COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL A European vision for Passengers: Communication on Passenger Rights in all transport modes
Date: 2011-12-19
Institutions: European Commission
Subjects: anti-discriminatory measure, carriage of passengers, consumer protection, indemnification, traveller

EUROPEAN COMMISSION 

Brussels, 19.12.2011  
COM(2011) 898 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

A European vision for Passengers: 
Communication on Passenger Rights in all transport modes 

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I. 

INTRODUCTION 

Ten  years  ago  in  the  2001  White  Paper1,  the  Commission  set  the  objective  to  introduce 
passenger protection measures to all modes of  transport.  This has now  been achieved. With 
the  adoption  of  passenger  rights  for  bus  and  coach  transport  in  2011  the  EU  now  has  a 
comprehensive integrated set of basic passenger rights rules in all modes: air, rail, waterborne 
and  road2  transport.  The  rules  on  EU  passenger  rights  provide  minimum  protection  for 
citizens  and  in  doing  so  facilitate  mobility  and  social  integration.  They  help  create  a  level 
playing field for transport operators within as well as across modes. 

In  spite  of  the  success  of  the  work  achieved  until  now  some  fundamental  questions  remain 
open. The full set of rights is not yet completely and correctly implemented. Passengers are 
not  yet  aware  of  the  rights  that  they  have,  or  they  give  them  up  in  frustration  because  it  is 
costly  and  cumbersome  to  defend  them.  National  authorities  still  apply  the  law  in  different 
ways, which confuses passengers and carriers alike and creates distortions in the market. In its 
2011 White Paper on Transport3, the Commission -by maintaining users and their mobility at 
the  heart  of  transport  policy-  has  therefore  insisted  on  the  need  to  reinforce  the 
implementation of current rules, improving them where necessary. This Communication is a 
first step towards consolidating the existing work. In parallel, the Commission is launching a 
public consultation on a possible revision of the air passenger rights regulation. 

The  White  Paper  advocates  the  promotion  of  a  competitive  and  sustainable  expansion  of 
collective  passenger  transport  based  on  optimised  intermodality  and  market  integration.  In 
this dynamic context, liberalisation has to go hand in hand with quality of service. Passengers 
can  expect  a  transport  service  that  guarantees  non-discrimination,  assistance  in  case  of 
disruption  of  their  journey,  transparency  of  travel  conditions,  dignity  of  treatment  and  full 
respect of the terms of their contract.  

To encourage citizens to shift in significant numbers from private to collective transport and 
to  choose  a  multimodal  journey  as  an  easy  and  reliable  alternative,  we  need  EU  passenger 
rights  legislation  that  ensures  uniform  access  conditions  for  passengers  and  a  basic  level  of 

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COM 370 (2001) 

Relevant EU Regulations on passenger rights: 

Air Transport 
- 261/2004 OJ L46/1 of 17.2.2004 the "Air Regulation" 
- 1107/2006 OJ L204/1 of 26.7.2006 
- 1008/2008 OJ L293/3 of 31.10.2008 
- 889/2002 OJ L140/2 of 30.5.2002 

Rail Transport 
- 1371/2007 OJ L315/14 of 3.12.2007 the "Rail regulation" 

Waterborne Transport 
- 1177/2010 OJ L334/1 of 17.12.2010 (applicable from 18.12.2012) the "Waterborne Regulation" 
- 392/2009 OJ L131/24 of 28.5.2008 

Road Transport (bus and coach) 
- 181/2011 OJ L55/1 of 28.2.2011 (applicable from 1.3.2013) the "Bus Regulation" 

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COM 144 (2011) 

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service  quality.  Passengers  need  to  feel  that  their  trip  will  not  be  an  uncertain  or  stressful 
event. 

This Communication - which draws on years of experience with applying the legislation and 
on the interpretations of the EU Court of Justice - aims at helping: 

– 

– 

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carriers towards a more coherent and effective application of EU law;  

national  authorities 
protection across all modes;  

towards  a  harmonised  enforcement  of  passenger 

passengers  towards  a  better  understanding  of  what  they  can  legitimately 
expect (and what they cannot) as minimum quality service when travelling.  

To  do  so,  it  summarises  in  a  simple  manner  the  rights  and  principles  which  apply  to  all 
modes. It also identifies some areas where further convergence of current legislation can be 
achieved and loopholes that can be filled, to pave the way for a consistent application of the 
law notwithstanding any future evaluation and interpretation of the regulations on passenger 
rights, notably those on waterborne and road transport, which are not yet in force. 

Additional  rights  for  passengers  derive  from  the  Charter  of  Fundamental  Rights,  the  EU 
consumer  rules,  the  Package  Travel  Directive  90/314/EEC,  national  contract  law  provisions 
and/or international conventions as transposed into EU law. 

This  Communication  is  part  of  the  Commission's  action  to  remove  obstacles  which  prevent 
citizens from effectively exercising their rights under EU law, launched by the EU Citizenship 
Report  20104.  It  is  also  one  of  the  measures  envisaged  in  the  Communications  on  a  Single 
Market Act5. 

II. 

REVIEW OF EU PASSENGER RIGHTS LEGISLATION 

The Air and Rail regulations are already in force. The Waterborne and Bus regulations will 
apply from December 2012 and March 2013, respectively, and how they work in practice will 
be assessed after that. In order to guarantee a fair and respectful treatment of passengers, the 
legislator has had two aims. First, to introduce a common set of passenger rights guaranteed 
by law for the four transport modes. Secondly, to allow the necessary distinctions due to the 
specific  characteristics  of  each  mode  and  their  markets,  related  to  the  industries  (company 
size,  revenues  or  number  and  frequency  of  routes)  and  passengers  (length,  price  and 
conditions of the trip) to ensure proportionality.  

