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Regulation (EU) No. 1177/2010 concerning the rights of
passengers when travelling by sea and inland waterways
Guidance Note No 6
Chapter III - Obligations of carriers and terminal operators in
the event of interrupted travel
1. This guidance note is intended to provide general information on those
provisions within EU Regulation 1177/2010 (“the EU Regulation”) concerning the
rights of passengers when travelling by sea and inland waterway that relate to the
obligations of carriers (i.e. cruise and ferry service operators) and port terminal
operators in the event of interrupted travel.
Information in the event of cancelled or delayed departures
2. In the case of a cancellation or a delay in departure of a ferry or cruise
service, passengers departing from staffed terminals will be informed by the carrier,
or where appropriate, by the terminal operator, of the situation as soon as possible
and in any event no later than 30 minutes after the scheduled departure time, and of
the estimated departure time and estimated arrival time as soon as that information is
available.
3. If passengers miss a connecting transport service due to a cancellation or
delay, the carrier and, where appropriate, the terminal operator will make reasonable
effort to inform the passengers concerned of alternative connections. The carrier or
terminal operator will provide this information in accessible formats for all
passengers.
4. If it is possible, passengers due to board a ferry at an unstaffed slipway or
quay will similarly be informed of a cancellation or delay.
Assistance in the event of cancelled or delayed departures
5. At staffed terminals, where a carrier reasonably expects the departure of a
ferry sailing or cruise ship to be cancelled or delayed for more than 90 minutes
beyond its scheduled time of departure, passengers will be offered free of charge,
snacks, meals or refreshments in reasonable relation to the waiting time, provided
they are available or can reasonably be supplied.
6. The Department for Transport takes the view that it is reasonable to expect a
carrier to provide snacks, meals or refreshments where they are available or can
reasonably be supplied, or if the carrier so decides to an equivalent monetary sum,
as set out in the table below:
1 Waiting time Snacks, meals or refreshments
90 minutes or more and
every 90 minutes thereafter
light refreshment such as a bottle
of water or a cup of tea.
4 hours or more a snack or light meal such as a
sandwich or a bowl of soup.
8 hours or more a hot meal.
Every 4 hours thereafter as above; a snack or a meal
should be provided.
7. Please note that the examples in the table above are for illustrative purposes.
8. The availability of snacks, meals or refreshments may differ depending on a
number of factors, such as the facilities in the port terminal or onboard the ship, the
time of day and the proximity of the terminal to local amenities.
9. Where possible, when offering meals or refreshments, a carrier or terminal
operator should try and cater for passengers with declared special dietary needs.
10. The EU Regulation does not require snacks, meals or refreshments to be
provided to passengers with open tickets unless they have been checked-in or to
passengers who were advised of the delay or cancellation before purchasing a ticket.
However, passengers with season tickets or travel passes are entitled to this
provision1
.
11. In the case of a cancellation or a delay in departure where a stay of one or
more nights or a stay additional to that intended by the passenger becomes
necessary (because, for example, no alternative routes are available) a passenger at
a staffed terminal will, where and when physically possible, be offered free of charge
accommodation on board the ship, or ashore, and transport to and from the port
terminal and place of accommodation. However, no overnight accommodation costs
are payable where the cancellation or delay is caused by weather conditions
endangering the safe operation of the ship. The safety of the ship is ultimately a
matter for the Master and his word is final.
12. The carrier is under a duty to organise such overnight accommodation but
could invite passengers who wish to do so to make their own arrangements and offer
to reimburse expenses they incur. In either case, the carrier may limit
accommodation costs to €802
per night per passenger for a maximum of three nights.
Costs incurred by a passenger for overnight accommodation should either be paid by
the carrier directly to the accommodation provider or be refunded to the passenger
on submission of receipts.
13. The availability of accommodation will differ depending on a large number of
factors including the type of ship, the location of the port terminal, the proximity of the
1
Under Article 20(1)
2
The total cost of accommodation ashore should be paid in £ sterling using the applicable
exchange rate which can be located at www.xe.com
2 terminal to local facilities, the time of year, the length of the delay and the number of
passengers delayed.
