Published: 17.03.2023.
Updated: 08.05.2023.
Translated by machine translator

A large part of society now chooses to travel by sea and inland waterway transport.  Such travel is becoming more and more popular. It is therefore important that passengers, using this mode of travel, are informed about how to deal with problematic issues that arise when travelling by sea and inland waterways (e.g. if the service has been cancelled or delayed, etc.).

In order to protect passengers rights, the European Parliament and Council has adopted Regulation (EU) No .1177/2010 on passenger rights when travelling by sea and inland waterways (Regulation)

The text of the Regulation and information on passenger rights can be found here: Your passengers' rights (link to Your Europe)

If luggage problems have arisen during the carriage – it has been lost or damaged, the passenger has the right to contact the carrier. These rights are established by Maritime Code.

In accordance with the Maritime Code, a passenger has an obligation to send a written notice to the carrier or his or her employee or representative, if:

1) the luggage is manifestly damaged:

in the case of cabin baggage, prior to the disembarkation or during disembarkation;

for other luggage, prior to the delivery of the luggage or during its delivery;

2) the damage to luggage is not obvious or the luggage has been lost -

Within 15 days from when luggage is unloaded ashore or delivered to the passenger, or the time when delivery should have taken place.

If the passenger does not take any action in those cases, it shall be assumed that he has received the baggage undamaged, except where the contrary is proven.

Consumer Rights Protection Centre (CRPC) is the responsible authority for Regulation (EU) No.1177/2010 of 24 November 2010 on passenger rights when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (Regulation) surveillance in Latvia. At the same time, CRPC provides assistance to passengers in disputes with carriers. The competence of the CRPC is to deal with complaints from passenger regarding transport services and cruises from ports located in the territory of Latvia and passenger transport services from third countries to ports in Latvia.

Attention! Before contacting CRPC, passengers should first contact the carrier.

How do I turn to CRPC?

You can submit an application/complaint both electronically by sending to the pasts@ptac.gov.lv (the document must be signed with a secure electronic signature if the applicant is a resident of Latvia) or by submitting the application to the e-address, as well as by post to the address of Brivibas Street 55, Riga, LV - 1010.

When submitting the application/complaint to the CRPC, a copy of the submission addressed to the carrier a copy of the answers provided by the carrier, if any; a copy of the ticket and boarding pass, and other documents justifying the existence of the dispute must be attached.

If passengers in a dispute with the carrier are represented by their representative, a power of attorney signed by the passengers must be attached, as well as a copy of the birth certificate of the children shall be attached if the legal representative represents the children.

If the dispute with the carrier is not resolved, passengers have the right to continue the dispute with an out-of-court dispute resolution body in accordance with Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC or in court.

Out-of-court dispute resolution is a fast, cheap and efficient way to resolve consumer disputes.

Information about out-of-court disputes resolution bodies in the European Union in the area of ship passenger rights is available here: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

It should be taken into account that each out-of-court dispute resolution body may have its own requirements for dealing with the dispute.

If there is a dispute between you and a carrier registered in Latvia regarding maritime and inland waterway passenger services from a third country to Latvia or a maritime and inland waterway passenger services from Latvia, you can apply to the Consumer Dispute Resolution Commission (Commission), which is an out-of-court dispute resolution body in Latvia in the field of ship passenger rights.

Important!

The Commission will consider your dispute if you have first applied to CRPC or European Consumer Centre of Latvia (ECC Latvia), but the dispute between you and the carrier has not been resolved.

The Commission will not consider your dispute if:

  • you have not turned to the carrier in order to solve the dispute by negotiation;
  • since the day when the complaint or submission was submitted to the carrier, more than a year has passed;
  • insolvency of the carrier has been declared;
  • the dispute is regarding losses, moral injury, payment documents, or debt recovery;
  • the dispute is currently being examined or has been examined by an out-of-court dispute resolution body or a court;
  • solving of the dispute would cause serious disturbances in efficient operation of the Commission;
  • the dispute is insignificant or vexatious;
  • the dispute is regarding goods or service the price of which does not exceed EUR 20, or regarding goods or service the price of which exceeds EUR 14 000.

How do I turn to the Commission?

If the dispute between you and the carrier has not been resolved by CRPC or ECC Latvia, and you want to continue the dispute, you must addressed application to the Commission and submit to CRPC or ECC Latvia.

The settlement of the dispute within the Commission is free of charge.

The Commission shall examine the dispute and take decision not later than within 90 from the day when all documents necessary for taking of a decision have been received.

The decision of the Commission shall be of recommendatory nature, and it shall not be subject to contestation or appeal. However, it shall be carried out voluntarily within 30 days after the day of entering into effect or within the other time limit specified in decision. If the decision is not complied with, the non-compliance information shall be placed in the “Black List” on website of the Consumer Rights Protection Centre.

You can submit an application electronically by sending an application to pasts@ptac.gov.lv, ECCNET-LV@ec.europa.eu, as well as by post to the address of Brivibas Street 55, Riga, LV-1010.

We note that no electronic signature is required when sending to e-mail!

The application shall be accompanied by information and documents which may be relevant for the examination of the application.

If all the information in your possession has already been submitted to the Consumer Rights Protection Centre or the European Consumer Information Centre, it is not necessary to re-submit the same information.