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Права пассажиров EU 1177/2010

THE EU REGULATION 1177/2010 CONCERNING THE RIGHTS OF PASSENGERS WHEN TRAVELLING BY SEA AND INLAND WATERWAYS IS APPLIED SINCE 18TH DECEMBER 2012

The EU regulation affects passengers’ minimum rights regarding 1. receiving information during the journey, 2. compensation in case of delay and 3. the rights of disabled persons and persons with decreased mobility.

Passenger rights in accordance with the regulation apply to passenger ships travelling by sea and inland waterways when the port of embarkation is situated in an EU country.  It does not apply, among others, to ships which have a crew of 3 people or less or where the distance of the overall passenger service is less than 500 metres, one way, ships that are on excursion and sightseeing tours and ships that are not propelled by mechanical means. In addition, some of the rights described by the regulation do not apply to cruises in accordance with the regulation.

INFORMATION RIGHTS

The passenger has a right to receive adequate information for the entire duration of the trip. The passengers have a right to receive information concerning their rights, complaint procedures and the contact information of the national enforcement bodies. Disabled persons and persons with reduced mobility have a right to receive information concerning accessibility.

In the case of a cancellation or a delay in departure of a passenger service or a cruise, passengers shall be informed by the carrier or, where appropriate, by the terminal operator, (i) of the situation as soon as possible and in any event no later than 30 minutes after the scheduled time of departure, and (ii) of the estimated departure time and estimated arrival time as soon as that information is available.
If passengers miss a connecting transport service due to a cancellation or delay, the carrier and, where appropriate, the terminal operator shall make reasonable efforts to inform the passengers concerned of alternative connections.

REIMBURSEMENT IN THE EVENT OF DELAYED OR CANCELLED DEPARTURES

The passenger does not have a right to the reimbursements described below if the passenger is informed of the cancellation or delay before the purchase of the ticket or if the cancellation or delay is caused by the fault of the passenger.

a.    If the departure is delayed by more than 90 minutes or cancelled:

Assistance

Passengers departing from port terminals shall be offered, by the carrier, free of charge snacks, meals or refreshments in reasonable relation to the waiting time, provided they are available or can reasonably be supplied.
In the case of a cancellation or a delay in departure where a stay of one or more nights or a stay additional to that intended by the passenger becomes necessary, where and when physically possible, the carrier shall offer passengers departing from port terminals, free of charge, adequate accommodation on board, or ashore. For each passenger, the carrier may limit the total cost of accommodation ashore to EUR 80 per night, for a maximum of three nights. The carrier must offer transport to and from the port terminal and place of accommodation. The right to transport and accommodation does not apply if the cancellation or delay occurs due to weather conditions endangering the safe operation of the ship, such as strong winds, heavy seas, difficult ice conditions or floods. The carrier must, however, justify the actions they take in the situation.

Re-routing and reimbursement

The passenger may choose between re-routing to the final destination, under comparable conditions, as set out in the transport contract, at the earliest opportunity and at no additional cost or reimbursement of the ticket price and, where relevant, a return service free of charge to the first point of departure, asset out in the transport contract, at the earliest opportunity.
Where the passenger agrees, the full reimbursement may also be paid in the form of vouchers and/or other services in an amount equivalent to the price for which the ticket was purchased. Reimbursement cannot be demanded for cruises in accordance with the regulation.

b.    In the event of delayed arrival

Without losing the right to transport, passengers may request compensation from the carrier if they are facing a delay in arrival at the final destination as set out in the transport contract. The minimum level of compensation shall be 25 % of the ticket price for a delay of at least:

  • 1 hour in the case of a scheduled journey of up to 4 hours;
  • 2 hours in the case of a scheduled journey of more than 4 hours, but not exceeding 8 hours;
  • 3 hours in the case of a scheduled journey of more than 8 hours, but not exceeding 24 hours;
  • 6 hours in the case of a scheduled journey of more than 24 hours

If the delay exceeds double the time set out above, the compensation shall be 50 % of the ticket price.
Where the transport is for a return journey, compensation for delay in arrival on either the outward or the return leg shall be calculated in relation to half of the price paid for the transport by that passenger service.
Passengers are not entitled to reimbursement if they are on a cruise in accordance with the regulation or if the delay is caused by weather conditions endangering the safe operation of the ship or extraordinary circumstances (such as natural disasters or search and rescue operations at sea) which could not have been avoided even if all reasonable measures had been taken.

RIGHTS OF DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY

Disabled persons and persons with reduced mobility are entitled to non-discriminating treatment, assistance in ports and on board passenger ships and compensation for mobility equipment or other special equipment.
 

Non-discriminating treatment
Reservations and tickets shall be offered to disabled persons and persons with reduced mobility at no additional cost under the same conditions that apply to all other passengers. Carriers, travel agents and tour operators shall not refuse to accept a reservation, to issue or otherwise provide a ticket or to embark persons on the grounds of disability or of reduced mobility as such. Carriers may refuse to accept a reservation from, to issue or otherwise provide a ticket to or to embark a disabled person or person with reduced mobility:

  • in order to meet applicable safety requirements and
  • where the design of the passenger ship or port infrastructure and equipment, including port terminals, makes it impossible to carry out the embarkation, disembarkation or carriage of the said person in a safe or operationally feasible manner.

Carriers and terminal operators shall have in place non-discriminatory access conditions for the transport of disabled persons and persons with reduced mobility and accompanying persons.

Right to assistance in ports and on ships

Carriers and terminal operators shall, within their respective areas of competence, provide assistance to disabled persons and persons with reduced mobility, free of charge, provided that the carrier or the terminal operator is notified at the latest 48 hours before the assistance is needed, or the disabled person or person with reduced mobility presents himself at a point designated by the carrier at a time announced by the carrier (which shall not be more than 60 minutes before the published embarkation time, or if no embarkation time is stipulated, departure time). The assistance shall, if possible, be adapted to the individual needs of the disabled person or person with reduced mobility. Disabled persons or persons with reduced mobility shall notify the carrier of their specific needs at the time of reservation or advance purchase of the ticket.

Special compensations

Carriers and terminal operators shall be liable for loss suffered as a result of the loss of or damage to mobility equipment or other specific equipment if the incident which caused the loss was due to the fault or neglect of the carrier or the terminal operator. The compensation shall correspond to the replacement value of the equipment concerned or, where applicable, to the costs relating to repairs.

HANDLING OF COMPLAINTS

When making a complaint, the passenger should primarily contact Finnlines customer support via e-mail (feedback@finnlines.com), through the feedback form on our website (www.finnlines.com/contact), via mail (Finnlines Plc, Passenger Services, P.O.B. 197, FI-00181 Helsinki) or via phone (+358 9 231 43 100).

The passenger shall submit the complaint within 2 months from the date on which the service was performed or when a service should have been performed.
If the carrier has not responded to the passenger within the time limit or if the passenger is not satisfied with the response, they may contact authorities. Complaints relating to passenger traffic services shall be sent to the regional authority of the EU member country on whose territory the ports where the ships depart are located, or if the ships depart from a third country, the EU member country they arrive to.