Guidance

Overview (guidance note 0)

Updated 26 January 2021

Introduction

These guidance notices are intended to provide general information on those provisions within Regulation (EU) 1177/2010 concerning the rights of passengers when travelling by sea and inland waterways (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018). This regulation provides rights to passengers when travelling by sea and inland waterway that relate to the obligations of carriers (i.e. cruise and ferry operators) and port terminal operators.

The guidance notes are not intended as an article by article interpretation of the regulation; they are, however, intended to provide an overview of the key provisions to assist passengers in understanding their rights and to provide details of where passengers can obtain further information and assistance.

Where a guidance note has an annex, the annex provides a summary of the key articles of the regulation, relevant to that guidance note. This approach should enable readers to place the guidance into context.

What is the purpose of the regulation?

The regulation establishes the right of ferry and cruise passengers to assistance in cases of cancelled or delayed departures and lays down the right, in certain circumstances, to compensation in case of delay in arrival.

The regulation also aims to provide disabled persons and persons with reduced mobility with the same opportunities to travel by ferry and cruise ship as they have in other transport sectors.

It is important to note that the conditions laid down in the regulation are the legal minimum. Nothing in the regulation prevents carriers and port terminal operators from offering more favourable conditions as part of their commitment to customer care.

When does the regulation apply?

The regulation applies to passengers travelling on a ferry departing from, or arriving in, the UK or who have booked and paid for such a journey. The regulation also applies to passengers travelling or booked on a cruise ship departing from the UK. The regulation will apply to almost all international voyages and to many domestic ferry services that operate in the UK.

A summary of the full scope of the regulation is outlined in Annex A.

What are the definitions of a ‘ferry’ and a ‘cruise’ for the regulation?

The regulation uses the term ‘passenger service’ – which it defines as ‘a commercial passenger transport service by sea or inland waterways operated according to a published timetable’ – to denote a ferry. For ease of understanding, this guidance refers simply to ‘ferries’.

The word should be read as encompassing any service – including those involving an overnight voyage that might be marketed as a mini-cruise – that falls within the definition above and is not a cruise.

A ‘cruise’ means a transport service by sea or inland waterway, operated exclusively for the purpose of pleasure or recreation, supplemented by accommodation and other facilities, exceeding two overnight stays on board.

What are the definitions of a ‘disabled person’ or ‘person with reduced mobility’ for the regulation?

For the purposes of this regulation, a ‘disabled person’ or ‘person with reduced mobility’ is defined as ‘any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or as a result of age, and whose situation needs appropriate attention and adaptation to his particular needs of the service made available to all passengers’.

This is different from the definition of ‘disability’ in the Equality Act 2010.

To whom does the regulation apply?

The regulation gives rights to passengers (and, in the context of disability, to would-be passengers) but does not give rights to other people onboard a ship, such as crew or contractors.

Whether or not a passenger has particular rights under the regulation will partly depend on whether or not they have a transport contract with the carrier. This is not to be confused with a ticket or boarding card. While a ticket or boarding card is usually evidence that a transport contract exists, it is not considered sufficient evidence to demonstrate that the holder of the ticket or boarding card and the holder of the transport contract are the same person.

Most passengers are entitled to receive some form of assistance in the event of cancelled or delayed departures; however, only those passengers who hold a transport contract with the carrier are entitled, in the right circumstances, to be re-routed, refunded or compensated.

A passenger travelling by a bus or coach that is being transported by a ferry will normally have a transport contract with the bus or coach company, rather than the ferry company, and therefore is not entitled to be re-routed, refunded or compensated on an individual basis.

A passenger travelling on an integrated rail and ferry ticket is considered to have a transport contract with both the rail operator and the carrier, and is therefore entitled to be re-routed, refunded or compensated.

A passenger can expect any refund to be for the full cost of the ticket in accordance with the relevant section of this document. Details of how to access these entitlements should be available in the carrier’s terms and conditions.

Road haulage companies (and owners/operators of other commercial, utility and agricultural vehicles) have no rights under the regulation.

However, the drivers of lorries, vans and similar vehicles (and any companions travelling with them) are entitled as individuals to assistance in the event of cancelled or delayed departures in the same way as other passengers who are delayed.

The regulation gives no rights to passengers who miss their sailing because they arrive late at the check-in, regardless of the reason for their delay.

The regulation does not affect the existing rights of passengers on cruises that may be regulated as a package holiday under the Package Travel, Package Holidays and Package Tours Regulations 1992 (PTRs). It is important to note that the definition of ‘cruise’ in the regulation is more restricted than the definition of ‘cruise’ in the PTRs.

The regulation does not apply to cases where a package holiday is cancelled for reasons other than cancellation of the ferry service. Such other cases may be dealt with under the PTRs.

Does the regulation replace the need to have travel insurance?

No. Passengers travelling outside the UK are encouraged to take out robust and effective travel insurance to cover the risks relevant to their itinerary.

Do I have to check in to access my rights?

Not necessarily; it will depend on the circumstances and the type of ticket.

Passengers’ rights in respect of disability and reduced mobility apply at all stages of their dealings with a ferry or cruise operator (before, during and after travel) and while present in ports with staffed terminals.

Certain other rights – such as the entitlement to snacks, meals and refreshments in the event of a delayed or cancelled departure – apply only at port terminals, and passengers will need to be at the terminal to access them.

Passengers who have a paid-for booking for a particular sailing will need to have presented themselves (or be presented if travelling by bus or coach) for check-in in accordance with their booking. Passengers travelling on an open ticket will need to have checked in for a sailing to access their rights.

On the other hand, passengers’ right to be informed about a lengthy delay or a cancellation begins as soon as they have made a booking and paid for it. A passenger does not therefore need to travel to the port in order to have their ticket refunded or to be re-routed if the sailing on which they were booked is delayed or cancelled.

Compensation for a delay in arriving at their destination is only payable to a passenger who has actually undertaken the journey covered in the transport contract.

Annex A

Scope (Article 2)

The regulation applies in respect of passengers travelling:

• on ferry services where the point of embarkation is situated in the UK
• on ferry services where the port of embarkation is situated outside the UK and the port of disembarkation is situated in the territory of the UK
• on a cruise where the port of embarkation is situated in the territory of the UK

The regulation does not apply in respect of passengers travelling:

• on ships certified to carry up to 12 passengers
• on ships that have a crew responsible for the operation of the ship (usually reflected in the vessel’s safe manning certificate) composed of not more than three persons or where the distance of the overall ferry service is less than 500m one way
• on excursion and sightseeing tours other than cruises
• on ships not propelled by mechanical means, as well as original and individual replicas of, historical passenger ships designed before 1965, built predominantly with the original materials, certified to carry up to 36 passengers

Exemptions from the application of this regulation for ferry services are covered by public service obligations, public service contracts or integrated services, provided that the rights of passengers under this regulation are comparably guaranteed under legislation.

Nothing in this regulation shall be understood as constituting technical requirements imposing obligations on carriers, terminal operators or other entities to modify or replace ships, infrastructure, ports or port terminals.