14. Accommodation may be provided either ashore or on board the vessel. In
broad terms, it should enable the passenger to rest and to have easy access to toilet
and wash facilities. In a number of circumstances it may be appropriate for the
passenger to go home and return to the port terminal at a later time. In such
circumstances the carrier should pay any associated transport costs e.g. petrol.
15. There is no obligation on the carrier to offer snacks, meals, refreshments or
overnight accommodation at unstaffed slipways or quay – and, in practice, catering
and accommodation facilities at (or near) such locations are usually extremely
limited.
Re-routing and reimbursement in the event of cancelled or delayed departures
for ferry passengers
16. Where a carrier reasonably expects a ferry service to be cancelled or delayed
in departure from a port terminal for more than 90 minutes, the passenger should be
offered the choice between:
(a) re-routing to the final destination, under comparable conditions, as set out in the
transport contract, at the earliest opportunity and at no additional cost;
(b) refund of the ticket price and, where relevant, a return service free of charge to
the first point of departure, as set out in the transport contract, at the earliest
opportunity.
17. A passenger is not obliged to be re-routed or refunded if offered the
opportunity, but a passenger who declines an offer to be re-routed in accordance
with (a) above and chooses instead to wait at the terminal will be liable for any costs
they then incur.
18. Where a ferry service has been delayed for more than 90 minutes at an
unstaffed slipway, passengers are similarly entitled to be re-routed or refunded. In
practice, however, there may be no personnel from the carrier on site, so the
passenger will need to contact the carrier to arrange any such re-routing (if possible)
or to seek a refund.
19. A passenger is entitled to a refund based on the full cost of the ticket at the
price at which it was purchased, for the part or parts of the journey not made, and for
the part or parts already made where the journey no longer serves any purpose in
relation to the passenger’s original travel plan, for example a missed connection
makes the journey meaningless and the passenger decides to return to the point of
departure. If the ticket does not include a price for each part of the journey (for
example a travel pass or a season ticket), the refund should be calculated on a prorated basis. A passenger travelling on an integrated rail and ferry ticket is also
entitled to be refunded on this basis.
20. The payment of any refund must be made within 7 days, in cash, by
electronic bank transfer, bank order or bank cheque. The refund is likely to be made
in the same format as the original payment. Where the passenger agrees, the full
refund may also be paid in the form of vouchers and/or other services in an amount
equivalent to the price for which the ticket was purchased, provided that the
conditions are flexible, particularly regarding the period of validity and the destination.
3 21. A passenger with an open ticket where the time of departure is not specified
may not be entitled to be re-routed or refunded but this may be dependent upon the
terms and conditions of the carrier.
22. Cruise passengers have rights under the EU Package Travel Directive in the
case where either there are significant changes to the arrangements before
departure, or where arrangements change during the cruise.
Compensation of the ticket price in the event of delay in arrival of a ferry
service
23. A passenger who travels on a ferry service and experiences a delay in arrival
at the final destination as set out in the transport contract is entitled to compensation.
24. The compensation relevant to the length of the delay should be calculated
from the scheduled time of arrival as set out in the original transport contract. The
only exception to this is when the original transport contract has been subsequently
amended to reflect a change requested by the passenger.
25. From time to time, operators may have to reschedule their services for
operational reasons. Any rescheduling should be a planned event and any alteration
to the timetable should be well in advance of their sailing time. Passengers should be
notified in advance so they can alter their own travel plans accordingly.
26. Where a ship’s arrival is delayed the carrier will be required, upon request, to
compensate the passenger to the minimum level of 25% of the ticket price in
accordance with the following table:
Scheduled journey time Length of delay
up to 4 hours at least 1 hour
more than 4 hours but not more
than 8 hours
at least 2 hours
more than 8 hours but not more
than 24 hours
at least 3 hours
more than 24 hours at least 6 hours
27. If the length of delay exceeds double the time set out in the table above, the
compensation will be 50 % of the ticket price.
28. Tariff structures in the ferry industry are complex and diverse. However,
compensation must be calculated in relation to the price which the passenger
actually paid for the ticket as specified in the transport contract. For example a
passenger that purchases a ticket for a family of four, travelling in their own vehicle
should receive compensation based on the total cost of the ticket including the part of
the ticket price associated with the vehicle.
