Centro Europeo del Consumidor en España

Clear accessible information shall be provided to the users:

• Before the journey, especially with regard to the relevant conditions applicable to the contract, schedules and tariffs applied, information about accessibility for disabled persons and persons with reduced mobility.
• During the journey, especially with respect to delays or disruptions to services.
• On the procedures for submitting claims.

If your train is delayed or cancelled, you have the right to relevant information regarding the situation during the wait.

If you are advised that the train will reach its destination with at least one hour of delay, you are entitled to:

• Cancel the journey and request immediate reimbursement of the ticket price (in some cases of the full amount and in others only part of the unused ticket).
• You may also be entitled to the return journey to your first point of departure, if the delay prevents the completion of your original travel plans.
• Re-routing to your final destination at the earliest opportunity (or at a later date of your choice). Re-routing may also take place when the train has been blocked and the service is cancelled.
• Food and refreshments, depending on the waiting time.
• Accommodation, if the wait is extended to the following day.

If you decide to continue your journey as scheduled or accept re-routing to your destination, you may be entitled to compensation equivalent to:

• 25% of the ticket price, if your train is delayed by between one and two hours.
• 50% of the ticket price, if your train is delayed by more than two hours.

You will not receive any compensation if:

• You were informed of the delay before purchasing your ticket.

In the case of a delay in arrival or departure, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking or by the station manager as soon as such information is available. In these cases, passengers shall also be offered free of charge:

• Meals and refreshments in reasonable relation to the waiting time.
• Hotel or other accommodation, and transport between the railway station and place of accommodation, in cases where a stay of one or more nights becomes necessary or an additional stay becomes necessary, where and when physically possible.
• If the train is blocked on the track, transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.
• If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative transport services for passengers.

How to claim?

• The railway company will offer travelers extensive information on how to get in touch with the claims processing system.
• If the contracted trip is part of a package travel the claim must be addressed to the organizer or retailer.
• If the trip is not part of a package travel, travelers can - in the first place - direct their claim to the relevant railway companies. Within a period of one month, the railway company will give a reasoned response or, when the case warrants, inform the traveler of the date for which an answer can be expected. This reply date may not exceed three months since the traveler submitted his claim.
• In the case of claims related to alleged violations of the EU Regulation, they may be submitted to the competent national enforcement agency, or to any other relevant body designated by the corresponding Member State.
• In Spain, the implementing agencies of the Regulation are the Ministerio de Fomento and the Departamentos de Transporte de las Comunidades Autónomas , each in its field of competence.
• In addition, claims may be addressed to the Juntas Arbitrales del Transporte in the Autonomous Communities and in the cities of Ceuta and Melilla.

Users are entitled to compensation if their registered luggage has been lost or damaged.

• Up to 1300 euros per item of registered luggage, if the value of the contents can be proved.
• 330 euros per item, if the value of the contents cannot be demonstrated.

Unless it was not correctly packaged, not suitable for transport or, given its nature, is considered special.

In the event of injury or loss of life due to a rail accident, passengers (or their dependants) are entitled to compensation for the loss or damage to hand luggage (registered or not) of up to 1500 euros.

The Regulation extends the rights of users to receive compensation in the event of loss of life or injury. Advance payments should:

• Be made a maximum of fifteen days after the identification of the natural person entitled to compensation. In the event of death, the advance payment shall not be less than 21,000 euros.
• Meet immediate economic needs.
• Be proportional to the damage suffered.

• Regulation (EC) 1371/2007 of the European Parliament and the Council, of 23 October 2007, on the rights and obligations of rail passengers.