Following the COVID-19 pandemic and the impact it has, the European Commission launched a set of guidelines, presenting the certain provisions of the EU passenger rights legislation apply in the context of the COVID-19, notably with respect to cancellations and delays.
In reference to EU’s guidelines, the Cyprus Ministry of Shipping republished the guidelines, with Acting Permanent Secretary Shipping Deputy Ministry to the President commenting that
I refer to the above subject and I wish to inform you that due to the significant impact of the Covid -19 outbreak on tourism and transport in view of the containment measures taken by governments such as travel restrictions, lock-downs and quarantize zones…
Specifically, the guidelines cover 4 specific regulations:
- Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation
- Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations
- Regulation (EU) No 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
- Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.
When it comes to maritime and inland waterway passenger rights, it is highlighted that passengers must be informed of the situation as soon as possible and in any event not later than 30
minutes after the scheduled time of departure and of the estimated departure time and estimated arrival time as soon as that information is available.
Where a carrier reasonably expects a passenger service to be cancelled or delayed in departure from a port terminal for more than 90 minutes, the carrier must offer passengers a choice between two possibilities:
- re-routing to the final destination under comparable conditions, as set out in the transport contract, at the earliest opportunity and at no additional cost or
- reimbursement of the ticket price and, where relevant, a return service free of charge to the first point of departure, as set out in the transport contract, at the earliest opportunity.
Without losing the right to transport, passengers may request compensation from the carrier if they are facing a delay in arrival at the final destination as set out in the transport contract. The minimum level of compensation must be 25 % of the ticket price for varying delays, in function of the scheduled duration of the journey. If the delay exceeds double that duration, the compensation must be 50 % of the ticket price.
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