Passenger  rights  are  based  on  three  cornerstones:  non-discrimination;  accurate,  timely  and 
accessible information; immediate and proportionate assistance. The following ten rights that 
stem from these principles form the core of EU passenger rights: 

(1)  Right to non-discrimination in access to transport 

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COM 603 (2010) 

COM 608 (2010) and COM 206 (2011)  

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(2)  Right to mobility: accessibility and assistance at no additional cost for disabled 

passengers and passengers with reduced mobility (PRM) 

(3)  Right  to  information  before  purchase  and  at  the  various  stages  of  travel, 

notably in case of disruption 

(4)  Right to renounce travelling (reimbursement of the full cost of the ticket) when 

the trip is not carried out as planned 

(5)  Right to the fulfilment of the transport contract in case of disruption (rerouting 

and rebooking) 

(6)  Right to get assistance in case of long delay at departure or at connecting points 

(7)  Right to compensation under certain circumstances 

(8)  Right to carrier liability towards passengers and their baggage 

(9)  Right to a quick and accessible system of complaint handling 

(10)  Right to full application and effective enforcement of EU law 

These rights are illustrated below and summarised in an annexed list of passenger rights, as a 
first  step  in  the  EU  passenger  transport  policy  moving  from  a  purely  modal  approach  to  a 
more intermodal vision. 

1. 

RIGHT TO NON-DISCRIMINATION IN ACCESS TO TRANSPORT 

1.1. 

Based on nationality 

Article  18  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)  prohibits 
discrimination  on  grounds  of  nationality.  This  applies  to  all  means  of  transport,  and  is 
reflected  in  the  Air,  Bus  and  Waterborne  Regulations  which  explicitly  protect  passengers 
against discrimination directly or indirectly based on nationality. 

More  specifically,  Regulation  (EC)  No  1008/2008  provides  that  the  access  to  fares  for  air 
services  shall  be  granted  without  discrimination  based  on  the  nationality  or  the  place  of 
residence  of  the  customer  or  the  travel  agent.  The  Bus  and  Waterborne  Regulations  grant 
similar  protection.  This  puts  an  end  to  a  practice  where  residents  of  one  Member  State  are 
unable to book on the website of the same carrier in another country. It also means that travel 
agents have access to the same fares irrespective of their geographical situation. 

1.2. 

Based on denied boarding 

To  avoid  practical  discrimination,  air  passengers  who  are  denied  embarkation  with  no 
reasonable  grounds  can  always  choose  between  reimbursement  or  re-routing  (at  the  earliest 
opportunity  or  rebooking  at  a  later  moment  at  the  passenger's  convenience),  to  receive  the 
appropriate  care  and  to  receive  compensation  or  benefits  agreed  with  the  carrier.  Bus 
passengers may have a right to compensation in case of denied boarding. In waterborne and 
rail transport denied boarding practices, notably because of overbooking, have until now been 
almost inexistent. This right is therefore not foreseen in these modes. 

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1.3. 

Based on disability and/or reduced mobility 

Disabled passengers and passengers with reduced mobility cannot be discriminated against on 
reservation, purchase of tickets and embarkation. Exceptions may only be made for reasons of 
transport  safety  or  because  of  the  physical  characteristics  of  the  transport  system  that  make 
transport physically impossible, but not for comfort or commercial issues of any sort. 

In  all  sectors,  where  a  derogation  is  used,  the  passenger  may  request  a  written  explanation 
which must be provided within 5 days of the request and reasonable efforts must be made to 
propose an acceptable alternative to the passenger. 

Rail,  maritime  and  bus  legislation  stipulates  that  reservations  and  tickets  shall  be  offered  to 
disabled passengers and passengers with reduced mobility at no additional cost (for example, 
where it is not possible to reserve an accessible seat on the internet, a free telephone number 
should  be  made  available).  Under  the  Air  Regulation,  assistance  must  be  provided  free  of 
charge, which means that extra reservation costs are prohibited. 

The Rail regulation states that an undertaking cannot require that a disabled passenger and a 
passenger with reduced mobility be accompanied by another person. If bus or ship passengers 
are denied boarding on grounds of disability they may request to be accompanied by another 
person to provide them with the necessary assistance to travel and who must be carried free of 
charge. The possibility for carriers to impose an accompanying person in the Air Regulation 
needs  to  be  applied  in  a  restrictive  way,  and  whenever  the  accompanying  person  must  be 
requested, carriers should facilitate this free of charge or at reduced costs. 

2. 

RIGHT  TO  MOBILITY:  ACCESSIBILITY  AND  ASSISTANCE  AT  NO  ADDITIONAL  COST 
FOR DISABLED PASSENGERS AND PASSENGERS WITH REDUCED MOBILITY  

The  scope  and  the conditions under  which assistance to disabled passengers and passengers 
with reduced mobility is provided at no extra cost differ between modes and are based on the 
different  operational  specificities  of  each  mode.  Appropriate  professional  training  for  staff 
dealing with these passengers is also essential. 

Guidelines on the implementation of provisions related to assistance for disabled passengers 
and passengers with reduced mobility in air transport under Regulation (EC) No 1107/2006 
will be presented by the Commission, before the Para-Olympic Games of 2012.  

Possibilities for disabled passengers and passengers with reduced mobility to pre-notify that 
they are travelling are crucial to improve the quality of assistance while decreasing its cost. 
This also applies to intermodal transport (e.g. a single pre-notification for a combined ticket 
for high speed train and flight). However, pre-notification is not yet always easy or possible in 
practice  -notably  on  the  internet-  and  is  sometimes  expensive  (phone  calls  with  a  toll).The 
Commission therefore encourages carriers to update their pre-notification tools to make them 
efficient and accessible, preferably by easy electronic means. 

Effective accessibility to a service also presupposes that information and reservation systems 
are provided in accessible formats (e.g. screen readers for visually impaired people), and on 
the basis of technical accessibility standards for vehicles and infrastructure including kiosks 

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and  terminals.  Technical  standards  on  accessibility  exist  at  EU  level  (PRM  TSI)6  for  the 
conventional  and  high-speed  railway  system.  Trains,  stations  and  relevant  parts  of  the 
infrastructure  that  comply  with  the  PRM  TSI  will  be  interoperable  and  thus  offer  a  similar 
level of access to disabled passengers and passengers with reduced mobility across the trans-
European network. 

