Summary of the provisions relating to the rights of passengers travelling by sea and inland waterway
Il regolamento (UE) n. Regulation (EU) No. 1177/2010 on the rights of passengers when travelling by sea and inland waterways applies from 18 December 2012 and sets out a minimum set of rights for passengers travelling:
- with passenger services where the port of embarkation is located within the territory of a Member State.
Regulation (EU) n. 1177/2010 does not affect passengers’ rights to bring actions before national courts under national law for compensation related to damages caused by cancellation or delay of transport services.
Right to Information
All passengers travelling by sea or inland waterways have the right to receive appropriate information throughout their journey, including information about passenger rights, details of the national enforcement bodies, and conditions of access to transport for disabled persons or persons with reduced mobility.
In the event of cancellation or delay at departure, passengers have the right to be informed by the carrier of the delay or cancellation no later than thirty minutes after the scheduled departure time, and to be informed of the estimated departure and arrival times as soon as such information becomes available.
Right to Non-Discriminatory Contract Conditions
All persons purchasing tickets for maritime 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.
Right to Care and Assistance
In case of a delay of more than ninety minutes or the cancellation of a passenger service, passengers are entitled to receive free snacks, meals or refreshments, reasonably related to the waiting time.
If the cancellation or delay requires a stay of one or more nights, the carrier must provide free accommodation ashore, and transport between the port terminal and the accommodation. The carrier is exempt from providing free accommodation if it proves that the cancellation or delay was caused by weather conditions that endanger the safe operation of the vessel.
Passengers are not entitled to assistance from the carrier if they were informed of the cancellation or delay before purchasing the ticket, or if the cancellation or delay was caused by the passenger themselves.
Right to Alternative Transport and Refund in Case of Cancellation or Delay at Departure
In case of a delay of more than ninety minutes beyond the scheduled departure time, or cancellation of a passenger service, passengers may choose between:
- alternative transport to the final destination under similar conditions, as soon as possible and at no extra cost;
- a refund of the ticket price and, where appropriate, free return to the first point of departure indicated in the transport contract, as soon as possible.
Right to Request Partial Compensation for Delay in Arrival at the Final Destination
Passengers may request financial compensation equal to 25% of the ticket price if the delay in arrival at the final destination exceeds:
- one hour on a regular service of up to four hours;
Passengers may request financial compensation equal to 50% of the ticket price if the delay in arrival at the final destination exceeds:
- two hours on a regular service of up to four hours;due ore in un servizio regolare fino a quattro ore;
The carrier is exempt from paying compensation if it proves that the delay was caused by weather conditions endangering the safe operation of the vessel, or by extraordinary circumstances preventing the execution of the passenger service which could not reasonably have been avoided.
Rights of Disabled Persons and Persons with Reduced Mobility
In addition to general passenger rights, disabled persons and persons with reduced mobility travelling on maritime services enjoy the following rights ensuring equal access to transport:
- a) Right of access to transport for disabled persons and persons with reduced mobility, without discrimination
A carrier may not refuse to accept a reservation, issue a ticket or embark a person on the grounds of disability or reduced mobility.
If it is not possible to board a disabled person or a person with reduced mobility for safety reasons or due to the ship’s design, carriers must make all reasonable efforts to offer an acceptable alternative.
If a person with a reservation who has notified the carrier of specific needs is still denied boarding, they may choose between a refund or alternative transport, subject to safety requirements.
Carriers may not charge higher prices for reservations or tickets for disabled persons or persons with reduced mobility. Tickets and reservations must be offered under the same conditions as for all other passengers.
Carriers must establish non-discriminatory access conditions for disabled persons, persons with reduced mobility and their accompanying persons. - b) Right to Special Assistance
Carriers must provide free assistance to disabled persons and persons with reduced mobility in ports and on board ships, including during embarkation and disembarkation.
Such persons must notify the carrier, at the time of booking or advance purchase, of specific needs for accommodation, seating, services required or need to transport medical equipment. For any other assistance, they must notify the carrier at least forty-eight hours in advance and be present at a designated place at the agreed time, before the published boarding time. - c) Right to Compensation for Loss or Damage to Mobility Equipment
If a carrier is responsible, through fault or negligence, for the loss or damage of mobility equipment or other specific equipment used by disabled persons or persons with reduced mobility, it must offer compensation equal to the replacement value of the equipment or, where applicable, the repair cost.
Right to File Complaints with Carriers and National Enforcement Bodies
Passengers may file a complaint with the carrier within two months from the date the service was provided or should have been provided.
The carrier must have a complaints handling system. Within one month of receiving the complaint, the carrier must inform the passenger whether the complaint is justified, rejected or still under consideration.
A final response must be given within two months from receipt of the complaint.
Passengers may submit complaints to national enforcement bodies for alleged violations of Regulation (UE) 1177/2010. Reports may be sent to the Transport Regulation Authority (only after submitting a complaint to Delcomar S.r.l. and after sixty days have passed) at Via Nizza 230, 10126 – Turin, or to the following email addresses: pec@pec.autorita-trasporti, art@autorita-trasporti.it.
Guarantee of Passenger Rights by National Enforcement Bodies and Similar Mechanisms
Negli Stati membri gli organismi nazionali designati sono responsabili dell’esecuzione dei diritti e degli obblighi contenuti nel regolamento (UE) n. 1177/2010
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1Summary prepared in accordance with Article 23(2) of Regulation (CE) n. 1177/2010. It has no legal value.