Obligations of Carriers in the event of Interrupted Travel
EU Regulation 1177/2010 became applicable on December 18th 2012. This Regulation establishes the rights of all passengers to assistance in cases of delayed or cancelled departures and, in some circumstances, to compensation in case of delay of arrival. This document outlines your rights, the responsibility of the operator(s) and how complaints are handled under the Regulation.
Delays or Cancellations
In all cases, if the sailing you are booked on is cancelled, or delayed by more than 90 minutes, you are entitled to re-routing on to an alternative sailing to your destination at no extra cost, or reimbursement of the ticket price.
If the sailing you travel on, either as you had originally booked, or as a result of being re-routed, arrives later than your original scheduled arrival time, you may be entitled to a refund of 25% or 50% of the ticket price paid. The amount of the refund is related to the overall journey time and the length of the delay and is dependent upon circumstances. Full details can be found on the DfT website.
Right to care and assistance
In cases of delay where you have arrived at the port on time and you are booked on a specific sailing, and that sailing is cancelled, or delayed by more than 90 minutes, you are entitled to refreshments, in proportion to the length of the delay. This provision will be dependent upon the facilities available.
Right to Accommodation
If the sailing you are booked on is cancelled, and dependent upon the circumstances, you may be entitled to free of charge accommodation until an alternative sailing is arranged. Arrangements will need to be made for suitable accommodation ashore. In these cases the total accommodation cost is limited to a maximum of €80 per person per night for a maximum of 3 nights.
Process for Refunds and Claims for Costs Incurred
Application for reimbursement of the cost of travel, or any other costs incurred, should be made in writing to the Company with whom you made the booking e.g. Red Funnel for direct bookings or your Travel Agent, Tour Operator, Hotel etc. In the case of coach passengers, any claims should be addressed to the coach operator. You should include copies of any ticket purchased and copies of all receipts for any expenses e.g. accommodation if applicable.
Any complaints to be made under the Regulation should be directed, in the first instance, to Red Funnel (the operator). Under the Regulation each operator must have in place an accessible complaint handling mechanism for rights and obligations covered by this Regulation. A complaint must be submitted within 2 months of the scheduled date of the service. The operator must notify the passenger within 1 month of receipt whether the complaint is substantiated, rejected or still under consideration with a final reply and decision within 2 months.
Red Funnel Ferries
Customer Service Team
12 Bugle Street
Southampton SO14 2JY
T. 0238 0248 501
If the complaint cannot be resolved to the satisfaction of the passenger, then it may be referred to the complaint handling body. ABTA has been appointed by the DfT to act as the Complaints Handling Body under the Regulation. ABTA has many years of experience of dispute resolution between consumers and operators, and also has in place a conciliation service which can be available to all. ABTA will provide an evidence-based response to a complaint within a reasonable period of time, but will only consider a complaint that has already been through the operator's own complaint handling process.
31 Park Street
London SE1 9EQ
T. 0203 117 0599
There is also a National Enforcement Body (NEB) under the Regulation. This is the Maritime & Coastguard Agency (MCA) in the UK. The NEB is primarily concerned with significant breaches of the Regulation and will not consider any complaint, in the first instance, unless it is such a breach and/or the person making the complaint has followed the complaint handling procedure above.
Maritime & Coastguard Agency
National Enforcement Body Officer - Technical Performance Section
Directorate of Maritime Safety & Standards
Maritime & Coastguard Agency
Bay 2/23, Spring Place
105 Commercial Road
Southampton SO15 1EG
T. 0238 0329 315