In  road  transport,  Directive  2001/85  on  type  approval  for  buses  and  coaches  contains 
specifications for accessibility for passengers with reduced mobility and disabled persons. In 
maritime transport, Directive 2009/45/EC7 on safety rules and standards for passenger ships 
contains guidelines for ship construction and equipment to facilitate access of passengers with 
reduced mobility to the ship. However, European accessibility standards do not exist in air or 
for port side access to waterborne transport.  

The Commission is planning to propose a directive – the European Accessibility Act – with 
the  aim  of  improving  access  to  the  goods  and  services  markets  for  disabled  persons.  This 
would  give  the  Commission  the  opportunity  to  develop  a  general  set  of  standards  on  the 
accessibility  of  transport  infrastructure  and  services.  This  could  include  aspects  such  as 
ticketing, real-time travel information and on-line services. 

3. 

RIGHT  TO  INFORMATION  BEFORE  PURCHASE  AND  AT  THE  VARIOUS  STAGES  OF 
TRAVEL, NOTABLY IN CASE OF DISRUPTION 

Passenger  rights  to  information  cover:  general  information  on  issues  like  rights  and 
obligations  while  travelling,  on  accessibility  of  services  for  disabled  passengers  and 
passengers  with  reduced  mobility  and  on  carrier  quality  standards  and  performance;  and 
specific  information  on  the  journey  throughout  the  trip  (before  purchase,  before  and  during 
the journey, and in case of disruption). 

These  rights  should  be  implemented  using  state  of  the  art  communication  technology  while 
meeting  the  needs  of  disabled  passengers  and  passengers  with  reduced  mobility.  The 
Waterborne and Bus regulations refer to new electronic means of information, such as SMS. 
New  technologies  are  encouraged  for  all  modes,  e.g.  the  use  of  Smartphone  applications, 
websites as well as social media. 

Information which is currently an obligation  only for the operator  is also provided  by  other 
actors through their websites, and at airports, port terminals, train and coach stations. Timely 
and  more  effective  coordination  among  different  actors  in  the  transport  chain  (carrier, 
infrastructure  manager,  ticket  vendor,  service  providers.)  is  needed  to  avoid  contradictory 
information (e.g. airport website featuring "flight delayed", whereas the air carrier's website 
indicates "flight cancelled"). 

Appropriate information also needs to be made available to the public about passenger rights 
in general, such as the Commission specific information campaign in 2010. 

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Commission Decision 2008/164/EC OJ L64/72 of 7.3.2008 

OJ L163/1 of 25.6.2009 

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3.1. 

General  information  on  passenger  rights  and  on  quality  standards  and  the 
performance of carriers 

Consumer  association  and  Commission  reports  have  highlighted  that  the  publication  of 
operator  performance  reviews  and  passenger  satisfaction  surveys  would  allow  users  to 
compare  and  make  well  informed  choices;  encourage  competition  based  on  the  quality  of 
services;  and  facilitate  uniform  monitoring  and  enforcement  by  the  National  Enforcement 
Bodies (NEB). 

The  Rail  Regulation  includes  the  obligation  for  operators  to  report  on  how  the  minimum 
service  quality  standards  are  applied.  In  the  US,  big  air  carriers  are  subject  to  a  uniform 
system of reports that are collected and publicised by the US Department of Transportation, 
notably through monthly "Air Travel Consumer Reports"8.  

3.2. 

Transparent, accessible information on all the relevant aspects of the transport 
contract before the purchase of the ticket 

EU  legislation  foresees  the  provision  of  a  ticket  for  all  modes.  Details  of  legal  provisions 
vary. Whatever its format (including electronic), a ticket can be considered as entitlement to 
transport and hence it should cover: all indispensable features of a transport service; its price 
and at least a summary of the terms and conditions, including the clauses that allow unilateral 
changes to the contract (e.g. on no show policy, rescheduling) or that limit the service (e.g. 
luggage allowance); and the legal conditions related to PRM access to the journey. 

Transparent information on the full price of the ticket and on what is included in the service is 
essential  for  passengers  to  make  fully  informed  choices  before  buying  their  tickets,  while 
guaranteeing to carriers freedom of tariffs. While it is acceptable on open markets that some 
of the secondary services linked to passenger transport service (such as meals or the carriage 
of  large  luggage)  are  offered  outside  the  basic  fare,  passengers  currently  lack  certainty  on 
which  costs  and  features  are  included  in  the  basic  fare  and  whether  they  may  legitimately 
expect these features to be included in the basic transport service, in spite of existing rules on 
price transparency provided by Regulation (EC) No 1008/2008. This lack of certainty creates 
confusion for passengers and mistrust towards transport providers. It generates distortions of 
competition  where  national  legislators  and  judges  may  take  different  positions  as  whether 
such  a  new  practice  is  to  be  considered  as  abusive.  A  harmonised,  intermodal  vision  of  the 
content of the passenger transport service and of the elements of the price to be included in 
the basic fare for all transport modes is required. 

While  rules  for  price  indication  may  need  to  be  fine-tuned  for  different  modes,  one  option 
would be to define a hard core of passenger transport service to be consistently included in the 
basic  fare  regardless  of  the  mode.  This  would  cover  for  instance:  all  operational  costs 
indispensable to transport passengers (including those linked to the carrier's legal obligations 
such as safety, security and passenger rights) and all aspects essential for travelling from the 
passenger  perspective  (such  as  the  provision  of  tickets  and  boarding  cards  or  carrying  a 
minimum luggage and personal belongings). 

8 

http://airconsumer.ost.dot.gov/reports/index.htm 

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The  recent  Consumer  Rights  Directive9  is  expected  to  increase  transparency  for  passengers, 
especially when buying their transport tickets on-line. The Directive explicitly bans pre-ticked 
boxes,  internet  cost  traps  and  any  additional  charges  which  passengers  were  not  duly 
informed about in advance. Additionally, it prohibits traders from charging fees for the use of 
means of payment (e.g. credit  cards) that exceed the  cost  borne  by the  trader  for  the  use of 
these means. 

