Euro-MPs give boat passengers new rights

12.00.00am BST (GMT +0100) Tue 6th Jul 2010

Boat passengers will have more rights as of 2012, after the European Parliament today approved new rules on the assistance and compensation an operator must provide in the event of delays or cancellations. Disabled passengers also secure the right to free assistance.

The legislation gives boat passengers similar rights to those which helped thousands of air passengers during the recent disruption caused by the Icelandic volcano.

These include the right to rerouting or refunds when faced with long waits and specified compensation in the event of more severe delays. MEPs said that operators must also cover the costs of overnight stays up to €80 (£66) per night if this becomes necessary.

South West MEP Graham Watson commented from Strasbourg where the vote took place;

"Every year, thousands of passengers are left stranded through no fault of their own. For those travelling on a tight budget, this unexpected stay can be unaffordable and extremely stressful. Today the EU acted to give them peace of mind.

"At the same time, MEPs said that boat passengers should be compensated for severe delays and given assistance to reach their destination on time. These new rights will ensure that operators do all that is within their power to fulfil their obligations towards customers."

The Regulation also means that disabled boat passengers must be given free assistance at ports, provided the carrier or port operator is notified 48 hours before boarding.

Watson hailed this as a victory for equal rights;

"This is yet another victory for equal rights at the European level. The EU has ensured that people with disabilities get the help they need are given the assistance they need to help overcome obstacles to travel by boat."

MEPs also considered similar legislation for bus and coach travel but failed to reach agreement with member states on the issue. Representatives from the European Parliament and European Council will now meet in conciliation meetings in an effort to hammer out a deal.

Notes:

The new rules will enter into force in 2012. Passenger boats carrying over 12 passengers come under the rules, with exceptions for excursion and sightseeing tours and boats with less than 3 crew members. Boat passengers will have more rights than currently stipulated under EU law for air passengers, as in the latter case there is no compensation for flight delays (only for cancellations).

Delays or cancellations of boat trips

Under the rules, when a regular passenger boat or ferry service is cancelled or over 90 minutes late in departing, the passengers will have the right to be rerouted (in order to reach the destination earlier) or 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). This 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.

In addition, regardless of whether they choose to travel or not, the passengers will be entitled to compensation of 25% of the ticket price for:

• journeys scheduled to last up to 4 hours which are delayed at arrival for at least an hour;

• journeys scheduled to last 4 to 8 hours which are delayed at arrival for at least two hours;

• journeys scheduled to last 8 to 24 hours which are delayed at arrival for at least three hours;

• journeys scheduled to last over 24 hours which are delayed at arrival for at least six hours.

If the delay is over double these minimum times, 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 3 nights).

Rights of people with disabilities or reduced mobility

The regulation states that disability may not be used 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 will also apply to cruise passengers.