual communication:

| # | Channel | Data | Acknowledgement period | | --- | ---------------------------------- | ---------------------------------- | ---------------------------- | | 1 | Dedicated email | reclamos@amaneceraustral.com | 5 business days | | 2 | Web form | /legal/reclamos | 5 business days | | 3 | Postal mail | [POR CONFIRMAR — Urzula completa este dato en /admin/ajustes/legal/empresa] | 5 business days from receipt | | 4 | WhatsApp support (no premium rate) | +56992804363 | 5 business days | | 5 | EU ODR platform | https://ec.europa.eu/consumers/odr | as per platform | | 6 | In-person by appointment | [POR CONFIRMAR — Urzula completa este dato en /admin/ajustes/legal/empresa] | 5 business days | | 7 | Telephone | +56 9 9280 4363 | 5 business days |

Note on telephone line and WhatsApp. In accordance with Art. 21 of Directive 2011/83/EU, no consumer communication with the Company shall be subject to a tariff higher than the basic rate.

Mandatory link to the EU ODR platform. Where the consumer is a resident of an EU Member State, the Site and the relevant emails in a B2C relationship shall contain an easily accessible electronic link to the ODR platform (https://ec.europa.eu/consumers/odr), in accordance with Art. 14 of Regulation (EU) 524/2013.

4. Internal Procedure

4.1. Acknowledgement of receipt

The Company will send formal acknowledgement of receipt within five (5) business days of receipt of the complaint, identifying:

Unique tracking number.
Date of receipt.
Assigned officer and category of the complaint (per §5).
Estimated period for substantive response.
Escalation channels available.

This acknowledgement complies with the effective response duty of Art. 50 LPDC and the general good-faith contractual duty of Art. 1546 of the Chilean Civil Code.

4.2. Investigation and substantive response

The Company will issue a reasoned substantive response within fifteen (15) business days of acknowledgement of receipt. The response will include:

Verified facts.
Legal classification of the complaint.
Resolution adopted (uphold in full, uphold in part, reject with reasons).
Corrective measures, restitutions or compensation where applicable.
Information on external escalation channels (SERNAC, ADR/ODR, judicial).

4.3. Extension of the period

If the complexity of the case so justifies, the Company will notify the consumer within the original 15 business day period indicating:

Specific reason justifying the extension.
New period no longer than thirty (30) additional business days.
Single point of contact during the extension.

4.4. Resolution and closure

The complaint shall be deemed resolved upon a reasoned response notified to the consumer. The consumer may express agreement or disagreement; disagreement does not produce automatic reopening but enables external escalation (SERNAC, JPL, EU ADR/ODR, judicial).

4.5. Coordination with Terms and Conditions

The periods in this §4 coincide with §14.1 of the Terms and Conditions. Any discrepancy is resolved in favour of the rule most favourable to the consumer.

5. Complaint Categories and Escalation

5.1. Catalogue of categories

Every complaint will be classified in one of the following categories for internal assignment and public statistics:

| Code | Category | Default internal officer | | ---- | -------------------------------------------------------- | --------------------------------------- | | a | Service quality | Operations Director | | b | Misleading, erroneous or incomplete property information | Compliance + Commercial Director | | c | Privacy and personal data protection | DPO / Data Officer (privacidad@amaneceraustral.com) | | d | AML compliance (UAF / AMLR) | AML Officer (cumplimiento@amaneceraustral.com) | | e | Arbitrary discrimination | Compliance Officer (escalation §5.2) | | f | Improper charges or lack of price transparency | Financial Director | | g | Conduct of staff or collaborators | HR + Compliance | | h | Other | General Director |