The Commission is conducting a study on the price transparency rules for airline tickets in the 
EU  to  assess  whether  these  fulfil  their  intended  purpose.  These  rules  aim  to  provide 
consumers with a more transparent price, including an easily identifiable final price and easy 
comparison with other offers. This study is expected to be published in 2012. 

3.3. 

Information during the journey and in case of disruption  

Passengers  should  be  kept  informed  before  and  during  the  journey  (e.g.  on  changes  in  the 
scheduled  times,  expected  arriving  time  at  connecting  points).  This  information  must  be 
provided as soon as possible in rail, and no later than 30 minutes after the scheduled time of 
departure in waterborne and bus transport. No such provision exists in air transport.  

Timely  and  accurate  information  gives  passengers  more  time  to  adapt  their  trip  to  the  new 
circumstances.  It  also  decreases  the  costs  linked  to  the  obligation  of  re-routing  and  care  by 
increasing the number of passengers who may instead decide to give up travelling (opting for 
reimbursement) or to postpone their trip (opting for re-booking). It also improves passenger 
trust and the image of the carrier. In addition to the information on the circumstances of the 
disruption  and  passengers'  rights  and  transport  alternatives  at  their  disposal,  carriers, 
themselves  or  via  representatives,  must  inform  passengers  about  how  and  who  they  should 
contact if they want to lodge a complaint. 

In the framework of the impact assessment of the Air Regulation and the public consultation 
accompanying this Communication, the Commission will assess the need for measures for the 
provision of timely information (i.e. concerning the journey and any possible disruption). 

4. 

RIGHT  TO  RENOUNCE  TRAVELLING  (REIMBURSEMENT)  WHEN  THE  TRIP  IS 
DISRUPTED 

The legislator has chosen not to define the notion of 'long delay' but to fix time limits after 
which passengers have the right to choose between two options:  

• 

• 

giving up travelling (reimbursement);  

asking  for  a  re-routing  that  allows  them  getting  to  their  final  destination  as 
close to the scheduled time as possible.  

The right to choose between reimbursement or rerouting is unconditional in all modes and it 
intervenes in all events, even in case of extraordinary circumstances. The time limits which 
trigger this set of rights vary according to the mode: 60 minutes for rail transport, 90 minutes 
for  maritime,  120  minutes  (2  hours)  for  road,  300  minutes  (5  hours)  for  air.  The  right  to 

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Directive 2011/83/EU, OJ L304/64 of 22.11.2011 

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reimbursement means the refund of the full price of the unused ticket within 7 days (air and 
waterborne transport) or within 1 month (rail and coach transport) and, where necessary, the 
return journey to the initial point of departure. 

5. 

RIGHT  TO  THE  FULFILMENT  OF  THE  TRANSPORT  CONTRACT  (RE-ROUTING  OR 
REBOOKING) IN CASE OF DISRUPTION 

Whenever the passenger chooses not to ask for the reimbursement of the full ticket price, he 
has the right to ask for the fulfilment of the transport contract and to be re-routed to the final 
destination. The re-routing to the final destination at the earliest opportunity can be provided 
under comparable transport conditions by the same or a different carrier or by another mode 
of collective transport. 

In air and rail transport the passenger has a third option: postponing the trip to a later stage 
(re-booking with the same carrier). This right is at the passenger's convenience and subject to 
the availability of seats. Although the option to choose re-routing at a later stage (re-booking) 
is  not  explicitly  included  in  the  Waterborne  and  Bus  regulations,  the  legislation  does  not 
preclude this possibility, as long as this is agreed with the passenger. If the passenger chooses 
reimbursement  or  re-booking  at  a  later  stage,  any  further  obligation  for  carriers  to  provide 
care ceases. 

Passengers often complain that they were not offered the triple choice between re-routing, re-
booking and reimbursement, but just received a reimbursement of the ticket. In any event and 
for  all  modes  of  transport,  the  passenger  has  the  choice,  which  must  be  offered  by  the 
operating carrier as soon as there is disruption. 

Both  the  choice  offered  by  the  carrier  and  the  option  accepted  by  the  passenger  should  be 
clear and non-equivocal. 

Given that improvising a solution on the spot is usually impossible in cases of disruption, the 
necessary  agreements  and  re-routing  plans  to  provide  efficient  alternatives  must  be  made 
beforehand, including the use of other carriers or modes of transport. Therefore, carriers must 
ensure  that  they  have  the  necessary  and  competent  staff  and  tools  at  the  terminal/station 
available  to  contact  the  passengers  and  to  allow  them  to  make  their  choice  quickly  and 
efficiently and as soon as there is a disruption. Situations where passengers are left stranded 
without any interlocutor still happen too often and must be severely prosecuted by NEBs. 

NEBs  should  ensure  that  carriers  of  all  modes  prepare  themselves  adequately  to  face 
situations of disruption by setting up effective systems to comply with passengers' rights and 
offer them alternative travel arrangements. 

6. 

RIGHT TO ASSISTANCE IN CASE OF LONG DELAY AT DEPARTURE OR AT CONNECTING 
POINTS 

Legislation  for  all  modes  establishes  a  minimum  level  of  care  to  be  provided  on  the  spot 
whenever  a  delay  reaches  the  time  limit  beyond  the  scheduled  time  of  departure.  For  all 
modes,  care  is  linked  to  the  waiting  time  resulting  for  long  delay  or  cancellation  and 
subsequent re-routing. It must be proportionate, reasonable and adapted to the circumstances 
of  the  disruption,  to  those  of  passengers  and  of  the  mode  concerned.  Minimum  delays 

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triggering a right to assistance vary: 60 minutes for rail; 90 minutes for waterborne and coach; 
from  120  up  to  240  minutes  for  air.  Care  must  be  provided  both  at  the  terminal  and/or  on-
board (e.g. refreshments and meals can be limited but must be provided on-board in case of 
tarmac delays or on the ship, especially for vulnerable passengers; access to the toilets and to 
adequate heating/cooling air conditioning must always be provided). 

