Boat passengers' rights

Last update

Summary:

When you travel by boat to or from the European Union, you have certain rights. If these rights are infringed upon, you may be entitled to a refund of your ticket, assistance, or compensation, depending on the circumstances.

Droit des passagers – Formulaire de plainte

By virtue of the European Union's commitments in the area of maritime transport, passengers travelling by sea or on inland waterways enjoy a high level of protection.

According to the common rules currently in force, you have the right to compensation in the following cases:

  • cancellations or significant delays;
  • problems with your baggage;
  • injury or death as a result of an accident.

At the same time, special rules provide for specific protection in the case of:

Who is concerned

Parties involved

Any boat passenger travelling by sea or inland-waterways can exercise their rights:

  • if the port of embarkation (port of departure) is located in the European Union (EU); or
  • if:
    • the port of embarkation is located outside the EU; and
    • the port of disembarkation (port of arrival) is located in the EU, provided that the service is provided by a business based in the EU;
  • if, in the case of cruises, the port of departure is located in the EU.

Special case of cruises

To be considered a passenger on a cruise ship, travellers must use a maritime or inland waterway transport service:

  • that is operated exclusively for recreational or leisure purposes;
  • that includes accommodation and other services, with more than 2 nights on board.

However, cruise passengers are not entitled to:

  • re-routing or a refund if the departure is cancelled or delayed;
  • compensation in the event of late arrival.

Excluded vessels

Certain vessels are not covered by the legislation on the protection of maritime and inland waterway passengers. These include:

  • vessels designed to transport no more than 12 passengers;
  • vessels with no more than 3 crew members;
  • vessels that cover a distance of less than 500 m on a one-way trip;
  • vintage vessels (originals or replicas built before 1965) that are authorised to transport up to 36 passengers;
  • vessels that are not mechanically powered;
  • vessels used for excursion and tourism purposes, other than cruises (e.g., in Luxembourg, vessels used for day trips on the Moselle, and car ferries, covering a distance of less than 500 m).

In the event of a maritime/inland-waterway passenger's death, their legal successors, if any, may also exercise their right to compensation.

Prerequisites

To exercise your rights, you must be in possession of:

  • a non-open ticket – i.e. one which shows the departure time; or
  • a transport card / travel pass for a regular service.

Deadlines

All types of trips by boat

If you feel that your rights have been violated, you can file a claim – within 2 months of the incident – with:

  • the transport operator;
  • the terminal operator.

The business against which the claim is being brought (the defendant) will then have:

  • one month to respond – i.e. to accept or reject your claim;
  • 2 months, as of the receipt of your claim, to give you their final response.

For inland-waterway trips only

If you have not received a satisfactory response to your claim, you can forward your complaint to the Directorate for Consumer Protection (Direction de la protection des consommateurs), provided you do so within 3 months of the incident.

The Directorate will then have 3 months, as of the date of receipt of your complaint, to communicate its decision to both you (the claimant) and the business against which the claim is being brought (the defendant).

For maritime passengers only

If your baggage is damaged and the damage occurred as a result of the transport operator's fault or negligence, you must inform the transport operator:

  • before leaving the vessel, if the damage involves your carry-on baggage;
  • if the damage involves other items of baggage:
    • upon delivery of the baggage; or
    • no later than 15 days after disembarkation or delivery of the baggage, if the damage is not immediately apparent.

If your baggage is lost, you have 15 days, as of the date on which you should have received it, to file a written claim with the transport operator.

If you are injured during your trip, or if you are the legal beneficiary of a passenger who died during their trip, you must file your claim with a court of law within 2 years of the accident.

How to proceed

Non-discrimination and duty to assist passengers

Prohibition of any form of discrimination towards passengers

You should not suffer any form of discrimination on the part of the transport operator, be it:

  • when purchasing your ticket;
  • during your trip;
  • on the basis of:
    • your nationality;
    • your gender;
    • your disability;
    • your reduced mobility.

Likewise, carers of disabled people should not be discriminated against by transport operators.

If you feel that you have been discriminated against by a transport operator, you can file a claim against them for failure to fulfil their obligations. In that case, the claim should be filed with the competent inspection body.

