Protection for Bus and Coach Passengers – Regulation 181/2011/EU
If I travel by bus, do I have similar rights to airline passengers?
Yes. Bus and coach travellers throughout the EU have rights similar to airline passengers. However, application of Regulation 181/2011/EU is limited in Ireland since many of the rights provided under the Regulation take effect only if the journey is in excess of 250km.
Regulation (EU) No 181/2011 sets out travellers' basic rights and imposes a number of obligations on bus and coach companies and terminal managers concerning their responsibility towards passengers. These rights include:
- non-discrimination based on nationality regarding tariffs and other contract conditions;
- non-discriminatory treatment for disabled persons and persons with reduced mobility. Specifically, free of charge assistance both at designated bus terminals and on-board buses and coaches, as well as financial compensation for loss of or damage to mobility equipment;
- adequate and accessible information for all passengers before and during their journey, as well as general information in bus terminals and on the internet about their rights;
- reimbursement of the full ticket price or rerouting in case of overbooking, cancellation or delay of more than 2 hours from the estimated time of departure (only applicable for journeys of more than 250 km distance);
- compensation of 50% of the ticket price in addition to reimbursement of the full price in case of overbooking, cancellation or a delay of more than 2 hours from the estimated time of departure, when the bus and coach company fails to offer the passenger the right to choose between reimbursement and rerouting (only applicable for journeys of more than 250 km distance);
- adequate assistance (snacks, meals, refreshments, as well as, if necessary, accommodation) in case of cancellation or delay of more than 90 minutes for journeys longer than 3 hours (only applicable for journeys of more than 250 km distance);
- compensation for death, injury, loss or damage to luggage caused by road accidents;
- a complaint handling mechanism established by the bus and coach companies and available to all passengers;
- establishment of independent bodies in each EU Member State with the mandate to enforce the Regulation and, where appropriate, to impose penalties.
Where can I complain about a breach of my rights as a bus passenger in Ireland?
See here for further information on your rights as a bus passenger in the EU.
Protection for Ferry Passengers – Regulation 1177/2010/EU
If I travel by ferry, do I have similar rights to airline passengers?
In late 2012, Regulation 1177/2010 came into effect to protect passengers when travelling by sea and inland waterways. Passengers travelling by sea and inland waterways in the EU, and in particular disabled persons and persons with reduced mobility, benefit from similar rights to those passengers travelling by air or by train. These new rights include:
- adequate and accessible information for all passengers before and during their journey, as well as general information about their rights in terminals and on-board ships;
- adequate assistance such as snacks, meals, refreshments and, where necessary, accommodation up to three nights, with a financial coverage up to €80 per night in case of cancellation or delay at departure of more than 90 minutes;
- guaranteed choice between reimbursement or re-routing in case of cancellation or delay at departure of more than 90 minutes;
- compensation, between 25% and 50% of the ticket price, in situations of delay at arrival;
- non-discriminatory treatment and specific, free-of-charge, assistance for disabled persons and persons with reduced mobility, both at port terminals and on-board ships, as well as financial compensation for loss of or damage to their mobility equipment;
- mechanisms to handle passenger complaints to be put in place by carriers and terminal operators;
- appointment of independent national bodies in charge of enforcing the regulation, where appropriate, through the application of penalties.
In addition, passengers involved in an accident when travelling by sea will have the following rights under EU law:
- financial compensation in case of death, personal injury, and loss of or damage to luggage, vehicles, and mobility or other special equipment;
- advance payment (within 15 days) to cover immediate economic needs in case of death or personal injury;
- direct recourse against the carrier's insurance provider in case of death or personal injury;
- right to receive appropriate and comprehensible information regarding the above rights prior to or, at the latest, upon departure.
In September 2021, the Court of Justice of the European Union (CJEU) gave a ruling in , Case C-570/19, clarifying the application and interpretation of Regulation (EU) No.1177/2010 on the Rights of Passengers When Travelling by Sea and Inland Waterways. This was the first case to be referred to the CJEU on the Regulation.
