Thu. Apr 25th, 2019

the cases in which they have to compensate you with money

the cases in which they have to compensate you with money


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MADRIDUpdated:

The displacements in airplanes and trains will be marked by the stoppages during this week. To the indefinite strike of security guards of the Ilunion company at the Adolfo Suárez Madrid-Barajas airport, the 24-hour work stoppages called by the Air Nostrum pilots are joined on days 15, 16, 17, 22, 23 and April 24 They are also called to second strike the staff that provides ground services at airports (handling) from 21 to 24 April.

Labor disputes will also extend to the train stations of Madrid for the ten-day strike call -from April 18 to 28- by the Renfe security guards. In addition, Comisiones Obreras calls to end a day of strike of 24 hours in Adif, Adif Alta Velocidad or Ports of the State for the blockade of collective agreements.

If you are going to move during this Holy Week and you are affected by any of these protests, we remember the rights that protect the traveler and all the pertinent compensations:

-Yes a flight is delayed due to a strike by its own staff of the airline, as are the pilots, the passenger has the right to receive attention. This means, according to the experts at reclamador.es, that they can request food, drink, accommodation and use the telephone or email. The airline will be obliged to assist the traveler in these cases as long as the delay is greater than two hours.

-The traveler will be entitled to receive compensation according to the type of strike suffered. If the strike is for pilots, you have the right to receive compensation if the flight is delayed for more than three hours or canceled. The compensation that can be requested is 250, 400 or 600 euros, depending on the distance of the flight, as they point out from the claimant. is.

-The amount of the compensations mentioned in the previous point are calculated according to the hours of delay and distance. as developed from Air Help. Specific, from three hours and up to 1500 km away the compensation will be 250 euros. With a distance of more than 1500 kilometers away, the compensation is increased up to 400 euros and finally, if the distance is more than 3,000 kilometers 600 euros per passenger will have to be reimbursed. For orn delay of more than five hours, the airline is obliged to reimburse the total price of the ticket corresponding to the part of the trip not made before seven days; as well as the part of the trip made if the flight no longer has reason to be related to an initial travel plan of the passenger. In the latter case, the passenger is entitled to a return flight to the first point of departure as soon as possible, in addition to the aforementioned financial compensation.

- If, on the other hand, the strike is of airport security personnel, it is considered force majeure and no compensation can be claimed. If the strike is of handling workers, there are two cases: if the handling is from the company itself it is reclaimable, and if the service is provided by a third party (such as the airport staff), it is not susceptible to compensation, remember in the claimant .is.

-Yes the flight is canceled as a result of a strike -for example, that of Air Nostrum pilots- passengers have the right to have the airline reimburse the price of the ticket or offer an alternative trip. That is, in addition to the compensation, the airline is required to return the air ticket or to offer alternative transport to reach the destination.

-On the other hand, the traveler can also claim the material and moral damages that may have been caused by the strike of personnel owned by the airline, clarify from the claimant.So, may be requested maintenance costs, hotel nights paid non-refundable, loss of vacation or work days, as well as any additional outlay that the incident on the flight has caused. The passenger should not forget to keep the tickets and all the documentation that can prove these circumstances.

-But, from the portal Air Help remember that in April 2018, the European Court of Justice ruled that strikes by airline staff can not be considered an extraordinary circumstance, which could free the airlines from paying the corresponding compensations, according to the rules of Law EC261.

-In the case of delays that may suffer for the stops called in Renfe and Adif, it is worth remembering that the railway company is obliged to return 50% of the ticket amount from the time of delay. If the train arrives at its destination with more than 90 minutes of delay, Renfe will have to reimburse the client for all of what he has paid for his trip. In the case of AVE, the times are shortened and the traveler can request the return of 50% of the ticket after 15 minutes of delay ( all the information here).

These compensations can be requested online on the Renfe page when 24 hours pass from the arrival of the train to its destination and within a period of three months.

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