36 Amendments of Izaskun BILBAO BARANDICA related to 2008/0246(COD)
Amendment 61 #
Council position – amending act
Recital 16
Recital 16
(16) Passengers should be fully informed of their rights under this Regulation, so that they can effectively exercise those rights. Rights of passengers should include the receipt of information regarding the passenger service or cruise before and during the journey. All essential information provided to passengers should also be provided in formats accessible to disabled persons and persons with reduced mobility, such as large text, plain language, Braille, electronic communications accessible via adaptation technologies, and audio tapes.
Amendment 65 #
Council position – amending act
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) on ships certified to carry up to 3612 passengers;
Amendment 66 #
Council position – amending act
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 67 #
Council position – amending act
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 68 #
Council position – amending act
Article 3 – point a
Article 3 – point a
(a) ‘disabled person’ or ‘person with reduced mobility’ means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability, or as a result of age, and whose situation needs appropriate attention and adaptation to his particular needs of the service made available to all passengers;
Amendment 74 #
Council position – amending act
Article 3 – point f
Article 3 – point f
(f) ‘passenger service’ means a commercial passenger transport service by sea or inland waterways operated by a carrier on a scheduled or non-scheduled route, offered to the public against payment, either alone or as part of a package and operated according to a published timetable;
Amendment 75 #
Council position – amending act
Article 3 – point m
Article 3 – point m
(m) ‘transport contract’ means a contract of carriage between a carrier and a passenger for the provision of one or more passenger transport services or cruises, irrespective of whether the ticket was purchased from a carrier, a tour operator, a ticket vendor or on the Internet;
Amendment 76 #
Council position – amending act
Article 3 – point o
Article 3 – point o
(o) ‘ticket vendor’ means any retailer concluding transport contractsintermediary selling maritime transport services, including services sold as part of a package, on behalf of a carrier or tour operator;
Amendment 82 #
Council position – amending act
Article 3 – point r a (new)
Article 3 – point r a (new)
(ra) ‘cancellation’ means the non- operation of a service which was previously scheduled and for which at least one reservation was made;
Amendment 83 #
Council position – amending act
Article 3 – point r b (new)
Article 3 – point r b (new)
(rb) ‘delay’ means a difference between the time the passenger was scheduled to depart or to arrive in accordance with the published timetable and the time of his actual or expected departure or arrival;
Amendment 84 #
Council position – amending act
Article 3 – point s
Article 3 – point s
(s) ‘terminal operator’ means a privatport authority’ means a body which, whether or not in conjunction with other activities, has as its objective under national law or regulations the administration and management of the por public body in the territory of a Member State responsible for the administration and management of a port terminal;t infrastructures and the coordination and control of the activities of the different operators present in a port or port system. It may consist of several separate bodies or be responsible for more than one port; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 85 #
Council position – amending act
Article 3 – point t
Article 3 – point t
(t) ‘cruise’ means a passenger transport serviceactivity by sea or inland waterway, operated exclusively for the purpose of pleasure or recreation, supplemented by accommodation and other facilities, exceeding two overa one-day (one-night) stays on board, which is not a regular or scheduled passenger service between two ports, but with passengers usually returning to the port of embarkation;
Amendment 86 #
Council position – amending act
Article 3 – point t a (new)
Article 3 – point t a (new)
(ta) ‘accessible formats’ means that all passengers, including those with any kind of disability or reduced mobility, can access the same information using text, Braille, audio, video or electronic formats. Examples of accessible formats include, but are not limited to, pictograms, vocal announcements and subtitling and may vary according to technological developments;
Amendment 87 #
Council position – amending act
Article 3 – point u a (new)
Article 3 – point u a (new)
Amendment 89 #
Council position – amending act
Article 3 – point u b (new)
Article 3 – point u b (new)
(ub) ‘arrival’ means the actual time the vessel is secured at the arrival berth;
Amendment 90 #
Council position – amending act
Article 3 – point u c (new)
Article 3 – point u c (new)
(uc) ‘departure’ means the actual time at which the vessel is secured for sea;
Amendment 91 #
Council position – amending act
Article 3 – point u d (new)
Article 3 – point u d (new)
(ud) ‘ticket price’ means the cost paid for the transport and accommodation on board. It excludes the costs of meals, other activities and any on-board purchases;
Amendment 93 #
Council position – amending act
Article 3 – point u e (new)
Article 3 – point u e (new)
(ue) ‘force majeure’ is an event or circumstance, which could not have been avoided even if all reasonable measures had been taken, such as war, invasion, an act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military coup or usurped power, military or illegal confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout, interruption or failure of electricity or acts of God, including fire, flood, earthquake, storm, hurricane or other natural disasters. Cases of force majeure can also be caused by extreme tidal conditions, strong winds, significant wave heights being exceeded and ice formation.