5.2. Unified escalation table (harmonised with Anti-Discrimination Policy §9)

To avoid conflicts of interest in complaints relating to discrimination or improper conduct involving the responsible internal officer, the following escalation rule is adopted, also binding on Anti-Discrimination Policy §9:

| Scenario | Competent investigator | | --------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | General complaint (categories a, b, f, g, h) not involving the Compliance Officer | Default internal officer (§5.1) with Compliance Officer oversight | | Category c (privacy) | Internal DPO; if the complaint involves the DPO, independent external investigator appointed by the Board (or additional partner while no Board exists) | | Category d (AML) | AML Officer; if the complaint involves the AML Officer, independent external investigator | | Category e (discrimination) | Compliance Officer; if the complaint involves the Compliance Officer, General Director or a higher officer, investigation is referred to an independent external investigator appointed _ad hoc_ | | Complaint involving the CEO / legal representative | Independent external investigator; report to the additional partner, external auditor or the competent authority |

This rule unifies the procedure between this Policy and the Anti-Discrimination Policy.

6. Records, Traceability and Retention

6.1. Structured record. The Company maintains an internal complaints table with all complaints received, preserving:

Unique identifier (cmpl_xxx using prefixedId), date, channel, category.
Identification data of the complainant (with lawful basis Art. 6(1)(b) and Art. 6(1)(c) GDPR; in Chile, Law 19.628 and Law 21.719).
Full traceability of communications, periods, internal decisions and resolution.
_Hash_ or reference to attached files.

6.2. Restricted access. The record will be available to SERNAC upon reasoned request in accordance with Art. 58(h) LPDC, and to competent consumer protection authorities of EU Member States where applicable in the framework of Regulation (EU) 2017/2394 on CPC cooperation. Public presentation will be always aggregated and anonymised (see §14).

6.3. Retention period

Complaints are retained for five (5) years from final resolution of the case. This period is based cumulatively on:

(a) Legitimate interest in defence of claims — Arts. 6(1)(f) and 17(3)(e) GDPR, supported by documented _legitimate interest assessment_ (LIA); (b) LPDC infringement limitation periods — Art. 26 LPDC: 6 months for the contraventional infringement, 1 year where the civil action of Art. 11 applies; conservative 5-year criterion for evidentiary preservation and defence against reopening due to supervening facts; (c) AEPD limitation period — Art. 78 LOPDGDD (Spain): 4-year limitation for serious infringements + 1-year prudential _buffer_.

After 5 years, the record is erased save concurrence of a legal hold trigger (ongoing litigation, formal authority request), in which case the period is suspended until closure of the proceedings + 1 additional year.

6.4. Propagation of erasure

Erasure is propagated, within no more than 30 calendar days, to external systems where complaint information was stored (Cloudflare R2 for attachments, Resend for transactional history, internal CRM) under DPA contracts.

7. SERNAC Procedure and Judicial Routes (Chile)

The Chilean consumer has the following defence routes, cumulatively and non-exclusively:

7.1. Administrative complaint to SERNAC

Submission to SERNAC (Chilean Consumer Protection Service) (https://www.sernac.cl) by electronic, in-person or telephone channel. The Company undertakes to respond within the statutory period and to participate in good faith in the mediation.

7.2. Voluntary collective mediation SERNAC

In accordance with Art. 8 of Law 21.081, SERNAC may call for a voluntary collective procedure where there are repeated individual complaints or alleged collective harms. The Company undertakes to evaluate the call in good faith.

7.3. Sanctioning administrative procedure

Under Art. 58 bis et seq. LPDC introduced by Law 21.081, SERNAC may instruct sanctioning administrative procedures. The Company will comply with summonses within statutory periods.

7.4. Claim before the Local Police Court

Under Arts. 50 A to 50 G LPDC, the consumer may sue before the competent Local Police Court (that of the consumer's domicile or that of the place where the contract was concluded, at the consumer's option). For complaints with an amount less than 25 UTM, prior SERNAC mediation is required.

7.5. Collective or diffuse interest action (Art. 51 LPDC)

Available where the number of affected consumers is relevant (guiding criterion: > 50 consumers). Standing: SERNAC, legally constituted consumer associations, or a group of 50 affected consumers appointing a common procurator.

7.6. Ordinary civil court

Available by amount or nature of the claim (civil liability for damages).

