Those who suffered in the bad weather have the right to claim compensation from both Attiki Odos and TRAINOSE.
As the Union of Employees of Consumers of Greece, consumers and specifically each individual passenger (and not only the owner of the stranded vehicle) have the possibility to claim compensation for material and moral damages from Attiki Odos.
Attiki Odos
- For the damage suffered by the long-hour entrapment on Attiki Odos by the contractor-concessionaire company "Attiki Odos S.A." and the operating company of the street "Attikis Diadromes SA".
The concession contract stipulates that the contractor is obliged to take all appropriate measures to ensure:
- the safe, orderly and high level of service operation of the road
- the smooth and unhindered conduct of public traffic
- its immediate and effective response to emergency and/or emergency situations
He is also obliged to:
- to fully ensure the safety of users (people and vehicles),
- while at the same time he is responsible for damage to property or death or injury to users and third parties in relation to the use/operation of the road, due to his error or negligence
In addition, based on the current legislative framework and the instructions of the Civil Protection, the contractor is responsible for the maintenance and operation of the road. Responsibilities that include snow removal.
Furthermore, as citizens they have the possibility to claim financial aid for mitigation of the consequences of moral and material suffering suffered by the State (as already foreseen in the past based on the General Plan for Confronting Emergencies and Immediate/Short-Term Management of the Consequences of the Snowfall and Frost Event, codenamed "Boreas").
It is noted that:
- the condition of the road network
- traffic control, the imposition of traffic restrictions or prohibitions throughout the country's road network,
are the responsibility of the local services of the Hellenic Police, in accordance with the current legislation.
Accordingly, the Fire Service is responsible for extricating road users who are in danger.
The Ministry of Infrastructure and Transport supervises the concession contracts during the operational period. Compensation can be claimed by each passenger separately and not only by the owner of the trapped vehicle.
TRAINOSE
From TRAINOSE: The legal framework that applies to the possibility of claiming compensation or reparation of damages from the cancellation of a route is the regulation of the European Parliament no. 1371/2007 and of the European Council of 23 October 2007 regarding the rights and obligations of railway passengers. Based on this, it is foreseen that:
• In the event of a delay in arrival or departure, passengers are kept informed of the situation and estimated time of departure and estimated time of arrival by the railway undertaking or station manager as soon as relevant information is available.
• In the event of any delay exceeding 60 minutes, passengers are offered free of charge:
- meals and refreshments depending on the waiting time, if available on the train or at the station or can be reasonably secured
- hotel or other accommodation and transport between the railway station and the place of accommodation, in case a stay of one or more nights or an additional stay is necessary, when and where this is materially possible
- if the train is stopped outside the station, transfer from the train to the railway station, alternative place of departure or final destination, when and where this is physically possible
• If the railway service can no longer be continued, the railway undertaking organizes alternative transport services for passengers as soon as possible.
Further responsibilities for the suffering of passengers on Attiki Odos
The carrier is also responsible for:
- for the damage resulting from the death
- of injuries
- or any other attack on the passenger's physical or mental integrity
which was caused by an accident related to railway operation which occurred while the passenger:
- remains inside the rail vehicles
- enters or exits them, whatever the railway infrastructure used
Finally, the carrier is liable to the passenger for the damage resulting from the fact that, due to the cancellation, delay or loss of connection, the journey cannot be continued on the same day or its continuation is not reasonably required on the same day due to given circumstances. The compensation includes the reasonable costs of accommodation, as well as the reasonable costs arising from the notification of persons expecting the passenger.