Amendment 94 #
Council position – amending act
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Carriers may offer contract conditions that are more favourable for the passenger than the conditions laid down in this Regulation.
Amendment 95 #
Council position – amending act
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Carriers, travel agents and tour operators shall not refuse to accept a reservation, to issue or otherwise provide a ticket or to embark or disembark persons on the grounds of disability or of reduced mobility.
Amendment 96 #
Council position – amending act
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Reservations and tickets shall be offered to disabled persons and persons with reduced mobility at no additional cost under the same conditions that apply to all other passengers.
Amendment 97 #
Council position – amending act
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Notwithstanding Article 7(1), carriers, travel agents and tour operators may refuse to accept a reservation from, to issue or otherwise provide a ticket to or to embark a person, on the grounds of disability or of reduced mobility:
Amendment 100 #
Council position – amending act
Article 8 – paragraph 5
Article 8 – paragraph 5
5. When carriers, travel agents and tour operators have recourse to paragraphs 1 or 4, they shall immediately inform the disabled person or person with reduced mobility of the specific reasons therefor. Those reasons shall be notified to the disabled person or person with reduced mobility in writing, no later than five working days after that person was informede request. In case of refusal according to paragraph 1(a), reference shall be made to the applicable health and safety requirements.
Amendment 101 #
Council position – amending act
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Carriers, travel agents and tour operators shall ensure that all relevant information, including online reservation and information, concerning the conditions of carriage, journey information and access conditions is available in appropriate and accessible formats for disabled persons and persons with reduced mobility. Persons needing assistance shall receive written confirmation of such assistance.
Amendment 102 #
Council position – amending act
Article 10
Article 10
Subject to the access conditions provided for in Article 9(1), carriers and terminal operators shall, within their respective areas of competence, provide assistance free of charge to disabled persons and persons with reduced mobility, as specified in Annexes II and III, in ports, including embarkation and disembarkation, and on board ships. The assistance shall be adapted to the individual needs of the person with a disability or reduced mobility.
Amendment 103 #
Council position – amending act
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) the carrier or the terminal operator is notified of the person’s need for such assistance at the latest two working days before the assistance is needed, and48 hours before the assistance is needed, unless a shorter period is agreed between the passenger and the carrier, and with the exception of cruise journeys, where the need for assistance should be notified at the time of reservation;
Amendment 105 #
Council position – amending act
Article 11 – paragraph 1 – point b ii a (new)
Article 11 – paragraph 1 – point b ii a (new)
(iia) in the case of cruises, at a time stipulated by the carrier, which shall not be more than 60 minutes before the check-in time.
Amendment 109 #
Council position – amending act
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In setting quality standards, full account shall be taken of internationally recognised policies and codes of conduct concerning facilitation of the transport of disabled persons or persons with reduced mobility, notably the International Maritime Organisation’s Recommendation of the Design and Operation of passenger ships to respond to elderly and disabled persons’ needs.
Amendment 110 #
Council position – amending act
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a carrier reasonably expects the departure of a passenger service or a cruise to be cancelled or delayed for more than 1260 minutes beyond its scheduled time of departure, passengers departing from port terminals shall be offered free of charge snacks, meals or refreshments in reasonable relation to the waiting time, provided they are available, or can reasonably be supplied.
Amendment 111 #
Council position – amending act
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) re-routing to the final destination, under comparable conditions, as set out in the transport contract, at the earliest opportunity and at no additional cost;
Amendment 112 #
Council position – amending act
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where a passenger service is cancelled or delayed in departure from a port for more than 1290 minutes, passengers shall have the right ofto choose such re-routing or reimbursement of the ticket price from the carrier.
Amendment 114 #
Council position – amending act
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Without losing the right to transport, passengers may request compensation from the carrier if they are facing a delay in arrival at the final destination as set out in the transport contract. The minimum level of compensation shall be 250% of the ticket price for a delay of at least:
Amendment 115 #
Council position – amending act
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Compensation shall be 100% of the ticket price if the carrier fails to provide alternative services or the information referred to in Article 18(1)(a).
Amendment 116 #
Council position – amending act
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Articles 17 and 19 shall not apply if the passenger is reliably informed of the cancellation or delay before the purchase of the ticket or if the cancellation or delay is caused by the fault of the passenger.
Amendment 119 #
Council position – amending act
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Carriers and terminal operators shall set up or have in place aindependent complaint handling mechanisms in accessible formats and the customary languages for rights and obligations covered by this Regulation. Particular attention shall be paid to the needs of people with disabilities and persons with reduced mobility.
Amendment 121 #
Council position – amending act
Annex 1 – paragraph 2
Annex 1 – paragraph 2
2. Paragraph 1(a) shall also apply to passengers whose journeys form part of a package and/or a cruise, except for the right to reimbursement where such a right arises under Directive 90/314/EEC.