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National Transport Authority Makes Decision Concerning the Cancellation of Sailings on the WB Yeats Vessel in Summer 2018

The National Transport Authority (the “Authority”), as the National Enforcement Body for the enforcement of EU Regulation 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 (EC) No 2006/2004 (the “Maritime Regulation”) has made a decision in relation to the cancellation of all summer 2018 sailings on the WB Yeats vessel, by Irish Ferries.

The Authority formed an opinion that Irish Ferries has failed and is failing to comply with (and has infringed and is infringing) Article 18 and Article 19 of the Maritime Regulation.

A copy of the Authority’s reasoned decision and the Notices served on Irish Ferries are available here. Irish Ferries are required to take the measure(s) outlined in Notices within a period of 2 months.  Impacted passengers should contact Irish Ferries if the measure(s) relate to them.

Passengers who have been impacted by the cancellations may be entitled to payment of certain travel expenses (Article 18) and/or compensation (calculated by reference to the ticket price) in the event of delay in arrival (Article 19) under the Maritime Regulation, depending on the passenger’s circumstances.

The Authority’s decision is in relation to the rights of passengers under the Maritime Regulation.  Nothing in the Maritime Regulation precludes passengers from seeking damages in accordance with Irish law in respect of loss resulting from cancellation or delay of transport services before national courts.

Further Documentation available below;

Board Decision 25th Jan

Regulation 42  Notice re. Article 18 Notice

Article 18 Notice as confirmed

Regulation 42 Notice re. Article 19 Notice

Article 19 Notice as confirmed

Board Decision 19th Oct

Passengers rights when travelling by sea and inland waterway

The Council of the European Union and the European Parliament through Regulation 1177/2010 created rights for passenger when travelling by sea and inland waterway.

Rights under the Regulation apply from 18 December 2012.

The Regulation applies:

  • to vessels certified to carry more than 12 passengers and operated by a European Union Carrier;
  • where passengers must first direct their complaint to the relevant carrier or terminal operator;
  • where complaints are submitted to the carrier or terminal operator within 2 months of the date on which the service was performed or should have been performed. The Regulation includes provisions on non-discrimination and assistance for people with disabilities and reduced mobility similar to those already in force for rail and air passengers.

Information notes summarising Regulation 1177/2010 and its requirements have been prepared for stakeholders:

The Information Note for Passengers answers questions regarding:

  • What types of ships / services are affected by Regulation No. 1177/2010?
  • What information should I receive if my ferry is delayed or cancelled?
  • Am I entitled to compensation in the case of delay or cancellation?
  • As a disabled passenger /passenger with reduced mobility, what are my rights to transport?
  • Are there any exceptions to the above right to transport?
  • As a disabled passenger/passenger with reduced mobility, what sort of assistance am I entitled to?
  • What is the position when a disabled passenger/passenger with reduced mobility needs to be accompanied by another person?
  • What are the prior notification requirements if I need assistance during my journey?
  • What happens if mobility equipment is lost or damaged?

Other information notes for Carriers (Ship operators) and Terminal Operators/Port Operators have also been prepared.

What should passengers do if they feel their rights under Regulation 1177/2010 have been infringed?

Passengers should direct their complaint to the relevant carrier or terminal operator or the National Transport Authority.

  • Complaints need be submitted within 2 months of the date on which the service was performed or should have been performed.
  • You must receive a response within 1 month to inform you whether the complaint has been upheld, rejected or remains under investigation. A final reply must issue within 2 months of the date of receipt of the passenger’s complaint.

 

To refer your complaint to the National Transport Authority please contact:

National Transport Authority

Maritime Passenger Rights

Dún Scéine

Harcourt Lane

Dublin 2

telephone: +353 (0)1 879 8300

Or fill in the form here – Passenger Rights Complaint Form

 

NTA- Privacy Notice for Passengers’ Rights

 

For more information:

Information Note for Passengers

Information Note for Carriers (Ship operators)

Information Note for Terminal Operators/Port Operators

 

National Enforcement Body Reports

National Enforcement Body Report 2017

National Enforcement Body Activity Report 2015