My client is affected by the Valencia flood
Patrick Gordinne Perez2024-12-30T02:31:01+00:00The hurricane in Valencia has been a terrible tragedy, not only for the dead but also for all the people who have lost everything and have no help.
But life goes on, and you have to move forward, there is no other option.
From our agency we give you some advice if the dana has affected some of your clients.
You are receiving requests from clients to renegotiate or terminate contracts because the floods in Valencia are preventing them from complying.
See how to act.
Impossible to work because of dana in valencia
In general, if an unforeseen and insurmountable event occurs between the signing of a contract and the delivery of the good or the provision of the service that is the object of the contract that makes the performance of one of the parties impossible, it is possible to terminate the contract (with restitution of the sums paid).
Such events are cases of force majeure which prevent or hinder one of the parties from fulfilling its obligations. For this purpose:
- The event must be of sufficient magnitude and not attributable to the non-performing party, such as a natural catastrophe.
- The incidence of the event is determined on a case-by-case basis.
Example of termination of contract due to force majeure by the dana de valencia
For example, if all of your supplier’s material has been destroyed because he only had one warehouse in the disaster area, you can terminate the contract; however, if you have other warehouses with material in good condition, you can negotiate (a new delivery time, for example).
How does the Valencia dana affect consumers?
In the case of consumers, the law expressly protects them when they are victims of disasters.
And with regard to the recent Valencia DANA, the government has approved a package of special measures:
- The deadlines for exercising the right of withdrawal are suspended from 29 October 2024 until 31 January 2025; and
- Consumers are exempted from the obligation to provide documents that they have not been able to keep because of the floods.
How to deal with a consumer affected by flooding
If a consumer informs you that he/she cannot perform the contract for this reason, you must reimburse him/her within 30 days of the contract becoming impossible to perform (in supply contracts, the consumer can choose to terminate the contract, postpone its performance or temporarily suspend it at no extra cost).
Check that your address is among those declared “affected”.
In any case, the consumer must submit the application within six months from the date the right arises (the moment the good is received or the supply begins) and, if before 7 November 2024 (entry into force of the regulation), from that date.
Check whether your customer is domiciled in an affected municipality.
And if you are a consumer, be aware of the specific deadlines for exercising your rights.