8. ADR/ODR Procedure (European Union)

8.1. ODR platform

The Company will include an active link to the European Commission's Online Dispute Resolution (ODR) platform (https://ec.europa.eu/consumers/odr) in the footer of the Site and in electronic communications addressed to EU-resident consumers, in accordance with Art. 14(1) and 14(2) of Regulation (EU) 524/2013.

8.2. Competent ADR entities by consumer's country of residence

| State | Reference entity | | ------------------ | ---------------------------------------------------------------------------------------------------------------- | | Spain | Consumer Arbitration Boards (national and autonomous community); Agencia Catalana del Consum | | Germany | Allgemeine Verbraucherschlichtungsstelle (AVS) — Kehl — https://www.verbraucher-schlichter.de | | France | Médiateur de la consommation for the sector; FNAIM if affiliated (real estate mediation) | | Portugal | Consumer Conflict Arbitration Centres (CACC); CNIACC — https://www.cniacc.pt; CICDR for discrimination conflicts | | United Kingdom | The Property Ombudsman, Property Redress Scheme (where adherence applies) |

8.3. Non-adherence _disclosure_ (Art. 13 Directive 2013/11/EU)

In accordance with Art. 13 of Directive 2013/11/EU, the Company declares that it is not mandatorily adhered to a specific alternative dispute resolution entity, save for an express declaration published on this Site and in the service contract. In any event, it will evaluate on a case-by-case basis voluntary submission to a competent ADR entity at the EU consumer's request.

8.4. Mandatory information at litigation stage

When a dispute arises that cannot be resolved internally, the Company will inform the EU consumer:

Of the ADR entity or entities competent in their Member State.
Of whether it undertakes to or refuses to resort to such entities to resolve the dispute.

9. Unfair Terms — Commitment of Non-Inclusion

The Company undertakes not to include in its contracts, general conditions or annexes terms that have the character of unfair under:

9.1. Chilean LPDC black list — Art. 16

The following terms shall be deemed not written:

(a) Granting one party the power to terminate or modify the contract at its sole discretion (16(a)); (b) Establishing price increases for services, accessories, financing or surcharges not previously communicated (16(b)); (c) Placing on the consumer the effects of deficiencies, omissions or administrative errors not attributable to them (16(c)); (d) Reversing the burden of proof to the consumer's detriment (16(d)); (e) Containing absolute limitations of liability against the consumer (16(e)); (f) Including blank spaces not filled or invalidated before signature (16(f)); (g) Contrary to good faith, causing, to the consumer's detriment, a significant imbalance in rights and obligations (16(g) — general clause).

9.2. Indicative list Annex I Directive 93/13/EEC

The Company adopts as a minimum standard the indicative list of Annex I to Directive 93/13/EEC, declaring that it will not include terms producing the effects listed in that Annex (unilateral binding, unjustified exclusion of rights, submission to disproportionate jurisdiction, etc.).

9.3. Treatment of unfair terms

Any contractual term contrary to Arts. 16 and 16 A LPDC, or having the character of unfair under Directive 93/13/EEC, shall be deemed not written and shall produce no effect, with the remainder of the contract maintained valid where possible.

10. Advertising and Commercial Practices

10.1. Liability for advertising

Under Art. 28 LPDC, the Company is liable for the truthfulness and accuracy of advertising statements relating to:

Components of the service, its essential features and operation.
Suitability of the service for the advertised purposes.
Total price, payment and credit conditions.
Warranty terms.
Identity of the provider.

10.2. Prohibited unfair commercial practices

The Company undertakes not to engage in the practices listed in Annex I of Directive 2005/29/EC (black list of practices unfair in all circumstances): bait advertising, false statements of code adherence, misleading presentation as unique offers, aggressive practices, among others.

