Annexes to COM(2008)816 - Rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws

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dossier COM(2008)816 - Rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 on cooperation ...
document COM(2008)816 EN
date December 18, 2010
ANNEX I

RIGHT TO REIMBURSEMENT OR RE-ROUTING FOR DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY AS REFERRED TO IN ARTICLE 8

1. Where reference is made to this Annex, disabled persons and persons with reduced mobility shall be offered the choice between:

(a)
—reimbursement within 7 days, paid in cash, by electronic bank transfer, bank order or bank cheque, of the full cost of the ticket at the price at which it was purchased, for the part or parts of the journey not made, and for the part or parts already made if the journey no longer serves any purpose in relation to the passenger's original travel plan, plus, where relevant,

—a return service to the first point of departure, at the earliest opportunity; or

(b)re-routing to the final destination as set out in the transport contract, at no additional cost and under comparable conditions, at the earliest opportunity; or

(c)re-routing to the final destination as set out in the transport contract, under comparable conditions, at a later date at the passenger's convenience, subject to availability of tickets.

2. Paragraph 1(a) shall also apply to passengers whose journeys form part of a package, except for the right to reimbursement where such a right arises under Directive 90/314/EEC.

3. When, in the case where a town, city or region is served by several ports, a carrier offers a passenger a journey to an alternative port to that for which the reservation was made, the carrier shall bear the cost of transferring the passenger from that alternative port either to that for which the reservation was made, or to another nearby destination agreed with the passenger.


ANNEX II

ASSISTANCE IN PORTS, INCLUDING EMBARKATION AND DISEMBARKATION, AS REFERRED TO IN ARTICLES 10 AND 13

1. Assistance and arrangements necessary to enable disabled persons and persons with reduced mobility to:

—communicate their arrival at a port terminal or, if possible, a port and their request for assistance,

—move from an entry point to the check-in counter, if any, or to the ship,

—check in and register baggage, if necessary,

—proceed from the check-in counter, if any, to the ship, through emigration and security points,

—embark the ship, with the provision of lifts, wheelchairs or other assistance needed, as appropriate,

—proceed from the ship door to their seats/area,

—store and retrieve baggage on the ship,

—proceed from their seats to the ship door,

—disembark from the ship, with the provision of lifts, wheelchairs or other assistance needed, as appropriate,

—retrieve baggage, if necessary, and proceed through immigration and customs points,

—proceed from the baggage hall or the disembarkation point to a designated point of exit,

—if required, make their way to the toilet facilities (if any).

2. Where a disabled person or person with reduced mobility is assisted by an accompanying person, that person must, if requested, be allowed to provide the necessary assistance in the port and with embarking and disembarking.

3. Handling of all necessary mobility equipment, including equipment such as electric wheelchairs.

4. Temporary replacement of damaged or lost mobility equipment with equipment which is a suitable alternative.

5. Ground handling of recognised assistance dogs, when relevant.

6. Communication in accessible formats of information needed to embark and disembark.


ANNEX III

ASSISTANCE ON BOARD SHIPS AS REFERRED TO IN ARTICLES 10 AND 13

1. Carriage of recognised assistance dogs on board the ship, subject to national regulations.

2. Carriage of medical equipment and of the mobility equipment necessary for the disabled person or person with reduced mobility, including electric wheelchairs.

3. Communication of essential information concerning a route in accessible formats.

4. Making all reasonable efforts to arrange seating to meet the needs of disabled persons or persons with reduced mobility on request and subject to safety requirements and availability.

5. If required, assistance in moving to toilet facilities (if any).

6. Where a disabled person or person with reduced mobility is assisted by an accompanying person, the carrier shall make all reasonable efforts to give such person a seat or a cabin next to the disabled person or person with reduced mobility.


ANNEX IV

DISABILITY-RELATED TRAINING, INCLUDING INSTRUCTIONS, AS REFERRED TO IN ARTICLE 14

A. Disability-awareness training, including instructions

Disability-awareness training, including instructions, includes:

—awareness of and appropriate responses to passengers with physical, sensory (hearing and visual), hidden or learning disabilities, including how to distinguish between the different abilities of persons whose mobility, orientation or communication may be reduced,

—barriers faced by disabled persons and persons with reduced mobility, including attitudinal, environmental/physical and organisational barriers,

—recognised assistance dogs, including the role and the needs of an assistance dog,

—dealing with unexpected occurrences,

—interpersonal skills and methods of communication with people with hearing impairments, visual impairments or speech impairments and people with a learning disability,

—general awareness of IMO guidelines relating to the Recommendation on the design and operation of passenger ships to respond to elderly and disabled persons’ needs.

B. Disability-assistance training, including instructions

Disability-assistance training, including instructions, includes:

—how to help wheelchair users make transfers into and out of a wheelchair,

—skills for providing assistance to disabled persons and persons with reduced mobility travelling with a recognised assistance dog, including the role and the needs of those dogs,

—techniques for escorting passengers with visual impairments and for the handling and carriage of recognised assistance dogs,

—an understanding of the types of equipment which can assist disabled persons and persons with reduced mobility and a knowledge of how to carefully handle such equipment,

—the use of boarding and deboarding assistance equipment used and knowledge of the appropriate boarding and deboarding assistance procedures that safeguard the safety and dignity of disabled persons and persons with reduced mobility,

—understanding of the need for reliable and professional assistance. Also awareness of the potential of certain disabled persons and persons with reduced mobility to experience feelings of vulnerability during travel because of their dependence on the assistance provided,

—a knowledge of first aid.