Law / European Union

Rights of passengers travelling by sea and inland waterway: reservations, accessible information and notifications of the need for assistance

Regulation (EU) No 1177/2010, Arts. 7, 8, 9 and 12(1)

In force since .

An accessibility requirements rule binding public and private bodies.

Enforcement body
The body or bodies each Member State designates under Article 25(1) of the Regulation

As of .

What it requires

  • If you are a carrier, travel agent or tour operator for passenger services or cruises within the Regulation, do not refuse to accept a reservation, to issue or otherwise provide a ticket or to embark a person on the grounds of disability or of reduced mobility as such, and offer reservations and tickets to disabled persons and persons with reduced mobility at no additional cost under the same conditions as to all other passengers, unless a refusal is needed to meet applicable safety requirements or the design of the ship or port infrastructure makes carriage impossible, in which case make all reasonable efforts to propose an acceptable alternative (Articles 7 and 8(1) and (2)).
  • If you are a carrier or terminal operator, make your access conditions for the transport of disabled persons and persons with reduced mobility publicly available physically or on the Internet, in accessible formats on request, and in the same languages as the information you generally make available to all passengers (Article 9(2)).
  • Make all relevant information, including online reservation and information, concerning the conditions of carriage, journey information and access conditions available in appropriate and accessible formats for disabled persons and persons with reduced mobility (Article 9(4)).
  • Take all measures necessary for the request for, and the reception of, notifications of the need for assistance at all your points of sale, including sale by telephone and over the Internet (Article 12(1)).

These lines are LexLint's reading of the law's text, as of .

What it reaches

Instrument type

a regulation made under an act

Obligation class

Prohibition, Disclosure

Applicability criteria

As of
Combinator
All of
Criteria
a passenger service or cruise not excluded by Article 2(2): not on a ship certified to carry up to 12 passengers, not on a ship whose operating crew is composed of not more than three persons or where the overall passenger service is less than 500 meters one way, not an excursion or sightseeing tour other than a cruise, and not on a ship not propelled by mechanical means or a historical passenger ship within Article 2(2)(d)

What this law does

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Regulation (EU) No 1177/2010 applies in respect of passengers travelling on passenger services where the port of embarkation is situated in the territory of a Member State, on passenger services from a port outside the Union to a port in a Member State operated by a Union carrier, and on a cruise where the port of embarkation is situated in the territory of a Member State (Article 2(1)).

It does not apply in respect of passengers travelling on ships certified to carry up to 12 passengers, on ships whose crew responsible for the operation of the ship is composed of not more than three persons or where the distance of the overall passenger service is less than 500 meters one way, on excursion and sightseeing tours other than cruises, or on ships not propelled by mechanical means and certain historical passenger ships (Article 2(2)).

Article 7 bars carriers, travel agents and tour operators from refusing to accept a reservation, to issue or otherwise provide a ticket or to embark persons on the grounds of disability or of reduced mobility as such, and requires reservations and tickets to be offered to disabled persons and persons with reduced mobility at no additional cost under the same conditions that apply to all other passengers.

Article 8(1) allows a refusal in order to meet applicable safety requirements or where the design of the passenger ship or port infrastructure and equipment makes safe or operationally feasible embarkation, disembarkation or carriage impossible, and Article 8(2) then requires all reasonable efforts to propose an acceptable alternative transport.

Article 9(2) requires carriers and terminal operators to make their access conditions for the transport of disabled persons and persons with reduced mobility publicly available physically or on the Internet, in accessible formats on request, and in the same languages as those in which information is generally made available to all passengers.

Article 9(4) requires carriers, travel agents and tour operators to ensure that all relevant information, including online reservation and information, concerning the conditions of carriage, journey information and access conditions is available in appropriate and accessible formats for disabled persons and persons with reduced mobility.

Article 12(1) requires carriers, terminal operators, travel agents and tour operators to take all measures necessary for the request for, and the reception of, notifications of the need for assistance, at all their points of sale, including sale by telephone and over the Internet.

Each Member State designates a body or bodies responsible for the enforcement of the Regulation as regards passenger services and cruises from ports situated on its territory and passenger services from a third country to such ports (Article 25(1)), and Article 28 has the Member States lay down rules on penalties, which shall be effective, proportionate and dissuasive; the Regulation sets no amount.

The Regulation applies from and is binding in its entirety and directly applicable in all Member States (Article 31).

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