10.3. Essential property information

Each property listing published will contain at minimum:

Total price with indication of currency (USD/EUR/UF) and applicable commissions.
Built and land surface area, in metric system, with tolerance and _ad mensuram_ regime (see Real Estate Disclaimers Policy §3 and §12).
General location (exact addresses will not be required for reasons of owner privacy and will be provided upon confirmed visit).
Basic legal status of the property: type of registration, disclosed encumbrances, applicable restrictions (e.g. DL 1.939 Chile border zone).

10.4. Prohibition of misleading patterns (_dark patterns_)

Under the modification introduced by Directive (EU) 2019/2161 and Art. 28 LPDC, the Company will not employ in its web forms or UX flows patterns designed to distort consumer behaviour: pre-ticked subscription boxes, fictitious scarcity, false urgency, hiding of rejection options, confusing costs at the end of the flow.

11. Right of Withdrawal

11.1. Real estate sale and purchase transaction

The sale and purchase of an immovable transaction does not admit a right of withdrawal:

In Chile, Art. 3 bis LPDC recognises a right of withdrawal only in exhaustive distance-sale scenarios with exceptions; Art. 1801 of the Civil Code regulates the formation and perfection of the real estate sale by public deed. The promise or real estate sale falls outside the LPDC withdrawal scope.
In the European Union, Art. 3(3)(e) of Directive 2011/83/EU expressly excludes from the scope of the Directive contracts for the creation, acquisition or transfer of immovable property or rights therein.

11.2. Ancillary services contracted by an EU consumer

Ancillary services rendered by the Company to a consumer residing in the EU (valuation, legal advice, _concierge_, _interior design_) are subject to the 14 calendar day right of withdrawal of Art. 9 of Directive 2011/83/EU, save where:

(a) The service has been fully rendered and execution began with the prior and express consent of the consumer, together with their acknowledgement that they will lose the right of withdrawal once the contract has been fully executed by the Company (Art. 16(a) Directive 2011/83/EU); (b) Some other exception of Art. 16 of the Directive applies (personalised services, etc.).

The Company will deliver to the consumer the model withdrawal form of Annex I, Part B, of Directive 2011/83/EU in the pre-contractual phase.

11.3. Ancillary services contracted by a Chilean consumer

Art. 3 bis LPDC applies as relevant; where the service is contracted electronically without simultaneous physical presence, the consumer may unilaterally terminate the contract within ten (10) days from receipt of the product or from contracting of the service, save express waiver or prior full execution.

12. Mandatory Pre-Contractual Information

In accordance with Art. 6 of Directive 2011/83/EU (applicable to distance and off-premises contracts on ancillary services), and the general information duty of Arts. 1.3, 3(b) and 32 LPDC, the Company provides the consumer, before being bound, with:

(a) Main features of the service. (b) Identity of the Company (corporate name, RUT, physical address, telephone, email, identity of the agent where a representative intervenes). (c) Total price with taxes and all additional identified costs. (d) Payment, delivery and execution arrangements, performance period. (e) Existence or non-existence of the right of withdrawal, model form where applicable. (f) Legal and commercial warranties. (g) Existence of applicable codes of conduct and how to obtain them. (h) Contract duration and termination conditions. (i) Functionality of digital content and interoperability restrictions where applicable. (j) Existence of competent ADR entities (§8) and link to ODR platform.

13. Alternative Dispute Resolution

13.1. Prior SERNAC mediation (Chile)

For complaints below 25 UTM, SERNAC mediation operates as a prior filter under LPDC. The Company will participate actively and in good faith in the mediation.

13.2. Voluntary arbitration

The parties may submit their disputes arising from ancillary services to arbitration before CAM Santiago (Arbitration and Mediation Centre of the Santiago Chamber of Commerce) by express arbitration commitment, without waiver of mandatory LPDC actions, and requiring for validity against consumers that consent be given after the dispute has arisen under CJEU case law.

13.3. EU ODR / ADR

Route detailed in §8.