Currently,  legislation  for  air  and  rail  transport  does  not  include  a  limitation  to  the  right  of 
accommodation, whereas this can be limited to €80 per night for three nights in waterborne 
transport and to €80 per night for two nights for coaches. 

Moreover, all forms of care (including provision of accommodation) are unconditional for air 
and  rail  transport  and  must  be  provided  even  in  case  of  extraordinary  circumstances.  As 
regards waterborne and Bus Regulations, adequate meals and refreshments must be provided 
in all events. However the provision of accommodation is excluded in some specific cases of 
extraordinary  circumstances:  for  waterborne  transport,  where  the  cancellation  or  delay  is 
caused  by  weather  conditions  endangering  the  safe  operation  of  the  ship  and,  for  coach,  in 
case  of  severe  weather  conditions  or  major  natural  disasters.  The  burden  of  proof  always 
belongs to the operators. 

As in the case of reimbursement or re-routing, NEBs should ensure that: 

– 

– 

carriers prepare themselves adequately to face situations of disruption by setting up 
effective systems of assistance to passengers and are always present or represented at 
the terminals whenever an incident occurs; 

in  the  context  of  the  impact  assessment  for  the  revision  of  the  air  regulation,  the 
opportunity of providing care to stranded air passengers within similar time-limits as 
in other modes will be assessed. 

7. 

RIGHT TO COMPENSATION 

Under certain conditions, the right to be compensated in an objective and standardised manner 
in case of long delay at arrival is part of the hard core of minimum quality standards for all 
modes. 

This  compensation  aims  at  reducing  the  inconvenience  suffered  by  all  passengers  by,  inter 
alia,  ensuring  a  minimum  relief  to  passengers  at  arrival  to  allow  them  to  cope  with  the 
immediate  discomfort  caused  by  the  unexpectedly  long  delay,  similar  to  the  assistance  they 
are entitled to while delayed at departure. 

7.1. 

Shared responsibility 

The legislator has chosen to centralise the provision of the rights to care and assistance in case 
of travel disruption on the operating undertaking. This does not mean, however, that it has to 
bear the financial burden alone, or that passengers are only entitled to these rights when the 
reason for the long delay can be attributed to the carrier. 

Experience has shown that many other actors in the transport chain may be the cause of the 
long  delay.  The  level  of  inconvenience  suffered  by  passengers  and  thus  their  right  to  be 
assisted remain the same regardless of the reason at the origin of the inconvenience or of who 

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is  responsible.  The  responsible  party  should  assume  the  financial  cost  linked  to  the 
compensation due to the passenger and reimburse it to the operating carrier. 

This principle of sharing responsibility has been poorly applied until now and should be better 
implemented. In the framework of the revision of the Air Regulation, measures to ensure that 
operating  undertakings  can  fulfil  their  obligations  while  financial  costs  will  be  correctly 
shared among all those responsible for the delay will be assessed. 

7.2. 

Extraordinary circumstances 

Air  and  waterborne  operators  may  not  have  to  compensate  when  the  disruption  is  due  to 
extraordinary  circumstances.  This  also  applies  to  bus  operators  when  they  have  effectively 
offered  the  choice  between  reimbursement  or  re-routing.  In  rail  transport,  this  is  the  case 
when  the  disruption  was  caused  by  the  fault  of  a  third  party,  of  the  passenger,  or  by 
circumstances not connected to railway operation and which the carrier could not avoid and 
whose  consequences  could  not  be  prevented.  It is  always  the  carrier  who  has  the  burden  of 
proof. 

The  conditions  under  which  compensation  is  due,  the  amount  and  the  circumstances  under 
which the operator can be exempted may differ, taking into account the specificities of each 
mode  and  the  different  needs  of  passengers,  i.e.  the  inconvenience  faced.  This  includes  for 
example,  differences  in  the  amount  of  time  lost  as  a  result  of  the  disruption  (minimum  one 
hour, in rail), the distance of the journey (air and waterborne transport), and the ticket price.  

A certain degree of interpretative convergence among modes has to be envisaged for the sake 
of  clarity  and  ease  in  the  application  of  the  rules  by  carriers  and  citizens'  understanding  of 
their  rights.  Two  kinds  of  situations  have  arisen  in  practice:  clear  cases  of  extraordinary 
circumstances  where  it  is  necessary  to  introduce  a  degree  of  proportionality  of  the  burden 
imposed on carriers for the provision of care (e.g. the closure of European air space during the 
volcano  crisis  in  2010);  other  cases  where  it  is  difficult  to  discern  quickly  and  easily  if 
extraordinary circumstances apply. However, examples have been provided by the legislator 
for air, waterborne and road transport in some recitals of the relevant regulations. Moreover, 
the  fact  that  the  EU  Court  of  Justice  has  clarified  that  a  technical  problem  in  an  aircraft  in 
principle  cannot  be  regarded  as  an  extraordinary  circumstance10  can  help  National 
Enforcement Bodies (NEBs) of all modes and the Commission to harmonise and speed up the 
application of this right. 

Passengers should be confident that the right to compensation will be rapidly provided by the 
operating carrier, once it has been clarified that no extraordinary circumstances apply to the 
case.  All  regulations  allow  payment  of  compensation  in  the  form  of  vouchers  or  any  other 
form only if agreed with the passenger. This possibility provides flexibility, rapidity and ease 
both for carriers and passengers. 

The  proportionality  of  economic  burden  on  the  industry  under  extraordinary  circumstances 
linked to the right to assistance will also be evaluated in the forthcoming impact assessment 
for the revision of the Air regulation. Regarding the full respect of the right to compensation, 

10 

Case C 549/07 Wallentin-Hermann of 22.12.2008 

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measures  to  provide  a  clearer  and  more  coherent  application  of  the  rules  on  extraordinary 
circumstances across all modes need to be taken. 

