Download the document in PDF format: Passenger rights
EU Regulation no. 1177/2010 relating to the rights of passengers traveling by sea and inland waterways applies from 18 December 2012, and provides a minimum set of rights for passengers travelling:
- with passenger services whose port of embarkation is located in a Member State;
- with passenger services operated by Union carriers from a port located in a third country to a port located in a Member State;
- with cruises whose port of embarkation is located in a Member State.
All passengers traveling by sea or inland waterways have the right to receive adequate information for the entire duration of the journey, including the right to be informed about passenger rights, the contact details of the national enforcement bodies and the conditions of access to transport for persons with disabilities or persons with reduced mobility.
In the event of a cancellation or delay in departure, passengers have the right to be informed of the delay or cancellation by the carrier or terminal operator, no later than 30 minutes after the scheduled departure time, and of the scheduled departure and arrival time, as soon as such information is available.
All persons purchasing tickets for navigation services have the right not to be discriminated against directly or indirectly on the basis of their nationality or the place of establishment of the carrier or ticket seller in the Union.
In the event of a delay of more than 90 minutes compared to the scheduled departure time, or cancellation of a passenger service or a cruise, passengers are offered free snacks, meals or drinks in appropriate relation to the waiting time.
In the event of a cancellation or delay in departure which requires a stay of one or more nights, the carrier offers free adequate accommodation, on board or on land, and transport between the port terminal and the place of accommodation.
If the carrier proves that the cancellation or delay is caused by weather conditions that put the safe operation of the ship at risk, it is released from the obligation to offer accommodation free of charge.
The passenger is not entitled to assistance from the carrier if informed of the cancellation or delay before purchasing the ticket, or if the cancellation or delay is caused by the passenger himself.
In the event of a delay of more than 90 minutes compared to the scheduled departure time or cancellation of a passenger service, passengers can choose between:
- alternative transport to the final destination under similar conditions, as soon as possible and without any additional charge;
- reimbursement of the ticket price and, where appropriate, free return to the first departure point indicated in the transport contract, as soon as possible.
Passengers can request financial compensation equal to 25% of the ticket price if the delay in arrival at the final destination exceeds:
- 1 hour, in regular service up to 4 hours
- 2 hours, in a regular service of more than 4 hours, but not exceeding 8 hours
- 3 hours, in a regular service of more than 8 hours, but not exceeding 24 hours
- 6 hours, in a regular service exceeding 24 hours.
Passengers can request financial compensation equal to 50% of the ticket price if the delay in arrival at the final destination exceeds:
- 2 hours, in a regular service up to 4 hours
- 4 hours, in a regular service of more than 4 hours, but not exceeding 8 hours
- 6 hours, in a regular service of more than 8 but not exceeding 24 hours
- 12 hours, in a regular service exceeding 24 hours.
The carrier is, however, released from the obligation to pay financial compensation to passengers in the event of a delay in arrival if it proves that the delay is caused by weather conditions that put the safe operation of the ship at risk, or by extraordinary circumstances that hinder the execution of the passenger service, which could not reasonably have been avoided.
In addition to the general rights of passengers, persons with disabilities and persons with reduced mobility, when traveling with navigation services, enjoy the following rights which offer them access to transport on equal terms with other passengers
a) Right of access to transport for people with disabilities and for people with mobility reduced, without discrimination
A carrier, travel agent or tour operator cannot refuse to accept a reservation, provide a ticket or board a person for reasons of disability or reduced mobility.
If it is not possible to bring on board a person with a disability or a person with reduced mobility for safety reasons or due to impossibility of boarding due to the design of the vessel or the infrastructure and equipment of the port, carriers, travel agents and tour operators must make all reasonable efforts to offer the person in question an acceptable transport alternative.
If people with disabilities and people with reduced mobility, who have a reservation and have notified the carrier of their specific needs, are nevertheless denied boarding, they can choose between the right to reimbursement and alternative transport, the latter subject to compliance with safety obligations.
Carriers, travel agents and tour operators cannot ask people with disabilities or people with reduced mobility to pay a higher price for reservations or tickets. Reservations and tickets are offered to people with disabilities and people with reduced mobility under the same conditions as all other passengers.
Carriers and terminal operators shall provide non-discriminatory access conditions for the transport of people with disabilities and people with reduced mobility and the people accompanying them.
b) Right to special assistance
Carriers and tour operators provide free assistance to people with disabilities and people with reduced mobility in ports and on board ships, including during embarkation and disembarkation.
Persons with disabilities and persons with reduced mobility must 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 devices. For any other type of assistance, persons with disabilities and persons with reduced mobility must notify the carrier or terminal operator at least 48 hours in advance, and present themselves at a designated place at the agreed time, in advance of the published boarding time.
c) Right to compensation for loss or damage to mobility equipment
If the carrier or terminal operator causes, through its own fault or negligence, the loss or damage of mobility equipment or other specific equipment used by disabled persons or persons with reduced mobility, it must offer the aforementioned persons compensation corresponding to the replacement value of the equipment in question or, where applicable, the repair costs.
Passengers can submit a complaint to carriers and terminal operators within 2 months of the date on which the service was provided or should have been provided.
Carriers and terminal operators must have a mechanism for handling complaints.
In this context, within one month of receiving the complaint, the carrier or terminal operator must notify the passenger whether it considers the complaint to be substantiated, rejected, or whether it is still being examined.
Must respond definitively to the passenger within 2 months of receiving the complaint.
Passengers can forward complaints to the national enforcement bodies for alleged infringements of EU Regulation No. 1177/2010.
In the Member States, the designated national bodies are responsible for the execution of the rights and obligations contained in EU Regulation no. 1177/2010 as regards passenger services and cruises from ports located in its territory, and passenger services from a third country to such ports.
If a Member State has decided to exclude passenger transport services under public service or integrated service contracts from the scope of the Regulation, it must ensure that a similar mechanism is in place for the protection of passengers’ rights.
