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getting compensation for this mess which occurred in monserrat

Greetings

I m writing this message to ask for your guidance

I want to file a complain regarding an incident that occurred at (cremallera de moserrat) station on 24 June . based on below description , I m looking forward for a proper resolution from the train company
For what happened to me
So on 24 june , (me , my wife , and my 10 year daughter were travelling from Barcelona to Monserrat on your train.
At (1436hrs )We arrived at (cremallera de moserrat) station and we left the train to proceed to the rail way train, so we went down in the stairs then we proceeded to use the lift to go up. The three of us boarded the lift and pressed the button to go up and the lift went up a bit and stopped suddenly with the door firmly closed with no air at the soaring heat. The lift is located in the outdoor area of the station and the temperature was 39C. we panicked and tried to press the buttons again to rectify the issue without any luck. Then we pressed the alarm/help button and an employee answered in Spanish . (After 5 minutes of waiting) in this horror situation with no air and extreme heat with my distraught wife and little daughter who was crying from heat and fear, one staff member came to help us. He was unsure how to rectify this situation . at the beginning he started troubleshooting by trying to take us up and put a key in the door then he instructed us to open the door manually. This was not effective as the doors were still shut. Then he made a phone call and left us. Then he came back again and tried to open the door with the same technique without any success. Later on, he managed to direct the lift downwards and put the key again and asked us to help opening the door. This time , we were able to open the lift and exit . so this incident caused the following :
- forcing the family to become stuck for 10 minutes in the extreme heat of 39 C and in a tiny space with no air
-forcing the family to deal with extreme fear and horror with my distraught wife who is overweight and could have collapsed due to this extreme conditions, and my little daughter who cannot deal with dehydration .
- the family was in total trauma and extreme fear and we considered going back home to recover after this horrible incident
-our next rail train has left and our time is wasted and no one offered to bring us water or food!!!
Furthermore , the staff were not trained well on how to tackle such scenarios
After we were out of the lift , the next rail train has left already and The staff managed to bring another rail train after 12 minutes which took us to Monserrat.

Therefore , as a professional entity operating this station who is in charge of passengers’ safety while using the facility ,they should compensate me.. am I wrong?!

Lades and gents please advise me on how to pave the path forward to get compensation for this mess.

Posted by
3214 posts

With all due respect, @aabbddlah2006,

I truly sympathise with the uncomfortable situation you and your family experienced, and I completely understand your frustration.

That said, I’d like to kindly point out that — beyond an apology (which I assume you were offered when the staff assisted you, and if not, absolutely should have been) — there isn’t really a legal or practical path to seek compensation, especially if you're thinking of a financial one (is that what you had in mind?).

Please know I say this with the utmost respect: while I don’t doubt the situation might have caused you and your family some stress, from a legal and cultural standpoint in Europe, it wouldn’t be considered grounds for financial compensation. At most, an apology or perhaps a goodwill gesture would be the usual response to below-standard service.

Every culture has its own legal and social frameworks, and when visiting a different one, it’s important to try to understand and accept how things work locally. In Europe — unlike, for instance, in the U.S. — the idea of “compensation” is much more limited to cases where there is serious, demonstrable harm or significant inconvenience.

A classic example is the well-known Liebeck v. McDonald's Restaurants case in the U.S., where a customer was awarded damages after being burned by hot coffee. That kind of lawsuit would never happen in the European Union due to major differences in how our legal systems view damages, liability, and consumer expectations.

Similarly, being stuck in a cable car for 10 minutes — while certainly unpleasant — does not meet the legal threshold for a claim under most European laws, especially when no actual harm was caused to your health or safety. Being “in distress” for 10 minutes — while understandably unpleasant — is not considered “harm” in a legal sense.

Again, I don’t mean to diminish what you describe as “extreme fear and horror” — your personal feelings are absolutely valid — but from a legal point of view (and I want to emphasize: strictly from a legal standpoint), the way this type of case is viewed across most EU countries is quite uniform, and quite different from what you might expect perhaps in your own home country.

Warm regards.

BTW, I've noticed you posted the same complain on TripAdvisor, but with a different nickname (??), and there you claim to be in Dunnet, in the UK. The UK (common law) has a different approach, a precedent-based system where judges and ombudsmen interpret how "duty of care" was breached in each case. Most EU countries follow civil law, with rigid codes and a narrower definition of compensable harm.

