The relationship between the passenger care and compensation regimes in Maritime passenger rights under Regulation (EU) 1177/2010 and in other legislation (guidance note 3)
Updated 26 January 2021
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Introduction
Generally, the Maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018) gives passengers rights that are in addition to their existing statutory rights. In most cases, it covers aspects of passenger travel that are outside the scope of other compensation regimes, but there are some points of overlap between regimes.
This guidance is intended to guide passengers to the regime that relates to their journey or holiday and, where two or more regimes overlap, to help passengers identify the most appropriate one.
Which regime applies?
| Type of journey/holiday | Compensation for late arrival at destination | Refund or re-routing in the event of cancelled or badly delayed sailing | Refreshment, meals and accommodation for stranded passengers |
|---|---|---|---|
| Cruises | The Package Travel, Package Holidays and Package Tours Regulations 1992 (depending on the circumstances[footnote 1]) | The Package Travel Regulations 1992 | Maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018) |
| Ferry (travel only) | Maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018) | Maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018) | Maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018) |
| Ferry (as part of a package) | Package Travel Regulations 1992 (depending on the circumstances) or Maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018) | Maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018) | Maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018) |
| Ferry (not part of package with connecting service) | Maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018) | Maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018) | Maritime passenger rights under Regulation (EU) 1177/2010 (incorporated into domestic UK law by section 3 of the European Union (Withdrawal) Act 2018) |
The Package Travel, Package Holidays and Package Tours Regulations 1992 is designed to protect consumers who purchase package travel in the UK. This is where a tour operator provides a combination of at least 2 out of the 3 services of either:
- transport
- accommodation
- tourist services
for one price.
It contains rules concerning the liability of package organisers and retailers, who must accept responsibility for the performance of the services offered. There are some exceptions, for example, cases of ‘force majeure’ or similar circumstances which could be neither foreseen nor overcome.
Where both regulations apply, passengers can choose whether to pursue a claim under either the Merchant Shipping (Passengers’ Rights) (Amendment etc.) (EU Exit) Regulations 2019 or the Package Travel, Package Holidays and Package Tours Regulations 1992, but not both.
Connecting services and multi-modal travel
If a ferry passenger misses a connecting transport service due to a cancellation or delay of a sailing, reasonable efforts will have to be made by the ferry operator to inform those passengers concerned of alternative connections. This, however, does not apply to cruise passengers as their protection in cases of disruption to travel arrangements forming part of a package is set out in the UK by the Package Travel Regulations 1992.
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 by the ferry company 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.
Annex A
Supply of Goods and Services Act 1982
The Supply of Goods and Services Act 1982 sets out the general duties and responsibilities of a person providing a service. For example, a traveller is entitled to expect that the holiday organiser provides the service with reasonable care and skill. This does not impact on the provisions of the regulation.
Unfair Terms in Consumer Contracts Regulations 1999
The Unfair Terms in Consumer Contracts Regulations 1999 allow passengers to challenge standard contractual terms (i.e. terms which have not been individually negotiated) that may be:
- unfair or unreasonable
- unfairly weighted against them
- ambiguous
Terms relating to the definition of the main subject matter of the contract or the adequacy of the price cannot be challenged for unfairness, provided those terms are written in clear, understandable language. The Office of Fair Trading has issued guidance on unfair terms.
Consumer Protection from Unfair Trading Regulations 2008
The Consumer Protection from Unfair Trading Regulations 2008 deal with the commercial practices of traders and create offences of misleading actions, misleading omissions and aggressive commercial practices.
Consumer Protection (Distance Selling) Regulations 2000
The Consumer Protection (Distance Selling) Regulations 2000 govern the rules on sales made at a distance between business and consumers, such as internet sales and phone bookings.
However, the information and cooling-off provisions do not apply to contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.
The purchase of a travel insurance policy by the passenger may provide additional protection and assistance. Whether a passenger is entitled to claim in addition under any insurance policy would be subject to the terms and conditions of the insurance policy and would not appear to relieve the transport provider or the package organiser from their obligations under the respective regimes.
There is nothing in the Maritime Regulations nor the Package Travel Regulations which suggests that a payout under the passenger’s insurance policy relieves the respective traders of their obligations and they should not therefore seek to avoid their responsibilities for this reason, say, in their terms and conditions.
Consumer Credit Act 1974
Section 75 of the Consumer Credit Act 1974 makes a credit company jointly and severally liable for the provision of services that cost more than £100 where those services are paid for by credit provided by that credit company.
This includes where a UK credit card is used to finance all or part of the purchase – irrespective of where the transaction took place (and whether the supplier is based overseas). Consumers can therefore look to the credit card company for recompense where there is a breach of contact.
Equality Act 2010
Whilst the provisions of the Equality Act do not currently apply on board a vessel, the provisions do apply to port and all land-based services. Therefore, operators and passengers should be aware of the Equality Act provisions in this respect.
Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2019
The Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2019 on the rights of bus and coach passengers aims to make bus and coach transport more attractive to all passengers, including disabled people and people with reduced mobility.
The regulation, which mainly applies to journeys over 155 miles (250km), lays out the responsibilities of operators and terminal owners in the case of delays, cancellations, accidents and other issues affecting passengers, including disabled passengers and passengers with reduced mobility.
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The regulation does not provide for compensation directly. Late arrival will normally be a breach of contract. The directive imposes liability for that breach on the organiser, including where the late arrival is the fault of another supplier. The directive does not provide a right to compensation where a contract is not properly performed for reasons of ‘force majeure’ or where the consumer is at fault. ↩