The Directorate for Consumer Protection is the competent body for trips:

  • departing from a Luxembourg port; or
  • departing from a third country and arriving at a Luxembourg port.

Obligation to provide disabled people and people with reduced mobility with information before the trip

If you are a disabled person or a person with reduced mobility, you have the right to demand that the transport operator and the port-terminal operator provide you with all relevant information:

  • in appropriate and accessible formats, including at the time of booking and for information that is published online;
  • about:
    • the conditions of transport;
    • route information;
    • the accessibility features that are available to them.

Both inside and outside port terminals, you must be able to be guided to a place where you can:

  • announce your arrival; and
  • request assistance.

Obligation to assist disabled people and people with reduced mobility

If you are a disabled person or a person with reduced mobility, you have the right to demand that transport operators and port-terminal operators provide you with assistance, free of charge:

  • when boarding; and
  • when disembarking; and
  • on board the vessel.

To do so, you should file a request for assistance with:

  • the transport operator; or
  • the travel agent; or
  • the tour operator.

You should be able to obtain a response to your request and confirmation that assistance will be provided:

  • in any of the transport operator's sales offices, including when bookings are made by telephone or online; and
  • by any means of communication, including SMS and email.

You should inform the transport and/or terminal operator of your need for assistance (i.e. special needs and required services):

  • at least 48 hours in advance, unless you and the transport/terminal operator agreed to a shorter notice period; and
  • by any means of communication, including SMS and email.

You should then arrive at the port before embarkation commences, and check in at a meeting point designated by the transport/terminal operators in advance:

  • at the time specified in writing by the transport/terminal operator, which should be at least 60 minutes before the scheduled departure time; or
  • if no time is specified, at least 60 minutes before the scheduled departure time, or sooner if agreed upon in advance.

Even if you do not inform the transport operator of your need for assistance, they must still make every effort to provide the assistance you need to:

  • embark;
  • disembark;
  • travel on board the vessel.

Denied boarding due to disability or reduced mobility

If you are a disabled person or a person with reduced mobility, transport operators cannot deny you boarding on account of your disability, unless:

  • special security arrangements permitting them to do so are:
    • required by the competent authorities; or
    • provided for in international law; or
    • the design of the vessel or the port infrastructure prevents them from ensuring that you can embark, disembark and travel safely.

In these cases, the transport operator must offer you an acceptable alternative means of transport.

If you are unable to embark, even though, at the time of your booking, you had informed the transport operator, travel agent or tour operator of your disability, your special needs or the services you require, you and your carer are entitled to one of the following:

  • a refund and a return trip to the initial point of departure, if necessary; or
  • re-routing:
    • as quickly as possible ; or
    • at a later date, at your convenience, subject to availability.

If you are travelling with a recognised assistance dog, it must be allowed on board.

Cancellation or delay

Information

In the event of cancellations or delays, you must be provided with information on:

  • the situation no more than 30 minutes after the scheduled departure time;
  • the estimated time of departure and the estimated time of arrival.

If you miss a connection due to a delay or cancellation, the transport/terminal operator must provide you with information on other available connections.

If you are a disabled person or a person with reduced mobility, you are entitled to special attention on the part of the transport and terminal operators, to accommodate your special needs. This includes ensuring that you can access essential information about delays and cancellations.

Conditions of compensation

If your trip is delayed by more than 90 minutes, or if your trip is expected to be or is actually cancelled, you can choose one of the following options:

  • free re-routing:
    • to your final destination;
    • under conditions comparable to those of your initial trip;
    • as quickly as possible; or
  • a refund of the price of your ticket and, if need be, free transport, as quickly as possible, to your initial point of departure.

The transport operator must refund you in full within 7 days:

  • in cash; or
  • by wire transfer; or
  • by bank draft or check; or
  • in the form of vouchers, with your consent, if the conditions are flexible.

The refund should cover:

  • the unused segment(s) of the trip;
  • the completed segment(s) of the trip, if the trip is no longer relevant, given your initial travel arrangements.

