Summary of the provisions of Regulation (EU) No 1177/2010
Transport by sea and inland waterways
Regulation (EU) No 1177/2010 of the European Parliament and of the Council, concerning the rights of passengers when travelling by sea and inland waterway, has been applicable since 18 December 2012. It establishes minimum rights for the protection of passengers travelling:
- on passenger services where the port of embarkation is located in the territory of a European Union Member State;
- on passenger services operated by European Union carriers, departing from a port located in a third country and arriving at a port in a Member State;
- on cruises where the port of embarkation is located in the territory of a Member State.
Article 2 of the Regulation sets out exclusions and limitations regarding its scope, covering, among other things, certain categories of vessels and specific excursion or sightseeing services other than cruises. In particular, Articles 18 and 19—which concern alternative transport, reimbursement, and compensation for delays—do not apply to cruise passengers.
All passengers have the right to receive adequate information during their journey, including information regarding their rights, the national bodies responsible for the enforcement of the Regulation, and the conditions of access to transport for persons with disabilities or reduced mobility.
In the event of a cancellation or a delay in departure, the carrier or, where appropriate, the terminal operator shall inform passengers as soon as possible and, in any case, no later than 30 minutes after the scheduled departure time. Updated departure and arrival times shall be communicated as soon as they become available.
Should a cancellation or delay result in a missed connection, the carrier and, where appropriate, the terminal operator shall make every reasonable effort to inform passengers about alternative connections. Such information must be provided in formats that are also accessible to persons with disabilities or reduced mobility.
Contractual terms and fares offered to the public must be applied without any direct or indirect discrimination based on the passenger’s nationality or the place of establishment—within the European Union—of the carrier or the ticket seller, without prejudice to any social fares provided for by law.
When the cancellation of a passenger service or a cruise, or a departure delay of more than 90 minutes, is reasonably foreseeable, the carrier shall offer passengers departing from port terminals—free of charge—snacks, meals, or refreshments in reasonable relation to the waiting time, provided that these are available or can reasonably be supplied.
Accommodation in the event of an overnight stay
If a cancellation or departure delay necessitates one or more overnight stays, or an additional stay beyond that originally planned, the carrier shall—where and when physically possible—provide, free of charge, suitable accommodation on board or ashore, as well as transport between the port terminal and the place of accommodation.
For accommodation ashore, the carrier may limit the total cost to 80 euros per night, per passenger, for a maximum of three nights; this limit does not include the cost of transport between the terminal and the place of accommodation.
If the carrier demonstrates that the cancellation or delay is caused by weather conditions that endanger the safety of navigation, it is not required to provide the accommodation stipulated in Article 17, paragraph 2, free of charge.
The forms of assistance set out in Articles 17, 18, and 19 do not apply in the cases expressly provided for in Article 20—for example, when a passenger has been informed of the cancellation or delay prior to purchasing their ticket, or when the event is attributable to the passenger themselves. This is without prejudice to the special attention that must be afforded to persons with disabilities or reduced mobility and their accompanying persons.
When the cancellation of a passenger service or a delay in departure from the port terminal of more than 90 minutes beyond the scheduled time is reasonably foreseeable, the carrier shall immediately offer the passenger a choice between:
- alternative transport to the final destination, under conditions comparable to those set out in the contract of carriage, at the earliest opportunity and at no additional cost;
- reimbursement of the ticket price and, where appropriate, a free return to the initial point of departure as specified in the contract, at the earliest opportunity.
Reimbursement covers the full cost of the ticket—at the price paid—for the part of the journey not completed; if the journey no longer serves its original purpose, it also covers the parts already completed. Reimbursement shall be made within seven days, in accordance with the procedures set out in the Regulation. Any reimbursement in the form of vouchers or other equivalent services requires the passenger’s consent and must be subject to flexible terms of use.
Adverse weather conditions do not, in themselves, preclude the rights provided for under Article 18, subject to the feasibility and safety of any alternative transport arrangements.
For regular services to which Article 19 applies, passengers may request financial compensation from the carrier—calculated based on the price actually paid—when arrival at the final destination specified in the contract is delayed by an amount of time equal to or greater than the thresholds set out in the Regulation.
Compensation equal to 25% of the ticket price
The minimum compensation is 25% if the arrival delay is at least:
- 1 hour for a regular service with a scheduled duration of up to 4 hours;
- 2 hours for a regular service with a scheduled duration of more than 4 hours but not exceeding 8 hours;
- 3 hours for a regular service with a scheduled duration of more than 8 hours but not exceeding 24 hours;
- 6 hours for a regular service with a scheduled duration of more than 24 hours.
Compensation equal to 50% of the ticket price
The compensation is 50% when the arrival delay exceeds twice the threshold mentioned above—that is:
- more than 2 hours for a regular service with a scheduled duration of up to 4 hours;
- more than 4 hours for a regular service with a scheduled duration of more than 4 hours but not exceeding 8 hours;
- more than 6 hours for a regular service with a scheduled duration of more than 8 hours but not exceeding 24 hours;
- more than 12 hours for a regular service with a scheduled duration of more than 24 hours.
