Passenger rights in case of cancellations, delays, loss or damage to luggage. How to claim.
Passenger rights on commercial lines
Travelers traveling by ship have rights similar to those traveling by train or plane, in the event of delays or cancellations.
The regulation applies to boatsof more than twelve passengers, to those who have a crew of more than three people, and to those who lend a commercial transport service (for example, the Ferrys).
In relation to the Cruise, applicable regulationsaffects those who have a port of embarkation in a member state of the European Union, with regard to assistance to the affected passenger, as well as the special rights of persons with disabilities. However, in the case of cruises, connection services, alternative transportation and reimbursement for cancellations or delays in departure, as well as compensation for delays in arrival, are not applicable, aspects that are regulated in the regulations on Combined trips.
Transport contracts cannot include clauses that limit the rights of passengers.
Cancellation or late departure
If the shipping company cancel or delay the departure of the boat more than ninety minutes With respect to the scheduled time or foresees that this circumstance may occur, you must offer the affected passengers the following options:
Refunding within seven days of the full cost of the ticket.
Driving, at no additional cost, to the final destination under comparable transport conditions, as quickly as possible.
Regardless of the passenger's choice, the following must also be offered free of charge: assistance:
Snacks, food and drinks sufficient depending on the time it is necessary to wait.
When the scheduled departure time requires a stay of one or more nights, the carrier must provide a adequate accommodation, on board ship or in a hotel, including in this case, round trip transportation between the port terminal and the place of accommodation. The company may limit the total cost of accommodation to €80 per passenger per night, up to a maximum of three nights.
Travelers are not entitled to any assistance In the following cases:
Si before of the purchase of the ticket It is informed cancellation or delay.
If passengers have open tickets, unless they are holders of a transport pass or season ticket.
If the shipping company experiment that the cancellation or delay is due to meteorological conditions that endanger the safety of navigation (for example, strong winds, rough seas, etc.)
Passengers are entitled to a 25% compensation of the amount of the ticket depending on the time of late arrival to the final destination and Total length From the trip:
Compensation of 25% of the amount of the ticket
hours of delay
Total duration of the trip
Up to 4 hours.
More than 4 hours and less than or equal to 8 hours.
More than 8 hours and less than or equal to 24 hours.
More than 24 hours.
If the delay in arrival is more than double of the time indicated above, the passenger has the right to request compensation with the 50% of the amount of the ticket. In the case of a round trip ticket, the compensation will be calculated in relation to 50% of the ticket price.
El paid should be made effective, at most, within one month of the application being submitted.
The carrier is not obliged to pay any compensation in the event that it proves that the delay in arrival at the port is due to weather conditions (strong winds, bad sea conditions, presence of ice...) or extraordinary circumstances (for example, disembarkation of sick, injured or deceased people, natural disasters, etc.) that could not have been avoided even if all reasonable measures had been taken.
Right to information
Shipping companies must provide passengers with board ships, In the ports and the port terminals un summary of your rights.
This information must be available in accessible formats, physical or electronic, and in the same languages in which information is generally provided to passengers.
Rights of people with disabilities or with reduced mobility
Persons with disabilities or reduced mobility, in addition to applying the rights of passengers in general, have certain special rights:
Maritime companies, travel agencies and tour operators they can't refuse to accept a reservation, issue a ticket or board persons with disabilities or reduced mobility, unless this is not possible due to safety or design requirements of the vessel. Nor may they require an additional payment for making the reservation or issuing the ticket.
Persons with disabilities or reduced mobility have the right to a free assistance, both in port terminals and on board ships, including embarkation and disembarkation.
This people must notify the carrier, before booking or purchasing the ticket your specific needs for accommodation, seating, need to carry medical equipment, etc. For any other type of assistance, they must notify the carrier or the terminal operator with at least 48 hours in advance
In case of loss or damage to mobility equipment, the shipping company is obliged to compensate the traveler. The compensation will consist of the payment of the value of the equipment or of the repair, as the case may be.
In the case of cruises whose port of embarkation belongs to a member state of the European Union, in addition to what is established for combined trips, what is included in the Regulation 1177 / 2010, except with regard to connection services, alternative transportation and reimbursement for cancellations or delays in departure, as well as compensation for delays in arrival.
Modifications of the contract before departure
Prices may only be increased if this possibility is expressly reserved in the contract and it is established that the traveler is entitled to a price reduction. In that case, the contract will indicate how price revisions are to be calculated.
The increase in prices will be possible as a result of changes in:
The level of taxes or fees on the travel services included in the contract.
Currency exchange rates applicable to the cruise.
If the increase exceeds 8% of the total price of the cruise, the consumer may opt (within a reasonable period specified by the organizer) for:
Accept the change proposed
resolve the contract without paying penalty
The organizer or, where appropriate, the retailer must notify the traveler without delay, in a clear, understandable and prominent manner and on a durable medium:
Our proposed amendments and its impact on the price of the cruise.
Un reasonable time in which the traveler must inform of his decision.
The indication that in the event that the traveler do not notify your decision within the indicated period it will be understood that choose to terminate the contractno penalty.
If applicable, the substitute cruise offered and its price. If it were of inferior quality or cost, the traveler would be entitled to an appropriate price reduction.
If the consumer chooses to terminate the contract without penalty, the organizer or, where appropriate, the retailer will reimburse the consumer for all payments made, within a period not exceeding fourteen calendar days from the date of termination of the contract.
during the cruise
When a breach of contractduring the trip, the consumer will inform Without delay to the organizer or the retailer. These must correct the lack of conformity, unless it is impossible or if it has a disproportionate cost. In that case they would have the obligation to return to the consumer the amount of money corresponding to the services not provided.
In addition to the compensation that passengers can claim later, the company must provide them with a means of transport for their return at no additional cost.
Obligations in case of accident
The shipping company is required to indemnify both in the event that passengers suffer any personal damage (injury or death) or if luggage is damaged or lost.
Up to 400.000DEG (Special Drawing Rights) when the injury or death occurs as a result of the shipwreck, distress, approach, explosión o fire ship's. Provided that it is shown that the fault is attributable to the carrier.
Up to 12.700 SDRs by vehicle damage, including the luggage that is transported inside.
Up to 3.375 SDRs in case of pérdida o damage to valuables (money, jewelry, works of art, etc.), provided that the passenger has delivered them to the carrier for safekeeping.
Up to 2.250 SDRs in case of loss or damagein cabin luggage.
El Special Drawing Right it is a unit defined by the International Monetary Fund (IMF) and its value is established by reference to four international currencies (the US dollar, the euro, the Japanese yen and the pound sterling).
The action to request any compensation for damages prescribes, in general, two years after the date on which the accident took place.
If you have any problem with the contracted service, you must first file, within two months of the incident occurring, a written claim before the company or the operator of the terminal.
Within one month of receiving the complaint, the carrier or operator must notify the consumer if the claim has been addressed, rejected or is still under study. If you have not received a response within that period or if the response is not satisfactory, you can go to other agencies.
If the complaint refers to the safety of the boat, deficiencies in access and assistance to people with disabilities or reduced mobility, the consumer you can go to the mail: firstname.lastname@example.org the Ministry of Transport, Mobility and Urban Agenda, attaching This formulary. Corresponds to port authorities the responsibility to ensure the obligations of operators in terms of people with reduced mobility.
If the facts object of the claim occur during a cruise or the service is contracted through a travel agency, the claim will be processed by the General Directorate of Tourism, you can access the online processing (with digital certificate) or obtain more information at this link.