Regulation (EU) 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway has been applicable in EU countries since 18 December 2012 and strengthens the rights of consumers in general and in particular of disabled persons and persons with reduced mobility, guaranteeing non-discriminatory treatment and offering opportunities comparable to those of other citizens for using passenger services and cruises at no additional cost.
The Regulation establishes the applicable rules for sea and inland waterway transport as regards the following:
- Non-discrimination between passengers with regard to transport conditions offered by carriers.
- Non-discrimination and assistance for disabled persons and persons with reduced mobility.
- The rights of passengers in cases of cancellation or delay.
- Minimum information to be provided to passengers.
- The handling of complaints.
These rights are applicable to passengers travelling in the EU on board ferries and cruises by sea, rivers, lakes or canals.
It does not apply to:
- Ships carrying less than 13 passengers.
- Ships with a crew of not more than 3 persons.
- Ships where the one-way journey is less than 500 metre.
- The majority of historical passenger ships.
- Excursion or sightseeing tours without passenger accommodation or with a maximum of two nights on board.
If the service is delayed or cancelled, the passenger has the right to adequate and relevant information regarding the situation during the wait.
If the service is cancelled or the departure delayed by more than 90 minutes, the passenger may select between:
- Reimbursement of the ticket price and, where applicable, a return service free-of-charge to the first point of departure, for example, if the delay prevents the completion of the passenger's original travel plans.
- Re-routing to the final destination, in comparable conditions, at the earliest opportunity and at no additional cost.
In addition, if the departure of the ship is delayed by more than 90 minutes, provided they are available or can be reasonably supplied, passengers have the right to:
- Food and refreshments, depending on the waiting time.
- Accommodation, if the wait is extended to the following day.
If the arrival of the boat at its destination is delayed by more than one hour, passengers are entitled to compensation. Depending on the delay, the amount will be equivalent to 25% or 50% of the ticket price.
DELAY TIME | AMOUNT OF INDEMNITY |
| Delays of at least 1 hour, for scheduled journeys of up to 4 hours. | 25% |
| Delays of at least 2 hours, for scheduled journeys of ≥ 4 hours and ≤ 8 hours. | 25% |
| Delays of at least 3 hours, for scheduled journeys of ≥ 8 hours and ≤ 24 hours. | 25% |
| Delays of at least 6 hours, for scheduled journeys of ≥ 24 hours. | 25% |
If the length of delay exceeds double the time set out in the table above, the compensation will be 50 % of the ticket price. | |
Carriers are not required to pay compensation if it amounts to less than 6 €. | |
El % de indemnización corresponderá con el precio del billete. | |
The compensation will be paid within one month after the submission of the request for compensation to the carrier.
No compensation is payable if the delay is due to extreme weather conditions or a natural disaster.
You may submit a claim if you have experienced any of the following problems:
- If your rights as a disabled person or person with reduced mobility were not considered.
- If you were not offered assistance in the event of cancellation or delay in the departure, 90 minutes after the scheduled time.
- If you did not receive compensation in the case of delay in the arrival, in accordance with the ticket price.
If you consider that your rights have been infringed, you may submit a claim as follows:
- Make a claim to the corresponding shipping company. This may be made using the complaints' forms that the companies must have available for users.
- The claim must be addressed directly to the Customer Service department, either by letter or electronic means if the company has these.
- You must keep your ticket and any other documents used. In addition, the claim must be clear, concise and legible. The date, time, place and causes of the complaint, together with the personal details of the claimant and of their journey must be entered accurately.
If an answer is not received within one month, or if the answer is not satisfactory, a claim may be submitted to the consumer authorities in your Autonomous Community, who are appointed to ensure compliance with Regulation (EU) 1177/2010.
To do so, we recommend you:
- 1. Complete the complaints form which can be downloaded.
- 2. Attach a legible copy of all communication held with the shipping company in this respect.
- 3. Attach a copy of your ticket with the shipping company and any other documentation of significance.
Claiming for a problem at a port outside Spain
If the incident occurred in an EU port, outside Spanish territory, or during a journey that ended at this port, please see the following list of contact details for the competent national authority in order to process your claim.
You should send your claim to this organisation who is responsible for processing your complaint/claim and providing an answer.
Regulation (EC) 392/2009 ; on the liability of carriers of passengers by sea in the event of accidents.
If you are injured in a maritime accident, you are entitled to compensation from the carrier or their insurers. In the event of loss of life, your heirs are entitled to this compensation.
You are also entitled to compensation from the carrier in case of loss or damage to luggage, vehicles or other belongings due to a maritime accident.
| AMOUNT OF INDEMNITY | IAMOUNT OF INDEMNITY |
| Right to compensation for loss of or damage to cabin luggage. | 2.250 SDR (Special Drawing Rights) |
| Right to compensation for loss of or damage to luggage carried in or on the vehicle. | 12.700 SDR (Special Drawing Rights) |
| Right to compensation for loss of or damage to other luggage. | 3.375 SDR (Special Drawing Rights) |
| Loss or damage suffered as a result of an accident are calculated on the basis of "units of account", which are "Special Drawing Rights". (SDR) for Member States parties to the International Monetary Fund (all EU Member States). | |
For passengers with reduced mobility, compensation for loss or damage to their wheelchair or other mobility equipment shall correspond to the full cost of replacement or repair.
You are entitled to receive from the carrier an advance for your immediate needs in the event of injury or loss of life due to:
- Shipwreck
- Capsizing
- Collision
- Stranding of the ship
- Explosion or fire
- Defect in the ship
In the event of loss or damage during a maritime accident, compensation may be claimed from a court in the country:
- Where the carrier has their main office or headquarters.
- The passenger's country of permanent residence, provided the carrier is established in that country and is subject to its jurisdiction.
- Where the ticket was purchased, provided the carrier is established in that country and is subject to its jurisdiction.
In the event of damage or loss of luggage, the carrier must be informed in writing. Ideally, on disembarking or at the end of the journey at the time of its re-delivery. At the latest, within 15 days of from the date of disembarkation or re-delivery, otherwise the right to compensation will be lost.
In general, you have a period of two years to bring an action to court, although the exact start date of this period may vary according to the nature of the loss or damage.
European legislaton
- Regulation (UE) 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004.
- Regulation (EC) 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents.