Walter Finch
PASSENGERS whose trains or planes were cancelled due to the recent DANA storms in Malaga might be able to claim compensation, according to a consumer rights group.
Heavy rainfall forced Renfe, Spain’s national rail operator, to suspend all train services in and out of Malaga.
Meanwhile, 15 flights were cancelled and a further five diverted to Sevilla, according to airport operator Aena.
Under EU regulations, both rail and airline companies have obligations when it comes to compensating and assisting passengers affected by such service disruptions, according to rights group FACUA.
For train travellers, Renfe and the private operator Iryo must offer refunds in line with European Regulation (EU) 2021/782, which governs the rights and obligations of rail travellers.
According to this, train operators are legally obliged to provide compensation or alternative travel options for journeys affected by cancellations or delays of over 60 minutes.
If your train is cancelled or delayed by more than 60 minutes, the operator must offer you one of the following options: A full refund for your ticket, continuation of the journey as soon as possible, or via an alternative transport route, in comparable conditions, or rescheduling the journey for a later date that suits you, with comparable transport conditions.
In cases where an alternative route is not offered within 100 minutes of the original departure time, passengers are entitled to book a replacement service with another rail operator or bus company.
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In such cases, the railway company must reimburse any reasonable costs incurred.
If the delay is over 60 minutes, the train operator must provide free meals and refreshments while the customer is forced to wait.
If it means staying overnight, the company must arrange accommodation, including transport between the station and the hotel.
However, this may be limited to three nights in cases of ‘extraordinary circumstances beyond the control of the railway operator,’ such as extreme weather events like DANA.
FACUA has also recommended that passengers check the terms and conditions of their specific train operator, as some may offer additional compensation or compensation schemes.
A similar set of passenger rights exist for air travellers under EU Regulation 261/2004.
Airlines are legally obliged to inform passengers of their rights when faced with cancellations or significant delays.
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Article 14 says airlines must provide affected passengers with a printed notice detailing their compensation rights and assistance entitlements.
This information must also be made available at the airline’s check-in counter.
If a flight is cancelled, passengers are entitled to a full refund of their ticket within seven days, or to be re-routed to their final destination as quickly as possible or on a later date, as per their preference.
If the cancellation occurs at the last minute, or the delay is a long one, airlines are also required to offer passengers sufficient food and drink, hotel accommodation if necessary, and transportation between the airport and the hotel.
Additionally, passengers must be allowed to make two phone calls or send two emails, and the airline must ensure that passengers are kept informed about the status of their flight.
