Regulation (EC) No. 181/2011 (hereinafter the "Regulation") enters into force on March 1, 2013.
It provides a minimum set of rights for passengers traveling by bus within the European Union.
In principle, the regulation applies to "regular services" (in other words, services provided at a specified frequency and on a specified route and in which passenger embarkation or disembarkation takes place at predetermined stops) for undetermined categories of passengers whose point of embarkation or disembarkation is located in the territory of a member state2.
The following basic rights will apply to all regular services, regardless of the expected distance of the service:
In addition, the following fees apply to regular services where the expected distance is 250 km or more (hereinafter: regular long-distance services):
1 Summary prepared pursuant to Article 25(2) of Regulation (EU) No 181/2011 of the European Parliament and of the Council concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 [OJ L 55, 28.2.2011, p. 1]. This summary is not legally binding.
2 In addition, certain fees also apply to so-called "occasional services," in which the group of passengers is formed at the initiative of a customer or the carrier itself, provided that the passenger's initial point of embarkation or final point of disembarkation is located in the territory of a member state:
Non-discriminatory transportation conditions,
Provision of (electronic) tickets or any other document entitling to transportation,
Compensation and assistance for death, injury, loss or damage resulting from accidents,
Financial compensation for loss of or damage to mobility equipment for passengers with disabilities and passengers with reduced mobility
However, member states may, on a transparent and non-discriminatory basis, grant a waiver of these additional rights during purely regular national services for a period not exceeding four years, renewable once (for a maximum of eight years).
Finally, member states may in a transparent and non-discriminatory manner, grant a waiver from the application of the entire regulation for a period not exceeding four years, renewable once (for a maximum of eight years) where a significant portion of regular services, involving at least one stopping station, are operated outside the territory of the European Union.
1) Right to non-discriminatory transportation conditions
All persons purchasing tickets for bus services have the right not to be discriminated against directly or indirectly on the basis of their nationality or the place of establishment of the carrier or ticket seller in the Union.
In the case of regular long-distance services, the carrier issues a ticket to passengers (including in electronic format), unless other documents entitle the passenger to transportation.
2) Right to information
All passengers traveling by regular bus services have the right to receive adequate information throughout their journey. This right includes the right to be informed about the rights of passengers and the necessary contact details of national bodies responsible for control.
All relevant general information and conditions of transportation must be available in formats accessible to persons with disabilities and persons with reduced mobility (e.g. large print, plain and clear language, Braille, audio tapes).
In addition, in the case of regular long-distance services, the carrier or, where appropriate, the station management entity, shall inform passengers departing from the station of the situation as soon as possible, but no later than thirty minutes after the scheduled departure time, and shall communicate the scheduled departure time as soon as such information is available. If passengers miss a connecting service due to a cancellation or delay, the carrier and, if appropriate, the station management entity shall make reasonable efforts to inform affected passengers of alternative connections. The carrier shall also transmit such information to passengers electronically where possible, if passengers have requested it and provided the carrier with the necessary contact information.
3) Right to compensation and assistance in case of accident
In the case of regular long-distance services, passengers are entitled to compensation for death, personal injury as well as loss of or damage to luggage due to an accident resulting from the use of buses. The conditions and amount of compensation are governed by the applicable national law, and only certain minimum amounts are provided for in the regulation. Such financial compensation is not automatic but must be applied for in the national courts.
In addition, the carrier shall provide reasonable and proportionate assistance for the immediate practical needs of the passenger traveling by regular long-distance service following the incident itself. Such assistance shall include, where necessary, accommodation, food, clothing, transportation, and the facilitation of first aid.
4) Right to continuation, rerouting and refund in case of cancellation or extended delay
Regarding regular long-distance services3, if more reservations are accepted than available seats or if the carrier reasonably expects that the delay will be more than 120 minutes beyond the scheduled departure time or the service will be canceled, passengers have the right to choose between:
3This provision does not apply to passengers with open tickets as long as the departure time is not specified, except for passengers holding a ticket or season ticket
The same right to choose is applicable if the service suffers a cancellation or delay in departure from the stop for more than one hundred and twenty minutes.
The passenger has the right to receive compensation equal to 50% of the ticket price: if the carrier is unable to provide the passenger in the above situation with a refund or rerouting on an alternative route.
This right to compensation and the possible refund of the ticket do not prevent passengers from resorting to national courts to obtain, under the conditions provided by national law, compensation for losses resulting from cancellation or delay of regular services.
