Summary of passenger rights for transport by water

This summary outlines the European Union (EU) rights of passengers travelling by sea and inland waterways under Regulation (EU) No 1177/2010. This regulation has been in force since 18 December 2012. This summary has been drawn up in accordance with Article 23(2) of Regulation (EU) No 1177/2010. The text on this page has no legal value.

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For which passengers does this regulation apply?

Regulation (EU) No 1177/2010 concerning the rights of passengers travelling by sea or inland waterways contains a minimum set of rights for passengers travelling:

  • On a passenger service departing from a port located in a European Union (EU) Member State.
  • On a passenger service provided by Union carriers from a port located outside of the EU to a port located in a EU Member State.
  • On a cruise departing from a port located in a EU Member State.

Cruise passengers are not entitled to alternative transport or reimbursement in the event of cancellation or departure delay, nor are they entitled to compensation for the cost of the ticket in case of delay on arrival.

The regulation does not apply to all categories of waterborne transport services. Excluded are:

  • Vessels carrying no more than 12 passengers.
  • Vessels with a crew responsible for operating the ship consisting of no more than 3 members.
  • Passenger services with a single journey of less than 500 metres.
  • Excursions and tourist trips other than cruises.
  • Vessels not mechanically propelled.
  • Original and individual replicas of historic passenger sailing ships designed before 1965, mainly built using original materials and carrying no more than 36 passengers.

Moreover, Member States may exempt passenger services under public service obligations, public service contracts, or integrated services from the application of this regulation indefinitely.

Regulation (EU) No 1177/2010 does not prevent passengers from seeking compensation for individual damage resulting from the cancellation or delay of transport services through national courts and in accordance with national legislation.

Right to information

All passengers travelling by sea or inland waterways have the right to receive necessary information throughout their journey. They are entitled to be informed about their rights as a passenger, the contact details of national enforcement bodies and the conditions for access to transport for persons with disabilities and persons with reduced mobility.

In case of cancellation or departure delay, passengers must be informed by the carrier or terminal operator within 30 minutes after the planned departure time about the delay or cancellation and the expected departure and arrival times, as soon as that information is available.

Right to non-discriminatory terms of the contract

When purchasing tickets for waterborne transport services or cruises, passengers must not be directly or indirectly discriminated against on the basis of their nationality or the place of establishment of the carrier or ticket vendor in the Union.

Right to care and assistance

In the event of a delay of more than 90 minutes or cancellation of a passenger service or cruise, passengers must, as far as reasonably possible, be offered free snacks, meals, or refreshments in proportion to the waiting time.

In case of cancellation or departure delay requiring 1 or more extra nights for the passenger, the carrier must provide appropriate accommodation on board or ashore, as well as transport between the port terminal and the place of accommodation. If the carrier proves that the cancellation or delay is due to weather conditions that jeopardise the safe operation of the ship, they are relieved of the obligation to offer free accommodation.

Passengers are not entitled to assistance by the carrier if they were informed of the cancellation or delay before purchasing the ticket, or if the cancellation or delay was their fault.

Right to alternative transport and reimbursement in case of cancellation or departure delay

In the event of a delay of more than 90 minutes or cancellation of a passenger service, passengers have the right to choose between:

  • Alternative transport to their final destination at the earliest opportunity, at no extra cost and under similar conditions.
  • Reimbursement of the ticket price, possibly in combination with a free return trip to the first departure point, as specified in the transport agreement.

Right to partial reimbursement of the ticket price in case of delay on arrival

Passengers may request 25% reimbursement of the ticket price if they arrive at their final destination with a delay of at least:

  • 1 hour for a scheduled service lasting up to 4 hours.
  • 2 hours for a scheduled service lasting more than 4 but less than 8 hours.
  • 3 hours for a scheduled service lasting more than 8 but less than 24 hours.
  • 6 hours for a scheduled service lasting more than 24 hours.