If you arrive at your destination late, you are also entitled to compensation, in the amount of:

  • 25% of the price of your ticket, in the event of a delay of at least:
    • one hour, for a trip lasting up to 4 hours;
    • 2 hours, for a trip lasting more than 4 hours;
    • 3 hours, for a trip lasting more than 8 hours;
    • 6 hours, for a trip lasting more than 24 hours;
  • 50% of the price of your ticket, for delays that are twice as long as those set out above (e.g. in the event of a 2-hour delay for a trip lasting up to 4 hours).

If you have a return ticket and your arrival is delayed, whether on the outbound or return leg of your trip, the compensation is calculated based on half the total price of the ticket.

You should be compensated within one month of your claim for compensation. Compensation may be paid in the form of:

  • cash, if you request this option; or
  • vouchers, if the conditions are flexible, especially as regards their validity and the destination.

Compensation may not be possible if the amount to be paid as compensation is too small. The transport operator may set a minimum threshold, of no more than EUR 6, below which no compensation is paid.

No compensation will be paid, if:

  • the delay was due to circumstances beyond the transport operator's control, such as:
    • a natural disaster; or
    • weather conditions compromising the safety of the vessel; or
  • you are in possession of an open ticket (i.e. not showing a departure time); or
  • you were informed of the delay or cancellation before purchasing your ticket; or
  • the delay or cancellation occurred as a result of your own doing.

Traveller assistance

If your trip is delayed by more than 90 minutes, or if your departure is cancelled, you are entitled to be provided with:

  • snacks, refreshments or meals in reasonable relation to the waiting time;
  • accommodation – if you have to wait overnight (no more than EUR 80 a night for up to 3 nights) – as well as transport from the terminal to the accommodation and back.

You will not be eligible for such assistance on the part of the transport operator, if:

  • the cancellation or delay was caused by weather conditions compromising the safety of the vessel; or
  • you were informed that the trip was delayed or cancelled before purchasing your ticket; or
  • the delay or cancellation occurred as a result of your own doing.

Obligation to provide information during the trip

The transport operator must provide you with the following, in the languages that they generally use, and in accessible formats:

  • sufficient and appropriate information (disruptions, safety-related information, key information in real time, etc.) ; and
  • information on your rights on board vessels, and in ports or port terminals.

If you are a physically or mentally disabled person, or a person with reduced mobility, you are entitled to special attention on the part of the transport/terminal operator, to accommodate your special needs. This includes ensuring that you can access essential information about the different stages of your trip.

Obligation to assist disabled people and people with reduced mobility during the trip

If you are a disabled person, or a person with reduced mobility, you are entitled to receive the transport and port operators' assistance to:

  • announce your arrival at a port or port terminal;
  • disembark at the port of arrival;
  • help you with your mobility needs to:
    • check in;
    • check in your baggage;
    • embark and disembark the vessel;
    • recover your baggage at the end of the trip;
    • go to the toilet, if need be.

It is your right to expect staff to be sensitive to the needs of disabled people and, in particular, to be aware of:

  • the material and organisational obstacles you face;
  • the role of assistance dogs;
  • methods for communicating with people who are deaf or hard of hearing, people with visual impairment, and people with speech and learning disorders.

If you feel that you have been discriminated against by a transport operator, you can file a claim against them for failure to fulfil their obligations. In that case, the claim should be filed with the competent inspection body.

The Directorate for Consumer Protection is the competent body for trips:

  • departing from a Luxembourg port; or
  • departing from a third country and arriving at a Luxembourg port.

Material loss or damage at sea

Loss of or damage to baggage or other personal effects at sea

You are entitled to be compensated by the transport operator if your baggage or other personal effects are lost or damaged, but only when such damage/loss occurs as a result of:

  • an accident at sea; or
  • negligence or a fault on the part of the transport operator.

If your baggage is damaged as a result of a fault or negligence on the part of the transport operator, you must inform the transport operator in writing:

  • before leaving the vessel, in the case of cabin baggage;
  • upon delivery of the baggage, in the case of all other baggage.

If the damage is not immediately apparent, you must inform the transport operator, in writing, within 15 days of:

  • disembarking; or
  • the delivery of the baggage.

Once this 15-day period has elapsed, you will no longer be able to claim compensation.

If your baggage is lost, you have 15 days, as of the date on which you should have received it, to report the loss to the transport operator, in writing.

