After days of ravaging most of Spain, Storm Filomena has now burnt herself out. However, the torrential rain, high winds and massive snowstorms caused considerable disruption to travel across the country. In this blog post, we examine consumer rights after Storm Filomena and how to claim compensation and refunds.
Adverse weather conditions caused by Storm Filomena meant that thousands of travellers in Spain saw their trips cancelled. If this was your case, these are rights depend on your means of transport.
Your airline may offer a voucher for the amount of the cancelled ticket. You may accept this if you wish but it is entirely voluntary. You don’t have to accept a voucher and you are entitled to full reimbursement of the amount you paid for the ticket.
If your trip was cancelled at short notice, you have the right to the following:
- Necessary information and assistance from the airline.
- Sufficient food and beverages, 2 telephone calls or access to email.
- If necessary, 1 or more night’s accommodation and transportation between the airport and your allocated accommodation.
Find out more about your rights when flights are cancelled (information in Spanish only).
Non-cancellation of flight
If the airline didn’t cancel your flight but you were unable to travel because of Storm Filomena, check the terms and conditions of your ticket. Look specifically for conditions for a weather emergency – there is the possibility of cancellation or the airline may postpone the trip.
Non-compliance by airline
If your airline did not comply with these obligations, you have the right to complain to the company. If you don’t receive a reply to your complaint or consider the response to be unsatisfactory, you may file a claim with the Spanish Airport Authority, AENA.
If Storm Filomena disrupted your train trip, contact the Spanish railway company RENFE. Enquire about specific conditions on tickets changes and cancellations. You can make these at no cost and in accordance with RENFE’s general terms and conditions.
See the website for more information.
If you planned to travel by bus or coach but your trip was cancelled due to Storm Filomena, you are entitled to a full refund or an exchange of your ticket for another date. The bus or coach company must refund or change your ticket within 14 days.
Ferry travellers are entitled to a full refund or alternative date of travel if the company cancelled the trip. The same applies if the trip was cancelled because of measures brought in by the port authorities. The company has 7 days to give you a refund or new ticket.
Storm Filomena also affected events throughout Spain and most were cancelled as a result. In this case, you are entitled to full reimbursement of all payments made. You should request this from the provider of the ticket.
If the event went ahead but you were unable to attend because of adverse weather conditions, you need to check the terms and conditions of your ticket. If these include your right to a refund because of such circumstances, you should claim from the ticket provider.
Travel disruption also affected delivery of online shopping orders with many experiencing delays on the original delivery date. Under Spanish law, the company must deliver the goods “without undue delay” and within a maximum of 30 days from the time of purchase. Unless other delivery times have been specified.
Should the delivery period expire because of Storm Filomena, you may grant additional time to the company to deliver your order. If the company fails to deliver in this additional period, you have the right to withdraw from the contract. In this case, you are entitled to full reimbursement from the company and without delay.
Help With Refunds and Your Rights
At Costaluz Lawyers, we are pioneers in the defence of consumer rights in Spain. If you have suffered a cancellation because of Storm Filomena or other reasons, get in touch with us now. Our expert team will be only too happy to help you claim what is rightfully yours.