Summary of passenger rights in bus and coach transport, report on enforcement of the Regulation

Summary of passenger rights in bus and coach transport, report on enforcement of the Regulation
13/10/2023 08:44:15Rights of passengers
Summary of passenger rights in bus and coach transport, report on enforcement of the Regulation

Regulation (EU) No. 181/2011 (hereinafter referred to as the "regulation") entered into force on March 1, 2013. This regulation establishes a minimum set of rights for passengers in bus and coach transport in the European Union.
In principle, the Regulation applies to "regular services" (in other words, services provided at specified intervals and on specified routes, where passengers can board and disembark at predetermined stops) for unspecified categories of passengers, if their point of embarkation or point of disembarkation is on territory of a member state.

Here you will find an interactive signpost for solving problems arising during the transport of passengers in bus and coach transport.

Bus passenger rights - Your Europe (europa.eu)
https://europa.eu/youreurope/citizens/travel/passenger-rights/bus-and-coach/index_en.htm
Out-of-court consumer dispute resolution | MPO

To file a complaint, you can use the attached form in Czech or English.

There is also a mobile phone app developed by the European Commission:

Passenger rights - Apps on Google Play
Passenger rights on the App Store (apple.com)

The following basic rights apply to all regular services, regardless of the transport distance according to the timetable:


• non-discriminatory transport conditions,
• access to transportation for persons with disabilities and persons with reduced mobility without any additional costs and financial compensation for loss or damage to equipment enabling the movement of these persons,
• minimum rules regarding travel information for all passengers before and during the trip, as well as general information about their rights,
• a complaint handling mechanism introduced by carriers and made available to all passengers,
• national entities, i.e. the Ministry of Transport, the relevant transport and trade authorities, which have the authority to enforce the regulation and possibly impose sanctions, viz. § 34f of Act No. 111/1994 Coll., on road transport (hereinafter referred to as the "Road Transport Act").
• If the transport distance according to the timetable is 250 km or more (hereinafter referred to as "long-distance scheduled transport"), the following rights also apply to scheduled transport:
• issuance of an (electronic) transport document or other document authorizing transport,
• compensation and assistance in the event of death, injury, loss or damage caused by accidents,
• information in case of cancellation of the connection or delay in departure,
• the right to reimbursement of the full price of the fare or rerouting in case of cancellation or long delay of the connection (does not apply to domestic scheduled transport),
• compensation of up to 50% of the fare if the carrier did not offer the passenger the option to decide between reimbursement of the fare and rerouting in the event of cancellation or long delay of the connection (does not apply to domestic scheduled transport),
• special assistance without any additional costs for disabled people and people with reduced mobility in bus terminals and in vehicles.

Overview of passenger rights in bus and coach transport

1) The right to non-discriminatory transport conditions

Everyone has the right to purchase transport documents for bus and coach transport services without any direct or indirect discrimination based on the nationality or place of establishment of carriers or sellers of transport documents in the Union.
In the case of long-distance scheduled transport, the carrier issues a transport document to the passenger (it can also be issued in electronic form), if no other document authorizes it for transport.

2) Right to information

When traveling by regular bus and coach transport, every passenger has the right to obtain adequate information throughout the duration of the trip. This right includes the right to information about passenger rights and the contact details of national enforcement bodies.
All relevant general information and conditions of carriage must be available in a form accessible to persons with disabilities and persons with reduced mobility (eg large print, plain language, Braille or audio tapes).
In addition, if the departure of a long-haul service is canceled or delayed, the carrier and, where appropriate, the terminal operator shall inform passengers departing from the terminal of the situation as soon as possible, but in any case no later than 30 minutes after the scheduled time of departure, and of the estimated time of departure immediately, as soon as this information is available. If passengers miss a connecting bus due to cancellation or delay, the carrier, or the terminal operator, will make reasonable efforts to inform the passenger in question about alternative connections. The carrier must also provide this information to the passenger by electronic means, if the passenger has requested it and provided the necessary contact information to the carrier.

3) The right to compensation and assistance in the event of accidents

Persons traveling on long-distance regular transport are entitled to compensation in the event of death, injury, as well as in the event of loss or damage to luggage as a result of an accident that occurred in connection with the use of bus or coach transport. The terms and amount of compensation are governed by applicable national law and the regulation only sets certain minimum amounts. This financial compensation is not automatic, it must be claimed in national courts.
In addition, after an accident, the carrier will provide passengers on long-haul services with adequate and reasonable assistance with regard to their immediate practical needs. This assistance includes accommodation, food, clothing, transport and first aid provision if necessary. This paragraph shall not apply to domestic scheduled transport.

4) The right to continuation, rerouting and reimbursement of the fare in case of cancellation or long delay of the service

  If a long-distance scheduled service is overbooked or if the carrier reasonably expects the service to be delayed by more than 120 minutes compared to the scheduled departure time or to be cancelled, passengers have the right to choose between:

• by redirecting to the final destination at the earliest opportunity, without any additional costs and under comparable conditions a
• reimbursement of the full fare, possibly together with free return transportation at the earliest opportunity to the original point of departure specified in the transportation contract.

