PRAVNI ZAPISI • Year II • No. 2 • pp. 430-446
NEW EU RIGHTS OF PASSANGERS IN BUS AND COACH TRANSPORT
Prof. dr Damnjanović Katarina
Vanredna profesorka, Pravni fakultet Univerziteta Union u Beogradu
Pravni zapisi, No. 2/2011, pp. 430-446
rights of passengers in bus transport; carrier; passengers; persons with disabilities and reduced mobility; equipment for persons with disabilities; bus; bus transport service
The object of the present article is the analysis of the EU Regulation No 181/2011 adopted on 16 February 2011 concerning the rights of passengers in bus and coach transport. This regulation establishes rules for the rights of passengers when travelling by bus and coach transport. Subject to certain exceptions, this regulation applies to passengers travelling with regular services or non-specified categories of passengers where either the boarding or the alighting point is within the European Union (EU) and where the scheduled distance of the service is 250 km or more. The provisions of this regulation will apply as from 1 March 2013. The new rights applicable to long distance services (i.e. of more than 250 km) include, amongst others: adequate assistance (snacks, meals and refreshments as well as, if necessary, up to two nights’ hotel accommodation, for a total amount of € 80 per night, except in case of severe weather conditions and major natural disasters) in situations of cancellation or following a delay of more than 90 minutes in the case of a journey of more than three hours; guarantee of reimbursement or rerouting in situations of overbooking or in case of cancellation or following a delay of more than 120 minutes from the estimated time of departure; compensation of 50% of the ticket price following more than 120 minutes’ delay from the estimated time of departure, cancellation of a journey and if the carrier fails to offer the passenger either rerouting or reimbursement; information when the service is cancelled or delayed in departure; protection of passengers in case of death, injury, loss or damage caused by road accidents, particularly with regard to immediate practical needs; specific assistance free of charge for disabled persons and persons with reduced mobility both at terminals and on board. Additionally, the following rights will be applicable to all services including the services below 250 km: non-discrimination based either directly or indirectly on nationality; non-discriminatory treatment of disabled persons and persons with reduced mobility as well as financial compensation for loss or damage of their mobility equipment in case of accident; minimum rules on travel information for all passengers before and during their journey as well as general information about their rights in terminals and online; where feasible, this information shall be provided in accessible formats upon request, in the interest of the persons with reduced mobility; a complaint handling mechanism established by carriers and available to all passengers; etc.