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Your rights in the event of a delayed ferry.

Weclaim's world-class travel legal experts have prepared practical answers to the most common questions you may have regarding your rights pursuant to EU 1177/2010 Regulation if you experienced a disrupted ferry journey to or from Europe. If you don't find the answer to your question, contact us or check the amount you are entitled to free of charge now.

What to do if your ferry is delayed.

When will my EU 1177 claim become time-barred?

The EU 1177 Regulation sets out two (2) periods which must be respected:

  • Written complaint: You have two (2) months from the date the issue arose to send a written complaint to the carrier. If no complaint is sent to the carrier within this window period, all rights to a claim will be lost.
  • Court claim: If a written complaint was sent to the maritime carrier within the aforementioned window period and it rejected your claim, you have several years to go to the Court. Please note that the applicable limitation period depends on the country with jurisdiction over your claim.

In France the limitation period is 5 years.

Find here the various limitation periods and jurisdiction rules.

If the carrier offers me a voucher instead of a bank transfer, am I obliged to accept?

No. You are completely free to choose to be compensated in cash.

If the carrier refuses to pay you, start a claim with us today.

If my journey is disrupted due to technical issues, am I entitled to compensation?

Yes. Technical problems are not considered an extraordinary circumstance The carrier is therefore required to compensate you in the even of a delayed ferry.

Are strikes considered extraordinary cirucmstances under the EU 1117 Regulation?

This depends on whether the strike is internal or external.

Internal strike: You have the right to compensation if the strike is internal, e.g. a strike organised by the company's staff.

External strike: You are not entitled to compensation if the strike is external, e.g. a strike organised by port staff.

Be aware that in any case, you have the right to be re-routed to your final destination as soon as possible without any extra cost to you. If you are not re-routed, you have the right to be refunded the entirety of your journey.

Can I make a claim for any extra losses not covered by fixed compensation amounts provided by the EU 1117 Regulation?

Yes. If you have suffered any particular losses, you can make a claim for extra damages or the refund of the various expenses made as a result of the delay, as long as these expenses were reasonably foreseeable by the company. For example:

  • Partial/total loss of a car rental reservation;
  • Partial/total loss of a hotel reservation;
  • Moral damages if the delay is exceptionally long.

Does the EU 1117 Regulation apply to my Flight?

The EU 1117 Regulation will apply in the following situations:

  • All journeys for which the departure (port) is located within an EU Member State, regardless of the nationality of the carrier;

OR

  • All journeys for which the arrival airport is located within an EU Member State, as long as the carrier is based within the EU. In this scenario, the point of departure is indifferent. In the case of an indirect journey, only the final destination matters.

A question or query? Check your compensation eligibility with our online simulator and see what compensation you can get!

When can the company refuse to compensate me under EU 1117?

You are not elibigle for compensation in the event of extraordinary circumstancesprovided that they were (i) beyond the control of the maritime carrier and (ii) unavoidable even if all reasonable steps had been taken. Below is a list of circumstances considered extraordinary.

  • Unfavourable meteorological conditions compromising the safety of the journey: you can find more details on weather conditions here.
  • Natural disasters: fires, earthquakes etc.
  • Terrorist attacks, civil wars, armed military conflicts etc.
  • The required disembarkation of sick, injured or deceased passengers
  • Search or recovery operations at open sea or the inland waterways
  • Measures taken for the protection of the environment
  • Decisions taken by the sea traffic, seaport officials or by the authorities responsibile for public security and public policy, as well as decisions taken to respond appropriately to urgent transportation needs.

N.B.: Be vigilant, as companies tend to regularly invoke such extraordinary circumstances defence in order to escape liability. Do not hesitate to demand written proof from the company of the existence of the alleged circumstances. If the company refuses to do so, start a claim on our site and we will gather all the relevant information

When does the written claim have to be submitted?

You have two (2) months from the date of the journey disruption to send a written complaint to the ferry company. If no complaint is not sent to the sea carrier within this window period, all rights to a claim will be lost.

N.B.: Be careful not to confound this 2 months window period with the longer limitation period to file a court claim. For more details,click here

Are adverse weather conditions considered extraordinary circumstances under EU 1177?

You are not entitled to the EU 1177 compensation in the following cases:

  • Your journey was cancelled or delayed due to high winds, rough seas, strong currents, difficult ice conditions, extremely low or high sea water levels, hurricanes, tornadoes, floods, natural disasters; and
  • the port authorities prohibited all journeys.

How much am I entitled to under the EU 1177 Regulation?

You are entitled to a 25% refund of the ticket price from the first hour of the delay. Your compensation will vary according to the length of the delay in arriving at your final destination. Here's a chart setting out the compensation regime.

A question or query? Check your compensation eligibility with our online simulator and see what compensation you can get!

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