Passengers using bus and maritime services will soon get to enjoy rights which are on a par with those already enjoyed by air and rail passengers, if two recent proposals adopted by the European Commission were to become law.
These proposed laws provide for a wide range of rights which shall be available to all passengers using these modes of transport, whether domestically or internationally. Member states will nonetheless have the right to exclude certain services covered by public service obligations from the ambit of these EU laws if they can ensure a comparable level of passenger rights through other means.
The proposed laws set out specific rules in relation to the liability of the transport carrier in cases of death or injury to passengers. They even introduce the possibility for advance payments offered as ad-hoc assistance to victims or their family members, directly after an accident in order to ease immediate financial burdens. Passengers will also have a right to claim damages in cases of loss of or damage to luggage.
The proposals also address problems often encountered by persons with reduced mobility when they seek to travel by bus and ship. They strictly forbid any discrimination on grounds of disability or reduced mobility with regard to booking a journey or boarding a vehicle or ship. Transport operators cannot refuse to accept reservation, issue a ticket or board on grounds of disability or reduced mobility unless safety regulations or the size and facilities of the vehicle or ship make it impossible.
Assistance must be provided free of charge on condition that the passenger has notified a need for it in advance and arrives at the terminal or port at a predetermined time prior to the scheduled departure. These proposed laws also stipulate that personnel of companies and staff of bus terminals or ports should have appropriate knowledge with regard to the provision of assistance to disabled persons.
Compensation and assistance to passengers when their journey is interrupted is also catered for. In cases of interrupted or cancelled journeys, companies are obliged to provide passengers with adequate information, proper assistance and reasonable alternative services. Companies failing to meet these requirements will be obliged to pay compensation calculated on the basis of the ticket price.
As in the case of the air and rail sectors, the proposals foresee independent national bodies for settlement of disputes as well as a requirement for transport companies to set up effective complaint handling procedures. If a bus or ship passenger considers that any of his rights have not been respected, the matter can be brought to the attention of the service provider. Failure of the operator to reply to any such complaint within two months would imply the operator's acceptance of the passenger's claim.
Member states will also be obliged to set up enforcement bodies responsible for ensuring the implementation of these regulations on their territory. If a passenger is not satisfied with the response obtained from the service provider, he can proceed with filing a complaint with the national enforcement body designated by the country concerned.
These proposed laws will fill a lacuna which to date exists in so far as the rights of passengers travelling by bus or sea are concerned. All transport operators will in this way operate on a level playing field irrespective of the mode of transport they offer. On the other hand, all passengers can rest assured that whatever mode of transport they opt for, they will be afforded protection.
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.
These proposed laws provide for a wide range of rights which shall be available to all passengers using these modes of transport, whether domestically or internationally. Member states will nonetheless have the right to exclude certain services covered by public service obligations from the ambit of these EU laws if they can ensure a comparable level of passenger rights through other means.
The proposed laws set out specific rules in relation to the liability of the transport carrier in cases of death or injury to passengers. They even introduce the possibility for advance payments offered as ad-hoc assistance to victims or their family members, directly after an accident in order to ease immediate financial burdens. Passengers will also have a right to claim damages in cases of loss of or damage to luggage.
The proposals also address problems often encountered by persons with reduced mobility when they seek to travel by bus and ship. They strictly forbid any discrimination on grounds of disability or reduced mobility with regard to booking a journey or boarding a vehicle or ship. Transport operators cannot refuse to accept reservation, issue a ticket or board on grounds of disability or reduced mobility unless safety regulations or the size and facilities of the vehicle or ship make it impossible.
Assistance must be provided free of charge on condition that the passenger has notified a need for it in advance and arrives at the terminal or port at a predetermined time prior to the scheduled departure. These proposed laws also stipulate that personnel of companies and staff of bus terminals or ports should have appropriate knowledge with regard to the provision of assistance to disabled persons.
Compensation and assistance to passengers when their journey is interrupted is also catered for. In cases of interrupted or cancelled journeys, companies are obliged to provide passengers with adequate information, proper assistance and reasonable alternative services. Companies failing to meet these requirements will be obliged to pay compensation calculated on the basis of the ticket price.
As in the case of the air and rail sectors, the proposals foresee independent national bodies for settlement of disputes as well as a requirement for transport companies to set up effective complaint handling procedures. If a bus or ship passenger considers that any of his rights have not been respected, the matter can be brought to the attention of the service provider. Failure of the operator to reply to any such complaint within two months would imply the operator's acceptance of the passenger's claim.
Member states will also be obliged to set up enforcement bodies responsible for ensuring the implementation of these regulations on their territory. If a passenger is not satisfied with the response obtained from the service provider, he can proceed with filing a complaint with the national enforcement body designated by the country concerned.
These proposed laws will fill a lacuna which to date exists in so far as the rights of passengers travelling by bus or sea are concerned. All transport operators will in this way operate on a level playing field irrespective of the mode of transport they offer. On the other hand, all passengers can rest assured that whatever mode of transport they opt for, they will be afforded protection.
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.