Guidance

Passengers’ – key facts (guidance note 7)

Updated 26 January 2021

Introduction

This guidance is intended to provide the passenger with some of the key facts under the maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018).

Further guidance notes are also available.

Scope of the regulation

The rights apply to passengers travelling on passenger services (eg ferries) that operate, to, from or within the UK. The rights also apply to passengers travelling on cruises where the passenger’s initial point of joining the cruise is within the UK.

However, there are certain circumstances where the regulation does not apply. A list of these exemptions can be found in guidance note 0.

Key rights on cancellations and delays

Information

Where a passenger service (ferry) or cruise operator expects a departure to be cancelled or delayed, the operator should inform the passenger as soon as possible but no later than 30 minutes after the scheduled time of departure.

Assistance

Where a passenger service (eg ferry) or cruise is expected to be cancelled or delayed for more than 90 minutes beyond its scheduled departure time, passengers should be provided with free snacks, meals and refreshments in relation to the waiting time. This is provided that the refreshments can reasonably be supplied. See guidance note 6 for further information.

A ferry passenger (not cruise passenger) should also be offered a choice between:

• an alternative sailing at the earliest opportunity and at no additional cost
• re-imbursement of the ticket price within 7 days

Accommodation

Where a sailing is cancelled or delayed and an overnight stay becomes necessary, the ferry or cruise operator should offer the passenger free of charge accommodation, where this is possible.

Compensation

The passenger is entitled to a minimum level of compensation of 25% of the ticket price, for that part of the affected journey, if their passenger service is delayed for at least:

• (a) 1 hour for a journey of duration 4 hours
• (b) 2 hours for a journey of duration between 4 and 8 hours
• (c) 3 hours for a journey of duration between 8 and 24 hours
• (d) 6 hours for a journey of duration of over 24 hours

If the delay exceeds double the time set out, the compensation shall be 50% of the ticket price.

The ferry or cruise operator must pay compensation within 1 month of the submission of a substantiated claim for compensation. See guidance note 6 for further information.

Key rights for disabled passengers or passengers with reduced mobility

Right to transport

A passenger should not be refused the right to travel on the grounds of disability, unless:

• restrictions are imposed for safety reasons
• the design of the vessel or terminal makes it impossible for the passenger to board or disembark the vessel, or for the passenger to be carried safely

See guidance note 5 for further information.

Assistance

Assistance should be provided free of charge to disabled passengers or passengers with reduced mobility.

Where assistance is required, the passenger will need to:

• arrive at an agreed time at a designated point
• notify the passenger service (ferry) or cruise operator of their assistance needs at least 48 hours before the assistance is required

If less than 48 hours notice is provided by a passenger, the ferry or cruise operator must still make all reasonable effort to provide assistance. See guidance note 2 and guidance note 5 for further information.

If a passenger is accompanied by an assistance dog, the dog will be allowed to accompany the passenger on board the vessel. See guidance note 4 for further information.

The passenger will also not be charged for taking onto the ship any medical or mobility equipment that is reasonably necessary for their needs during the voyage.

Complaints

A passenger should make their complaint initially to the ferry or cruise operator responsible for the service within 2 months from the date the disruption was experienced.

The ferry or cruise operator must then respond to the passenger within 1 month from receiving the complaint, explaining whether the complaint has been accepted, rejected or is still being considered.

The passenger should receive a final reply no later than 2 months after receipt of the complaint.

Contact details

The carrier or operator will refer complaints to the relevant voluntary complaint-handling body in cases where it has not been possible to resolve the complaint with the complainant. Also, if the passenger is unsatisfied with the response from an operator, they may wish to contact the relevant voluntary complaint-handling bodies.

For England and Wales cruise passengers (excluding services operated, contracted and/or licensed by Transport for London)

CLIA UK and Ireland
First Floor
41/42 Eastcastle Street
London
W1W 8DU

E-mail: passengerrights@cruising.org

Website: www.cruiseexperts.org/clia

Telephone: 020 7323 7466

Fax: 0207 636 9206

For England and Wales ferry passengers (excluding services operated, contracted and/or licensed by Transport for London)

ABTA Ltd
31 Park Street
London
SE1 9EQ

Email: consumer.affairs@abta.co.uk

Website: www.abta.com

Telephone: 0203 117 0599

For services operated, contracted and/or licensed by Transport for London

London Travel Watch
Dexter House
2 Royal Mint Court
London
EC3N 4QN

Email: enquiries@londontravelwatch.org.uk

Website: www.londontravelwatch.org.uk

For Scotland

Transport for Scotland (Scottish Government)

Email: MPRAppeals@transport.gov.scot Website: www.transportscotland.gov.uk

For Northern Ireland –

Consumer Council for Northern Ireland
Elizabeth House
116 Holywood Road
Belfast
BT4 1NY

Email: complaints@consumercouncil.org.uk

Website: www.consumercouncil.org.uk

Telephone: 0800 121 6022

Text phone: 028 9067 2488

Fax: 028 9065 7701