The Ministry of Social Rights, Consumer Affairs and Agenda 2030 has already prohibited – through the Royal Decree-Law on the Dana – abusive price increases in customised prices in the event of emergencies declared by civil protection authorities. Now, the Ministry is moving forward with new regulations to extend this protection to other situations. In this way, it also seeks to limit dynamic pricing with the aim of preventing abusive increases in emergency or disaster situations.
The future regulation will require companies to provide advance and transparent information on dynamic price changes. This means that companies will have to communicate in advance the price of a product or service during the period in which it is on sale, without the possibility of exceeding the advertised rates. This measure is intended to prevent unforeseen or emergency situations from resulting in abusive price increases for consumers.
The new regulation has been included in the Draft Law on Sustainable Consumption with the aim of preventing unjustified price increases such as those recently reported by consumers following the train accident in Adamuz (Córdoba) and is expected to be approved in the second round by the Council of Ministers.
Rail passenger rights
ECC-Spain reminds rail passengers rights in the event of cancellation:
• Right to reimbursement or alternative transport to reach the final destination as soon as possible or at a later date convenient to the passenger. Passengers may choose to have the company refund the total amount of the ticket or travel on the alternative transport provided. If the company does not provide alternative transport within a maximum of 100 minutes from the scheduled departure time, passengers may arrange it themselves and, in this case, will be entitled to a refund of the cost of the coach journey. Refunds must be made within a maximum of 30 days.
• Vouchers to be redeemed. If the company offers vouchers to be redeemed at a later date, these cannot be imposed as mandatory. This type of voucher must be accepted voluntarily by passengers and must be sufficiently flexible in terms of both validity period and destination.
• Right to accommodation. When travellers experience cancellations on their return journey home, they are entitled to accommodation, provided that this is physically possible. If the railway company does not provide this accommodation, users may claim the cost of the accommodation they have had to arrange. The company must also provide the necessary transport between the railway station and the accommodation, and may limit the duration of the accommodation to a maximum of three nights.
• Right to receive assistance. In the event of departure or arrival delays of at least 60 minutes or cancellation of a service, passengers will be offered free assistance:
o Real-time delay information. Railway companies will provide information on how to request proof that the service has been delayed or that a connection has been missed due to a delay or cancellation.
o Meals and refreshments. In a manner appropriate to the waiting time, if available on the train or at the station or if they can reasonably be supplied.
o Accessibility. Wherever possible, the access requirements of people with disabilities or with reduced mobility, as well as the needs of assistance dogs, shall be taken into account.
• Rights of victims and their families to assistance.
- Right to general information about the accident and financial assistance.
- Right of access to the station or its immediate surroundings.
- Right to participate in identification tasks.
- Right to transport, accommodation and meals.
- Right to psychological assistance.
- Right to protection of privacy and dignity.
- Right to custody, cleaning and return of personal effects.
- Right to obtain compensation from compulsory passenger insurance.
• Right to compensation in the event of death or personal injury.
Source of information: Ministry of Social Rights, Consumer Affairs and Agenda 2030