Passengers may request 50% reimbursement of the ticket price if they arrive at their final destination with a delay of at least:

  • 2 hours for a scheduled service lasting up to 4 hours.
  • 4 hours for a scheduled service lasting more than 4 but less than 8 hours.
  • 6 hours for a scheduled service lasting more than 8 but less than 24 hours.
  • 12 hours for a scheduled service lasting more than 24 hours.

However, the carrier is relieved from the obligation to compensate passengers for delays on arrival if the carrier proves that the delay is due to weather conditions that jeopardise the safe operation of the ship or other extraordinary circumstances that prevent the execution of the passenger service and could not reasonably have been avoided.

Rights of passengers with disabilities and passengers with reduced mobility

In addition to the general passenger rights, persons with disabilities and persons with reduced mobility travelling by sea or inland waterways have the following rights, ensuring that they have the same right to transport as other passengers:

Right to access transport for persons with disabilities and persons with reduced mobility without any discrimination

  • Carriers, travel agents and tour operators must not refuse to accept a booking, issue a ticket, or board any passenger due to their disability or reduced mobility.
  • If it is not possible, for safety reasons, to allow a disabled person or a person with reduced mobility to board a vessel, or if boarding is not possible due to the design of the vessel or port infrastructure and installations, carriers, travel agents and tour operators must make all reasonable efforts to offer acceptable alternative transport.
  • If persons with disabilities or reduced mobility who have a booking and have informed the carrier of their specific needs are denied boarding, they have the choice between reimbursement or alternative transport. The right to replacement transport depends on whether all safety requirements are met.
  • Carriers, travel agents, or tour operators may not charge additional fees for bookings or tickets for disabled persons and persons with reduced mobility. Bookings and tickets must be offered to disabled persons and persons with reduced mobility under the same conditions as other passengers.
  • Carriers and terminal operators must establish non-discriminatory access conditions for the transport of disabled persons, persons with reduced mobility, and their companions.

Right to special assistance

  • Persons with disabilities and persons with reduced mobility have the right to free assistance from carriers and terminal operators in ports and on board vessels, including during embarkation and disembarkation.
  • Disabled persons and persons with reduced mobility must inform the carrier of their specific needs regarding accommodation, seating, essential services, or the need to bring medical equipment at the time of booking or in advance when purchasing the ticket.
  • If other forms of assistance are required, disabled persons or persons with reduced mobility must notify the carrier or terminal operator at least 48 hours before the assistance is needed. They must also report to a designated point at an agreed time before the published boarding time.

Right to compensation for loss or damage to mobility aids

  • If a carrier or terminal operator causes the loss of or damage to mobility aids or other specialised equipment used by a disabled person or a person with reduced mobility due to their fault or negligence, they must compensate the disabled person or person with reduced mobility. 
  • The compensation must correspond to the replacement value of the affected equipment or, where applicable, the repair costs.

Right to lodge complaints with carriers and national enforcement bodies

  • Passengers may submit a complaint to carriers and terminal operators up to 2 months after the date on which the service was performed or should have been performed.
  • Carriers and terminal operators must have a complaints handling system in place. Under this system, they must inform the passenger within 1 month of receiving the complaint whether it is considered justified, rejected, or still under review. The complaint must be fully addressed within 2 months of receipt.
  • Passengers may also submit a complaint to the national enforcement authorities regarding alleged infringements of Regulation (EU) No 1177/2010.

Enforcement of passenger rights by national enforcement bodies or similar mechanisms

  • In each Member State, the designated national enforcement authority ensures compliance with the rights and obligations set out in Regulation (EU) No 1177/2010 concerning passenger services and cruises departing from ports within that Member State's territory, as well as passenger services from a third country to those ports.
  • If a Member State has decided to exempt passenger services covered by public service contracts or integrated services from the application of the regulation, it must ensure that a comparable mechanism for enforcing passenger rights is in place.