In the case of a return ticket, compensation for a delay affecting only one leg of the journey is calculated based on half of the total price paid for the transport. Compensation shall be paid within one month of the submission of a claim, in accordance with the procedures set out in Article 19. The carrier may establish a minimum threshold—not exceeding 6 euros—below which no compensation is payable.
Exemptions from compensation
The carrier is not required to pay compensation for a delay in arrival if it can demonstrate that the delay was caused by weather conditions that jeopardized the safety of the vessel, or by extraordinary circumstances that hindered the provision of the passenger service and could not have been reasonably avoided. Furthermore, the other exemptions provided for in Article 20 of the Regulation shall apply.
In addition to the rights granted to all passengers, persons with disabilities and persons with reduced mobility benefit from specific protections designed to ensure equal access to transport, while maintaining safety requirements.
a) Access to transport without discrimination
Carriers, travel agents, or tour operators may not refuse a booking, the issuance of a ticket, or boarding solely on the grounds of a disability or reduced mobility, except in cases provided for under Article 8—such as for safety reasons, or where boarding is impossible due to the design of the vessel or the port infrastructure and equipment.
When boarding is not possible for these reasons, the operators concerned must make every reasonable effort to propose an acceptable alternative transport arrangement. In the cases covered by Article 8, passengers who hold a booking and have notified the operator of their specific needs may choose between a refund and alternative transport, provided that safety requirements are met.
Bookings and tickets must be offered under the same financial conditions as those applied to other passengers. Furthermore, carriers and terminal operators must implement non-discriminatory access policies, taking into account individuals accompanying passengers with disabilities or reduced mobility.
b) Right to assistance
In ports, at terminals, and on board vessels, carriers and terminal operators are required to provide—free of charge—the assistance stipulated by the Regulation, including support during boarding and disembarking, in accordance with their respective areas of responsibility.
Individuals requiring assistance must notify the carrier or terminal operator at least 48 hours before the assistance is needed, unless a shorter notice period has been agreed upon. At the time of booking or purchasing a ticket in advance, passengers must also specify any particular requirements regarding accommodation, seating, requested services, or the transport of medical equipment.
Passengers must arrive at the designated location at the communicated time, in accordance with the procedures set out in the Regulations. If no prior notification was provided, the carrier and the terminal operator must nonetheless make every reasonable effort to ensure that the necessary assistance is provided.
c) Compensation for loss of or damage to mobility equipment
Where the loss of or damage to mobility equipment or other specific equipment is attributable to the fault or negligence of the carrier or the terminal operator, the passenger is entitled to compensation equal to the replacement value of the equipment or, where appropriate, the cost of repairs. Furthermore, every reasonable effort must be made to promptly provide suitable temporary replacement equipment.
Passengers may submit a complaint to the carrier or terminal operator within two months of the date on which the service was provided or should have been provided.
Within one month of receiving the complaint, the carrier or terminal operator shall inform the passenger whether the complaint has been accepted, rejected, or is still under review. A final response must be provided within two months of receipt.
For assistance-related inquiries regarding NLG services, passengers may use the contact channels provided on the website www.nlg.it or write to customercare@nlg.it.
In the event of an alleged violation of the rights granted under Regulation (EU) No 1177/2010, and after having first submitted a complaint to the carrier, a passenger may contact the Transport Regulation Authority (ART) if they find the response received unsatisfactory or if no response is provided within 60 days of the initial complaint.
A secondary complaint to the ART is intended to verify potential violations and allow the Authority to exercise its regulatory powers; it does not constitute a procedure for obtaining refunds or compensation. For the resolution of disputes—including those involving financial claims—passengers may utilize conciliation mechanisms or other legal remedies provided for under the applicable law.
Each Member State shall designate one or more national bodies responsible for the enforcement of Regulation (EU) No 1177/2010 with regard to passenger services and cruises departing from ports located within its territory, as well as passenger services arriving at such ports from third countries.
In Italy, the body responsible for protecting passenger rights in the sectors covered by the Regulation is the Transport Regulation Authority (ART). Should a Member State make use of the specific exemptions provided for certain services—such as those subject to public service obligations or integrated services—it must nonetheless ensure an adequate level of passenger protection, in accordance with the established legislation.
Official text of Regulation (EU) No 1177/2010: https://eur-lex.europa.eu/eli/reg/2010/1177/oj?locale=it
Transport Regulation Authority (Autorità di Regolazione dei Trasporti) – second-instance complaints: https://www.autorita-trasporti.it/reclami-di-seconda-istanza/
Transport Regulation Authority (Autorità di Regolazione dei Trasporti) – conciliation service: https://www.autorita-trasporti.it/servizio-conciliazioni-art/
NLG information and assistance: https://www.nlg.it/
This page contains a summary of the main applicable provisions. In the event of any discrepancy, the current text of Regulation (EU) No 1177/2010 and other applicable regulations shall prevail.