Unless the transport operator has agreed to keep your valuable items safe for you, they will not compensate you for the loss of/damage to the following:

  • cash;
  • negotiable securities;
  • gold;
  • silverware;
  • jewellery;
  • gems;
  • works of art, and other valuable items.

Loss and damage of mobility equipment

If you are a disabled person, or a person with reduced mobility, you are entitled to compensation if, through their own fault or negligence, the transport operator is responsible for:

  • the loss; or
  • partial or extensive damage to your mobility equipment, or any other special equipment.

The compensation will be in an amount that is equivalent to:

  • the value of your equipment; or
  • the cost of repairing such equipment.

Where possible, you should also be promptly provided with temporary replacement mobility equipment.

Bodily harm or death during transport

If you are injured in an accident at sea, you are entitled to compensation from:

  • the transport operator; or
  • the transport operator's insurer.

In the event of death, such compensation will be paid to the passenger's legal beneficiaries.

The following events are considered to be accidents at sea:

  • shipwrecks;
  • capsizing;
  • collisions;
  • groundings;
  • explosions or on-board fires;
  • defects in the vessel;
  • crashes.

In the event of injury or death, you are also entitled to receive a deposit from the transport operator to cover your immediate needs.

You may also hold the transport operator liable if the injuries or death were not caused by an accident at sea, but occurred as a result of the transport operator's negligence or fault.

However, if the transport operator can prove that the bodily injuries or death occurred as a result of your own negligence or fault, you may only be entitled to partial compensation, if any.

The transport operator may not be held liable if the injuries or death occurred as a result of:

  • an exceptional, unavoidable and unforeseeable force majeure event; or
  • an act committed deliberately by a third party with the intention of causing the event; or
  • an act of war.

Lodging a complaint

If you are of the opinion that your rights have not been respected, you can file a complaint.

Online services and forms

Online services

Passenger rights - Complaint form

Other language(s)

Who to contact

European Consumer Centre

Address:
271, route d’Arlon L-1150 Luxembourg
Phone:
(+352) 26 84 64 1
The telephone helpdesk is open on Mondays, Wednesdays and Fridays from 9.00 to 12.00 and on Tuesdays and Thursdays from 9.00 to 16.00.
Fax:
(+352) 26 84 57 61
Email address:
info@cecluxembourg.lu
Website:
https://www.cecluxembourg.lu/en/contact-and-opening-hours/
Consultation by appointment

National Service of the Mediator of consumption

Address:
6, rue du Palais de Justice L-1841 Luxembourg
Phone:
(+352) 46 13 11
Fax:
(+352) 46 36 03
Email address:
info@mediateurconsommation.lu
Website:
https://www.mediateurconsommation.lu/en
Telephone reception desk: Monday to Friday from 9.00 to 12.00 and 14.00 to 17.00 - Physical reception desk: by appointment

  • Luxembourg Consumer Protection Association (ULC)

    Address:
    55, rue des Bruyères L-1274 Howald
    Phone:
    (+352) 49 60 22 1
    Fax:
    (+352) 49 49 57
    Email address:
    info@ulc.lu
    Website:
    https://www.ulc.lu
    Closed ⋅ Opens tomorrow at 8.00
    Tuesday:
    8.00 to 12.00
    Wednesday:
    8.00 to 12.00
    Thursday:
    8.00 to 12.00
    Friday:
    8.00 to 12.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00
    In the afternoon only by appointment.

  • Luxembourg Consumer Protection Association (ULC)

    Luxembourg Commission for Travel Litigation (CLLV)

    Address:
    55, rue des Bruyères L-1274 Howald
    Phone:
    (+352) 49 60 22 205
    Fax:
    (+352) 49 49 57
    Email address:
    contact@cllv.lu
    Website:
    https://www.ulc.lu

Luxembourg Consumer Protection Association (ULC) Luxembourg Commission for Travel Litigation (CLLV)

Address:
55, rue des Bruyères L-1274 Howald
Phone:
(+352) 49 60 22 205
Fax:
(+352) 49 49 57
Email address:
contact@cllv.lu
Website:
https://www.ulc.lu

Related procedures and links

Procedures

Links

Further information

Legal references

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