Consumer Rights Re Transport

Bus and coach passengers’ rights

Passengers, including those with a disability or reduced mobility, travelling by bus and coach enjoy the same rights wherever they travel in the European Union (EU). These rights, including the right to information or compensation in the case of delay or cancellation, complement similar rights for sea and inland waterway, air and rail passengers.

Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004

The regulation sets down rules for bus and coach transport regarding regular services* for passengers travelling within the EU for distances of 250 kms or more. Some of its provisions apply to all services, including those of a shorter distance.

KEY POINTS

In respect of long-distance services, i.e. of more than 250 kms, the regulation provides:

in situations of cancellation or following a delay of more than 90 minutes in the case of a journey of more than 3 hours, for adequate assistance e.g. snacks, meals and up to 2 nights’ hotel. accommodation;
guarantee of reimbursement or rerouting in situations of overbooking or cancellation or following a delay of more than 120 minutes from the estimated time of departure;
compensation of 50 % of the ticket price following more than 120 minutes’ delay from the estimated time of departure, cancellation of a journey and if the carrier fails to offer the passenger either rerouting or reimbursement;
information when the service is cancelled or delayed in departure;
protection of passengers in case of injury, loss or damage caused by road accidents and/or compensation in case of death;
specific assistance free of charge for disabled persons and persons with reduced mobility both at terminals and on board and, where necessary, transport free of charge for accompanying people.

Additionally, for distances of less than 250 kms, the regulation provides for:

non-discrimination based on nationality with respect to prices and contract conditions for passengers;
non-discriminatory treatment of disabled persons and persons with reduced mobility and financial compensation for loss or damage of their mobility equipment in case of accident;
minimum rules on travel information for all passengers before and during their journey and general information about their rights in terminals and online;
a complaint handling mechanism established by carriers and available to all passengers;
independent national bodies in each EU country with the mandate to enforce the regulation and, where appropriate, to impose penalties.

The regulation provides for the option of exemptionsfor domestic regular services and for regular services where a significant part is operated outside the EU.

REFERENCES

No 181/2011

Rail passenger rights

Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations aims at establishing rights and obligations for rail passengers in order to protect them particularly when travel is disrupted, and to improve the efficiency and attractiveness of rail passenger services.

Scope

The regulation concerns all rail journeys and services provided under licence by one or more rail undertakings under Directive 2012/34/EU (see summary on A single railway network for Europe).
It does not apply to journeys and services carried out on non-EU countries’ territory.
An EU country can opt to grant an exemption from most articles of the regulation to domestic rail passenger services for a maximum period of 5 years, which may be renewed twice. It may also exempt urban, suburban and regional rail passenger services from this regulation.

Passengers’ rights

Rail passengers have the following basic rights:

Transport contract and information

Passengers should be given clear and accessible information:

before the journey, in particular concerning the relevant conditions applicable to the contract, timetables and the fares applied;
during the journey, in particular concerning any delays or interruptions to services;
concerning procedures for the submission of complaints;
The information provided to persons with disabilities and persons with reduced mobility shall be in an accessible format.

Delays and cancellations

In the case of a delay of more than 60 minutes in the arrival at final destination, passengers have the right to:

the reimbursement of the full cost of the ticket for the part of the journey not made; or
continuation or re-routing under comparable transport conditions at the earliest opportunity or at a later date at the passengers’ convenience.
If passengers do not opt for reimbursement but for continuation of the journey, they may claim a minimum compensation equivalent to:

25% of the ticket price for a delay of 60 to 119 minutes;
50% of the ticket price for a delay of 120 minutes or more.
In the case of a delay in arrival or departure of more than 60 minutes, passengers have the right to:

receive information on the situation and the estimated departure and arrival time;
meals and refreshments within reasonable limits;
accommodation where a stay of one or more nights becomes necessary;
transport to the railway station or to the alternative departure point or to the final destination if the train is blocked on the track.

Persons with disability and reduced mobility

The EU rail passenger rights legislation will ensure that persons with disability and reduced mobility can travel in a way that is comparable to other citizens. Thus, the regulation gives them the following rights:

the right to non-discriminatory access to transport at no additional charge;
upon request, to be provided with information concerning the accessibility of rail services and stations;
an assistance free of charge on board trains and at staffed stations (passengers are requested to give 48 hours’ notice of their assistance needs before departure);
the right to compensation if the rail undertaking is responsible for the loss or damage of their mobility equipment.

Security, complaints and service quality

Passengers’ personal security is ensured in trains and stations in cooperation with the public authorities.
An effective complaints handling mechanism has to be put in place. Passengers may complain to any rail undertaking involved.
The minimum service quality standards for rail undertakings include:
passenger information and tickets;
punctuality of service and general principles to cope with disruptions;
cancellation of services;
cleanliness of rolling stock and station facilities;
customer satisfaction surveys;
complaint handling, refunds and compensation for non-compliance with service quality standards;
assistance provided to disabled persons and persons with reduced mobility.

Enforcement by EU countries

EU countries must designate an independent body or bodies in charge of the enforcement of the regulation. Passengers can submit a complaint to any of these bodies if they feel that their rights have not been respected.

DOCUMENTS

Commission Notice Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19
Commission Recommendation (EU) 2020/648 of 13 May 2020 on vouchers offered to passengers and travellers as an alternative to reimbursement for cancelled package travel and transport services in the context of the COVID-19 pandemic
Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, pp 14-41)

Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) (OJ L 343, 14.12.2012, pp. 32-77)

Successive amendments to Directive 2012/34/EU have been incorporated into the original document. This consolidated version is of documentary value only.

Communication from the Commission — Interpretative Guidelines on Regulation (EC) No 1371/2007 of the European Parliament and of the Council on rail passengers’ rights and obligations (OJ C 220, 4.7.2015, pp. 1-10)

Report from the Commission to the European Parliament and the Council on Exemptions granted by Member States under Regulation (EC) 1371/2007 on rail passengers’ rights and obligations (COM(2015) 117 final, 11.3.2015)

Rights of passengers travelling by sea and inland waterways

Passengers, including those with a disability or reduced mobility, travelling by sea and by inland waterways enjoy the same rights wherever they travel in the European Union (EU). These rights, including the right to information or compensation in the case of delay or cancellation, complement similar rights for air, rail, bus and coach passengers.

Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004

It sets out the rights of all passengers, including the disabled and persons with reduced mobility, travelling by sea or inland waterway within the EU.

KEY POINTS

These rights apply to passengers travelling in the EU on large ferries and cruise ships on sea, rivers, lakes or canals.

They include:

reimbursement or rerouting in situations of cancellation or of delay at departure of more than 90 minutes;
adequate assistance e.g. meals, refreshments and, where necessary, accommodation for up to 3 nights in situations of cancellation or delay at departure of more than 90 minutes;
compensation of between 25 % and 50 % of the ticket price in situations of delay in arrival or cancellation of journeys;
non-discriminatory treatment and specific assistance free of charge for disabled persons and persons with reduced mobility both at port terminals and on board ships, as well as financial compensation for loss or damage of their mobility equipment;
adequate information on travel arrangements for all passengers before and during their journey, as well as general information about their rights in terminals and on board ships;
establishment of a complaint-handling mechanism by carriers and terminal operators;
establishment of independent national bodies to enforce the rights guaranteed under the regulation, including, where appropriate, the application of penalties.

Since 31 December 2012, Regulation (EC) No 392/2009 on the liability of carriers of passenger by sea also covers passengers in case of loss of damage resulting from an accident.

REFERENCES

Regulation (EU) No 1177/2010

Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (OJ L 131, 28.5.2009, pp. 24-46)