Passengers travelling by ferry or going on a cruise will soon get to enjoy new rights when travelling anywhere within the European Union. Following the approval by the European Parliament of a proposed new law, boat passengers are set to enjoy rights which are similar in nature to those enjoyed to date by air and rail passengers.

Both air and rail passengers enjoy a number of rights including the right to information and to compensation in the eventuality that there is a cancellation.

The new rules will ensure that boat passengers are also given the necessary assistance and compensation in cases of delays. When a regular passenger boat or ferry service is cancelled or over 90 minutes late in departing, passengers will have the option to choose to be rerouted in order to reach the destination earlier, to receive back the ticket cost and not to travel or else to return to the initial port of departure at the company’s cost.

These options will not apply in the case of weather delays or other conditions outside the operator’s control.

Passengers must also be given snacks or meals, wherever possible. Moreover, regardless of whether they choose to travel or not, the passengers will be entitled to compensation of 25 per cent of the ticket price depending on the duration of the delay and on the scheduled duration of the trip.

If the delay is over double the minimum times stipulated in the proposed law, passengers will be entitled to compensation of half the ticket price. The compensation will have to be paid in money if the passenger demands it. Additionally, if because of the delay, passengers have to stay overnight before completing their journey, the operator will have to pay for their hotel expenses up to €80 per night for not more than three nights.

The new law emphasises that disability cannot be used by carriers as a reason for denying a passenger the right to board. Free assistance must be provided to disabled people in ports, on condition that the carrier or the port operator is notified when the reservation is made or at least 48 hours before boarding. This applies also to cruise passengers.

The new law also makes provision for the right to information for all passengers before and during their journey as well as access to general information about their rights in terminals and on board ships. Furthermore, carriers and terminal operators are obliged to establish complaint handling mechanisms which must be readily available to passengers.

The ball is now in the court of the Council of Ministers to confirm the agreement reached within Parliament in order for the proposed rules to be officially adopted as law. The new rules will then enter into force in 2012. All passenger boats carrying over 12 passengers fall under the scope of this proposed law, with some exceptions such as for excursion and sightseeing tours. Indeed, as the proposed law now stands boat passengers will have even more rights than those currently stipulated under EU law for air passengers, as in the latter case there is no compensation for flight delays but only for cancellations.

Dr Vella Cardona is a practicing 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.

mariosa@vellacardona.com

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