Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Subject matter
This Regulation establishes rules for sea and inland waterway transport as regards the following: (a) non-discrimination between passengers with regard to transport conditions offered by carriers; (b) non-discrimination and assistance for disabled persons and persons with reduced mobility; (c) the rights of passengers in cases of cancellation or delay; (d) minimum information to be provided to passengers; (e) the handling of complaints; (f) general rules on enforcement.
Scope
1. This Regulation shall apply in respect of passengers travelling: (a) on passenger services where the port of embarkation is situated in the territory of a Member State; (b) on passenger services where the port of embarkation is situated outside the territory of a Member State and the port of disembarkation is situated in the territory of a Member State, provided that the service is operated by a Union carrier as defined in Article 3(e); (c) on a cruise where the port of embarkation is situated in the territory of a Member State. However, Articles 16(2), 18, 19 and 20(1) and (4) shall not apply to those passengers. 2. This Regulation shall not apply in respect of passengers travelling: (a) on ships certified to carry up to 12 passengers; (b) on ships which have a crew responsible for the operation of the ship composed of not more than three persons or where the distance of the overall passenger service is less than 500 metres, one way; (c) on excursion and sightseeing tours other than cruises; or (d) on ships not propelled by mechanical means as well as original, and individual replicas of, historical passenger ships designed before 1965, built predominantly with the original materials, certified to carry up to 36 passengers. 3. Member States may, for a period of 2 years from 18 December 2012, exempt from the application of this Regulation seagoing ships of less than 300 gross tons operated in domestic transport, provided that the rights of passengers under this Regulation are adequately ensured under national law. 4. Member States may exempt from the application of this Regulation passenger services covered by public service obligations, public service contracts or integrated services provided that the rights of passengers under this Regulation are comparably guaranteed under national law. 5. Without prejudice to Directive 2006/87/EC and to Directive 2009/45/EC, nothing in this Regulation shall be understood as constituting technical requirements imposing obligations on carriers, terminal operators or other entities to modify or replace ships, infrastructure, ports or port terminals.
Definitions
For the purposes of this Regulation, the following definitions shall apply: (a) ‘disabled person’ or ‘person with reduced mobility’ means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or as a result of age, and whose situation needs appropriate attention and adaptation to his particular needs of the service made available to all passengers; (b) ‘territory of a Member State’ means a territory to which the Treaty on the Functioning of the European Union applies as referred to in Article 355 thereof, under the conditions set out therein; (c) ‘access conditions’ means relevant standards, guidelines and information on the accessibility of port terminals and ships including their facilities for disabled persons or persons with reduced mobility; (d) ‘carrier’ means a natural or legal person, other than a tour operator, travel agent or ticket vendor, offering transport by passenger services or cruises to the general public; (e) ‘Union carrier’ means a carrier established within the territory of a Member State or offering transport by passenger services operated to or from the territory of a Member State; (f) ‘passenger service’ means a commercial passenger transport service by sea or inland waterways operated according to a published timetable; (g) ‘integrated services’ means interconnected transport services within a determined geographical area with a single information service, ticketing scheme and timetable; (h) ‘performing carrier’ means a person, other than the carrier, who actually performs the carriage wholly or partially; (i) ‘inland waterway’ means a natural or artificial navigable inland body of water, or system of interconnected bodies of water, used for transport, such as lakes, rivers or canals or any combination of these; (j) ‘port’ means a place or a geographical area made up of such improvement works and facilities as to permit the reception of ships from which passengers regularly embark or disembark; (k) ‘port terminal’ means a terminal, staffed by a carrier or a terminal operator, in a port with facilities, such as check-in, ticket counters or lounges, and staff for the embarkation or disembarkation of passengers travelling on passenger services or on a cruise; (l) ‘ship’ means a vessel used for navigation at sea or on inland waterways; (m) ‘transport contract’ means a contract of carriage between a carrier and a passenger for the provision of one or more passenger services or cruises; (n) ‘ticket’ means a valid document or other evidence of a transport contract; (o) ‘ticket vendor’ means any retailer concluding transport contracts on behalf of a carrier; (p) ‘travel agent’ means any retailer acting on behalf of a passenger or a tour operator for the conclusion of transport contracts; (q) ‘tour operator’ means an organiser or retailer, other than a carrier, within the meaning of Article 2(2) and (3) of Directive 90/314/EEC; (r) ‘reservation’ means a booking of a specific departure of a passenger service or a cruise; (s) ‘terminal operator’ means a private or public body in the territory of a Member State responsible for the administration and management of a port terminal; (t) ‘cruise’ means a transport service by sea or inland waterway, operated exclusively for the purpose of pleasure or recreation, supplemented by accommodation and other facilities, exceeding two overnight stays on board; (u) ‘shipping incident’ means shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship.
Tickets and non-discriminatory contract conditions
1. Carriers shall issue a ticket to the passenger, unless under national law other documents give entitlement to transport. A ticket may be issued in an electronic format. 2. Without prejudice to social tariffs, the contract conditions and tariffs applied by carriers or ticket vendors shall be offered to the general public without any direct or indirect discrimination based on the nationality of the final customer or on the place of establishment of carriers or ticket vendors within the Union.
Other performing parties
1. Where the performance of the obligations under this Regulation has been entrusted to a performing carrier, ticket vendor or any other person, the carrier, travel agent, tour operator or terminal operator who has entrusted such obligations shall nevertheless be liable for the acts and omissions of that performing party, acting within that party's scope of employment. 2. In addition to paragraph 1, the party to whom the performance of an obligation has been entrusted by the carrier, travel agent, tour operator or terminal operator shall be subject to the provisions of this Regulation, including provisions on liabilities and defences, with regard to the obligation entrusted.
Exclusion of waiver
Rights and obligations pursuant to this Regulation shall not be waived or limited, in particular by a derogation or restrictive clause in the transport contract.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.