During this weekend thousands of people have been affected by cancellations or delays in their trips through the train derailment this Saturday in the high-speed tunnel that connects the Atocha and Chamartín stations in Madrid.
And, what rights do those affected have in this situation? Both the public operator Renfe and the private ones that circulate on the ADIF network, in this case Iryo and Ouigo, have the obligation to comply with the Railway Sector Regulation and Regulation (EU) 2021/782 of the European Parliament and of the Council, of April 29, 2021, on the rights and obligations of railway passengers, among other regulations.
Thus, if the train is delayed or canceledthe traveler has the right to information about the situation while the wait lasts. Additionally, if you choose to continue your trip as planned or accept alternative transportation to your destination, you may have right to compensationas indicated by the Aragon Consumers Union.
In accordance with the regulations of the railway sector, the three operators will have to face a refund of 50% of the ticket amount for delays of less than one hour in duration. 100% will be paid when delays exceed 90 minutes.
Furthermore, if it is reported that the train will arrive at its destination at least one hour late, You can cancel the trip and request an immediate refund of the ticket amount.. However, there will be cases in which you will be entitled to the full amount, although in others only to the unused part of the ticket.
You can also have right to return travel to the initial departure pointif the delay prevents you from fulfilling the purpose of your trip, as well as transportation to your final destination as soon as possible or at a later date, at your choice. It may even be a alternative transportation when the train is blocked and the service is suspended.
Other rights are free food and drinkdepending on the waiting time, if it can reasonably be provided, and accommodation if the wait extends until the next day. Added to this is transportation between the station and the place of accommodation.
The deadline to submit claims is three months following the events that gave rise to it. The response must be made within one month, and must be motivated. For exceptional reasons, and when the case justifies it, they will inform the user of the date by which a response can be expected, which may not exceed a period of three months.
In the event that the railway services operating company does not agree to what is requested in the claim, it is possible to file a claim before the Transport Arbitration Board. However, OUIGO in its complaint form warns the consumer that it is not a member of any arbitration system, including that of the Transport Arbitration Boards, and will not accept submission to arbitration.
In any case, the affected people who have suffered any additional damage and loss, which must be assessed in each case, as a result of the cancellation or delay of the train, must keep the proof of expenses incurred to make the claim.
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