Passenger Rights
Act One: Regulations. Regulation of the European Union number 1177 of 2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers travelling by sea and by inland waterways and amending Regulation of the European Community number 2006 of 2004.
The European Parliament and the Council of the European Union, having regard to the Treaty on the Functioning of the European Union, in particular Article 91, paragraph one, and Article 100, paragraph two, having regard to the proposal from the European Commission, having regard to the opinion of the European Economic and Social Committee, after consulting the Committee of the Regions, acting in accordance with the ordinary legislative procedure, considering as follows.
Point 1: the action of the Union in the field of maritime transport and inland waterways should be aimed, among other things, at ensuring a high level of protection of passengers similar to that offered by other modes of transport. Furthermore, the requirements relating to consumer protection in general should be duly taken into account.
Point 2: since the passenger travelling by sea and inland waterways is the weaker party in the transport contract, it is appropriate to guarantee all such passengers a minimum level of protection. Nothing should prevent carriers from offering the passenger contractual conditions that are more favourable than those laid down in this regulation. At the same time, the purpose of this regulation is not to interfere in commercial relations between undertakings concerning the transport of goods. In particular, agreements between a forwarder and a carrier should not constitute transport contracts within the meaning of this regulation and should therefore not confer on the forwarder or its employees the right to financial compensation under this regulation in the event of delays.
Point 3: the protection of passengers should cover not only passenger services between ports located in the territory of the Member States, but also those between such ports and ports located outside the territory of the Member States, taking into account the risk of distortion of competition in the passenger transport market. Therefore, for the purposes of this regulation, the definition of Union carrier should be interpreted in the broadest possible sense without however prejudicing other legal acts of the Union, such as Council Regulation EEC number 4056 of 1986 of 22 December 1986, which lays down the rules for the application of Articles 85 and 86 of the Treaty to maritime transport, and Council Regulation number 3577 of 1992 of 7 December 1992 concerning the application of the principle of freedom to provide services to maritime transport between Member States, maritime cabotage.
Point 4: the internal market of passenger services by sea and inland waterways should benefit citizens in general. It is therefore appropriate to ensure for persons with disabilities and persons with reduced mobility due to disability, age or other reasons, the possibility to make use of passenger services and cruises under conditions similar to those available to other citizens. Persons with disabilities and persons with reduced mobility have the same rights as all other citizens with regard to free movement, freedom of choice and non-discrimination. Member States should promote the use of public transport and the use of integrated tickets in order to optimise the use and interoperability of the different operators and transport modes.
Point 5: Member States should promote the use of public transport and the use of integrated tickets in order to optimise the use and interoperability of the different operators and transport modes.
Point 6: in light of Article nine of the United Nations Convention on the Rights of Persons with Disabilities and in order to provide persons with disabilities and persons with reduced mobility with the possibility to travel by sea and by inland waterways under conditions similar to those enjoyed by other citizens, rules should be established on non-discrimination and assistance during the journey. These persons should therefore have access to transport and should not be excluded from it, unless for justified safety reasons established by the competent authorities. They should enjoy the right to assistance in ports and on board passenger ships. In order to promote social inclusion, such assistance should be provided to the persons concerned free of charge. Carriers should establish access conditions, preferably on the basis of the European standardisation system.
Point 7: in the design of new ports and terminals, as well as in the case of major renovation works, the responsible bodies should take into account the needs of persons with disabilities and persons with reduced mobility, in particular with regard to accessibility, paying particular attention to the needs arising from the principle of design for all. Carriers should take such needs into account in the design and modernisation of passenger vessels, in accordance with Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships.
Point 8: Assistance provided in ports located within the territory of a Member State should, among other things, enable persons with disabilities and persons with reduced mobility to move from a designated point of arrival in a port to a passenger ship and from a passenger ship to a designated point of departure in a port, including embarkation and disembarkation.
Point 9: In organizing assistance for persons with disabilities and persons with reduced mobility, as well as the training of their staff, carriers should cooperate with organizations representing persons with disabilities or persons with reduced mobility. In doing so, they should also take into account the relevant provisions of the International Convention and the Code on Standards of Training, Certification and Watchkeeping for Seafarers, as well as the recommendation of the International Maritime Organization (IMO) on the design and operation of passenger ships to meet the needs of elderly persons and persons with disabilities.
Point 10: Provisions relating to the embarkation of persons with disabilities or persons with reduced mobility should not prejudice the general rules on passenger embarkation laid down at international, Union, or national level.
