The passengers rights in maritime transport in case of cancellation or delay

In the article on the  international legislation on the rights of travelers , we had already identified the European regulations that provide for and regulate passenger rights in the maritime transport ( Reg. EC n ° 1177/2010 of 24/11/2010 ) and carriers’ liability in case of accident happened on the boat ( EC Reg. n ° 392/2009 of 23/04/2009 ).

Here we will analyze in detail the European Regulation n ° 1177 of 2010, focusing on:

1. Passenger rights to ‘ information, support and delivery of  reimbursement or alternative transportation,  in case of canceled or delayed start;
2. the compensation economic due to the travelers in case of late arrival.

Passenger rights to information, assistance and reimbursement or re-routing in case of cancellation or delay at departure

The right to information

L ‘ art. 16 of Reg. No. 1177/2010 provides that the operator of the maritime transport company terminal must inform passengers of the delay, the actual time of departure and expected arrival at destination, no later than  30  (thirty)  minutes  after the scheduled time of departure.

In addition, if the passengers lose the coincidence as a result of the cancellation or the previous trip delay, the carrier or the terminal operator is obliged to inform them about alternative connections.

What are the ways in which the air carrier must inform passengers?

Article. 23 prescribes that ” carriers, terminal operators and, when applicable, port authorities shall, within their respective areas of competence “, that information is provided:

• on board ships, in ports – if possible – and in port terminals ;
• in accessible formats and in the same languages in which information is generally made available to all passengers.

The right to assistance

L ‘ art. 17  prescribes that the maritime carrier, in case of cancellation or delay in departure of more than 90 (ninety) minutes beyond its original, must offer free of charge to passengers snacks, meals or refreshments in reasonable relation to the waiting time , provided that the same are available.

In addition, if the cancellation or delay necessary make a living passenger of one or more nights  (for example the case in which the ship’s departure is scheduled for 23:00) – when it is physically possible – the carrier It has to offer free of charge to them an arrangement appropriate, on board or ashore , and transport between the port terminal and place of accommodation , in addition to the snacks, meals or beverages indicated above.

However, the overall cost of accommodation for each passenger may be limited by the carrier to € 80,00 (eighty euros) per night, for up to three nights (excluding costs of transportation to the hotel).

The right to re-routing or reimbursement of the ticket

In case of cancellation or greater than 90 minutes late, besides the assistance described above, the carrier must also offer the passenger the choice between:

1. the alternative transportation to the final destination, under comparable conditions, as indicated in the transport contract as soon as possible and without any supplement;
2. the reimbursement of the price of the ticket  for the part or parts of the journey not made (and for the part or parts already made if the journey no longer serves its original purpose), and, where appropriate, the return free of charge to the first point of departure  as soon as possible, as indicated in the contract of carriage.

In case of choosing the repayment, this is made within 7  (seven)  days  by bank transfer to the account of the passenger or bank check (or in the form of vouchers and / or other services, with the consent of the traveler).

From a careful analysis, you can see that all the obligations imposed on maritime carrier are substantially similar to those incumbent on the air carrier in case of denied boarding, long delays and flight cancellations .

The reason can be found in repeated efforts made by the European legislator, to ensure all travelers greater protection against transport companies (considered strongest part of the contract), irrespective of the means of transport used.

The economic compensation in case of delay in arrival

In case of late arrival to the boat’s final destination, Article. 19 of the Regulations provides that passengers can ask the carrier to  financial compensation specified in the contract of carriage. However, the minimum level of such compensation must be equal to at least 25% of the ticket price for a delay of:

• 1 (a ‘) now, in a regular service up to 4 (four) hours;
• 2 (two) hours , in a regular service of more than 4 (four) hours but not more than 8  (eight) hours;
• 3 (three) hours , in a regular service of more than 8  (eight) hours but not more than 24 (twenty four) hours; or six hours in a regular service of more than twenty four hours.

Moreover, if the delay exceeds double the time indicated above, the economic compensation is equal to 50% of the ticket price.

If passengers are in possession of a subscription and encounter recurrent delays in the course of validity thereof?

According to the regulation, they “may require adequate financial compensation as provided for compensation of the carrier”. Simply put, the passenger must identify the calculation of the compensation criteria in their contract of carriage.

If the passenger has booked a return ticket?

In this case, the economic compensation, in case of delay in arrival on either the outward or return, is calculated on the basis of half of the total price paid.

Finally, the carrier has the obligation to pay the passenger economic compensation within 1 (one) month from the submission of the request. It may consist of vouchers and / or other services or cash, the passenger express request.

Exemptions

The Regulation n ° 1177/2010, however, provides for certain cases where passengers are not applied to the protections provided for in Articles 17, 18 and 19:

1. until the time of departure is not specified (except for passengers holding a travel pass or season ticket title);
2. the rights to assistance and financial compensation is not due if the passenger is informed of the cancellation or delay before the purchase of the ticket or if the cancellation or delay was caused by the passenger;
3. The right to stay at an accommodation on board or on land and financial compensation are not sure if the carrier proves that the cancellation or delay was caused:
   • by weather conditions that have endangered the safe operation of the ship;
   • or extraordinary circumstances that have hampered the passenger service, which could not also be avoided by taking all reasonable measures (for the right to economic compensation only).

Complaints and further actions for damages

If a passenger wishes to make a complaint to the carrier or terminal operator due to the cancellation or delay or trip, must hand it within two months from the date when the service should have been performed (in case of cancellation) or was lent (the day of arrival at destination in case of delay).

Within 1 (one) month of receiving the complaint, the carrier or terminal operator is obliged to notify the passenger if the same has been accepted, rejected or is still under review. The time to give a definitive reply can not exceed the 2 (two) months from receipt of the same.

IN SUMMARY

In the event of cancellation or delay of a journey at sea or on navigable waters, travelers are entitled to receive from the carrier or operator of the port terminal:

1. information, assistance  and  refund or re-routing to the final destination;
2. the compensation economic due in case of delay in arrival.

However, the Regulation n ° 1177/2010 provides for certain cases where they are not applied to passengers these safeguards:

1. until the time of departure is not specified (except for passengers holding a travel pass or season ticket title);
2. the rights to assistance and financial compensation is not due if the passenger is informed of the cancellation or delay before the purchase of the ticket or if the cancellation or delay was caused by the passenger;
3. The right to stay at an accommodation on board or on land and financial compensation are not sure if the carrier proves that the cancellation or delay is caused:
   • by weather conditions that endanger the safe operation of the ship
   • or by extraordinary circumstances hindering the performance of the passenger service, which could not also be avoided by taking all reasonable measures (for the right to economic compensation only).

If a passenger intends to file a complaint, it must pass it within two months from the date when the service should have been performed (in case of cancellation) or was paid (the day of arrival at destination in case of delay).

Within 1 (one) month of receiving the complaint, the carrier or the terminal operator is obliged to notify the passenger if the same has been accepted, rejected or is still under investigation.

Attorney Marco Coscia offers its clients legal advice targeted to the specific case, by providing comprehensive support judicial and extrajudicial for the protection of passengers’ rights to compensation and compensation for damages.

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