Bus and coach transport is the most important means of land passenger transport after private cars. From surveys carried out in several EU Member States at national level it transpires that passengers using this mode of transport tend to be vulnerable.
In fact, a high percentage of bus and coach users are students and elderly people with small pensions. Most of these passengers do not hold a driving licence or do not own a car, hence bus and coach services are essential to them to be able to travel.
Passengers who travel by bus or coach in the EU have specific rights. Regulation 181/2011, which came into force in March 2013, gives passengers a minimum level of protection when they travel in the EU and thus facilitate their mobility and social integration. The regulations stipulate that bus and coach passengers should not be discriminated against on the basis of their nationality, residence or disability when purchasing a ticket.
Passengers with disability or reduced mobility should have access to bus and coach transport at no additional cost. Exception to this applies when it is physically impossible given the design of the vehicle or due to the bus stop or terminal infrastructure to carry passengers with disabilities. Such transport may also be denied in case of health and safety issues.
These regulations also require Member States to designate staffed and equipped bus and coach terminals to provide the required assistance to passengers with disabilities or reduced mobility when boarding or alighting from buses and coaches.
In addition these regulations oblige carriers to set up a complaint handling mechanism for their passengers and to provide travel information to all passengers before and during their journey, including information on their rights.
When travelling distances exceeding 250 km, EU passengers are also entitled to compensation and assistance in the case of death, injury or loss or damage to luggage caused by an accident. These passengers must also be properly informed if the transport service is cancelled or delayed and should be given estimated departure and arrival times as soon as this information becomes available.
Bus and coach passengers should not be discriminated against on the basis of their nationality, residence or disability when purchasing a ticket
If the journey is delayed by at least two hours, or is cancelled, passengers may opt not to continue with their journey and claim a refund of their ticket and if necessary request a free of charge return service to the first point of departure.
Passengers may also opt for re-routing as soon as possible at no additional cost under comparable transport conditions. They can also choose re-booking at a later date if this is more convenient for them and if the bus or coach carrier agrees.
For journeys over 250 km, passengers may also claim compensation that amounts to 50 per cent of the ticket price if the journey is cancelled or delayed by more than two hours, and the bus or coach company does not offer them a choice between reimbursement of the ticket price and re-routing when there has been a cancellation or long-delay.
The provisions covering journeys over 250 km do not apply to bus and coach services operating on the Maltese territory since distances covered by these services are less than 250 km.
In Malta the National Enforcement Body (NEB) responsible for the enforcement of these regulations is the Malta Competition and Consumer Affairs Authority (MCCAA). Complaints against transport companies may be addressed to the MCCAA. However, when bus and coach passengers have their rights breached, they should first submit a complaint with the company providing them with the transport services within three months of their journey.
When submitting such complaints it is important that passengers provide dates, booking references and any relevant documentation that sustains their claim. If no reply is received within three months, passengers may then file a complaint with the NEB.
A report submitted by the Commission to the European Parliament and the European Council on the operations and effects of this regulation shows that to date only a few complaints have been submitted with the 28 NEBs. In fact, with the exception of Spain, Germany and the Czech Republic only a handful of complaints were submitted in the other Member States.
The reasons being that the regulation is still relatively recent and many passengers may not be fully aware of their rights. Furthermore, since most complaints must first be submitted with the transport carrier, if these companies settle most complaints satisfactorily, then consumer complaints do not reach the NEBs.
From the report it also transpired that most complaints concerned the lack of information, assistance or compensation provided in the event of long delays or cancellations.
For more information or assistance passengers may contact the MCCAA on buspassengerrights@mccaa.org.mt.
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.