Point 11: Union legal acts on passenger rights should take into account the needs of passengers, in particular those of persons with disabilities and persons with reduced mobility, to use different modes of transport and to transfer easily from one mode to another, without prejudice to the safety regulations applicable to the operation of ships.
Point 12: Passengers should be adequately informed in the event of cancellation or delay of a passenger service or a cruise. Such information should help passengers to take appropriate action and, where necessary, to obtain information on alternative connections.
Point 13: Inconveniences caused to passengers by cancellation of a journey or long delays should be reduced. For this purpose, passengers should receive appropriate assistance and should have the opportunity to cancel their journey and obtain reimbursement of the ticket or rerouting under satisfactory conditions. Appropriate accommodation for passengers does not necessarily have to include hotel rooms, but may also include any other available accommodation, depending in particular on the circumstances of each specific situation, passengers’ vehicles and the characteristics of the ship. In this regard, and in duly justified cases and in extraordinary and urgent circumstances, carriers should be able to make full use of relevant available facilities in cooperation with civil authorities.
Point 14: Carriers should provide compensation to passengers in case of cancellation or delay of a service in proportion to the ticket price, except where the cancellation or delay is due to weather conditions compromising the safe operation of the ship or to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
Point 15: The burden of proof should lie with carriers, in accordance with generally recognised principles, to demonstrate that the cancellation or delay is due to such weather conditions or extraordinary circumstances.
Point 16: Weather conditions compromising the safe operation of the ship should include, by way of example and not limitation, strong winds, rough seas, strong currents, dangerous ice formation, and extremely high or low water levels, hurricanes, tornadoes and flooding.
Point 17: Extraordinary circumstances should include, by way of example and not limitation, natural disasters such as fires and earthquakes, terrorist attacks, wars and armed conflicts, military or civil, insurrections, military or unlawful seizure, labour disputes, landing of sick, injured or deceased persons, search and rescue operations at sea or on inland waterways, measures necessary to protect the environment, decisions taken by traffic management bodies or port authorities, or decisions taken by competent authorities with regard to public order and safety, as well as to meet urgent transport needs.
Point 18: With the participation of the operators concerned, professional organizations and consumer associations, passengers, persons with disabilities and persons with reduced mobility, carriers should cooperate to adopt arrangements at national or European level aimed at improving attention and assistance provided to passengers whenever their journey is interrupted, in particular in cases of long delays or cancellation of travel. National enforcement bodies should be informed of such arrangements.
Point 19: The Court of Justice of the European Union has already established that problems leading to cancellations or delays may be regarded as extraordinary circumstances only if they stem from events not inherent in the normal exercise of the activity of the carrier concerned and beyond its actual control. It should be noted that weather conditions compromising the safe operation of the ship are, by nature, beyond the actual control of the carrier.
Point 20: This Regulation should not affect passengers’ rights laid down in Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours. This Regulation should not apply in cases where a package is cancelled for reasons other than the cancellation of the passenger service or the cruise.
Point 21: Passengers should be properly informed of their rights under this Regulation in an accessible format so that they can exercise them effectively. The rights enjoyed by passengers should include the right to receive information about the passenger service or cruise before and during the journey. All essential information provided to passengers should be provided in formats accessible to persons with disabilities and persons with reduced mobility, enabling them to access the same information, for example using Braille text, audio, video and/or electronic formats.
Point 22: Passengers should be able to exercise their rights through appropriate and accessible complaint procedures applied by carriers and terminal operators within their respective areas of competence or, where appropriate, by submitting complaints to the body or bodies designated for this purpose by the Member State concerned. Carriers and terminal operators should respond to passengers’ complaints within a specified period, bearing in mind that failure to respond to a complaint may be invoked against them.
Point 23: Taking into account the procedures established by Member States for the submission of complaints, complaints concerning assistance in ports or on board a ship should preferably be addressed to the body or bodies designated for the enforcement of this Regulation in the Member State in which the port of embarkation is located and, with regard to passenger services from a third country, to the Member State in which the port of disembarkation is located.
Point 24: Member States should ensure compliance with this Regulation and designate a body or bodies responsible for supervision and enforcement tasks. This does not affect the rights of passengers to seek judicial remedies under national law.
Point 25: The body or bodies designated for the enforcement of this Regulation should be independent from commercial interests. Each Member State should designate at least one body which, where appropriate, should have the authority and capacity to examine individual complaints and to facilitate dispute resolution. Passengers should be able to receive a reasoned reply from the designated body within a reasonable period of time. Given the importance of reliable statistics for the application of this Regulation, in particular to ensure consistent application at Union level, reports drawn up by such bodies should, where possible, include statistics on complaints and their outcomes.
