Maritime transport: new legal framework for passengers

From December 2012 passengers will be entitled to information, support and compensation.

European ports handle more than 400 million passengers each year. The EU aims to give these passengers better protection with European Directive 1177/2010. From 18 December 2012 passengers will be entitled to information, support and compensation in the event of a delay or cancellation. Passengers with reduced mobility will also be better protected from that date.

Right to travel information and ban on any form of discrimination

Carriers and terminal operators must provide sufficient information in the same language as that used for general information throughout the trip. Disabled and reduced mobility passengers must receive special support.

With respect to tariffs and contractual conditions the regulations prohibit any form of direct or indirect discrimination on the basis of the end user's nationality or carrier’s or ticket seller’s business location in the EU.

Cancellation or delay exceeding 90 minutes

In the event of cancellation or delay the carrier must inform passengers as soon as possible, at the latest 30 minutes after the planned departure time, of the situation and expected departure and arrival times and, where necessary, of alternative connecting transport services.

In the event of cancellation or a delay exceeding 90 minutes passengers are entitled to the following:

free meals, snacks or refreshments (in a reasonable relation to the waiting time);
appropriate onboard or on land accommodation free of charge. This can be limited to € 80 per night up to a maximum of 3 nights. This will not apply if the cancellation or delay is the result of extreme weather conditions that would endanger passenger safety.

The carrier must also give passengers the choice between:

transport to the final destination via an alternative route at no additional cost, in similar conditions and within the best possible time;
and
a ticket refund within 7 working days for non completed sections and already completed sections that became meaningless and, if necessary, return travel to the initial point of departure free of charge.

Compensation in the event of delay upon arrival

Without losing their right to transport, passengers can request compensation if they incurred a delay upon arrival at the final destination. Compensation will amount to minimum 25% of the ticket price for a delay of at least:

1 hour for a scheduled journey of up to 4 hours;
2 hours for a scheduled journey of more than 4 hours, but not exceeding 8 hours;
3 hours for a scheduled journey of more than 8 hours, but not exceeding 24 hours;
6 hours for a scheduled journey of more than 24 hours.

If the delay is twice as long as described above the compensation will amount to 50% of the ticket price.

No compensation will be paid if the cancellation or delay is the result of extreme weather conditions that endanger the safety of passengers on the ship, or of unforeseen and unavoidable circumstances. Examples of Force Majeure include a heavy storm at sea, ice formation, exceptionally high or low water levels, a hurricane, etc.

People with reduced mobility

Disabled people or people with reduced mobility must be able to use maritime transport the same as everyone else. The regulations therefore include stipulations that prohibit discrimination against, and offer support to, disabled passengers.

Carriers and ticket sellers shall not refuse people on the basis of reduced mobility, except in circumstances where this would compromise safety requirements, or if the vessel design or port infrastructure and equipment are unsuitable.
They shall not impose supplements because of their condition.
Only when strictly necessary shall carriers demand the presence of a carer. In such cases the carer shall travel free of charge.
People with reduced mobility shall be entitled to support free of charge during embarkation and disembarkation and on board, providing assistance has been requested at least 48 hours before departure.
Mobility aids or other special aids must be temporarily replaced free of charge in the event of loss or damage and compensated (replacement value or repair costs), except where the carrier is not at fault or negligent.

If a carrier refuses access to a person with reduced mobility, they must make every reasonable effort to offer the person in question an acceptable alternative. In such cases the carrier must refund the ticket.

Complaints

Passengers can lodge a complaint up to 2 months after the service in question was provided (or should have been provided). The carrier must send confirmation of receipt within one month and confirm whether they accept or reject the complaint, or that it is still being processed. The final response must be given within 2 months of receipt of the complaint.

Member states must appoint enforcement bodies authorised to implement the observation of these regulations.

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