8. 

CARRIER LIABILITY TOWARDS PASSENGERS AND THEIR LUGGAGE 

In  all  modes  of  transport  except  bus,  liability  in  the  case  of  death  and  injury,  and  of 
mishandled luggage is covered by international conventions that are transposed into EU law11. 
In spite of the specificities of each mode and the relevant international framework, there are 
some common features. 

The international conventions include an individual right to compensation for damage. In case 
of disagreement between passenger and carrier the issue needs to be assessed in court in the 
light of the individual circumstances. By contrast, the EU passenger rights regulations do not 
take into account individual damage, but provide for a more direct and collective protection of 
passengers  to  alleviate  trouble  and  inconvenience,  where  the  standardised  and  immediate 
types  of  redress  are  defined  by  objective,  measurable  criteria,  such  as  the  duration  of  the 
delay, the ticket price or the distance of the journey. 

Both  legal  systems  are  therefore  separate  and  autonomous  and  deal  with  different  kinds  of 
damage  as  confirmed  by  the  ECJ12  for  aviation:  e.g.  the  Montreal  convention  governs  the 
conditions  under  which,  if  a  flight  has  been  delayed,  the  passengers  concerned  may  bring 
actions  for  damages  by  way  of  redress  on  an  individual  basis,  while  the  Air  Regulation 
provides for standardised and immediate compensatory measures.  

The  instruments  of  EU  law  fix  minimum  protection  for  financial  compensation  in  case  of 
death or injury based on different regimes of legal liability. This financial compensation is not 
automatic and must be claimed in a court procedure13. 

In all modes, carriers are liable for the transport of baggage in the event of loss, damage or 
delay,  except  under  certain  conditions  determined  by  law  generally  related  to  the 
circumstances of the incident and the efforts to prevent or limit the damage. The legislation in 
each mode of transport tends to set up specific minimum amounts of compensation in case of 
luggage problems.  

There are specific rules to protect disabled passengers and passengers with reduced mobility 
in case of loss, damage or delay of mobility equipment, notably by excluding a compensation 
limit but by relating the compensation to the cost of repair or replacement of the actual piece 

11 

12 

13 

The  Montreal  Convention  and  Regulation  (EC)  No  889/2002  in  air  transport;  the  Athens  Convention 
and  Regulation  (EC)  No  392/2009  in  waterborne  transport;  the  International  Convention  for  the 
transportation  of  passengers  (CIV),  the  Uniform  Rules  of  the  Convention  concerning  international 
carriage by rail (COTIF) and Regulation (EC) No 1371/2007 in rail transport. 

C-344/04 IATA of 10.01.2006; C-549/07 Wallentin-Hermann; Joined Cases C-402/07 Sturgeon e.a. and 
C-432/07 Böck and Lepuschitz of 19.11.2009. 

There  are  also  automatic  advance  payments  determined  under  EU  and/or  international  relevant 
Conventions, with minimum values of € 21 000 for rail and waterborne transport, and 16 000 SDR for 
air transport (approx € 17 600). For bus transport there is no advance payment but the operator must 
provide immediate assistance to the victims of an accident. 

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of mobility equipment. This does not apply to aviation, where, as the Commission signalled in 
200814, such a legal vacuum needs to be rapidly overcome.  

NEB  appointed  under  the  regulations  in  the  rail  and  road  sectors  are  competent  to  ensure 
compliance  with  the  provisions  on  carrier  liability.  This  is  not  the  case  in  maritime  and 
aviation. This means that, contrary to all other complaints related to air passenger rights, the 
numerous  complaints  related  to  mishandled  luggage  are  not  dealt  with  by  appointed  NEB. 
This affects legal certainty and homogenous handling of such issues at EU level.  

This  legal  vacuum  on  luggage  and  mobility  equipment  issues  will  be  addressed  in  the 
forthcoming impact assessment for the revision of the Air regulation. 

9. 

RIGHT TO A QUICK AND ACCESSIBLE SYSTEM OF COMPLAINT HANDLING 

When passengers of all modes are dissatisfied with a carrier's application of their rights, they 
have the right to complain first to the carrier and, if still dissatisfied, to the competent body 
appointed  as  NEB  to  fulfil  this  task.  The  European  Consumer  Centres  Network  provides 
valuable  assistance  to  travellers  who  need  information  and  guidance  in  case  of  travel 
disruption.  

Experience  has  shown  the  importance  of  fixing  time  limits  for  complaint  handling  both  for 
operators  and  NEBs.  Consumer  organisations  have  repeatedly  complained  both  about  the 
carriers'  and  NEBs'  complaint  handling  performance  notably  in  air  transport.  Since  the  Air 
Regulation  does  not  include  legal  time  limits  for  complaint  handling,  the  Commission 
encouraged  voluntary  agreements  on  such  time  limits  which  were  concluded  in  200715.  As 
experience has shown that they are not widely respected16, the EU legislators have established 
compulsory  time  limits  in  subsequent  legislation.  The  Rail  regulation  fixes  deadlines  for 
railway  operators  but  not  for  NEB;  and  the  new  Waterborne  and  Bus  regulations  set  time 
limits  for  complaint  handling  for  both  operators  (respectively  two  and  three  months)  and 
NEBs ("reasonable time"). 

It is in the interest of all parties that the rights of a large majority of dissatisfied passengers are 
redressed  by  using  the  carriers'  complaint  procedures.  The  information  provided  by  the 
operator to passengers must therefore be accurate and legally correct. Competent authorities 
have  to  monitor  that  carriers  comply  with  this  obligation.  Misleading  or  incomplete 
information  may  discourage  passengers  from  pursuing  the  fulfilment  of  their  rights.  This 
represents a major breach of the law that NEBs have to -if necessary- sanction, on the basis of 
the  relevant  EU  and  national  rules.  Moreover,  passengers  cannot  understand  why  carriers 
which use state of the art information technology for publicity and ticket selling can only be 
reached  for  complaints  by  very  traditional  means  of  communication  such  as  international 
telephone calls or fax. 