Point 26: Member States should establish a system of penalties for infringements of this Regulation and ensure that they are applied. Such penalties should be effective, proportionate and dissuasive.
Point 27: Since the objectives of this Regulation, namely ensuring a high level of protection and assistance for passengers in all Member States and ensuring that economic operators operate under harmonised conditions in the internal market, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. This Regulation does not go beyond what is necessary to achieve those objectives in accordance with the principle of proportionality set out in that Article.
Point 28: The enforcement of this Regulation should be based on Regulation (EC) No. 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws. That Regulation should therefore be amended accordingly.
Point 29: Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data should be strictly observed and applied in order to ensure respect for the private life of natural persons and legal entities, and to ensure that the information and reports required are used solely for the purpose of complying with the obligations laid down in this Regulation and are not used to the detriment of the persons concerned.
Point 30: This Regulation respects fundamental rights and observes the principles recognised, in particular, by the Charter of Fundamental Rights of the European Union, referred to in Article 6 of the Treaty on European Union.
Chapter one: general provisions.
Article one: subject matter.
This Regulation lays down rules for transport by sea and by inland waterways which govern:
letter A, non-discrimination between passengers with regard to the transport conditions offered by carriers;
letter B, non-discrimination and assistance for persons with disabilities and persons with reduced mobility;
letter C, the rights of passengers in the event of cancellation or delay;
letter D, the minimum information to be provided to passengers;
letter E, the handling of complaints;
letter F, general rules on enforcement.
Article two: scope of application.
Paragraph one: this Regulation applies to passengers travelling:
letter A, on passenger services where the port of embarkation is situated in the territory of a Member State;
letter B, on passenger services where the port of embarkation is situated outside the territory of a Member State and the port of disembarkation is situated in the territory of a Member State, provided that the service is operated by a Union carrier, as defined in Article three, letter E;
letter C, on a cruise where the port of embarkation is situated in the territory of a Member State.
However, Article sixteen, paragraph two, Articles eighteen and nineteen and Article twenty, paragraphs one and four, shall not apply to such passengers.
Paragraph two: this Regulation does not apply to passengers travelling:
letter A, on ships authorised to carry up to twelve passengers;
letter B, on ships for which the operation is the responsibility of a crew composed of no more than three persons or where the overall distance of the passenger service is less than five hundred metres, one way only;
letter C, on excursions and sightseeing tours other than cruises;
letter D, on ships without mechanical means of propulsion, as well as on original and individual reproductions of historical passenger ships designed before 1965, built mainly with original materials, authorised to carry up to thirty-six passengers.
Paragraph three: Member States may, for a period of two years from 18 December 2012, exempt from the application of this Regulation seagoing ships of less than three hundred gross tonnage used in domestic transport, provided that the rights of passengers under this Regulation are adequately ensured by national legislation.
Paragraph four: Member States may exempt from the application of this Regulation passenger services covered by public service obligations or public service contracts or integrated services, provided that the rights of passengers under this Regulation are ensured in a comparable manner by national legislation.
Paragraph five: without prejudice to Directive 2006/87/EC and Directive 2009/45/EC, no provision of this Regulation shall be construed as a technical requirement imposing obligations on carriers, terminal operators or other bodies to modify or replace ships, infrastructure, ports or port terminals.
Article three: definitions.
For the purposes of this Regulation, the following definitions shall apply:
letter A, person with disabilities or person with reduced mobility means any person whose mobility when using transport is reduced due to any physical disability, sensory or locomotor disability, permanent or temporary, mental disability or impairment, or any other cause of disability, or for reasons of age, and whose condition requires appropriate attention and adaptation of the service provided to all passengers in order to respond to the specific needs of that person.
letter B, territory of a Member State means territory to which the Treaty on the Functioning of the European Union applies, with reference to Article three hundred and fifty-five thereof under the conditions set out therein.
letter C, access conditions means relevant standards, guidelines and information on the accessibility of port terminals and ships, including facilities for persons with disabilities or persons with reduced mobility.
letter D, carrier means a natural or legal person, other than a tour operator, travel agent or ticket seller, offering passenger transport services or cruises to the public.
letter E, Union carrier means a carrier established within the territory of a Member State or offering passenger transport services to or from the territory of a Member State.
letter F, passenger service means a commercial transport service of passengers by sea or by inland waterways operated according to a published timetable.