14. Annual Public Statistics

The Company will publish annually, within the first quarter of the following year, an aggregated and anonymised report including:

Total number of complaints received per channel.
Distribution by category (a–h).
Average time to acknowledgement and substantive response.
Rate of resolution favourable to the consumer (total, partial, dismissed).
Complaints escalated to SERNAC, ADR or judicial.
Corrective measures implemented at process level.

This report will be published at /legal/transparencia and complies with the principles of transparency and accountability inspired by the Chilean LPDC and Art. 5(2) GDPR (_accountability_).

15. Whistleblower Channel — Directive (EU) 2019/1937

15.1. Nature and scope

The Company implements an internal whistleblower channel in accordance with Directive (EU) 2019/1937 on the protection of persons reporting breaches of Union law, and Chilean Law 20.393 (criminal liability of legal persons) and Law 21.595 (economic offences), as well as their national transposition rules in the Member States (in Spain, Law 2/2023; in Germany, Hinweisgeberschutzgesetz; in France, Loi Sapin II as amended by the Loi du 21 mars 2022; in Portugal, Lei 93/2021).

15.2. Conduct subject to reporting

Any person, internal or external, may report confidentially and, if they wish, anonymously:

Active or passive bribery.
Money laundering.
Terrorism financing.
Receipt of stolen goods.
Undeclared conflicts of interest.
Breaches of the AML/CFT framework (cross-referenced with AML/KYC Policy §9 and Sanctions Policy §9).
Breaches of Union law listed in Art. 2(1) of Directive (EU) 2019/1937 (public procurement, financial services, prevention of laundering, product safety, transport safety, environmental protection, radiation protection, food safety, public health, consumer protection, privacy and data protection, security of networks and information systems).
Breaches of the Anti-Discrimination Policy, where the whistleblower channel is preferred over the Complaints Policy §3 channel.
Any other conduct contrary to the framework of Law 20.393, Law 21.595 or EU equivalents.

15.3. Technical channel

Dedicated email: denuncias@amaneceraustral.com
Sealed postal route addressed to "Whistleblower Channel — Confidential" at [POR CONFIRMAR — Urzula completa este dato en /admin/ajustes/legal/empresa].
Structured third-party platform (under implementation, see Technical Notes §16): EQS Integrity Line, SpeakUp or equivalent _self-hosted_ option, with _end-to-end_ encryption and possibility of anonymous follow-up through unique identifier.

15.4. Guarantees to the whistleblower

The Company guarantees:

(a) Reinforced confidentiality of the whistleblower's identity, the facts reported and any third party mentioned in the report. The identity will only be disclosed where it is a necessary and proportionate obligation imposed by Union or national law in the framework of investigations carried out by national authorities or judicial proceedings (Art. 16(2) Directive (EU) 2019/1937).

(b) Documented prohibition of retaliation. In accordance with Art. 19 of Directive (EU) 2019/1937, any form of retaliation against whistleblowers, facilitators, third parties linked to the whistleblower or associated legal entities is expressly prohibited, including: suspension, dismissal or equivalent measures; demotion or denial of promotion; change of duties, place of work, salary reduction or working hours changes; suspension of training; negative performance assessments; disciplinary measures or financial sanctions; coercion, intimidation, harassment or ostracism; damage, in particular to reputation; inclusion on sectoral blacklists; early termination or cancellation of contracts for goods or services; cancellation of licences or permits; psychiatric or medical referrals. Any retaliation will constitute internally sanctionable conduct without prejudice to the affected person's legal actions.

(c) Anonymous reporting with follow-up. The system supports fully anonymous reports; the whistleblower may receive updates through a unique identifier and a return channel (secure mailbox) without disclosing their identity. In accordance with Art. 6(2) of the Directive, anonymous reports are processed under identical conditions to identified ones.

(d) Confidentiality of information. Access to the report file is restricted to those with strict need to know. The records are kept separately from the general _audit log_, with encryption at rest, with no replication to analytics systems.

