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Are you entitled to compensation if you were affected by the blackout?
The Murcia regional government has published a guide to consumer rights and is providing an advice service for making complaints
Means and methods for people affected by the April 28 blackout in Spain to register complaints have been publicised by the Murcia regional government.
The department for consumers emphasised that while the causes of the electricity supply being cut off are still being investigated, it is important to keep receipts and records of any related expenses and damage.
Since the cause of the incident has not yet been established, possible compensation cannot be determined at this stage, a spokesperson noted.
The Ministry for the Interior declared the blackout to be a national emergency in several regions, including Murcia, Valencia and Andalucía, therefore residents of these regions and indeed anyone else affected are classified as vulnerable consumers, so their rights are subject to special protection.
In the meantime, people in Murcia who require advice or wish to submit questions or complaints can contact the regional consumer service via the following channels: email consumomurcia@carm.es; or telephone the consumer hotline on 868 29 01 55, the consumer defence service on 968 35 75 34 or 968 35 71 90, or the consumer arbitration committee on 968 35 71 80.
Face-to-face attention is available at the office of the Dirección General de Consumo at Calle Actor Francisco Rabal, 8, in Murcia city, and all the Oficinas de Información al Consumidor around Murcia region.
Cancellation of transport services, events or other services due to the blackout is covered in the existing consumer protection legislation.
Examples of paperwork that should be kept include invoices (facturas) for accommodation or food expenses incurred as a result of transport delays, in case these have not been taken care of by the business responsible.
These expenses can be reclaimed in accordance with the current legislation regulating the transport sector.
Regarding damage to electrical appliances, electronic devices or spoiled food, people are advised to check whether their home insurance policies cover this sort of incident, until the specific causes of the blackout have been determined.
Other evidence of damage or losses that should be gathered includes invoices for repairs, photos or any other receipts.
The regional consumer department has also published a brief guide to people’s rights regarding the blackout.
Cancellation of transport services
People whose flights were cancelled are entitled to information, assistance and a refund or alternative transport. Ticket costs must be refunded within seven days and although airlines can offer a voucher for this amount, consumers are not obliged to accept this and can demand a refund. Any alternative transport should be provided as quickly as possible and in comparable conditions.
If anyone believes these rights have not been respected, they can complain to the company responsible, and if they do not receive a satisfactory response, can present a complaint to the AESA at no cost.
For affected rail passengers, train companies must inform them of any delays and cancellations as soon as they are aware of this information so it is recommended to consult their websites.
Passengers whose train arrives over an hour late or is cancelled can claim a full refund or the amount for any part or parts of the journey that has not been provided. They have 30 days to claim and the refund will be paid in the same manner as the original ticket purchase was made.
Alternatively, they can choose to make their journey to the same destination, in comparable transport conditions and if necessary by an alternative route, at a later date which suits the affected person.
If a train has stopped between stations, the rail company has to organise transport for those affected to the station they departed from, or to an alternative point of departure or to the service’s final destination, if this is possible.
If it is not possible to continue the service, the company must organise alternative transport as soon as possible.
For bus services which have been cancelled, companies must offer the choice between a full refund of the ticket price within 14 days or a similar alternative journey.
Transport services by sea or other routes on water are also required to offer a refund, which must be paid within seven days, or a similar voyage.
If the transport service was not cancelled but the people affected were not able to make the journey due to problems caused by the blackout, they are advised to check the terms and conditions of their contract to verify whether these circumstances are covered and their potential rights in such cases.
Regardless, cancellations of transport services due to an electricity blackout are classified as force majeure, so do not entail rights to additional compensation other than said refund or expenses accrued from the right to assistance.
Cancellation of events
People affected by an event that was cancelled are entitled to a full refund, which must be applied for via the same provider from which the ticket was purchased.
If the event was not cancelled but people affected were not able to attend due to problems caused by the blackout, they are also advised to check the terms and conditions of their contract to verify whether these circumstances are covered and their potential rights in such cases.
Service providers
Other services which could not be provided due to the blackout are also classified as force majeure, so both parties are exempt from having to comply with the terms of the contract.
This implies that any amounts paid for services that were not provided should be refunded, and customers are advised to check their contract to see if it includes any additional rights in these circumstances.
Telecom services
Operators must automatically compensate subscribers with the amount of their instalment that is not related to data usage corresponding to the time that the service was interrupted.
Online retail
For contracts entered into remotely or outside of shops, in which prices are personalised (as if often the case for accommodation services) in regions where the blackout was declared a national emergency, this personalised price cannot be increased due to an increase in demand resulting from said emergency until it has been officially declared to be over.
Delivery of products
The deadline for delivery of products purchased online is a maximum of 30 days from the date of purchase, unless other terms have been agreed.
If this deadline was not met due to the blackout, the consumer can grant the business an extended period to deliver the goods, and if this new deadline is not met either, regardless of the cause, they are entitled to cancel the contract and receive a refund without any undue delay.
Compensation for damage resulting from electricity supplies being interrupted
Until the cause of the blackout has been determined, no additional rights can be assured but for other situations not described in the above information, it is recommended to check insurance policies for rights in cases of force majeure or electricity being cut off.
These may include possible compensation for spoiled food or damage to electrical goods.
The ministry for consumer affairs has called on businesses to eliminate any procedures which could make it difficult for customers affected by the blackout to exercise their rights, and to offer them flexibility, the possibility of cancelling or alternatives, not just in the situations outlined above but also in any others which may have arisen.
Image: Ayuntamiento de Mazarrón
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