letter G, integrated services means interconnected transport services within a given geographical area with a single information service, ticketing and timetable.
letter H, performing carrier means a person other than the carrier who actually performs the transport, wholly or partly.
letter I, inland waterways means a body of inland navigable water, natural or artificial, or a system of interconnected bodies of water used for transport purposes such as lakes, rivers or canals, or a combination of these.
letter J, port means a place or a geographical area where improvements and structures have been added to enable ships to dock from which passengers regularly embark or disembark.
letter K, port terminal means a terminal in a port equipped with facilities such as check-in counters, ticket offices or waiting rooms and staff for the embarkation or disembarkation of passengers travelling by passenger services or on cruises, operated by a carrier or terminal operator.
letter L, ship means a vessel used for maritime navigation or on inland waterways.
letter M, contract of carriage means a contract of transport between a carrier and a passenger for the provision of one or more passenger services or cruises.
letter N, ticket means a valid document or other evidence of a contract of carriage.
letter O, ticket seller means a retailer that concludes contracts of carriage on behalf of the carrier.
letter P, travel agent means a retailer acting on behalf of the passenger or tour operator in the conclusion of contracts of carriage.
letter Q, tour operator means an organiser or retailer other than the carrier within the meaning of Article two, paragraphs two and three, of Directive 90/314/EEC.
letter R, reservation means a booking for a specific departure of a passenger service or a cruise.
letter S, terminal operator means a public or private body within the territory of a Member State responsible for the administration and management of a port terminal.
letter T, cruise means a transport service by sea or inland waterways operated exclusively for leisure or recreational purposes, completed with accommodation and other services of a duration of more than two days with accommodation on board.
letter U, maritime accident means the shipwreck, capsizing, collision or grounding of a ship, an explosion or fire on board, or a defect of the ship.
Article four: tickets and non-discriminatory contractual conditions.
Paragraph one: carriers issue a ticket to passengers unless national legislation provides for other transport documents. The ticket may be issued in electronic format.
Paragraph two: without prejudice to social tariffs, the contractual conditions and tariffs applied by carriers or ticket sellers are offered to the public without any direct or indirect discrimination based on the nationality of the final purchaser or the place of establishment of the carrier or ticket seller within the Union.
Article five: performing parties.
Paragraph one: where the performance of obligations under this Regulation has been entrusted to a performing carrier, ticket seller or other person, the carrier, travel agent, tour operator or terminal operator that has entrusted such obligations shall in any case remain responsible for the acts and omissions of that person in the exercise of their functions.
Paragraph two: in addition to paragraph one, the person to whom the carrier, travel agent, tour operator or terminal operator has entrusted the performance of an obligation shall be subject to the provisions of this Regulation, including the provisions on liability and exemption with regard to the obligation in question.
Article six: waiver.
The rights and obligations established by this Regulation cannot be limited nor may they be waived, in particular as a result of derogating or restrictive clauses of the contract of carriage.
Chapter two: rights of persons with disabilities and persons with reduced mobility.
Article seven: right to transport.
Paragraph one: a carrier, a travel agent and a tour operator may not refuse to accept a reservation, issue or otherwise provide a ticket or embark a person solely on the grounds of disability or reduced mobility.
Paragraph two: reservations and tickets are offered to persons with disabilities and persons with reduced mobility without additional costs under the same conditions applicable to all other passengers.
Article eight: exceptions and special conditions.
Paragraph one: by way of derogation from Article seven, paragraph one, carriers, travel agents and tour operators may refuse to accept a reservation, issue or otherwise provide a ticket or embark a person with disabilities or a person with reduced mobility.
letter A: for the purpose of complying with applicable safety requirements established by international, Union or national law, or for the purpose of complying with safety requirements established by the competent authorities.
letter B: where the design of the passenger ship or the infrastructure and equipment of the port, including port terminals, makes it impossible to embark, disembark or carry the person concerned in safe or operationally feasible conditions.
Paragraph two: where a reservation is not accepted or a ticket is not issued or otherwise provided for the reasons referred to in paragraph one, carriers, travel agents and tour operators shall make all reasonable efforts to propose to the person concerned an acceptable alternative transport on a passenger service or cruise operated by the carrier.
Paragraph three: where a person with disabilities or a person with reduced mobility who is in possession of a reservation or ticket and has fulfilled the requirements referred to in Article eleven, paragraph two, is nevertheless denied embarkation on the basis of this Regulation, that person and any accompanying person referred to in paragraph four may choose between the right to reimbursement and rerouting, as provided for in Annex one. The right to choose between a return journey and rerouting is subject to compliance with all safety requirements.