15.5. Handling deadlines (aligned with Art. 9 Directive (EU) 2019/1937)

Acknowledgement to the whistleblower: within seven (7) calendar days of receipt of the report.
Reasoned response to the whistleblower: within no more than three (3) months of acknowledgement, on the measures envisaged or taken as follow-up.
Additional communication: where the case requires extended investigations, the whistleblower will be informed of the extension and its basis, without prejudice to the duty of confidentiality.

15.6. Investigation procedure

Receipt and registration with unique identifier (format whb_xxx).
Initial triage by Compliance Officer or, where the report involves the Compliance Officer, by an independent external investigator (rule of §5.2 of this Policy).
Confidential investigation documented, with evidence preservation and prohibition of preventive or reactive retaliatory measures.
Reasoned resolution communicated to the whistleblower (where appropriate and feasible) and to the competent internal body.
Cooperation with authorities where the facts so require: UAF, SERNAC, Public Prosecutor's Office, national authority transposing Directive (EU) 2019/1937 in EU Member States.

15.7. Records retention

Whistleblower channel records are retained for the longer of: (i) 5 years from case closure (aligned with general audit log and §6.3 rule of this Policy), and (ii) limitation period of criminal or administrative actions relating to the facts reported. _Legal hold_ applies in case of litigation or authority investigation.

16. Technical Implementation Notes

For Beiker / technical team — not part of the public text.

Replace placeholders {{...}} before publication. Load from legal_entity_settings and site_settings to avoid redeploy on updates.
Public route: publish at /legal/reclamos with stable i18n _slug_.
complaints table:

Suggested fields: id (prefixedId "cmpl"), received_at, channel, category, claimant_*, property_id?, status, acknowledged_at, resolution_at, outcome, escalated_to, attachments_r2_keys, actor_user_id, audit_log_ref, legal_hold, legal_hold_ref, legal_hold_applied_at.
5-year retention; automatic purge _job_ post-period; suspension by _legal hold_.
Admin access with role owner|compliance|dpo|aml_officer per category; never public reading.

ODR platform — mandatory link: insert link https://ec.europa.eu/consumers/odr in <SiteFooter> whenever locale ∈ {es, en, pt, de} and/or cf-ipcountry is an EU Member State; in outgoing B2C transactional emails (Resend template footer).
EU locale detection for ODR: EU 27 country list + conservative criterion (also show to UK for EU residents there). Closed list in src/lib/constants/eu-countries.ts.
/legal/reclamos form: mandatory Turnstile, Zod schema with category enum, description field minimum 50 characters, optional attachments (PDF/JPG/PNG ≤ 10MB each, max 5), visible GDPR/Law 21.719 notice, unticked informational checkbox, mandatory age-of-majority checkbox.
Auto-response: Resend _trigger_ with tracking number + legal periods + escalation channel.
Audit: every complaint status change invokes recordAudit({ entityType: "complaint", ... }).
Metrics: /admin/compliance/reclamos admin _dashboard_ with times vs legal SLA (5/15/30 business days).
Response language: same language as complaint; if not ES/EN/PT/DE, respond in EN and notify internal management.
Annual statistics: automatic _job_ cron 0 0 1 1 * → publication of signed PDF at /legal/transparencia/{year}.
ADR §8.3 disclosure: include exact phrase in EU footer + checkout/onboarding for ancillary services.
whistleblower_reports table: segregated from complaints; encryption at rest distinct from the general; ultra-restricted access (compliance_officer + external auditor); support for anonymous reporting (no PII, identifier whb_xxx with tracking code for the whistleblower).
Structured whistleblower provider: integrate EQS Integrity Line / SpeakUp / _self-hosted_ with _end-to-end_ encryption and _zero-knowledge_ from the administrator. Target deadline Q4 2026 (Directive (EU) 2019/1937).

