Rights of Passengers (Reg. UE 1177/2010)
SUMMARY OF THE PROVISIONS ON THE RIGHTS OF PASSENGERS WHEN TRAVELLING BY SEA AND INLAND WATERWAY
The minimum rights of passengers when travelling by sea and inland waterway are contained in Regulation (EU) no. 1177/2010, which places obligations of information on the carrier and provides for specific rights in the case of delays in departure, delays in arrival, cancellation of departures and changes in routes.
Regulation (EU) no. 1177/2010 also maintains the right of passengers to seek damages resulting from cancellation or delay of transport services before national courts, according to national legislation.
All passengers travelling with Adria Ferries S.p.a. enjoy and may exercise the rights provided by said regulation, which may be downloaded at the following link:
A summary is provided below for passengers’ convenience.
Right to information
All passengers travelling by sea or inland waterway have the right to receive adequate information throughout travel, including the right to be informed of the rights of passengers, the details of the national enforcement authorities and the conditions of access to transport for people with disabilities or people with reduced mobility.
In the case of cancelled or delayed departure, passengers have the right to be informed of the delay or cancellation by the carrier or by the terminal operator, no later than thirty minutes after the scheduled time of departure, and of the estimated departure time and estimated arrival time as soon as that information is available.
Right to non-discriminatory contract conditions
All people who purchase tickets for transport services have the right not to suffer direct or indirect discrimination based on their nationality or on the place of establishment of the carrier or ticket vendor within the Union.
Right to attention and to assistance
In the case of a delay of over ninety minutes or cancellation of a passenger service or a cruise, passengers are offered, free of charge, snacks, meals or refreshments, in reasonable relation to the waiting time. In the case of a cancellation or a delay in departure where a stay of one or more nights for the passenger becomes necessary, the carrier offers passengers, free of charge, adequate accommodation on board, or ashore, and transport to and from the port terminal and place of accommodation. Where the carrier proves that the cancellation or delay is caused by weather conditions endangering the safe operation of the ship, the obligation of offering free accommodation does not apply.
The passenger does not have the right to the carrier’s assistance if informed of the cancellation or delay before the purchase of the ticket or if the cancellation or delay is caused by the passenger themselves.
Right to alternative transport and to reimbursement in the case of cancelled or delayed departure
In the case of a delay of over ninety minutes from the scheduled departure time or cancellation of a passenger service, passengers are offered the choice between:
• re-routing to the final destination, under comparable conditions, at the earliest opportunity and at no additional cost;
• reimbursement of the ticket price and, where relevant, a return service free of charge to the first point of departure, as set out in the transport contract, at the earliest opportunity.
Right to request partial financial compensation of the ticket price in the case of delayed arrival at the final destination
Passengers may request compensation of 25% of the ticket price for a delay in arrival at the final destination of at least:
• one hour in the case of a scheduled journey of up to four hours;
• two hours in the case of a scheduled journey of more than four hours, but not exceeding eight hours;
• three hours in the case of a scheduled journey of more than eight hours, but not exceeding twenty-four hours;
• six hours in the case of a scheduled journey of more than twenty-four hours.
Passengers may request compensation of 50% of the ticket price for a delay in arrival at the final destination of at least:
• two hours in the case of a scheduled journey of up to four hours;
• four hours in the case of a scheduled journey of more than four hours, but not exceeding eight hours;
• six hours in the case of a scheduled journey of more than eight hours, but not exceeding twenty-four hours
• twelve hours in the case of a scheduled journey of more than twenty-four hours.
The carrier is not required to pay financial compensation to passengers for a delay in arrival if it proves that the delay is caused by weather conditions endangering the safe operation of the ship or by extraordinary circumstances hindering the performance of the passenger service, which could not have been avoided even if all reasonable measures had been taken.
Rights of people with disabilities and people with reduced mobility
In addition to the general rights of passengers, people with disabilities and people with reduced mobility have the following rights when they travel, which offer them access to transport under the same conditions as the other passengers:
a) right of access to transport for people with disabilities and people with reduced mobility, without discrimination
A carrier, travel agent or tour operator cannot refuse to accept a reservation, issue a ticket or to embark a person on the grounds of disability or of reduced mobility. If it is not possible to embark a person with disabilities or reduced mobility for reasons of safety or due to the design of the ship or port infrastructure and equipment, carriers, travel agents and tour operators must make all reasonable efforts to propose an acceptable, alternative transport to that person. If people with disabilities or reduced mobility who hold a reservation and have informed the carrier of their specific needs are nonetheless denied embarkation, they are offered the choice between the right to reimbursement and re-routing, with the latter being conditional upon all safety requirements being met. Carriers, travel agents and tour operators cannot require people with disabilities or 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 terms and conditions as all other passengers. Carriers and terminal operators prepare non-discriminatory access conditions for 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 assistance free of charge to people with disabilities and people with reduced mobility in ports and on board ship, including during embarkation and disembarkation. People with disabilities and people with reduced mobility must notify the carrier, at the time of reservation or advance purchase of the ticket, of their specific needs with regard to accommodation, seating or services required or their need to bring medical equipment. For any other type of assistance, people with disabilities and people with reduced mobility must notify the carrier or the terminal operator at least forty-eight hours beforehand and present themselves at the designated place at the agreed time, one hour ahead of the published embarkation time.
c) right to compensation for loss of or damage to mobility equipment
A carrier or terminal operator who, through their own fault or neglect, has caused the loss of or damage to mobility equipment or other specific equipment used by a disabled person or person with reduced mobility, must offer compensation corresponding with the replacement value of the equipment concerned or, where applicable, with the costs relating to repairs.
Right to submit complaints to carriers and to national enforcement bodies
Passengers may submit a complaint to carriers and terminal operators within two months from the date on which the service was performed or when the service should have been performed. Carriers and terminal operators must have in place a complaint-handling mechanism. Within one month of receiving the complaint, the carrier or terminal operator must give notice to the passenger that the complaint has been substantiated, rejected or is still being considered. The passenger must be given a final reply within two months of receipt of the complaint. Passengers may also submit complaints to the national enforcement authorities for alleged infringements of Regulation (EU) no. 1177/2010.
Guarantee of the rights of passengers by national enforcement authorities and similar mechanisms
In the Member States, the national authorities are responsible for enforcement of the rights and obligations contained in Regulation (EU) no. 1177/2010 for passenger services and cruises from ports situated in their own territory and passenger services from a third country to such ports. If a Member State has decided to exclude passenger transport services covered by public service contracts or integrated services from application of the regulation, they must ensure that the rights of passengers are comparably guaranteed under national law.