The passengers rights in the bus transport

After analyzing in previous articles the rights of passengers in transportation air , maritime and rail , it should focus on the protection afforded to passengers in road transport, in particular that carried out by bus.

The regulations governing this type of transport is the EU Regulation n ° 181/2011 , which is fully applicable to the services to long-distance (of more than 250 km), while also providing rights valid for the majority of road transport.

Among them should be highlighted:

the right not to discriminating travelers on contractual conditions or damages, because of their nationality, disability or reduced mobility;
passengers’ right to receive, before and during the journey, all information relating to their rights, using accessible formats (digital or through leaflets) as well as a complaints handling system.

The rights and protections provided in long-distance services

Among the rights provided only in favor of travelers with the services of more than 250 km , there are:

assistance (snacks, meals, drinks in relation to the waiting time) , in the event of cancellation or delay more than 90 (ninety) minutes , for trips of more than 3 (three) hours (art. 21);
if necessary – always travels this term – the hotel accommodation up to a maximum of two nights from € 80.00 each (subject to adverse weather conditions), as well as free transport to the hotel (Art. 21);
money back guarantee in case of cancellation / departure delays or overbooking ;
compensation equal to 50% of the price of the ticket in case of delay in departure of more than 120 (one hundred twenty) minutes , of cancellations and no-bid at redemption passenger by the carrier.
Information about the delay or cancellation of the trip, provided no later than 30 (thirty) minutes after the originally scheduled time of departure;
protection of passengers in case of death / injury personal, loss or damage to baggage caused by a traffic accident;
free assistance, in stations and on board the bus, for individuals with disabilities or reduced mobility and free trip to their companions.

Passenger rights in the event of cancellations, departure delays or overbooking

In addition to assistance provided for in Article. 21 (meals, drinks and possibly hotel accommodation), the European Regulation prescribes additional rights for passengers whose is canceled trip, is delayed at the start – from the terminal or from any station – more than 120 (one hundred twenty) minutes, or denied for excessive reservations (overbooking).

L ‘ art. 19 , in particular, requires that in the presence of such inefficiency the air carrier must offer immediately passengers the choice between:

the continuation of the journey to the final destination, at no additional expense and similar conditions, as indicated in the transport contract as soon as possible (for example, by booking a seat on the bus departing soon after);
reimbursement of the ticket price and, where appropriate, the free bus back to the first point of departure as soon as possible, as indicated in the contract of carriage. In this case, the refund must be paid within 14 (fourteen) days of the request.

However, if the carrier is unable to offer the passenger such solutions, it has a right to receive compensation equal to 50% of the ticket price , in addition to the full repayment of the same (as described in paragraph 2). This amount must be paid by the carrier within one month of submission of the request .

If the bus goes down during the trip?

In this case, the carrier must ensure passengers the continuation of the service on another vehicle , from the same place in which is located the medium unusable, or the transport to another waiting point and / or a station, from which the journey can continue .

Compensation and assistance in case of accident

Separate discussion deserve the protections afforded to passengers in case of an accident occurring during the bus trip.

First support

L ‘ art. 8 prescribes that following the incident, the carrier must assist passengers in a reasonable and proportionate to the needs
immediate thereof (for example, providing food, clothes, transport and first aid). For each traveler, however, the carrier may limit the total cost of the possible accommodation to 80 Euro per night, for a maximum of two nights.

Death / injury to passengers and loss / damage to baggage

According to art. 7 Moreover, if personal injury, loss or damage to baggage, passengers are entitled to compensation for damages. In case of death , it must be paid to the families of the victims and also cover the funeral expenses.

The amount of compensation will be calculated based on the applicable national law, but shall not be less than:

€ 220,000.00 for each passenger;
€ 1,200 per piece of luggage.

The protections provided for persons with disabilities or reduced mobility

The Regulation n ° 181/2011, finally, recognizes and guarantees the rights of persons with disabilities or reduced mobility (art. 9), providing that the travel companies and carriers can not refuse to accept a reservation, to issue a ticket or to pick up a board a person because of his disability.

However, the ‘ art. 10 of the aforementioned Regulation contemplates some exceptions to this rule, in the case in which the rejection is justified:

from the obligations relating to safety, under national or international law, or in the field of health established by the competent authorities;
from the configuration of the vehicle or the infrastructure, which make it physically impossible for the ascent / descent and transport in conditions of safety (for example, think of the structures without ramps for wheelchairs or bus devoid of the space reserved for the latter).

If the journey is guaranteed by the carrier, the art. 17 prescribes that these and the managing body of the stations are responsible for the loss or damage of wheelchairs or other mobility equipment or assistive devices, and, therefore, obliged to bear the cost of repair or replacement.

complaints

Without prejudice to claims for compensation for the injuries suffered, death or loss / damage of luggage, if a passenger intends to file a complaint to the carrier or the travel company, will file it within 3 (three) months from the date on which it was lent or should have lent the regular service .

The carrier or the company, by contrast, will have the responsibility to communicate to the passenger acceptance, rejection or processing of the claim, within 1 (one) month from receipt of the complaint; and it will provide a definitive answer no later than 3 (three) months .

Failing that, the passenger may contact the national body responsible for the application of the aforementioned European Regulation (in Italy is the authority of Transport adjustment, appointed by Decree. No. 169/2014).

IN SUMMARY

The EU Reg. No. 181/2011 regulates the bus transportation, providing rights and protections mainly benefit travelers in the services long-distance , but also by providing valid standards for the majority of road transport.

It provides that travelers, in long-distance services, should receive from the carrier:

assistance (snacks, meals, drinks) , in case of c ancellazione or delay more than 90 m inutes , for trips of more than 3 hours (art. 21);
if necessary, hotel accommodation for a maximum of two nights from € 80.00 per night , in addition to free transport up to it (art. 21);
money back guarantee in case of cancellation / departure delays or overbooking;
compensation equal to 50% of the price of the ticket in case of delay in departure of more than 120 minutes , the trip cancellation and no offer made to the repayment passenger by the carrier.
Information about the delay or cancellation of the trip, no later than 30 minutes after the originally scheduled time of departure;
protection in case of death / injury personal, loss or damage to luggage caused by a traffic accident.
free assistance, in stations and on board the bus, for individuals with disabilities or reduced mobility and free trip to their companions.

If the carrier is in violation of any of the above rights, the passenger is entitled to the same or a formal travel company within 3 months from the date on which it was paid or should have lent the regular service .

The carrier or the company, in turn, will provide a definitive answer within the next 3 months otherwise the passenger may contact the national body responsible for the application of the aforementioned European Regulation (in Italy, the Authority for Transport Adjustment).

The law firm Coscia, specialized in tourism law and Transport, can provide advice and targeted assistance, if you have suffered outages or the infringement of rights provided for bus transportation.

Do not hesitate to contact us at the address listed at right.