– 

14 
15 
16 

The impact assessment for a revision of the Air Regulation will assess measures to 
ensure that carriers set up easily accessible (in terms of costs, modalities, deadlines, 

COM 158 (2008)  

http://ec.europa.eu/transport/passengers/air/air_en.htm 

COM 174 (2011) 

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etc.)  tools  for  passengers  including  passengers  with  reduced  mobility  to  lodge  and 
follow  up  complaints,  as  well  as  the  need  for  carriers  and  NEBs  to  provide  more 
statistical  data  (i.e.  on  the  number  of  passenger  complaints  they  have  handled  and 
settled) and to handle complaints in a set time limit.  

For the rail sector voluntary agreements on time limits for complaint handling have 
to be sought, since they are already applicable to the other modes. 

RIGHT  TO  FULL  APPLICATION  AND  EFFECTIVE  ENFORCEMENT  OF  EU  PASSENGER 
RIGHTS 

– 

10. 

Enhanced cooperation between NEBs of all modes is needed to ensure a coherent application 
and  enforcement  of  passenger  rights.  Member  States  must  detect  and  remove  any  national 
laws  and  procedures  that  hamper  the  correct  enforcement  of  EU  law,  for  instance  if  non 
national EU carriers cannot be prosecuted or if ECJ jurisprudence cannot be applied correctly. 
This would not only improve legal certainty for passengers but also establish a level playing 
field  for  internationally  operating  carriers.  The  previous  communications  on  air  passenger 
rights17 have identified areas which will deserve particular attention also in the other modes. 

Efficient  enforcement  requires  active  monitoring  by  NEBs  in  addition  to  reactive  measures 
based  on  individual  passenger  complaints.  The  Commission  will  analyse  national  penalty 
schemes  to  see  whether  the  three  applicable  criteria  for  sanction  schemes  (to  be  effective, 
proportionate and dissuasive) are sufficient to avoid discrepancies in enforcement at national 
level  or  whether  further  harmonisation  is  needed  to  provide  carriers  with  an  economic 
incentive  to  comply  with  passenger  rights  legislation  and  to  ensure  a  proper  level  playing 
field, as requested by stakeholders. 

Furthermore, passengers should have access to easy and affordable means of redress when a 
problem  occurs.  Out  of  court  settlements  such  as  ADRs  (Alternative  Disputes  Resolution) 
schemes18 but also national or European small claims procedures (such us the one set up by 
Regulation (EC) No 861/200719) are generally less costly for passengers. 

III. 

OTHER  INITIATIVES  FACILITATING  SMOOTH  TRAVEL  IN  THE  EU  AND  BEYOND: 
INTERMODALITY, MOBILITY CONTINUITY PLANS AND INTERNATIONAL DIMENSION  

Intermodality enhances the effectiveness of passenger protection by facilitating re-routing or 
by  providing  appropriate  information  on  intermodal  travel  connections  at  the  earliest 
possibility,  notably  (but  not  only)  in  case  of  massive  transport  disruptions.  Intermodal  re-
routing also helps to reduce inconvenience for passengers and costs for industry by reducing 
the time during which passengers must be taken care of. The provision of 'through tickets' (i.e. 
a  single  transport  contract  for  several  legs  within  one  mode)  and  integrated  tickets 
(establishing a transport contract for an intermodal travel chain) facilitate travel and enhance 
passenger rights.  

17 
18 
19 

EN 

COM 166 (2011) and COM 174 (2011) 

See Commission proposals of 29.11.2011, COM(2011) 793 and 794 

OJ L 199/1 of 31.07.2007 

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As  multimodal  transport  becomes  a  reality,  through  for  example  the  integration  of  carrier 
contracts, the legislative framework for passenger rights will need to be adapted to tackle the 
issue  of  disruption  at  connecting  points  in  an  intermodal  journey.  The  ITS  Directive20 
includes the development of binding specifications for the provision of EU-wide multimodal 
travel  information  services.  The  Rail  regulation  obliges  railway  undertakings  and  ticket 
vendors to adapt their computerised travel information and reservation systems in accordance 
with a set of common standards adopted in 201121 ("TAP TSI") in order to enable an EU wide 
provision of accurate travel information and ticketing services. These standards will provide 
for interfaces for the inclusion of other modes. 

The  ash  cloud  crisis  and  the  weather  related  disruptions  in  2010  that  affected  planes,  trains 
and  road  transport,  have  highlighted  the  need  for  more  flexibility  in  Europe's  transport 
systems  and  for  more  effective,  intermodal  solutions  to  preserve  the  mobility  of  passengers 
and  businesses,  through  enhanced  preparedness,  coordination  and  cooperation  between  all 
actors involved. 

The authorities of the largest air transport markets [United States, Canada] are also enhancing 
air passenger rights. Other European and North African countries will apply EU regulations as 
part of their bilateral or multilateral aviation agreements with the EU. However, the EU is so 
far the only part of the world where there are minimum standards across all transport modes, 
which  benefit  all  passengers  in  Europe,  including  third  country  nationals  travelling  on 
transport services covered by EU regulations. 

To  improve  passenger  protection  beyond  EU  borders,  passenger  rights  issues  will  be 
addressed  in  bilateral  and  international  agreements  for  all  modes  of  transport,  as  laid  out  in 
the White Paper.  

IV. 

CONCLUSIONS 

The  same  core  principles  and  rights  have  been  introduced  in  all  transport  modes  to  make 
travelling  in  the  EU  an  easier  and  more  pleasant  experience,  by  increasing  the  quality  of 
services, protection of travellers and the attractiveness of European transport industry.  

These passenger rights will remain an integral part of the European vision of transport policy 
even if conditions and modalities of application vary and evolve. 

