IRISH FERRIES CANCELLATIONS OF THE W B YEATS SAILINGS 12 JULY 2018 TO 17 SEPTEMBER 2018 – KNOW YOUR RIGHTS IF AFFECTED
The National Transport Authority as the designated enforcement body for the purposes of Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when traveling by sea and inland waterways and amending regulation (EC) No. 2006/2004 (the “Regulation”) is advising passengers that may be impacted by the above cancellations to consider their rights under the Regulation.
Article 19 of the Regulation provides that 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 level of compensation depends on the length of delay experienced in arrival at the final destination and the scheduled duration of the journey.
Article 20(4) of the Regulation provides that “Article 19 shall not apply where the carrier proves that the cancellation or delay is caused by weather conditions endangering the safe operation of the ship or by extraordinary circumstances hindering the performance of the passenger service which could not have been avoided even if all reasonable measures had been taken.”
Article 24(2) of the Regulation which deals with complaints states as follows:- “Where a passenger covered by this regulation wants to make a complaint to the carrier or terminal operator, he shall submit it within two months from the date on which the service was performed or when a service should have been performed. Within one month of receiving the complaint, the carrier or terminal operator shall give notice to the passenger that his complaint has been substantiated, rejected or is still being considered. The time taken to provide the final reply shall not be longer than two months from the receipt of a complaint”.
The National Transport Authority is continuing its enquiries into the circumstances giving rise to the cancellations that have occurred and their consequence so as to ensure that the provisions of the Regulation, where applicable, have been complied with.