Posted by
7519 posts

Sorry this happened to you! It does sound very unpleasant.
Unfortunately, since you were not hurt in any measurable way, the best you might hope for is, perhaps, a ticket refund or voucher. And even then, it might be a bit late: the best course of action in Spain is to ask for the Hoja/Libro de Reclamaciones (Complaints form) before leaving the premises.

The lift broke down, someone answered, staff came within 5 minutes, and another 5 minutes later, you were out: it looks like staff did what they were supposed to do. The situation was made worse by the extreme heat, but under normal conditions this would be, objectively, a fairly minor incident.

Posted by
12594 posts

If I did the math correctly, you were, at most, 22 minutes late.

Ladies and gents please advise me on how to pave the path forward to get compensation for this mess.

Use the same method you got your doctor to compensate you when you were kept waiting beyond the appointment time.

Posted by
9610 posts

BTW, I've noticed you posted the same complain on TripAdvisor, but with a different nickname (??), and there you claim to be in Dunnet, in the UK.

Whatever happened (and I'm sorry that it did), this is really the wrong place for you to be asking about compensation. It sounds like you are a UK citizen (or resident) wanting compensation for an incident that happened in the EU. This forum is based in the US, and I doubt that you will be able to get any relevant advice here. And no reputable attorney would give legal advice on a public forum.

I have no idea what your chances of compensation are, but if you think you are entitled to something, your best option is to find an attorney in the UK.

Posted by
3634 posts

Enric mentioned the Liebeck case. Since he is from Barcelona, he may not be aware of how this case has been frequently cited by proponents of tort reform, who misrepresent the of facts of the case to falsely characterize it as an example of a frivolous lawsuit where an undeserving plaintiff wins excessive damages from a defendant with deep pockets. Nothing could be further from the truth. Here is a good summary of what really happened:

https://www.citizen.org/article/legal-myths-the-mcdonalds-hot-coffee-case/

Posted by
3214 posts

This forum is based in the US, and I doubt that you will be able to get any relevant advice here.

I don't have the figures, but just checking the regulars here, you'd be surprised to find out that over half of us at the very least are NOT based in the US. So I wouldn't say the forums of Rick Steve are "based in the US" -only the servers. :)

Posted by
3214 posts

Thanks, @Estimated Prophet, that was an interesting read. But I wasn't mentioning the Liebeck case (the well-known McDonald's hot coffee lawsuit) as an example of frivolous litigation—quite the opposite. I brought it up to highlight how differently the law is interpreted and applied on each side of the Atlantic.

In the U.S., as the article points out, the case “demonstrates a legal system that punishes corporations for misconduct and protects consumers who may be victims of their wrongdoing.” In Liebeck’s case, the court ruled that McDonald’s had served coffee at dangerously high temperatures, despite knowing the risks and having received hundreds of prior complaints. The jury awarded damages not just to compensate the victim, but also to send a clear message to the corporation.

That kind of legal outcome—where punitive damages are awarded to deter corporate negligence—is relatively common in the U.S., but it would be far less likely in most European legal systems. In Europe, punitive damages are rare or outright prohibited, and the legal culture tends to prioritize balance, moderation, and predictability over deterrence through high monetary penalties. That’s why I see the case not as an example of excess, but as a reflection of a fundamentally different legal philosophy.

Posted by
9610 posts

I don't have the figures, but just checking the regulars here, you'd be surprised to find out that over half of us at the very least are NOT based in the US. So I wouldn't say the forums of Rick Steve are "based in the US" -only the servers.

Sure it is, Enric. The company is based in the US. It's a legal entity here, so my comment is appropriate. But I do agree that there are many non-Americans who use this forum. Regardless, I still think the appropriate action for the OP would be take his question to someone in the UK; preferably an attorney.

Posted by
2919 posts

Regardless of where we are based, reputable attorneys would not give legal advice here

By the way what language did you expect them to answer in? You were in Spain where they speak Spanish.

(Having been trapped in elevators in the US this actually seems to be a pretty fast response)

Posted by
8090 posts

I had to read this a few times.

You got stuck in an elevator for 10 min. It was a hot day.
You should contact an attorney and sue somebody.

If your daughter is "prone to dehydration" make sure you carry water when out and about.
If your wife "could have collapsed" while out and about, she should see a doctor.

Therefore , as a professional entity operating this station who is in
charge of passengers’ safety while using the facility ,they should
compensate me.. am I wrong?!

Yes.