4 29. Where the passenger holds a combined ticket for an outward and return
journey, compensation for a delay in arrival on either the outward or the return leg
shall be calculated in relation to 50% of the price paid for the transport by that ferry
service.
30. When calculating the compensation, the cost of any extras related to that part
of the journey e.g. the costs associated with the allocation of seats or an onboard
cabin should be included, provided such extras were purchased as part of the
transport contract. Any discretionary purchases made onboard the ship should not be
included in the calculation. Any extras included in the transport contract but not
specially related to that part of the journey e.g. holiday insurance should not be
included in the calculation either. Carriers are not required to pay compensation if it
amounts to less than €6 or the equivalent3
in £ sterling on any distinct occasion.
31. Compensation is payable to passengers who hold a travel pass or a season
ticket and encounter recurrent delays in arrival in accordance with the carriers Terms
and Conditions.
32. Assuming that the claim is valid and not disputed then any compensation will
be paid within 1 month after the submission of the request for compensation. A
disputed claim might take longer to resolve as it may require input from the
applicable complaint handling service. Any compensation may be paid in vouchers
and / or other services, provided that the conditions are flexible, particularly regarding
the period of validity and the destination. The compensation must be paid in money if
the passenger requests, and carriers and terminal operators should make the
passenger aware of this right. The compensation of the ticket price must not be
reduced by financial transaction costs such as fees, telephone costs or postage.
33. Where a passenger requests compensation in money in respect of a ticket
that was originally bought with a voucher (or similar) the compensation should be
calculated in relation to the cash redemption value of that voucher.
34. Compensation may not be payable to passengers with open tickets unless
they have been checked-in or to passengers who were advised of the delay or
cancellation before purchasing a ticket or where the delay is due to the fault of the
passenger. Terms and Conditions of the operator may apply.
35. Nor is compensation payable where the delay was caused by weather
conditions endangering the safe operation of the ship or by extraordinary and
unavoidable circumstances that hindered the sailing4
.
36. As part of their role to customer care, a ferry service or cruise operator may
wish to consider how any delay experienced could affect their passenger’s onward
journeys at the end of their voyage and offer assistance where possible. This help
could be through providing railway or bus timetables or telephone numbers to local
taxi companies or by providing access to a telephone.
3
To determine the correct exchange rate use www.xe.com.
4
Examples include natural disasters such as fires and earthquakes, terrorist attacks, wars and military or civil armed
conflicts, uprisings, military or illegal confiscations, labour conflicts, landing any sick, injured or dead person, search
and rescue operations at sea or on inland waterways, measures necessary to protect the environment, decisions
taken by traffic management bodies or port authorities, or decisions by the competent authorities with regard to public
order and safety as well as to cover urgent transport needs.
5 37. Compensation for failure to provide the contracted services in respect of
cruises is governed by the Package Travel Regulations.
6 Annex A – Information in the event of cancelled or delayed departures (Article
16)
In the case of a cancellation or a delay in departure of a ferry service or a cruise,
passengers departing from port terminals or, if possible, passengers departing from
ports shall be informed by the carrier or, where appropriate, by the terminal operator,
of the situation as soon as possible and in any event no later than 30 minutes after
the scheduled time of departure, and of the estimated departure time and estimated
arrival time as soon as that information is available.
If passengers miss a connecting transport service due to a cancellation or delay, the
carrier and, where appropriate, the terminal operator shall make reasonable efforts to
inform the passengers concerned of alternative connections.
The carrier or, where appropriate, the terminal operator, shall ensure that disabled
persons or persons with reduced mobility receive the information required in
accessible formats.
Assistance in the event of cancelled or delayed departures (Article 17)
Where a carrier reasonably expects the departure of a ferry service or a cruise to be
cancelled or delayed for more than 90 minutes beyond its scheduled time of
departure, passengers departing from port terminals shall be offered free of charge
snacks, meals or refreshments in reasonable relation to the waiting time, provided
they are available or can reasonably be supplied.
In the case of a cancellation or a delay in departure where a stay of one or more
nights or a stay additional to that intended by the passenger becomes necessary,
where and when physically possible, the carrier shall offer passengers departing from
port terminals, free of charge, adequate accommodation on board, or ashore, and
transport to and from the port terminal and place of accommodation in addition to the
snacks, meals or refreshments provided for. For each passenger, the carrier may
limit the total cost of accommodation ashore, not including transport to and from the
port terminal and place of accommodation, to 80 euros per night, for a maximum of
three nights.
