The European Union has historically given greater focus to the legal rights of passengers and tourists travelling by air and railroad, whereas the rights of passengers travelling by sea and inland waterways have received comparatively little attention. In recognition of this, the rights of passengers travelling by waterborne transport are now crystallised in an EU regulation.

The aim of the regulation is to achieve a consistent legal framework in the interest of travelling passengers to ensure that they enjoy the same levels of quality and safety within the EU. Holiday-makers are protected by a comprehensive regulation that establishes a minimum set of legal rights.

Although some services are excluded from the scope of the regulation, the latter applies to a wide range of maritime travel. For instance, passengers travelling on ferries departing from, or arriving in Malta, or who have booked and paid for such a journey are covered. The regulation also applies to domestic ferry services that operate within the member states. In respect of the latter, however, member states can elect to exempt ferry services covered by public service obligations, although they still must ensure that passengers’ rights under national law are adequately safeguarded. Excluded from the regulation are ships that carry up to 12 passengers, where the distance of the overall ferry service is less than 500 metres one way, or excursion and sightseeing tours.

Passengers travelling on ferries departing from, or arriving in Malta, or who have booked and paid for such a journey are covered

The EU regulation gives rights to passengers but does not cover other people onboard a ship, such as crew members or contractors. The obligation to provide these rights falls squarely on every carrier, tour operator, travel agent, ticket vendor and port terminal operator. Carriers and port terminal operators are allowed to offer more favourable conditions as part of their commitment to customer care that go beyond the minimum rights established by the regulation.

All passengers must be provided with suitable and accessible information before and during the journey, as well as general information regarding their rights both at port terminals and onboard.

Among the principal rights afforded under the regulation is a guarantee of compensation to passengers in the event of cancellation or delay. Most passengers are entitled to receive some form of assistance in the event of cancelled or delayed departures. If a service is cancelled or delayed for more than 90 minutes beyond its scheduled time of departure, passengers must be provided with suitable assistance such as snacks, meals or refreshments, and if necessary also with adequate accommodation for a maximum of three nights and up to €80 per night. In these cases, passengers also have the right to choose between reimbursement of the ticket price or re-routing to the final destination. In the event of delayed arrival, compensation is due to the passenger in the amount of between 25 and 50 per cent of the ticket price.

At the centre of this regulation lies the special treatment of persons with disability and of persons with reduced mobility, who are its primary beneficiaries. Service providers are obliged to offer these passengers cost free special assistance onboard and at port terminals. They enjoy the right to non-discriminatory treatment upon reservation and during travel as well as adequate and accessible information regarding the accessibility of services.

A carrier, tour operator or travel agent may, however, refuse to accept a reservation or embarkation of a disabled person or a person of reduced mobility when the design of the passenger ship or port infrastructure makes it impossible to carry out the embarkation, disembarkation or carriage of this passenger in a safe and operationally feasible manner.

In this case, the carrier, travel agent or tour operator is obliged to make all reasonable efforts to propose, where possible, an alternative means of transport that is operated by the carrier which may be acceptable to the passenger. In the event of sea accidents, all passengers will be entitled to financial compensation. In the case of death or personal injury, except when this occurs as a result of circumstances beyond the carrier’s control, compensation is payable in any event even if the incident was not the fault or neglect of the carrier.

Likewise, loss of or damage to luggage, vehicles, and mobility or other special equipment is payable to the affected passenger. This compensation may be sought directly from the carrier’s insurer in case of death or personal injury within a period of two years.

In providing a minimum set of rights for passengers travelling by ferry or cruise ships, the regulation brought sea passengers rights’ on a par with passengers travelling by air or rail.

Josette Grech is adviser on EU law at Guido de Marco & Associates.

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