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Image header Agence Europe
Europe Daily Bulletin No. 10759
Contents Publication in full By article 11 / 20
SECTORAL POLICIES / (ae) transport

Compensation or reimbursement for sea travellers

Brussels, 08/01/2013 (Agence Europe) - As 2013 gets under way, people travelling by sea will be able to enjoy better protection of their rights. They are now covered by two European legislative provisions that took effect end December 2012, and which provide for compensation to be paid in the event of maritime accidents, delay or cancellations. Such provisions would have proven significant just one year ago when the Costa Concordia cruise ship ran aground off the Italian coast in January 2012.

The first regulation (EC 392/2009) ensures that passengers may receive financial compensation from a European carrier in the event of death or personal injury suffered during a voyage by sea to or from a European port. Compensation for lost or damaged luggage is also included. The provisions only apply if the circumstances are not deemed exceptional (i.e. not due to an act of war, natural disaster or act of a third party). If it can be proved that the carrier has committed a fault or been negligent, then compensation can climb to €472,000 in the event of death or personal injury (calculated on the basis of 2012 special drawing rights). Compensation for lost or damaged luggage may amount to €2,655.

The second regulation (EC 1177/2010) relates to travel by sea and by inland waterways for European carriers, and for travel when the vessel anchors in an EU member state. Passengers will now have the right to be informed of delays of over 30 minutes. In case of delay of more than 90 minutes or cancellation of a passenger service or cruise, passengers shall be offered snacks, meals or refreshments free of charge. Where the delay or cancellation of a departure necessitates one or more additional nights of stay for the passenger, then adequate accommodation must be arranged free of charge, unless the delay is due to adverse climatic conditions. In both cases, passengers may choose to be re-routed to their final destination at the earliest opportunity, or have the ticket price reimbursed. If there is delay in arrival at the final destination, the ticket may also be reimbursed on a pro-rata basis (length of delay in proportion to travel time). (MD/transl.jl)