The carrier shall pay particular attention to the needs of disabled persons and
persons with reduced mobility and any accompanying persons.
Re-routing and reimbursement in the event of cancelled or delayed departures
(Article 18)
Where a carrier reasonably expects a ferry service to be cancelled or delayed in
departure from a port terminal for more than 90 minutes, the passenger shall
immediately be offered the choice between:
(a) re-routing to the final destination, under comparable conditions, as set out in the
transport contract, at the earliest opportunity and at no additional cost;
(b) reimbursement of the ticket price and, where relevant, a return service free of
charge to the first point of departure, asset out in the transport contract, at the
earliest opportunity.
7 Where a ferry service is cancelled or delayed in departure from a port for more than
90 minutes, passengers shall have the right to such re-routing or reimbursement of
the ticket price from the carrier.
The payment of the reimbursement provided for shall be made within 7 days, in cash,
by electronic bank transfer, bank order or bank cheque, of the full cost of the ticket at
the price at which it was purchased, for the part or parts of the journey not made, and
for the part or parts already made where the journey no longer serves any purpose in
relation to the passenger’s original travel plan. Where the passenger agrees, the full
reimbursement may also be paid in the form of vouchers and / or other services in an
amount equivalent to the price for which the ticket was purchased, provided that the
conditions are flexible, particularly regarding the period of validity and the destination.
Compensation of the ticket price in the event of delay in arrival (Article 19)
Without losing the right to transport, passengers may request compensation from the
carrier if they are facing a delay in arrival at the final destination as set out in the
transport contract. The minimum level of compensation shall be 25 % of the ticket
price for a delay of at least:
(a) 1 hour in the case of a scheduled journey of up to 4 hours;
(b) 2 hours in the case of a scheduled journey of more than4 hours, but not
exceeding 8 hours;
(c) 3 hours in the case of a scheduled journey of more than 8 hours, but not
exceeding 24 hours; or
(d) 6 hours in the case of a scheduled journey of more than 24 hours.
If the delay exceeds double the time set out in points (a) to (d), the compensation
shall be 50 % of the ticket price.
Passengers who hold a travel pass or a season ticket and who encounter recurrent
delays in arrival during its period of validity may request adequate compensation in
accordance with the carrier’s compensation arrangements. These arrangements
shall state the criteria for determining delay in arrival and for calculation of
compensation.
Compensation shall be calculated in relation to the price which the passenger
actually paid for the delayed ferry service.
Where the transport is for a return journey, compensation for delay in arrival on either
the outward or the return leg shall be calculated in relation to half of the price paid for
the transport by that ferry service.
The compensation shall be paid within 1 month after the submission of the request
for compensation. The compensation may be paid in vouchers and / or other
services, provided that the conditions are flexible, particularly regarding the period of
validity and the destination. The compensation shall be paid in money at the request
of the passenger.
8 The compensation of the ticket price shall not be reduced by financial transaction
costs such as fees, telephone costs or stamps. Carriers may introduce a minimum
threshold under which payments for compensation will not be paid. This threshold
shall not exceed 6 euros.
Exemptions (Article 20)
Articles 17, 18 and 19 shall not apply to passengers with open tickets as long as the
time of departure is not specified, except for passengers holding a travel pass or a
season ticket.
Articles 17 and 19 shall not apply if the passenger is informed of the cancellation or
delay before the purchase of the ticket or if the cancellation or delay is caused by the
fault of the passenger.
Article 17(2) shall not apply where the carrier proves that the cancellation or delay is
caused by weather conditions endangering the safe operation of the ship.
Article 19 shall not apply where the carrier proves that the cancellation or delay is
caused by weather conditions endangering the safe operation of the ship or by
extraordinary circumstances hindering the performance of the ferry service which
could not have been avoided even if all reasonable measures had been taken.
Further claims (Article 21)
Nothing in the EU Regulation shall preclude passengers from seeking damages in
accordance with national law in respect of loss resulting from cancellation or delay of
transport services before national courts, including under Directive 90/314/EEC.
Version 5.0 13/05/2013
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