Brussels,

Ship Passenger rights

MOBILITY & TRANSPORT

The establishment of a single market for maritime transport within the European Union has significantly benefited passengers. One of the key advantages is the uniformity of rights across the Union, ensuring that passengers enjoy consistent protections and entitlements regardless of their travel destination within the EU.

EU law provides robust protections for passengers in instances of travel delays or cancellations. It also ensures that persons with disabilities or reduced mobility have equal opportunities to travel by ship, guaranteeing accessibility and support.

EU Legislation

Rights for travellers with disabilities or reduced mobility

​As a ship passenger, you are entitled to assistance free of charge during various stages of your journey, including getting on and off the ship, changing ships, while on board, and at the port. To ensure you receive the best possible assistance, it's important to inform the carrier, ticket seller, or tour operator of your specific assistance needs at least 48 hours before your trip. This notification should include details about the type of assistance required.

However, even if you haven't provided this advance notice, the carrier and terminal operator are still obligated to make all reasonable efforts to assist you.

If you have special requirements in terms of accommodation, seating, assistance, or if you need to bring medical equipment, you should communicate these needs to the ticket seller at the time of making your reservation.

In certain situations, carriers may request that you are accompanied by another person for safety reasons or due to the design of the ship or port infrastructure. If such an accompanying person is necessary, they will be allowed to travel with you free of charge. This policy ensures that all passengers, including those with special needs, can travel safely and comfortably.

If you have problems getting help while travelling by ship, you should tell the port authorities or the carrier concerned.  If you are not satisfied with their reply, you can contact the national enforcement body in the country where the incident happened. 

Check our interactive tool on EU ship passenger rights for more information on your rights when travelling by ship, and how to claim them if you need to.

Ship's cancellations

If the ferry or cruise you are booked on is delayed or cancelled, the carrier or the terminal operator must inform you of the revised estimated departure and arrival times within 30 minutes of the original scheduled departure time. They are also required to inform you about your passenger rights.

In the event of a cancellation, the carrier must provide you with two options:
  1. A refund of your ticket, and if necessary, a complimentary return journey to your initial departure point. This is applicable especially if the delay makes it impossible for you to fulfill the purpose of your trip.
  2. Re-routing under comparable conditions to your final destination at the earliest opportunity, without any additional cost.

Should a cancellation cause you to miss a connecting transport service, the carrier is obligated to assist you in finding alternative connections.

Additionally, you are entitled to assistance, which includes:
  • Snacks, meals, or refreshments, proportionate to your waiting time, as long as they are available or can reasonably be provided on the ship or at the terminal.
  • Accommodation for up to 3 nights, if an overnight stay becomes necessary, with a maximum cost of €80 per night, including transport to your accommodation and back to the terminal.

​However, you are not entitled to accommodation if the cancellation is due to severe weather conditions. These rights ensure that passengers are adequately compensated and assisted in the event of delays or cancellations of ferry or cruise services.

Ship's crossing was delayed at departure

​If the ferry or cruise you are booked on is delayed or cancelled, the carrier or the terminal managing body is required to inform you about the new estimated departure and arrival times within 30 minutes of the originally scheduled departure time. They must also provide information about your passenger rights.

In case of a delay exceeding 90 minutes, you will be given a choice between:
  1. A refund of your ticket and, if necessary, a complimentary return journey to your initial departure point. This option is applicable particularly if the delay prevents you from fulfilling the intended purpose of your trip.
  2. Re-routing under similar conditions to your final destination at the earliest opportunity, without any additional cost.

Additionally, you are entitled to assistance, which includes:
  • Snacks, meals, or refreshments, proportional to the waiting time, as long as they can be reasonably provided on the ship or at the terminal.
  • Accommodation, if an overnight stay is necessary, for up to a maximum of 3 nights, with a maximum cost of €80 per night. This also includes transport to your accommodation and back to the terminal.

​However, it's important to note that you are not entitled to accommodation if the delay or cancellation was caused by severe weather conditions. These provisions are in place to ensure that passengers are adequately supported in case of significant delays or cancellations.