17. Cited Sources

Chile

Law 19.496 (LPDC) — https://www.bcn.cl/leychile/navegar?idNorma=61438
Law 21.081 — https://www.bcn.cl/leychile/navegar?idNorma=1121335
Law 21.398 (Pro-Consumer) — https://www.bcn.cl/leychile/navegar?idNorma=1170779
Law 20.393 (criminal liability of legal persons) — https://www.bcn.cl/leychile/navegar?idNorma=1008668
Law 21.595 (economic offences) — https://www.bcn.cl/leychile/
Law 20.609 (Zamudio) — https://www.bcn.cl/leychile/navegar?idNorma=1042092
Chilean Civil Code (Art. 1546) — https://www.bcn.cl/leychile/navegar?idNorma=172986
SERNAC — https://www.sernac.cl

European Union

Directive 2011/83/EU — https://eur-lex.europa.eu/eli/dir/2011/83/oj
Directive 2005/29/EC — https://eur-lex.europa.eu/eli/dir/2005/29/oj
Directive (EU) 2019/2161 (Omnibus) — https://eur-lex.europa.eu/eli/dir/2019/2161/oj
Directive 2013/11/EU (ADR) — https://eur-lex.europa.eu/eli/dir/2013/11/oj
Regulation (EU) 524/2013 (ODR) — https://eur-lex.europa.eu/eli/reg/2013/524/oj
Regulation (EU) 2018/302 (geo-blocking) — https://eur-lex.europa.eu/eli/reg/2018/302/oj
Regulation (EU) 2017/2394 (CPC cooperation) — https://eur-lex.europa.eu/eli/reg/2017/2394/oj
Directive 93/13/EEC — https://eur-lex.europa.eu/eli/dir/1993/13/oj
Directive (EU) 2019/1937 (Whistleblower) — https://eur-lex.europa.eu/eli/dir/2019/1937/oj
Regulation (EU) 2016/679 (GDPR) — https://eur-lex.europa.eu/eli/reg/2016/679/oj
ODR Platform — https://ec.europa.eu/consumers/odr

Whistleblower national transpositions

Spain — Law 2/2023 — https://www.boe.es/eli/es/l/2023/02/20/2
Germany — Hinweisgeberschutzgesetz (HinSchG) — https://www.gesetze-im-internet.de/hinschg/
France — Loi Sapin II (amended 2022) — https://www.legifrance.gouv.fr/
Portugal — Lei 93/2021 — https://dre.pt/dre/detalhe/lei/93-2021

Others

Fair Housing Act 1968 (USA) — https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview

Annex I — Complaint Template

This template may be completed and submitted through any of the channels of §3.

``` TO: Amanecer Austral SpA — Complaints Email: reclamos@amaneceraustral.com

Complainant identification

Full name:
Identity document (RUT / NIF / Passport):
Postal address:
Contact email:
Telephone:
Country of residence:
Preferred response language: [ ] ES [ ] EN [ ] PT [ ] DE

Identification of the service complained of

Property or service (ID or reference):
Date of event:
Agent who intervened (if recalled):

Category (tick one)

[ ] a) Service quality [ ] b) Misleading, erroneous or incomplete information [ ] c) Privacy / data protection [ ] d) AML / UAF compliance [ ] e) Arbitrary discrimination [ ] f) Improper charges or lack of transparency [ ] g) Staff conduct [ ] h) Other

Description of facts (minimum 50 characters)

Specific request (what is sought)

Documents attached (emails, contracts, screenshots)

GDPR / Law 21.719 consent

[ ] I have read and accept the Privacy Policy for the processing of my data with the sole purpose of handling the complaint. [ ] I confirm I am at least 18 years of age.

Signature / Date

```

Version History

| Version | Date | Nature | Main changes | | ------- | ----------------- | ------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | 1.0.0 | 28 May 2026 | Initial | 5/15/30 business day periods (aligned with Terms §14.1); unified escalation table §5.2; whistleblower §15 reinforced in line with Directive (EU) 2019/1937 (acknowledgement 7 days, reasoned response ≤ 3 months, anonymous reporting with follow-up, documented prohibition of retaliation); 5-year retention with LIA Art. 17(3)(e) GDPR + Art. 26 LPDC. |

Complaints Procedure

Presentar reclamo

Table of Contents