With cross-Solent travel hitting the headlines for all the wrong reasons lately, Island Echo has compiled this comprehensive guide to your legal rights and how to claim compensation when delayed by Wightlink, Red Funnel or Hovertravel.
Adverse weather cannot be helped, but the 3 big operators have all experienced a number of cancellations and delays over the past few weeks either due to technical, mechanical or legal reasons.
It is important you know where you stand when it comes to travelling to and from the Isle of Wight…
Your Rights
Under Regulation (EU) No 1177/2010 of the European Parliament, if you are delayed during your journey, or the journey is cancelled, you have a legal right to refunds, compensation and other benefits such as food and drink.
[mks_icon icon=”fa-check” color=”#8ed700″ type=”fa”] You have a right to adequate and timely information about what is happening and should be informed no later than 30 minutes after the scheduled time of departure
[mks_icon icon=”fa-check” color=”#8ed700″ type=”fa”] If your crossing is cancelled or departure is delayed for more than 90 minutes, you should be immediately offered either:
a) a refund (paid within 7 days) and where necessary receive a free return journey back to your initial departure point if the delay stops you from fulfilling the purpose of the trip
or
b) transportation, at the earliest opportunity and under similar conditions, to your final destination at no extra cost (i.e. taking a different route)
[mks_icon icon=”fa-check” color=”#8ed700″ type=”fa”] If your crossing departure is cancelled or delayed by more than 90 minutes you are entitled free meals and refreshments in reasonable relation to the waiting time, provided they are available or can reasonably be supplied
[mks_icon icon=”fa-check” color=”#8ed700″ type=”fa”] If your arrival at your destination is delayed by 1 hour you are entitled to a minimum 25% compensation on the ticket price. If the crossing is delayed by 2 hours you are entitled to 50% compensation.
If the ticket is based on a return crossing, compensation will be paid at the above rates for the affected leg of the journey only, calculated at 50% of the total ticket price. For example: you have paid £100 for a return ticket and you arrive in Portsmouth 2 hours later than planned. You are entitled to 50% compensation for that leg, which would be £25 – 50% of £50.
[mks_icon icon=”fa-check” color=”#8ed700″ type=”fa”] The operator has 1 month to pay your compensation from the date the request is made. The compensation can be paid in flexible vouchers, but shall be paid in money if you request so.
[mks_icon icon=”fa-times” color=”#dd0000″ type=”fa”] You will not receive compensation if the delay was caused by severe weather conditions or natural disasters. This could include, but is not limited to, strong winds, heavy seas, strong currents, difficult ice conditions and extremely high or low water levels, hurricanes, tornados and floods.
Passengers who hold a travel pass or a season ticket and who encounter recurrent delays in arrival during its period may request adequate compensation in accordance with the operator’s compensation arrangements.
Wightlink
The compensation policy for Wightlink, according to their website, differs somewhat to the EU regulation. Wightlink say if the arrival of your sailing is delayed by 60 to 120 minutes, you can claim 25% of the fare paid for that crossing. If the delay is over 120 minutes, you can claim 50% of the fare paid for that crossing.
If your sailing is delayed by more than 90 minutes they will offer you a drink. If it is delayed for more than 4 hours they will offer a light snack and for delays of 8 hours or more a hot meal will be offered.
To be eligible for compensation you must have checked in at least 30 minutes before your booked sailing. Wightlink will not pay compensation for severe weather or circumstances beyond Wightlink’s control, such as restrictions placed by the Queen’s Harbour Master.
Wightlink will give you a 10% bonus if you accept compensation through vouchers. Claims for compensation can be made at https://www.wightlink.co.uk/go/service-status/ferry-disruption-compensation/.
Red Funnel
Red Funnel’s ‘disrupted travel rights’ advice follows the EU regulations, as stated above.
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.
More information can be found at https://www.redfunnel.co.uk/en/info/disrupted-travel-rights/.
Hovertravel
The EU regulation applies when a vessel has more than 3 staff members to ensure its operation. Hovertravel can operate their hovercraft safely with just 3 crew members and therefore it is unclear if the regulations apply to this operator.
However, Hovertravel have a detailed web page highlighting why, when and how they will compensate passengers for cancelled crossings.
For single, day return and period return ticket holders, Hovertravel will endeavour to transfer your travel details to another date and or time. If they are unable to offer an alternative a refund of unused or partially used tickets will be offered. Refunds will be 100% for unused tickets and 50% of the value for partially used tickets, less the cost of any attraction or combination that have been used.
For period returns, a refund will not be permitted for the return portion if booked for a future date.
Refunds are available from the terminal cashiers by the original payment method only, on production of your ticket and receipt. Without a valid receipt a refund cannot be given.
Bookings made via the Hovertravel Website can only be refunded by email application to [email protected] giving booking reference number(s) and a contact telephone number. Hovertravel can only refund on to the card that the payment was originally made on in this instance.
More information on Hovertravel’s cancellation policy can be found at https://www.hovertravel.co.uk/cancellation-repay/index.php.
Complaints
You should, in the first instance, complain to the travel operator if you do not feel that your legal rights have been fulfilled. You must complain within 2 months of the travel date and the operator must acknowledge your complaint within 1 month. They must provide a final reply no later than 2 months after receiving the initial complaint.
If you are not satisfied with the operator’s reply, you can contact the Maritime and Coastguard Agency by calling 02380 329 315 or emailing [email protected].
