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EU passenger rights extended to boats, not buses

Published 07 July 2010 - Updated 08 July 2010
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After air and rail, European citizens travelling by boat will be entitled to reimbursement and other compensation as of 2012 in case of cancellation or delays of more than 90 minutes, following a vote in the European Parliament yesterday (6 July).

The new EU rules also include a right to rerouting and cover assistance such as meals, refreshments and accommodation of up to three nights where necessary (with a limit of €80 per night), the European Commission said, welcoming the Parliament's vote.

"This regulation on the rights of passengers travelling by sea and by inland waterway will extend passenger rights to further transport modes," said Siim Kallas, Commission vice-president in charge of transport.

"This means that passengers travelling by water will benefit from the same basic quality service standards wherever they travel in the Union."

The new rights will come into effect as of 2012 and will entitle passengers for reimbursement of 25% of the ticket price in cases where journeys are cancelled or delayed for more than a quarter of their total duration.

If the delay is over double these minimum times, passengers will be entitled to compensation of half the ticket price, the Parliament said.

All boats carrying over 12 passengers will fall under the new rules, with the exception of excursions and sightseeing tours. 

Assistance for disabled passengers

The European Parliament also extended the initial proposal to cover assistance for disabled passengers.

"Disability may not be used as a reason for denying a passenger the right to board," reads the new EU regulation, adding that "free assistance must be provided to disabled people in ports".

The new rights for disabled will be restricted, however, "on condition that the carrier or the port operator is notified when the reservation is made or at least 48 hours before boarding". The rules will also apply to cruise passengers.

Negotiations ongoing for buses and coaches

However, the Parliament was unable to complete negotiations with EU member states on a proposed regulation awarding similar rights to passengers travelling by bus or coach.

MEPs have amended the draft text to include the reimbursement of the ticket or rerouting in case of delays in departure of more that two hours, as well as compensation of up to €1,800 for lost or damaged baggage. 

MEPs added there should be no limits to compensation in case a passenger dies in a coach accident.

They also insist on free assistance or compensation if a bus breakdown delays arrival at destination. Free assistance for disabled passengers must also be provided, they say.

Siim Kallas said he hoped the negotiations with member states would be completed soon.  

But a conciliation procedure now appears "likely", the Parliament said, as MEPs want the regulation to apply not only to long-distance but also to regional bus transport, something that EU countries are reluctant to agree to.

Positions: 

Philip Bradbourn, a British MEP from the European Parliament's Conservatives and Reformists group (ECR), said local bus services should not be covered by international passenger rights rules.

"I am in favour of cross-border coaches falling under the same passenger rights rules as other international transport modes, but imposing this upon local services, many of them run by small operators, is ridiculous," he said.

"It will raise costs to small scale operators, many of whom provide a vital service in rural areas, and push up prices. Far from improving service, it will hinder it and push many operators to say that the liabilities no longer make the service viable," added Bradbourn.

Antonio Cancian, an Italian MEP from the centre-right European People's Party (EPP), argued differently, saying the Parliament's amended text was "well-balanced".

Cancian, who is steering the proposal through Parliament, says transport by bus must be considered carefully as an overwhelming majority of active firms are SMEs. "As such, they are small businesses for whom it would be unfair to apply excessively onerous obligations," Cancian said.

But he insisted that it was also "necessary to ask for more responsibility on their part," saying "the other objective is the protection of passengers" and particularly vulnerable groups, for which reduced access to public transport is "no longer acceptable".

Cancian expressed frustration with ongoing negotiations, saying EU countries were asking for unreasonable derogations, such as a 15-year delay in implementing the new rules. He also castigated attempts to exclude national bus services from new rules on disabled person's rights, including "urban, suburban, regional and cross-border services".

"All this seems quite frankly difficult to accept: I do not believe that it would be good to approve a text that enters into force in 15 years and is only applicable to 20% of the bus transport sector. We get the impression, particularly in recent weeks, that maybe the member states do not really want this Regulation," Cancian said.

Next steps: 

Background: 

EU rules on compensation to passengers currently cover travel by air and rail but do not cover other transport modes.

An EU regulation (261/2004) establishing common rules on compensation and assistance to air passengers in the event of denied boarding, cancellation and long delay of flights came into effect in February 2005.

The rules apply to passengers departing from an EU member state airport and to all those arriving from other countries where the flight is operated by a European carrier.

The EU Rail Passengers Regulation (1371/2007) sets common minimum rules that apply throughout Europe, for instance in case of delays or cancellation of trains. It also obliges railway companies to inform passengers of their rights and obligations and to establish complaint boards.

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