Sea passengers departing from or arriving at a port within the EU and on cruises where the port of embarkation is in the EU have specific rights in case their trip is cancelled or delayed.

Sea passengers must also be properly informed about the new departure details and be provided with clear information on the ticket price.

EU Regulation No. 1177/2010, which gives rights to passengers when travelling by sea, also prohibits discrimination and offers help to people with disability and reduced mobility.

Delayed or cancelled trip

If a passenger service is delayed or cancelled, passengers have the right to be informed by the carrier about the situation as soon as possible and not later than 30 minutes after the scheduled departure time. Sea passengers must also be informed about the new estimated departure and arrival times as soon as the information is available.

When a trip is cancelled or delayed for more than 90 minutes, stranded passengers are entitled to free snacks, meals or refreshments in reasonable relation to the amount of time they are left waiting to board the ship. Where an overnight stay is necessary, the carrier must offer up to three nights’ accommodation and transport to and from this place. The carrier may limit the total cost of accommodation to €80 per night per passenger.

The right to free accommodation does not apply if the journey is delayed or cancelled because of severe weather conditions that could endanger the safe operation of the ship.

Passengers are also not entitled to assistance if they are informed of the cancellation or delay before buying the ticket or where the cancellation or delay is within the passenger’s control.

Furthermore, in case of a cancellation or a delay of more than 90 minutes, passengers must be offered the choice between re-routing to the final destination at the earliest opportunity and at no additional cost or reimbursement of the ticket price and, where appropriate, a free return service to the first point of departure.

Financial compensation also applies in the event of a delay in arrival to the final destination. This compensation may amount to 25 per cent or 50 per cent of the ticket price, depending on the length of the delay. Compensation must be paid within one month of the request.

Financial compensation is not applicable if the delay or cancellation was a result of one of the following:

• weather conditions endangering the safe operation of the ship;

• extraordinary circumstances which could not have been reasonably avoided;

• the passenger holds an open ticket;

• the passenger was told of the cancellation or delay before purchasing the ticket;

• the passenger was responsible for the cancellation or delay.

Rights of people with disability and reduced mobility

Sea passengers with a disability or reduced mobility have the same rights as other passengers and cannot be refused reservations on the grounds of their disability, nor must tickets be offered at an additional cost.

These passengers may only be refused reservation to meet applicable safety requirements and where the design of the passenger ship or port infrastructure and equipment makes the safe embarkation, disembarkation or carriage of people with disability impossible. When such a refusal occurs, carriers, travel agents and tour operators must assist the concerned passengers to find alternative transport.

People with disability and reduced mobility must be provided with free assistance by carriers and terminal operators in ports and on board ships during embarkation and disembarkation.

The carrier may require the passenger to be accompanied by a helper or social carer. This person should travel free of charge.

Passengers with disability and reduced mobility should notify the carrier, travel agent or tour operator at the time of reservation of their specific needs at least 48 hours before their journey.

Where loss or damage to the mobility equipment of a person with disability or reduced mobility has been caused due to neglect or fault of a carrier or terminal operator, the latter shall pay compensation, which corresponds to the replacement value of the equipment or to costs relating to repairs.

Non-discrimination

Regulations on sea passengers’ rights also stipulate that no discrimination should take place with anybody, directly or indirectly, based on their nationality when purchasing tickets for ferry services and cruises.

Exclusions

The regulations do not apply to passengers travelling:

• on ships certified to carry up to 12 passengers;

• on ships with a crew of fewer than three people or where the distance of the service is less than 500m;

• on excursion and sightseeing tours; and

• on ships not propelled by mechanical means and historical ones certified to carry up to 36 passengers.

Right to submit complaints

In case of a problem, passengers should first submit complaints to the carrier or terminal operator within two months of the incident.

Dates, booking reference and all relevant details and documentation should be included in the complaint. If no response is given within two months or the reply is not satisfactory, then passengers can complain to the Malta Competition and Consumer Affairs Authority, which is the national enforcement body responsible for overseeing the regulations if the incident breaching them took place in Malta.

odette.vella@mccaa.org.mt

Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

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