Paragraph four: where it is strictly necessary and under the same conditions referred to in paragraph one, carriers, travel agents and tour operators may require that a person with disabilities or a person with reduced mobility be accompanied by another person capable of providing the assistance required by the person with disabilities or the person with reduced mobility. With regard to passenger services, the accompanying person shall be carried free of charge.
Paragraph five: where a carrier, travel agent or tour operator makes use of paragraphs one to four, it shall immediately inform the person with disabilities or the person with reduced mobility of the specific reasons. Upon request, those reasons shall be notified in writing within no later than five days after the request. In the case of refusal pursuant to paragraph one, letter A, reference shall be made to the applicable safety requirements.
Article nine: accessibility and information.
Paragraph one: in cooperation with organisations representing persons with disabilities or persons with reduced mobility, carriers and terminal operators, where appropriate through their organisations, establish or put in place non-discriminatory access conditions for the transport of persons with disabilities and persons with reduced mobility and persons accompanying them. The access conditions are communicated upon request to the national enforcement bodies.
Paragraph two: the access conditions referred to in paragraph one are made available to the public by carriers and terminal operators physically or on the Internet, in accessible formats upon request and in the same languages in which information is normally provided to all passengers. Particular attention is paid to the needs of the person with disabilities or persons with reduced mobility.
Paragraph three: tour operators make available the access conditions referred to in paragraph one which apply to the journeys included in trips, holidays and package tours organised, sold or offered by them.
Paragraph four: carriers, travel agents and tour operators ensure that all relevant information, including reservations and online information concerning transport conditions, travel information and access conditions, are available in appropriate and accessible formats for persons with disabilities and persons with reduced mobility. Persons requiring assistance receive confirmation of such assistance through the available means, including in electronic form or by short message service SMS.
Article ten: right to assistance in ports and on board ships.
Without prejudice to the access conditions referred to in Article nine, paragraph one, carriers and terminal operators, within their respective areas of competence, provide free of charge to persons with disabilities or persons with reduced mobility the assistance referred to in Annexes two and three in ports, including during embarkation and disembarkation, and on board ships. The assistance shall, where possible, be adapted to the individual needs of the person with disabilities or the person with reduced mobility.
Article eleven: conditions under which assistance is provided.
Paragraph one: carriers and terminal operators, within their respective areas of competence, provide persons with disabilities or persons with reduced mobility with the assistance referred to in Article ten, provided that:
letter A, the carrier or terminal operator is informed by any available means, including electronic means or SMS, of the person’s need for assistance at least forty-eight hours before such assistance is required, unless the passenger and the carrier or the terminal operator agree a shorter period;
letter B, the person with disabilities or the person with reduced mobility presents himself or herself at the port or at the agreed meeting point, as indicated in Article twelve, paragraph three;
letter I, at a time stipulated in writing by the carrier, provided that this is not more than sixty minutes before the published embarkation time; or
letter I, where no embarkation time has been stipulated, at least sixty minutes before the published departure time, unless the passenger and the carrier or the terminal operator agree a shorter period.
Paragraph two: in addition to paragraph one, persons with disabilities or persons with reduced mobility notify the carrier, at the time of booking or advance purchase of the ticket, of their specific needs for accommodation, seating, required services or the need to transport medical equipment, provided that such needs are known at that time.
Paragraph three: the notification referred to in paragraph one, letter A, and paragraph two may always be transmitted to the travel agent or tour operator from whom the ticket was purchased. Where the ticket permits multiple journeys, a single notification is sufficient provided that adequate information is supplied on the times of subsequent journeys. The passenger shall receive confirmation that the need for assistance has been notified in accordance with paragraph one, letter A, and paragraph two.
Paragraph four: where no notification has been made in accordance with paragraph one, letter A, and paragraph two, carriers and terminal operators shall nevertheless make every reasonable effort to ensure that assistance is provided in such a way that the person with disabilities or the person with reduced mobility can embark, disembark and travel on the ship.
Paragraph five: where a person with disabilities or a person with reduced mobility is accompanied by a recognised assistance dog, that dog shall be accommodated together with the person concerned, provided that notification is given to the carrier, travel agent or tour operator in accordance with national rules applicable to the transport of recognised assistance dogs on board passenger ships, where such rules exist.
Chapter three: obligations of carriers and terminal operators in the event of interruption of travel.
Article sixteen: information in case of cancellation or delayed departures.
