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Passenger Rights under EU Regulation 1177/2010 when travelling by sea and inland waterway

Under EU Regulation 1177/2010 you have the following rights:

 

Where your ferry or cruise ship departure has been cancelled or delayed you have the right to be notified as soon as possible but no later than 30 minutes after the schedule time of departure as to the estimated departure and estimated arrival time. 

 

Where your ferry or cruise ship has been cancelled or delayed in departure for more than 90 minutes beyond its schedule time of departure you have the right free of charge to snacks, meals or refreshments reasonable to the waiting time provided they are available or can reasonably be supplied. 

 

Where your ferry or cruise ship has been cancelled or delayed in departure and overnight accommodation is required you have the right to be offered free of charge adequate accommodation on board or ashore if necessary and transport to and from the port terminal to your accommodation ashore. The cost of the accommodation is limited to a maximum of Euro 80 per night  per passenger for up to three nights.

 

Where you are travelling by ferry and its expected that your ferry service will be cancelled or delayed in departure from a port terminal for more than 90 minutes you should be immediately offered by the carrier the choice between:

a. re-routing to your final destination, under comparable conditions as set out in your transport contract at the earliest opportunity at no extra cost to you;

b. re-imbursement of the ticket price and where relevant a return service free of charge to the first point of departure as set out in your transport contract at the earliest opportunity.

 

Your payment of the reimbursement should be made within 7 days, in cash, by electronic bank transfer, bank order or bank cheque, of the full cost of the ticket at the price at which it was purchased, for the parts or parts of the journey not made, and for the part or parts already made where the journey no longer serves any purpose in relation to your original travel plans.

 

Where your ferry is delayed in arrival at the final destination as set out in your transport contract you have the right in addition to your transport to 25% compensation of the ticket price where the delay is at least:

 

(a) 1 hour in the case of a scheduled journey of up to 4 hours;

(b) 2 hours in the case of a scheduled journey of more than 4 hours, but not exceeding 8 hours;

(c) 3 hours in the case of a scheduled journey of more than 8 hours, but not exceeding 24 hours; or

(d) 6 hours in the case of a scheduled journey of more than 24 hours.

If the delay exceeds double the time set out in points (a) to (d), the compensation shall be 50% of the ticket price.

 

Compensation shall be calculated in relation to the price which you actually paid for your delayed ferry service. Where the transport is for a return journey, compensation for delay in arrival on either the outward or the return leg shall be calculated in relation to half of the price paid for the transport by that passenger service.

 

You will not be entitled to any assistance or compensation if you were informed of the cancellation or delay before the purchase of your ticket or if the cancellation or delay is caused by your own fault.

 

You will not be entitled to any overnight accommodation where the cancellation or delay is caused by weather conditions endangering the safe operation of the ship.

 

You will not be entitled to any compensation where the cancellation or delay is caused by weather conditions endangering the safe operation of the ship or by extraordinary circumstances hindering the performance of your ferry service which could not have  been avoided even if all reasonable measures had been taken. 

   

If you are a passenger with an open ticket where the time of departure is not specified you will not be entitled to assistance in the event of cancelled or delayed departure, re-routing and re-imbursement in the event of cancelled or delayed departures or compensation of the ticket price in the event of delay in arrival.

 

If you are a disabled person or a person with reduced mobility you have the right to assistance in ports and on board ships.

 

You should notify the carrier or the terminal operator at the time of booking  or at least 48 before the assistance is required.

 

If less than 48 hour notice  is provided (unless this has been previously agreed with the carrier or terminal operator)  then  although the carrier and  terminal operator  shall endeavour to make all reasonable efforts to provide the assistance required to embark, disembark and travel on the ship, any such assistance , however, cannot be guaranteed.

 

If you are a disabled person or a person with reduced mobility and you hold a reservation or have a ticket for a ferry or a cruise ship and you notified the carrier at the time of reservation or advance purchase of your ticket of your specific needs with regards to accommodation, seating or services required or that you needed to bring medical equipment on board.  However, you were denied embarkation on the basis of this Regulation then you and any accompanying person who was required to travel with you because of your disability or reduced mobility shall be offered the choice between the right to reimbursement and re-routing  as provided for in Annex I of the Regulation.

 

If you are a disabled person or a person with reduced mobility and your mobility equipment has been damaged by the carrier or terminal operator due to the fault or neglect of the carrier or terminal operator you have the right to the cost of the equipment being repaired or replaced. You also have the right in the interim to be given temporary replacement equipment which is a suitable alternative. 

 

The above rights are subject to certain exceptions under EU Regulation 1177/2010 when travelling by sea and inland waterways full details of which can be obtained from the carrier or terminal operator.

 

Contact details for UK National Enforcement Body at the Maritime & Coastguard Agency. Email: neb@mcga.gov.uk