If the journey is interrupted due to bus failure, the carrier must send a bus to the place where the original bus stopped to continue service and transport passengers to their destination or to transport them to a suitable waiting point and/or station from which the journey can continue.
5) Right to assistance in case of cancellation or delay in departure
In the case of regular long-distance service lasting more than three hours, in the event of cancellation or delay of more than 90 minutes, passengers are entitled to adequate assistance including: snacks, meals and beverages, and, if necessary, accommodation (the carrier may limit the total cost of accommodation to 80 euros per night for up to two nights and is not required to cover accommodation expenses if the cancellation or delay is due to adverse weather conditions or major natural disasters).
6) Rights of persons with disabilities and persons with reduced mobility 4
In addition to the rights of passengers in general, persons with disabilities and persons with reduced mobility have the following rights when using bus services in order to enable them to enjoy the same travel opportunities as other citizens.
4 Member states may exempt regular national services from the application of the provisions applicable to disabled persons and persons with reduced mobility provided that they ensure that the level of protection of disabled persons or persons with reduced mobility under their national rules is at least equal to that under this regulation.
6) Rights of persons with disabilities and persons with reduced mobility 4
In the case of regular long-distance service lasting more than three hours, in the event of cancellation or delay of more than 90 minutes, passengers are entitled to adequate assistance including: snacks, meals and beverages, and, if necessary, accommodation (the carrier may limit the total cost of accommodation to 80 euros per night for up to two nights and is not required to cover accommodation expenses if the cancellation or delay is due to adverse weather conditions or major natural disasters).
would not be possible in accordance with the applicable passenger safety legislation and health and safety provisions of the competent authorities or when the structure of a bus, or the transport infrastructure does not allow for the safe and practically feasible transportation of such a person.
In the case of regular long-distance services, if the carrier, travel agent, or tour operator refuses to accept a reservation, provide a ticket, or embark a passenger for the above reasons, he or she shall immediately inform the same of the reason for the refusal and, if the passenger so requests, put such information in writing. In addition, in the case of a refusal to accept the reservation or provide a ticket, he shall inform the person in question about any acceptable alternative service operated by the carrier. If the problems for which the passenger in question has been refused a reservation or boarding can be solved by the presence of a person capable of providing the necessary assistance, the passenger may request to be accompanied by a person of his or her choice free of charge.
In the case of regular long-distance services, if a disabled person or person with reduced mobility holds a ticket or reservation and has duly notified the carrier of his or her special needs and is denied boarding because of his or her disability or reduced mobility, he or she may choose between reimbursement and rerouting (the latter is subject to the availability of adequate travel services).
Carriers and station operators shall prepare non-discriminatory access conditions for the transportation of disabled persons and persons with reduced mobility. Such conditions shall be made public and shall be physically distributed upon passenger request.
In the case of long-term regular services, carriers and station management entities must provide, within their respective areas of responsibility, free assistance to disabled persons and persons with reduced mobility.
Persons with disabilities and persons with reduced mobility must notify the carrier of their specific needs no later than 36 hours before the actual need for assistance, and must report to the designated point at the bus station at the agreed time before the departure time (no more than 60 minutes).
Where a carrier or station operator has caused the loss of or damage to mobility equipment (wheelchairs and other assistive devices), it must pay compensation corresponding to the replacement value of the equipment in question or the costs of repair (provided that repair of such equipment is possible).
If necessary, the carrier shall make every effort to the extent possible to temporarily replace the lost or damaged loss or mobility equipment.
7) Right to transmit complaints to carriers and national enforcement agencies
Passengers may submit a complaint to carriers within three months from the date on which regular service was provided or should have been provided. Within one month of receipt of the complaint, the carrier shall notify the passenger that the complaint is upheld, rejected, or still under consideration. The carrier shall provide a final response within three months of receipt of the complaint.
The above terms do not apply to matters relating to compensation for death, personal injury or damage and loss of baggage in accidents.
8) Enforcement of passenger rights
Each member state shall designate one or more national bodies responsible for enforcing the rights mentioned in the regulation.
The national supervisory body is responsible for the enforcement of this regulation with respect to regular services departing from points within its territory and regular services from a third country to such points.
Passengers may submit complaints to the relevant national body about violations of the regulation. Member states may decide that a passenger first files a complaint with the carrier, in which case the national enforcement body or other competent body designated by the member state serves as the second instance body for unresolved complaints.