Brussels – During the summer travel season, delays and cancellations of planes, trains, ships, and buses used on vacation are around the corner. That’s why it is important to know all the passenger rights that EU legislation guarantees, when and how to complain, and the possible consequences. It’s not just a matter of delays and cancellations but also other (unfortunate) circumstances, from overbooking to lost luggage to a train or sea accident.
To get a clear picture of EU passenger rights, the European Commission developed the ‘Your Passenger Rights’ app (you can download it here for Google Android and Apple iOS), with an intuitive interface that highlights — circumstance by circumstance and for all modes of travel — when one can apply for a refund, compensation, or ask to reschedule travel. Ahead of the revised passenger rights framework and the introduction of a Regulation to protect travelers using combinations of modes of transportation (e.g., airplane and then train), according to last November’s European Commission proposals.
Air
Air passenger rights can be asserted if the flight is within the EU and operated by an EU or non-EU airline if it arrives in the territory of the EU from a non-EU country (and is operated by an EU airline); if the flight departs from an EU country to a non-EU country (and is operated by an EU or non-EU airline); and if compensation, re-routing, or assistance has not already been received by the airline for the same trip under the laws of a non-EU country.
In addition to the 27 EU countries, the overseas territories of Guadeloupe, French Guiana, Martinique, Reunion Island, Mayotte, Saint-Martin (French Antilles), the Azores, Madeira, and the Canary Islands (not the Faroe Islands) are also included, as are flights to and from Iceland, Norway, and Switzerland. As of January 1, 2021, air passenger rights rules will apply for flights from the UK to EU member countries only if an EU carrier operates the flight, not a UK or non-EU carrier.
Train
EU train passenger rights rules apply to all rail services when traveling within the borders of the European Union, even if member countries may decide on some exceptions for urban, suburban, regional, domestic long-distance trains, those operated exclusively for historical or tourist purposes, and international when most of the trip takes place outside the EU (not possible for cross-border trains within the EU).
The railroad company or ticket vendor must disclose information at the ticket purchase, such as lower fares, faster travel times, planned and real-time interruptions/delays, bicycle capacity, and availability of facilities on board for people with disabilities or reduced mobility. In addition, during the journey, the train operator must provide real-time information about on-board services (including Wi-Fi), the next station, interruptions and delays, main connecting services, and passenger rights.
Ship
Ship passenger rights rules apply to ferries and cruise ships by sea or inland waterways if sailing from an EU port or outside the EU (but the service must be operated by an EU transport company). These do not apply, however, to ships that can carry up to 12 passengers or have no more than three crew members; ships that cover a distance of less than 500 meters (one way); historic ships; excursion and sightseeing ships (if they do not have accommodation facilities or if the overnight stay does not exceed two nights on board).
EU passenger rights apply to persons, luggage, and vehicles on board in the event of an accident at sea, if the ship is registered or the contract for the voyage was booked in an EU member country, and if it departs and/or arrives at an EU port.
Bus
One can exercise bus passenger rights when the journey begins or ends in a member country, and they apply primarily to regular long-distance services (when passengers are picked up and dropped off at predetermined stopping points according to a set schedule). Long-distance is defined as a scheduled distance of the service – not the individual trip – of at least 250 kilometers. The bus operator must provide clear and correct information about the service and passenger rights throughout the journey.
English version by the Translation Service of Withub