The main objective now is to make these rules easily understandable and to consolidate their 
implementation and enforcement in all modes of transport to ensure a convergent approach in 
this  area.  The  Commission  will  continue  working  on  both  regulatory  and  non-regulatory 
issues to enhance effective passenger protection and to ensure that EU legislation is applied in 
a proportionate and effective manner. 

First,  in  coordination  with  the  ongoing  revision  of  the  Package  Travel  Directive 
(90/314/EEC), the Commission will analyse in 2012 whether to propose to modernise the first 
regulation in passenger rights: Regulation (EC) No 261/2004 on aviation. Together with this 

20 
21 

Directive 2010/40/EU OJ L207/1 of 6.8.2010 

Regulation (EU) No 454/2011, OJ L123/11 of 12.5.2011 

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Communication, the Commission launches a public consultation on a set of questions relevant 
for this revision. 

Second,  the  Commission  will  work  with  NEBs  to  agree  on  guidance  for  applying  EU  law, 
notwithstanding  any  future  interpretation  of  the  EU  Court  of  Justice:  first  for  the  smooth 
application  of  the  Regulation  for  Air  disabled  passengers  and  passengers  with  reduced 
mobility,  notably  in  view  of  the  Olympic  and  Paralympics  Games  in  2012;  then  for 
passengers in rail (2013), waterborne (2014) and road transport (2015). 

At  the  same  time,  the  Commission  will  enhance  enforcement  action  through  reinforced 
cooperation  with  NEBs  and  more  systematic  exchange  of  good  practices,  information  and 
statistics with NEBs and stakeholders. The Commission will also examine together with third 
countries how to extend the application of EU principles of passenger protection to journeys 
outside the EU. 

In  the  shorter  term,  passengers  need  to  know  and  understand  their  rights.  They  need  to  be 
confident  that  they  will  be  applied  and  that  authorities  will  effectively  protect  them  if 
necessary. The attached list summarises and presents a clear and concise overview of the main 
EU Passenger Rights. 

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ANNEX 

MAIN EU PASSENGER RIGHTS

22 

1. 

RIGHT TO NON-DISCRIMINATION IN ACCESS TO TRANSPORT 

All  passengers  have  equal  access  to  transport  and  are  in  particular  protected  against 
discrimination based on nationality, residence or disability. 

2. 

RIGHT TO MOBILITY ACCESSIBILITY AND ASSISTANCE AT NO ADDITIONAL COST FOR 
DISABLED PASSENGERS AND PASSENGERS WITH REDUCED MOBILITY (PRM)  

PRM  have  the  right  to  be  assisted  at  no  additional  cost  when  travelling  by  all  modes  of 
transport in order to allow them to enjoy the same possibilities to travel as other citizens. 

3. 

RIGHT  TO  INFORMATION  BEFORE  PURCHASE  AND  AT  THE  VARIOUS  STAGES  OF 
TRAVEL, NOTABLY IN CASE OF DISRUPTION 

Passengers  have  the  right  to  be  correctly  informed  of  the  ticket  price,  their  rights  and  the 
circumstances of their journey in a timely and relevant manner before the journey as well as 
during and after the travel in case of disruption. 

4. 

RIGHT  TO  RENOUNCE  TRAVELLING  (REIMBURSEMENT)  WHEN  THE  TRIP  IS 
DISRUPTED 

In the event of long delayed, cancelled travel or denied boarding, passengers have the right to 
the reimbursement of the full ticket price.  

5. 

RIGHT  TO  THE  FULFILMENT  OF  THE  TRANSPORT  CONTRACT  (REROUTING  OR 
REBOOKING) IN CASE OF DISRUPTION 

In the event of long delayed, cancelled travel or denied boarding, passengers have the right to 
receive  an  alternative  service  of  transport,  as  soon  as  possible,  or  to  rebook  at  their  best 
convenience. The choice must be offered by the carrier as soon as the disruption takes place, 
in a clear and uncontroversial way. 

6. 

RIGHT  TO  GET  ASSISTANCE  IN  CASE  OF  LONG  DELAY  AT  DEPARTURE  OR  AT 
CONNECTING POINTS 

Stranded passengers have the right to be provided a minimum level of care immediately, on 
the  spot  at  terminals/stations  and/or  on  board  while  waiting  for  the  beginning  or  the 
continuation of the delayed journey or for their rerouting.  

22 

The present document has only an illustrative purpose. It is not legally binding. 

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7. 

RIGHT TO COMPENSATION 

Under  certain  conditions  in  case  of  long  delayed  or  cancelled  travel  and  always  in  case  of 
denied boarding in air, passengers are entitled to a standardised financial compensation for the 
trouble suffered.  Such compensation varies for each mode according to the time lost due to 
the disruption, the distance of the journey and/or the ticket price. 

8. 

RIGHT TO CARRIER LIABILITY TOWARDS PASSENGERS AND THEIR LUGGAGE 

Under  International  conventions  and  EU  Law,  carriers  are  liable  for  passengers  and  their 
luggage.  In  case  of  death,  injury  and  baggage  problems  and  in  some  cases  of  delay, 
passengers may be entitled to compensation to be determined according to the damage they 
suffered. Such compensation can be limited depending on the applicable law.  

9. 

RIGHT TO A QUICK AND ACCESSIBLE SYSTEM OF COMPLAINT HANDLING 

Passengers have the right to lodge a complaint with the carrier if dissatisfied. In case of lack 
of answer after a certain time-limit, or dissatisfaction with the carriers' answer, they have the 
right  to  lodge  a  complaint  within  the  competent  National  Enforcement  Body,  which  should 
treat it within a reasonable timeframe. Out of Court and Court procedures are also available 
under EU and national law (e.g. Alternative Dispute Resolution systems, national or European 
Small Claim Procedure at Court). 

10. 

RIGHT  TO  FULL  APPLICATION  AND  EFFECTIVE  ENFORCEMENT  OF  EU  PASSENGER 
RIGHTS 

Passengers  have  the  right  to  count  on  a  proper  application  by  carriers  and  on  an  effective 
enforcement of EU rules from National Enforcement Bodies. 

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