Brussels, 31/01/2011 (Agence Europe) - On Monday 31 January, the Council of Ministers of the EU adopted (Ireland abstained and Germany voted against) the regulation on bus and coach passenger rights, which is applicable to all regular services of this kind when the distance travelled is more than 250 km. Adoption of the regulation came about after a compromise was reached at the beginning of December between the Council and the European Parliament (EUROPE 10268 and 10264).
The regulation sets minimum compensation levels for passengers in the event of accidents (€220,000 per passenger) but does not introduce any harmonisation, as initially planned, for liability rules for transport operators. Liability will remain within the scope of national legislation. The Parliament is expected to give its opinion on the regulation on 15 February. The draft will apply two years after its publication in the EU Official Journal.
The regulation was proposed by the European Commission in December 2008 and aims to enhance bus and coach passenger rights and align them on legislation already adopted for other modes of transport. The regulation introduces legislation on compensation and assistance in accidents, as well as nondiscrimination and assistance to persons with disabilities or reduced mobility, rights regarding cancelled or delayed journeys, passenger information and complaints procedures.
Scope. The regulation will apply to all regular bus and coach transport services for journeys that are longer than 250 km. Passengers who only travel a part of this distance are also covered. In compliance with the compromise reached, certain basic rights will have to be guaranteed for all regular services, irrespective of the length of the journey. Therefore, these basic rights guarantee access to persons with disabilities or reduced mobility, nondiscrimination and tackling complaints, compensation in the event of loss or deterioration of equipment used for facilitating mobility, passenger information rights and implementation of a mechanism for tackling complaints. Regular national services, as well as certain regular liaison services with non-EU countries will be able to benefit from an exemption for a maximum of eight years (a four-year extension can be renewed on one occasion only). National services will have to respect the application of basic rights. Occasional services are subject to the rules on compensation and assistance in the event of accidents and compensation for the loss of or damage to mobility equipment, but not to other provisions.
Compensation. Compensation in the event of accidents, the death or injury of passengers, as well as for loss or damage to their luggage should receive financial compensation under national law that cannot be lower than the minimum amounts set in the regulation: €220,000 per passenger and €1,200 per item of luggage. Damage to “assistive devices” such as wheelchairs has to be compensated entirely. Moreover, assistance is to be provided to cover passengers' immediate practical needs after an accident, including clothes, transport, the facilitation of first aid and accommodation. The issue of liability, namely, who is responsible for paying the compensation, will be governed by national law.
Delays or cancellations. Passengers should have the choice of continuing the journey, being redirected or reimbursed for the ticket if a journey is cancelled, delayed by more than two hours or is overbooked. If this is not forthcoming, the passenger will have the right to compensation (in addition to reimbursement for the ticket), which is equivalent to half the price of the ticket purchased.
The transport operator will also have to provide passengers with assistance (light refreshments/meal, drinks or accommodation if necessary) when the delay is more than 90 minutes or if the journey has been cancelled. This right is, however, limited to journeys of more than three hours and reimbursement of accommodation costs (including that accounted for in the event of an accident) is limited to €80 per night per passenger for a maximum of two nights. Accommodation does not have to be provided if the delay or cancellation is due to weather conditions or major natural disasters. No matter how long the delay, passengers must be informed about the situation by 30 minutes after the planned departure time at the latest, at their request and whenever possible, electronically (text message, for example). In the event of a vehicle breakdown during the journey, the transport operator must ensure that the service is continued in another vehicle or that the transport to another appropriate waiting point is ensured. Passengers with an “open” ticket will not benefit from this right. Passengers with reduced mobility will benefit from free assistance, on the condition that they inform the transport operator of their requirements at least 36 hours before departure. (A.By./transl.fl)