Paragraph one: in case of cancellation or delay in the departure of a passenger service or a cruise, the carrier or, where appropriate, the terminal operator informs passengers departing from port terminals or, if possible, passengers departing from ports as soon as possible and in any case no later than thirty minutes after the scheduled time of departure, of the situation, of the expected departure time and of the expected arrival time as soon as such information becomes available.
Paragraph two: if passengers miss a connecting transport service due to cancellation or delay, the carrier and, where appropriate, the terminal operator make reasonable efforts to inform the passengers concerned of alternative connections.
Paragraph three: the carrier or, where appropriate, the terminal operator ensures that persons with disabilities or persons with reduced mobility receive the necessary information referred to in paragraphs one and two in accessible formats.
Article seventeen: assistance in case of cancelled or delayed departures.
Paragraph one: where a carrier reasonably expects the departure of a passenger service or a cruise to be cancelled or to be delayed for more than ninety minutes beyond the scheduled departure time, it offers free of charge to passengers departing from port terminals snacks, meals or refreshments in reasonable relation to the waiting time, provided they are available or can reasonably be supplied.
Paragraph two: in the event of cancellation or delay at departure requiring a stay of one or more nights or an additional stay to that intended by the passenger, where and when physically possible, the carrier offers free of charge to passengers departing from port terminals adequate accommodation on board or on shore and transport between the port terminal and the place of accommodation, in addition to snacks, meals or refreshments referred to in paragraph one. For each passenger the carrier may limit the total cost of accommodation on shore, excluding transport between the port terminal and the place of accommodation, to 80 euro per night for a maximum of three nights.
Paragraph three: in applying paragraphs one and two, the carrier shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and their accompanying persons.
Passenger rights for those travelling by sea and by inland waterways. Passengers, including those with disabilities or reduced mobility, travelling by sea and by inland waterways enjoy the same rights everywhere within the European Union. These rights, including those relating to information and to compensation in the event of delay or cancellation, complement similar rights to those enjoyed by passengers travelling by air, rail and bus.
Act: Regulation of the European Union number 1177 of 2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers travelling by sea and by inland waterways and amending Regulation of the European Community number 2006 of 2004.
Summary: passengers, including those with disabilities or reduced mobility, travelling by sea and by inland waterways enjoy the same rights everywhere within the European Union. These rights, including those relating to information and to compensation in the event of delay or cancellation, complement similar rights to those enjoyed by passengers travelling by air, rail and bus.
What does this Regulation do?
It establishes the rights of all passengers, including those with disabilities and persons with reduced mobility, travelling by sea and by inland waterways within the European Union. These rights apply to passengers travelling within the European Union on large ferries and cruise ships across seas, rivers, lakes and canals.
They include: reimbursement or alternative transport in case of cancellation or delay of departure exceeding 90 minutes; adequate assistance, for example meals, drinks and, if necessary, accommodation for a maximum of three nights in the event of cancellation or delay of departure exceeding 90 minutes; compensation of amounts between 25 and 50 percent of the ticket price in situations of delay on arrival or cancellation of the journey;
non-discriminatory and free specific treatment and assistance for persons with disabilities and persons with reduced mobility both in port terminals and on board ships, as well as financial compensation for the loss or damage of mobility equipment;
adequate information on travel arrangements for all passengers before and during the journey, as well as general information on their rights in terminals and on board ships; introduction of a mechanism for the handling of complaints by carriers and terminal operators; establishment of independent national bodies responsible for enforcing the rights set out in the Regulation, including, where appropriate, the application of sanctions.
From 31 December 2012 Regulation number 392 of 2009 concerning the liability of carriers transporting passengers by sea in the event of loss or damage following an accident applies.
From when does the Regulation apply?
From 18 December 2012.
Context: European Commission website on passenger rights, maritime transport.
References: act, Regulation of the European Union number 1177 of 2010.
Date of entry into force: 6 January 2011.
Official Journal of the European Union OJ L 334 of 17 December 2010, pages 1 to 16.
Passengers are reminded that the full text of Regulation of the European Union 1177 of 2010 is available for consultation upon request to on-board staff and ticket office staff and that the body responsible for the implementation of Regulation of the European Union 1177 of 2010 for the Italian State is ART, transport regulation authority, via Nizza 230, 10126 Turin, www.autorita-trasporti.it.
Make a complaint
Under Regulation (EU) 1177/2010, you can make a complaint to the carrier or to the terminal operator through the appropriate form, if you think your rights have not been respected.
Go to form