The same right of withdrawal also applies in the event of a cancellation or delay of the train departure from the stop by more than 120 minutes.
If the carrier does not offer the passenger either a fare refund or rerouting in the above situation, the passenger has the right to compensation in the amount of 50% of the fare price.
This right to compensation and possible fare reimbursement does not prevent passengers from claiming compensation for damage caused by the cancellation or delay of a scheduled service in national courts in accordance with national law.
If a bus or coach breaks down during the trip, the carrier must send another bus or coach to the place where the original vehicle broke down and transport the passengers to their destination or to a suitable waiting place or terminal from where the journey can be continued.
Point No. 4 does not apply to domestic scheduled transport.

5) The right to assistance in case of cancellation or delay of departure

In the case of a long-distance scheduled service with a journey of more than three hours, passengers are entitled to adequate assistance, including light meals, meals and refreshments and, if necessary, accommodation, in the event of a cancellation of the service or a delay of more than 90 minutes (carriers may limit the total cost of accommodation at EUR 80 per night and for a maximum of two nights and are not obliged to pay accommodation costs in the event that the cancellation or delay is due to weather conditions or major natural disasters).
Point. No. 5 does not apply to domestic scheduled transport.

6) The right of passengers with disabilities and passengers with reduced mobility

In addition to general passenger rights, disabled persons and persons with reduced mobility have the following rights when using regular bus and coach transport, which allows them to travel in the same way as other citizens:
a) The right to access transport without any additional costs for persons with disabilities and persons with reduced mobility
Carriers, tourism service intermediaries or providers of comprehensive tourism services may not require any additional fees from persons with disabilities and persons with reduced mobility for booking and transport documents.
They may also not refuse to accept a reservation, provide a transport document or board a person due to a disability or reduced mobility. The only exception may be the situation where the transport of a person with a disability or reduced mobility would not be in accordance with the applicable legal regulations regarding the safety of passengers and with the health and safety requirements set by the competent authorities, or where it would make the transport of the person in question impossible in a safe and operationally feasible manner construction of a bus, coach or transport infrastructure.
If the carrier, tourism service intermediary or provider of comprehensive tourism services refuses to accept a reservation, provide a transport document or board a passenger on a long-distance scheduled transport route for the above reasons, they must immediately inform the passenger of the reasons for the refusal and, if the passenger requests it, provide him given information in writing. If he refuses to accept the reservation or provide a transport document, he must also inform this person about any alternative transport operated by the given carrier that comes into consideration. If the reasons for which the reservation or boarding of the vehicle was refused to the passenger concerned can be removed by the presence of a person who is able to provide the necessary assistance, the passenger may request to be accompanied free of charge by a person of his own choice.
If a person with a disability or a person with reduced mobility has a reservation or a transport document for a long-distance scheduled transport route and has duly informed the carrier of their special needs, and is nevertheless denied boarding due to their disability or reduced mobility, they can choose between fare compensation and by redirection (if a suitable connection is available).
Carriers and terminal operators must have in place non-discriminatory access conditions applicable to the transport of persons with disabilities and persons with reduced mobility. These conditions must be publicly accessible and must be provided in physical form at the passenger's request.
b) Right to special assistance
In long-distance scheduled transport, carriers and terminal operators provide free assistance to persons with disabilities and persons with reduced mobility within the scope of their competence.
Disabled persons and persons with reduced mobility must inform the carrier of their special needs at least 36 hours in advance and arrive at the designated bus terminal location at the agreed time before departure (not more than 60 minutes).

c) The right to compensation in the event of loss or damage to equipment enabling movement
If the carrier or terminal operator causes loss or damage to mobility equipment (wheelchair and other assistive equipment), they must pay compensation equal to the cost of replacing or repairing the equipment in question (if the said equipment can be repaired).
If necessary, it will make every effort to temporarily replace the lost or damaged equipment in question.

7) The right to file a complaint with carriers and the Ministry of Transport, transport and trade authorities responsible for enforcing the rights of passengers (see Road Transport Act)

Passengers can file complaints with the carrier within a period of three months from the day on which the scheduled service was carried out or when it should have been carried out. The carrier shall inform the passenger within one month of receiving the complaint whether his complaint was justified, rejected or whether it is still under consideration. The carrier must provide a final response within three months of receiving the complaint.
The above deadlines do not apply to questions regarding compensation in the event of death, injury or damage and loss of luggage in the event of accidents.

8) Enforcement of passenger rights

Passengers can submit a complaint to the relevant national body about a violation of the regulation. The competent national body is responsible for the enforcement of the regulation in relation to scheduled services from places located in the territory of a Member State and scheduled services from a third country to these places.

9) Report on enforcement of the regulation

Article 29 of the regulation implies the obligation of all entities responsible for the enforcement of this regulation to publish a report on their activities in the previous two calendar years every two years. The Ministry of Transport of the Czech Republic prepared a report for the entire Czech Republic. The enforcement reports processed in 2017, 2019, 2021 ans 2023 can be found in the appendix.








 

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