ECJ on passenger ships: Passenger rights also apply on the high seas

Passenger rights also apply on the high seas – even if the ship that was supposed to transport the passengers is still in the shipyard. That was decided by the European Court of Justice.

Passenger rights also apply on the high seas – even if the ship ordered has not yet been delivered by the shipyard. That was decided by the European Court of Justice (ECJ), the highest court in the EU.

Ferry company has to compensate passengers

The proceedings concerned a ferry that was supposed to shuttle back and forth between Cherbourg in France and Dublin in Ireland. However, the ferry was not delivered on time from the shipyard. Therefore, the trips were canceled for several months. The ferry company then offered the passengers to take them to other ports or to take the route via Great Britain overland.

But that wasn’t enough. The Irish transport authority stipulated: The shipping company Irish Ferries would have had to pay additional compensation for the additional time required to passengers who wanted to take a replacement trip. Because she had not fulfilled her obligations under the Passenger Rights Ordinance.

“Exceptional Circumstances” do not apply

The ECJ has now confirmed this and made it clear that the regulations on passenger rights also apply if the ship has not even gone into operation. The shipping company cannot invoke “exceptional circumstances” in these cases.