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24-07-2025

Damage caused by the power outage: Who is responsible?

The power outage on 28 April means that those affected can be classified as vulnerable consumers with rights to compensation, refunds and assistance.

Flight cancellations

If, as a result of the power outage, people are affected by flight cancellations, they will be entitled to:

  • Right to information.
  • Right to assistance (sufficient food and drink, two phone calls, hotel accommodation if necessary, transport between the airport and the place of accommodation).
  • Right to reimbursement or alternative transport.
  • Right to compensation (between 250 € and 600 €, depending on the distance of the flight).

The ticket price must be refunded within 7 days.

However, the airline will not be obliged to pay compensation in cases where the cancellation was caused by extraordinary circumstances, but must demonstrate that it has made every effort to avoid such cancellation.

Train cancellations

In this case, railway companies are required to inform passengers of train delays and cancellations as soon as they have this information. If a delay of more than 60 minutes or cancellation of the journey is expected, the person affected has the right to choose between two options:

  • A full refund of the ticket, under the conditions in which it was paid, corresponding to the part or parts of the journey not made, within thirty days.
  • Transport by an alternative route to the final destination, under comparable transport conditions, at a later date convenient to the person affected.

If the journey has not been cancelled but the persons affected are unable to make the journey due to problems arising from the power cut, as has been the case in many instances due to the blackout, it is recommended that you check the terms and conditions of the contract to verify whether these circumstances are covered and what rights you may have.

In any case, cancellations of transport services resulting from the interruption of the electricity supply would be considered force majeure events, which would not give rise to any additional compensation rights other than the right to reimbursement described here or the costs arising from the duty to provide assistance.

Cancellation of events

Persons affected by the cancellation of a planned event that could not take place as a result of the power outage shall be entitled to a refund of all payments made, including any administrative fees.

Refund requests should be addressed to the service provider through whom the purchase was made. If the event has not been cancelled but attendees were unable to access it due to a power outage, it is recommended that you review the terms and conditions of the contract to verify whether these circumstances are covered and what rights you may have.

Lack of supply provision

In the event that a power outage prevents the provision of certain services on a permanent basis, this is considered a case of ‘force majeure’, which would exempt the parties from performance, although the supplier must refund the amounts paid for the supplies not delivered.

Please note: It is advisable to review the relevant contract to check whether it includes additional rights in these circumstances.

With regard to telecommunications services, the operator must automatically compensate the subscriber by refunding the amount of the fees not linked to traffic or data consumption, prorated for the duration of the service interruption.

Damage to electrical appliances

Many electrical appliances may have been damaged as a result of the power cut, although as homeowners, we usually have comprehensive insurance, more commonly known as home insurance.

Comprehensive home insurance covers a wide range of risks, including incidents related to a property and the goods inside it, i.e. both the building (the home) and its contents (what is inside the home).

When taking out comprehensive home insurance, what risks are covered?

Usually risks arising from damage caused by fire, explosions, flooding, leaks, weather events such as snow, hail, lightning, electrical damage, as well as lock changes, theft, etc. In addition, this type of insurance also usually covers civil liability and legal defence.

QUESTIONS

1. What is the deadline for reporting the claim to the insurance company?

Within a maximum period of 7 days from the date of becoming aware of the claim, unless a longer period has been specified in the policy.

2. What are the requirements for the payment of compensation under an insurance contract?

The insurance company is obliged, in the event of the occurrence of the event covered by the insurance, to pay compensation to the insured party. In this regard, the insurer’s obligation must be fulfilled at the end of the investigations and expert reports necessary to establish the existence of the claim and, where applicable, the amount of the damage resulting therefrom. However, when the insurance company receives the claim in accordance with the provisions of the contract, it will have a period of 40 days to pay the minimum amount that the insurer may owe, according to the circumstances known to the insurer. However, in a claim of the magnitude of the one that occurred in Valencia, the period may be longer, as numerous reports are required to prove all the damage.

The obligation is not immediate. The insurer will check the following points through the relevant expert:

  • The existence of the claim: that the event is covered by the insurance contract.
  • Verification of the validity of the contract, i.e.:
    • That it is not void due to the absence of any conditions.
    • That the contract is not suspended, for example due to non-payment of the relevant premium.
    • That there is no bad faith, fraud or gross negligence in the origin of the event or in the duty to report the claim.

It should be added that, although as a general rule compensation takes the form of financial compensation, there are other forms of compensation such as: repair of the damage or replacement of the damaged object, provided that the insured accepts these alternatives.

In the case of food waste, it is recommended that you check your specific insurance policies to see whether such damage is covered.

Insurance Compensation Consortium

In the event of damage to electrical appliances, food, etc. caused by a power cut, in principle you cannot claim compensation from the Insurance Compensation Consortium, except in the following cases:

  • The following natural phenomena: earthquakes and tsunamis, extraordinary floods, volcanic eruptions, atypical cyclonic storms and falls of celestial bodies and aerolites.
    • Those caused violently as a result of terrorism, rebellion, sedition, riot and civil commotion.
    • Acts or actions of the Armed Forces or the Security Forces in peacetime.

However, the Insurance Compensation Consortium will not compensate for:

  • Those caused to persons or property insured by an insurance contract other than those for which the surcharge in favour of the Consortium is compulsory.
  • Those due to a fault or defect inherent in the insured item.
  • Those caused by armed conflicts, even if not preceded by an official declaration of war.
  • Those which, due to their magnitude and severity, are classified by the Government as a ‘national disaster or calamity’.
  • Those arising from nuclear energy.
  • Those due to the mere action of time or atmospheric agents other than the natural phenomena mentioned above.
  • Those caused by actions taken in the course of meetings and demonstrations.
  • Indirect losses of any kind arising from direct or indirect damage, other than loss of profits as defined by regulation.

Therefore, in view of the above, it will be difficult to claim compensation from the Insurance Compensation Consortium in the event of damage caused as a result of a power cut.

Compensation

In this case, until the causes of the widespread power cut have been clarified, it will not be possible to determine whether there are any rights additional to those indicated in the previous points.

In order to make the aforementioned claims, it is recommended that you keep all purchase receipts, plane and train tickets, etc., in order to prove the damage.

If you have any questions regarding this matter, please do not hesitate to contact us by telephone on 93 201 15 76. We will be happy to assist you.