Every year, thousands of people travel by ferry and cruise across Europe for holidays, business trips and daily commuting. From families catching a ferry between Malta and Sicily, to tourists embarking on Mediterranean cruises, sea transport remains an essential part of travel within the European Union.
However, many passengers are unaware that EU law provides them a number of important rights and protections when journeys are delayed, cancelled or otherwise disrupted.
Under EU rules, sea passengers departing from or arriving at EU ports are protected when travel disruptions occur, including cruise passengers whose journey starts in an EU member state.
For example, if a ferry from Sicily to Malta is cancelled due to bad weather, the operator must promptly inform passengers and provide updated travel information, with the possibility of a refund or rerouting.
Likewise, if a cruise departing from Barcelona is delayed by several hours, passengers must be informed of the revised schedule and any resulting changes to their journey.
These regulations do not cover smaller vessels, such as boats carrying fewer than 12 passengers or services operating over very short distances of under 500 metres. Certain sightseeing trips and historic vessels are also excluded.
“These regulations do not cover boats carrying fewer than 12 passengers. Certain sightseeing trips are also excluded”
Right to information and assistance
One of the key passenger rights is the right to clear and timely information.
In the event of a delay, passengers must be promptly informed of the reason for the disruption, expected departure and arrival times, and any available alternative travel arrangements, as well as their legal rights and the contact details of the relevant enforcement authorities.
Under EU rules, when a sea service is cancelled or delayed by more than 90 minutes, passengers are also entitled to care and assistance appropriate to the waiting time.
For example, if a ferry from Sicily to Malta is delayed for several hours the operator may be required to provide passengers with free snacks and refreshments in proportion to the duration of the delay.
Rerouting or reimbursement
When a ferry or maritime service is cancelled or delayed by more than 90 minutes, passengers must be given the choice between a full refund of the ticket price, including a free return journey to the original point of departure where applicable, or rerouting to their final destination at the earliest opportunity, under comparable conditions and at no additional cost.
For example, if a passenger travelling from Malta to Sicily for an important event such as a wedding, experiences a cancellation, the operator must either refund the ticket or arrange alternative transport, such as placing the passenger on the next available crossing, so they can still reach their destination.
Right for partial compensation of the ticket price
Passengers are entitled to financial compensation when they arrive at their final destination later than scheduled.
The amount of compensation depends on the length of the delay and may be either 25% or 50% of the ticket price. Importantly, any compensation due must be paid within one month from the date the request is submitted.
Financial compensation does not apply when the cancellation or delay is outside the carrier’s responsibility, such as in cases of severe weather affecting safe navigation, unavoidable extraordinary circumstances despite all reasonable measures, when passengers are travelling on an open ticket, prior notification of the disruption before ticket purchase, or when the passenger is responsible for the delay or cancellation.
Rights of disabled persons and persons with reduced mobility
Disabled persons and persons with reduced mobility have the same rights as all other sea passengers and cannot be refused a booking or charged additional fees because of their disability.
Refusal is only permitted where safety requirements or the design of the vessel or port make safe transport impossible and, in such cases, passengers must be informed about alternative transport options.
These passengers are also entitled to free assistance in ports and on board during embarkation and disembarkation.
To receive the necessary assistance, passengers should notify the carrier of their needs at least 48 hours before travel.
In cases where mobility equipment is lost or damaged due to the operator’s negligence, compensation must be provided for repair or replacement costs.
Non-discrimination
Sea passenger rights rules also ensure that all travellers are protected against direct or indirect discrimination based on nationality when purchasing tickets for ferry services and cruises.
Right to complain
In the event of a problem, passengers have the right to submit complaints with the sea carrier or terminal operator within two months of the incident, providing all relevant details such as dates, booking references and supporting documentation.
If there is no response within two months, or the response is not satisfactory, they may escalate the complaint to the relevant national enforcement body.
In Malta, this role is carried out by the Malta Competition and Consumer Affairs Authority for cases falling within its jurisdiction.
Odette Vella is director, Information, Education and Research, Office for Consumer Affairs, MCCAA.
