Passenger rights when travelling

EU Regulation 1177/2010 on Passenger Rights when Travelling by Sea and Inland Waterways

EU Regulation 1177/2010 concerning the right of passengers when travelling by sea became effective in the EU on 18th December 2012. It applies to any disabled person or person with reduced mobility booking a cruise where the port of embarkation is in the EU, including passengers who book outside the EU but embark in the EU. It also applies to passengers affected by delay and cancellation of services (see our Booking Conditions). "Disabled person" or "Person with reduced mobility" means any person whose mobility when using transport is reduced as a result of any physical disability (whether sensory, locomotor, permanent or temporary), intellectual or psychosocial disability or impairment or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all passengers.

Set out below is some general information to help you understand your rights under this Regulation. Please note, however, that this is not intended to be a comprehensive guide. Should you require further information relating to the Regulation please refer to the guidance documents that can be found on the Department for Transport (DfT) website.

Right to transport
Your request to travel cannot be refused solely on the grounds of disability or reduced mobility, and you are entitled to travel at no extra cost, under the same conditions that apply to all other passengers.

Exceptions
Passengers need to bear in mind that ships are fundamentally different from other buildings ashore e.g. hotels and, whilst every effort will be made to accept a booking, a request to travel can and may be refused if we cannot carry a passenger in a safe and operationally feasible manner, taking into account any issues relating to the design of the ship or port infrastructure and equipment including port terminals which may make it impossible to carry out the embarkation, disembarkation or carriage of a passenger and which may have an impact on the passenger's safety and comfort. If, for any reason, your travel is refused we shall inform you immediately and you can request that the reason for the refusal is put in writing to you within five working days.

Right to assistance in ports and on board
You are entitled to assistance in embarking and disembarking the ship, assistance with baggage and/or any specific medical equipment that you may be carrying, and also assistance in making your way to any public toilet facilities.

Notice
You should notify us of the nature of your disability, your need for assistance and of any specific equipment you are intending on bringing as early as possible but in any event at the very least 48 hours before you are due to travel. If you have been unable to provide us with this information with at least 48 hours notice we shall still make all reasonable efforts to provide the assistance that you require to enable you to travel. 

Accompanying person
After assessing your specific requirements, we may require that you are accompanied by an individual who can assist you during your cruise if we consider that this is necessary for your safety and comfort. Please note that such an accompanying person is not entitled to travel free of charge.

Loss of or damage to mobility or other specific equipment
If any damage is caused to mobility or other specific equipment used by a disabled person or person with reduced mobility as a result of our fault or neglect then, subject to our absolute discretion, we shall either repair or replace the equipment.

Complaints Handling

We have our own complaints handling procedure for dealing with any complaints regarding your cruise and you should follow the same procedure for any complaints you may have relating to this Regulation (see our Booking Conditions). Any complaints must be made in writing within 2 months from the date on which the service was performed. We shall respond to you within 1 month and a final reply shall be provided no longer than 2 months from receipt of the complaint. If you are still not satisfied then you may refer the matter to the Association of British Travel Agents (ABTA) Arbitration scheme which can be used for disputes relating to alleged breaches of contract and/or negligence claims or the Association of British Travel Agents (ABTA) Conciliation Scheme which can be used specifically for disputes relating to personal injury and sickness, full details of both may be found at www.abta.com.

Please see the link below for a summary of provisions concerning the rights of passengers travelling by sea:

European Commission summary concerning the rights of passengers when travelling by sea and inland waterway