The matter had been referred to the CJEU by the Irish High Court as a request for a preliminary ruling on the rights of passengers intending to travel by sea and inland waterway where their journey is cancelled.
The claim arose out of a delay of 200 days in the delivery of Irish Ferries’ new vessel, the WB Yeats, which was due to be delivered by a German shipyard for the 2018 summer season. In the event, the vessel was not ready in time, and at least two months prior to departure, more than 20,000 passengers who had purchased tickets for the Irish Ferries’ Dublin-Cherboug route were informed that they would have to be re-routed or their trips would have to be cancelled.
The Irish National Transport Authority (NTA) became involved and required Irish Ferries to compensate the passengers for the cancellation and re-routing, and for any costs they incurred in re-routing.
Irish Ferries’ argued that the Regulation did not apply at all in circumstances where passengers had been informed of the cancellation at least seven weeks in advance of their booking. This was founded partly on the language of the Regulation itself, which refers to ‘interrupted travel’, and partly on the fact that air passengers do not receive compensation when their flights are cancelled more than two weeks in advance of their booking (cf Article 5(1)(c) of the Air Passenger Regulation 261/2004/EC).
The CJEU ruled that the Regulation applies where a ferry company is forced to cancel bookings well in advance of planned departure due to late delivery of a vessel. All that is required is for a passenger to have made a reservation or purchased a ticket.
The CJEU also ruled that re-routing by means of an alternative sailing or sailings taking a different route from that of the initial sailing or via a (road or rail) land bridge may constitute ‘re-routing to the final destination’ under ‘comparable conditions’ within the meaning of Article 18 of the Regulation if other conditions of that sailing are comparable to those laid down for the initial sailing in the transport contract. However, under Article 18(1)(a), the passenger must be reimbursed for the additional cost of this re-routing. Furthermore, pursuant to Article 19, the passenger must also be offered compensation for the lengthy delay or cancellation of the original booking (unless he or she has opted to be reimbursed in full rather than re-routed). In addition, when considering the ‘ticket price’ for the purposes of Articles 18 and 19, any additional optional services selected by the passenger, such as access to lounges or kennels, must be taken into consideration.
As for Irish Ferries’ defence to the claim for compensation on the grounds that the delay in delivery of the vessel amounted to an ‘extraordinary circumstance’, the CJEU relied on the caselaw determined under the Protection of Airline Passengers’ Regulation in limiting the application of that defence very substantially. It noted that the management and operation of a fleet of vessels is inherent in the normal exercise of the activity of a maritime carrier, and that the ordering of a new vessel is within its control. Therefore, the failure of the shipyard to deliver the vessel on time did not amount to an extraordinary circumstance so as to provide a defence to a claim for compensation. It was relevant in this regard that the contract between the carrier and the shipyard provided for the latter to compensate the former in respect of late delivery.
Pursuant to Article 24 of the Regulation a passenger must submit any complaint to a carrier within two months of the date of anticipated performance. Irish Ferries tried to claim that a passenger could only obtain compensation for delay or cancellation if he or she had asked to be compensated within two months of anticipated performance of the obligation in question. The Court did not agree that a request for compensation could be equated with a complaint.
Irish Ferries had also attempted to limit the involvement of the Irish NTA in respect of any passengers travelling from France to Ireland. However, the CJEU concluded that Article 25(1) must be interpreted as meaning that the jurisdiction of a national body responsible for enforcing the Regulation covers transport services from ports situated in the territory of that Member State and, where the transport is for a return journey that has been cancelled in its entirety, return transport services from another Member State to ports situated on the territory of that first Member State. The Irish NTA therefore had jurisdiction over passengers on both legs of the ferry’s proposed journeys.
The CJEU did not consider the requirement for maritime carriers to compensate passengers to be disproportionate given the intention of the legislature to provide consumers with a high level of protection and the fact that the level of compensation is pegged to the price paid by the consumer; nor was it invalid by way of legal uncertainty.
Where can I complain about a breach of my rights as a ferry passenger in Ireland?
Protection for Rail Passengers – Regulation (EU) 2021/782
If I travel by rail, do I have similar rights to airline passengers?
Yes. If you are informed that your train will arrive at your final destination with a delay of at least one hour, or your train is cancelled you have the right to choose between reimbursement or re-routing to your final destination as follows:
- cancel your travel plans and ask for a refund of your ticket
- you may also be entitled to a return journey to your initial point of departure, if the delay prevents you from fulfilling the purpose of your trip,
- transport to your final destination at the earliest opportunity (or on a later date of your choosing) under comparable conditions. This includes by alternative transport modes when the train is blocked and the service is suspended
- assistance in the form of meals and refreshments (proportionate to the waiting time) if the delay is longer than one hour
- accommodation if you have to stay overnight
If you decide to continue your journey as planned or to accept alternative transport to your destination, you may be entitled to compensation as outlined below:
- 25% of the ticket price if the delay is between one and two hours
- 50% if the ticket price if the delay is more than two hours
You will not receive compensation if:
- you were informed of a delay before you bought your ticket
- you opted for a refund of your ticket
Regulation (EU) 2021/782 applies throughout the EU since 7th June 2023. The Regulation repeals Regulation (EC) 1371/2007.
The new Regulation aims to
- provide significantly improved protection to rail passengers in the event of travel disruptions; and
- respond better to the needs of persons with disabilities or reduced mobility.
The Regulation applies to international or domestic rail journeys throughout the European Union (EU) provided by one or more railway companies. It includes a number of new and important features.
These new features include:
First, the introduction of through-tickets creating a new obligation for carriers qualifying as a ‘sole railway undertaking’ to offer their long-distance (international and domestic) and regional rail services as a through-ticket. This aims to ensure a more comprehensive protection of passengers in cases of missed connections and will increase the availability of the through-tickets on the market.
Secondly, infrastructure managers are required to distribute real-time traffic data to railway undertakings, ticket vendors, tour operators and station managers.
Thirdly, where passengers have not been offered a timely solution (within 100 minutes) in the event of a disruption to their journey, they can themselves organise alternative public transportation by rail or bus and be reimbursed by the carrier for the ‘necessary, appropriate and reasonable’ cost of the additional ticket.
Fourth, dedicated spaces for assembled (not merely folding) bicycles will be required on new trains and on those which have had major upgrades.
Fifth, persons with disabilities or reduced mobility can pre-notify assistance requests 24 hours in advance.
Sixth, an improved enforcement framework has been introduced including:
- an amended complaint-handling mechanism;
- a reinforced obligation for cooperation between the national enforcement bodies;
- a standardised EU-wide form allowing passengers to request reimbursement or compensation.
Railway undertakings do not have to pay compensation for delays or cancellation in the case of extraordinary circumstances such as a pandemic or extreme weather conditions.
Discrimination based on the passenger’s nationality or the place of establishment within the EU of the carrier or the ticket vendor and tour operator is prohibited.
In coordination with infrastructure and station managers, railway undertakings should prepare contingency plans (including accessible alert and information systems) to prepare for the possibility of major disruption and long delays causing a considerable number of passengers to be stranded in a station.
Previously existing exemptions, many of which were enjoyed by Irish rail operators, are curtailed and no rail services are per se exempted. Certain exemptions can still be granted by EU Member States, such as for urban, suburban and regional passenger services, to which an increased number of mandatory provisions would then remain applicable.
Where can I complain about a breach of my rights as a rail passenger in Ireland?
Further information on your general rights as a rail passenger in the EU are available here.
Further Legal Advice On Your Rights
Where can I obtain legal advice on my rights in the EU?
If you require legal advice on your rights in the EU, you may wish to contact the Your Europe Advice service. This is an EU advice service for the public. It consists of a team of 65 independent lawyers who cover all EU official languages and are familiar both with EU law and national laws in all EU countries. They will provide you with free and personalised advice in the language of your choice, within a week. The response received, either by email or telephone as selected by you, will clarify the European law that applies in your case and explain how you can exercise your EU rights.