justify

Madrid-Extremadura without air conditioning. Not, at least, working at full capacity. That is what is being experienced on some Renfe trains. As confirmed by Renfe itself, the heat is being so intense these days that, in some cases and to protect the train itself, the air conditioning is turned off. And for this you can ask for your money back. Yes, grab a chair. an oven. This is what some of the train cars are becoming. Renfe Madrid-Extremadura trains that these days travel through the plains of Toledo and Extremadura before reaching Badajoz. And just as CCOO unions have denouncedin some of these trains the air conditioning is being turned off. According to Renfe, this is because the trains are being exposed to such high temperatures that the train itself has to protect itself because the cooling system is not enough to keep it running. Saving resources, trains turn off the air conditioning in some cars and continue to their destination. Controlled? At Renfe they assure that yes. The company accepts the union’s criticism but assures that the train crew is ordered to move passengers from cars without air conditioning and relocate them to where it does. In addition, they assure that when these extreme weather conditions occur, they stop selling tickets to ensure that there are enough free seats to relocate passengers. And your rights? Your right as a consumer allows you to file a complaint and even request a refund of the ticket money. This is what they point out from the OCU, an organization from which they tell us the following: “The relationship between the traveler and the railway company is articulated by a transport contract whose content is not exhausted by the obligation to transfer, but rather includes the conditions under which this must be provided. And although there is no legal rule that recognizes an express right to a full refund of the ticket for traveling on a train without air conditioning, there are legal bases that can justify said refund when the breakdown constitutes a serious breach of the transport contract” And it is also confirmed by Renfe itself who confirms that the traveler has the opportunity to file a claim if they consider that the conditions of the service do not meet expectations. And the European Union defends that if the consumer does not receive a service of a quality as expected, he will have the right to request a refund of the ticket when the company does not ensure the “cleanliness of the rolling stock and the station facilities (control of air quality and temperature in the carriages, hygiene of the sanitary facilities, etc.)”, as reflected in the Regulation on the rights and obligations of railway passengers. Some minimums. As stated in this document, all companies that offer public transport services must adhere to minimum quality standards to offer their journeys. The company states in the general contracting conditions that the client has the right “to receive the contracted service in adequate conditions of quality and safety.” If these minimums are not met, customers have the right to claim the money for the ticket and the company will be obliged to provide a response in less than three months. “The fundamental question of whether or not to obtain a refund will depend on whether the absence of this service is considered an essential breach of the contract or not, depending on the specific conditions of the case,” they specify in the OCU. And they emphasize: “It must be sufficiently argued, not in general, but in this case, that the lack of air conditioning cannot be equated to a simple annoyance or a minor incident on a high-speed train during the summer, but rather a direct breach of the essential conditions of the service. For example, if the train runs for several hours with very high temperatures and without cooling, it can be argued that there is defective performance of the contract, it is not an accessory service (like the Wi-Fi connection for example)” The cases already known. As Renfe and the Facua experts recognize, complaints about not offering air conditioning on the train are not entirely unrelated to the company. In 2018a user claimed from Renfe (and won) the return of his ticket because the air conditioning had broken down. But the most striking case is the one that Facua itself reported a few weeks ago. The consumer defense organization pointed out that one of its members had gotten the money back for a Zaragoza-Barcelona match for this same reason… but The claims spanned three years. in which they had to communicate with Renfe on various occasions. Is it a precedent? The most important thing here is that the facts known and defended by Facua do not generate any type of legal precedent because there is no judicial ruling involved. It is “a solution reached extrajudicially between a consumer and Renfe, with the collaboration of a consumer association (Facua), and therefore does not consolidate any rights. Traveling by train without air conditioning does not automatically generate the right to a full refund of the ticket,” they explain from the OCU. They emphasize, on the contrary, that “the relevance of the case lies in the fact that the railway company itself recognizes that a breakdown of this nature can justify, in itself, the full refund of the amount paid” and that if we find ourselves in this situation “it is advisable to complain to the company. If no response is obtained or it is not favorable, legal advice can be sought, such as that provided by consumer associations, as well as appeal to the Transport Arbitration Boards or the Courts.” Photo | Pablo Nieto Abad In Xataka | If the question is who is going to pay your compensation for taking five hours to Madrid-Barcelona, ​​the answer is clear: nobody