Ship arrived with a delay

If your arrival at your destination is delayed by more than 1 hour, you are entitled to compensation. The amount you receive depends on the length of the delay - the minimum level of compensation is 25% up to a maximum of 50% of the ticket price.

Luggage lost, delayed or damaged in an incident at sea

If your luggage and or vehicle is lost, delayed or damaged due to a shipping incident, you have the right to compensation from the carrier of up to approximately €2,700 for cabin luggage and €15,500 for your vehicle – this covers any luggage in the vehicle. You are not entitled to compensation if the carrier can prove they were not at fault. For the loss or damage to other valuables (for example monies, jewellery, works of art, etc.) you are entitled to compensation of approximately €4,100 on the condition that you deposited them with the carrier for safe-keeping.

​If your wheelchair or other mobility aid is damaged or lost, you are entitled to compensation to cover the cost of replacing or repairing it.

Injured in an incident at sea

​If you sustain an injury in an incident at sea, you have the right to compensation from the carrier or its insurer, amounting to approximately €300,000. In situations where the loss or damage incurred exceeds this amount, the compensation can be increased up to a maximum limit of approximately €490,000.

Moreover, you are entitled to receive an advance payment, which is proportional to the damages suffered, to address immediate economic needs. This is particularly relevant if your injury results from major maritime incidents such as shipwreck, capsizing, collision, stranding of the ship, an explosion or fire on the ship, or a defect in the ship. This advance payment is designed to provide quick financial assistance to cover urgent expenses related to the injury sustained in the incident.

You are a dependant of a victim of a fatal incident at sea

​If you are a dependent of a victim who tragically lost their life in a maritime incident, you are entitled to compensation from the carrier or its insurer, typically around €300,000. In certain circumstances, this compensation may be increased, up to a maximum limit of approximately €490,000.

Additionally, you have the right to receive an advance payment of not less than €21,000. This payment is intended to cover immediate financial needs following the incident. It applies in cases where the victim's death resulted from significant maritime incidents such as shipwreck, capsizing, collision, stranding of the ship, an explosion or fire on the ship, or a defect in the ship. This provision ensures that dependents of the deceased are offered immediate financial support to help address urgent needs in the aftermath of such unfortunate events at sea.

EU case-law on Passenger Rights

HAVE YOUR RIGHTS BEEN VIOLATED?


If you believe your rail passenger rights within the EU have been violated following one or more of the described accidents and you didn't receive assistance, you should first lodge a complaint with the railway company within 3 months of the incident. The company is obliged to respond with a reasoned reply within 1 month, though this may extend to 3 months in justified cases.

If the railway company does not respond or if you are dissatisfied with their response, you can escalate your complaint to the relevant national authority in your country. This should be done within 3 months of your complaint's rejection by the railway company. Your complaint should be directed to the authority that issued the railway company's license. The national authority should complete their complaint-handling process within 3 months, or 6 months for complex cases, providing a non-binding legal opinion on further actions.

Additionally, you can pursue out-of-court resolutions through an Alternative Dispute Resolution (ADR) entity or the Online Dispute Resolution (ODR) platform, if the ticket was purchased online. Note that ADR and ODR are available only to EU residents.

If these measures don't resolve the issue, you have the option to initiate formal legal action. You can file a claim for compensation under EU rules through the European Small Claims procedure or bring the case before national courts where the rail operator is registered. Be aware that the time limits for court actions are subject to national rules in each EU country.

For further assistance, you can consult your local European Consumer Centre, which offers help and advice on issues related to rail passenger rights.
Disclaimer

The information provided on this webpage regarding passenger rights is intended for general guidance and informational purposes only. While we strive to ensure that the information is accurate and up to date, it may not be comprehensive or reflect the most current legal developments. The details provided are based on the information available from the European Commission, and we make no representation or warranty of any kind, express or implied, regarding the accuracy, reliability, or completeness of this information.

Please be aware that transportation companies may have their own policies and interpretations of passenger rights which may not always align with the information presented here. As such, eEuropa Belgium cannot be held responsible for any discrepancies or differences in the application of passenger rights by individual transportation companies.

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Visitors are encouraged to verify the currentness and applicability of the information with the respective transportation companies and to seek professional advice as necessary.