Eu Passenger Rights Maritime Law

Original Language Title: EU-Fahrgastrechte-Schifffahrt-Gesetz

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EU passenger rights-shipping-law (EU-FahrgRSchG)

unofficial table of contents

EU-FahrgRSchG

Date of departure: 05.12.2012

Full quote:

" EU passenger rights-shipping-law of 5. December 2012 (BGBl. 2454), as last amended by Article 4 (138) of the Law of 7. August 2013 (BGBl. I p. 3154) "

:Last modified by Art. 4 (138) G v. 7.8.2013 I 3154

For details, see Notes

Footnote

(+ + + Text evidence: 12.12.2012 + + +)
(+ + + Amcial). Notification of the norm provider to EC law:
Implementation of the
TEU 1177/2010 (CELEX Nr: 32010R1177) cf. § 1 + + +)

The G was referred to as Article 1 of the G v. 5.12.2012 I 2454 adopted by the Bundestag. It's gem. Art. 4 of this G entered into force on 12 December 2012. Non-official table of contents

§ 1 Scope of application

This law is designed to implement Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 on the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 327, 30.12.2004, p. OJ L 334, 17.12.2010, p. 1). Non-official table of contents

§ 2 tasks of the federal government

The federal government is responsible for enforcing passenger rights in the area of the sea-and Inland waterway transport. Non-official table of contents

§ 3 Competent Authority

(1) The Competent Authority for the enforcement of Regulation (EU) No 1177/2010 is the Railway Federal Office.(2) The authority referred to in paragraph 1 shall be the Board of Appeal for complaints alleging an alleged infringement of Regulation (EU) No 1177/2010 in accordance with the first sentence of Article 25 (3) of Regulation (EU) No 1177/2010. Non-official table of contents

§ 4 powers

(1) As far as is required for the implementation of Regulation (EU) No 1177/2010, the competent authority -the Authority shall take the necessary measures necessary to establish, eliminate or prevent infringements of Regulation (EU) No 1177/2010. It may, in particular,
1.
the responsible carrier, travel agent, tour operator or terminal operator within the meaning of Article 3 (d), (p), (q) and (s) of the Regulation (EU) No 1177/2010 oblige to remove an established infringement of the said Regulation or to refrain from any future infringements,
2.
of the Carriers, travel agents, tour operators or terminal operators require all necessary information within a reasonable period of time to be determined,
3.
for the performance of the powers referred to in the first sentence and in points 1 and 2 shall be carried out by the responsible carrier, travel agent, tour operator or terminal operator within the meaning of Article 3 (d), (p), (q) and (s) of Regulation (EU) No 1177/2010
a)
require access to the required font or data media, in particular records and contract documents,
b)
copies, excerpts, printouts, or copies, whether or not media,
c)
use the documents and media referred to in point (b) and save it as necessary
2) In the context of paragraph 1, the competent authority shall have the power to enter water vehicles, operating rooms and premises during the normal operating or business period.(3) In the case of the storage referred to in the second sentence of paragraph 1 (3) (c), copies, extracts, printouts or copies and data carriers shall, after the completion of the respective tasks referred to in the first sentence of paragraph 1 or the second sentence of the second sentence of paragraph 2, point 1 and 2 in each individual case, from the competent authority shall immediately delete the competent authority.(4) A person who is obliged to provide information pursuant to paragraph 1, second sentence, point 2, may refuse to reply to such questions, the answers to which they themselves or one of the members of the family of persons referred to in Article 383 (1) (1) to (3) of the Code of Civil Procedure. Risk of prosecution or proceedings under the Law on Administrative Offences would be suspended. It shall be informed of its right to refuse to provide information.5. The competent authority may enforce its orders in accordance with the provisions applicable to the enforcement of administrative measures. When a penalty payment is imposed, it can be up to EUR 500 000. Non-official table of contents

§ 5 Dulling and co-action obligations

carriers, travel agents, tour operators or terminal operators that are The law or the statutes concerning the representation of those persons and the representatives appointed by them as well as the owners and other authorized persons of the water vehicles, operating and business premises referred to in § 4 (2) are requires
1.
to tolerate the measures pursuant to § 4 (1) (3) and (2), and
2.
supporting the competent authority and the persons assigned by it in the performance of its tasks.
In particular, the persons referred to in sentence 1 shall be obliged to: at the request of the competent authority and the persons appointed by the competent authority, to open the rooms to be considered. Non-official table of contents

§ 6 Schlichtungsstelle

(1) For the settlement of disputes arising from carriage by sea and inland waterway, the If the contracting party has agreed to take part in the conciliation procedure, a passenger shall call a suitable mediation body.(2) Disputes within the meaning of paragraph 1 are
1.
Disputes arising from the violation of the rights and obligations under Regulation (EU) No 1177/2010 as well as
2.
Disputes arising from loss, damage or delayed delivery of luggage of a passenger or of other items carried by a passenger
The right to appeal to the courts is unaffected by the arbitration.(3) A conciliation body shall be particularly appropriate if it follows the following principles for the out-of-court settlement of consumer disputes:
1.
The It must be independent and thereby ensure impartial action; in the case of collegial decisions, independence can be guaranteed by the joint participation of representatives of consumers and businesses.
2.
The participants must be able to present facts and assessments and have a right to be heard.
3.
The conciliators and their assistants must ensure the confidentiality of the information they are aware of in the light-off process.
4.
The dispute resolution process must be carried out quickly and for passengers free of charge.
5.
The Rules of procedure must be accessible to interested parties.
(4) The Schlichtungsstelle referred to in paragraph 1 cannot be called if the claim is not made directly against the carrier, tour operator or travel agent. , or since the assertion to the carrier, tour operator or travel agent, has not been more than 30 days.(5) The carriers, tour operators and travel agents shall, in response to a complaint relating to the rights and obligations covered by Regulation (EU) No 1177/2010, draw attention to the possibility of mediation and to: Address the address of suitable places of contact.(6) A point of reference within the meaning of paragraph 1 may also be a cross-traffic concretion site.(7) The Schlichtungsstelle within the meaning of paragraph 1 requires the recognition of the Federal Ministry of Transport, Building and Urban Development and of the Federal Ministry of Food, Agriculture and Consumer Protection. The recognition is to be published in the Federal Gazette. Non-official table of contents

§ 7 Fees and Deposits

The Federal Railway Office charges fees and charges for its individually attributable public services under this law, pursuant to this law or under Regulation (EU) No 1177/2010. Non-official table of contents

§ 8 Regulation empowerment

To enforce passenger rights in sea and inland waterway transport under the Regulation (EU) No. 1177/2010 the Federal Ministry of Transport, Building and Urban Development is authorized to carry out the tasks of the Federal Government pursuant to § 2, by means of a regulation without the consent of the Federal Council
1.
to determine that the enforcement of Regulation (EU) No 1177/2010, in accordance with the first sentence of Article 25 (1) and the first sentence of Article 25 (3) of Regulation (EC) No 1177/2010, is to be enforced by another federal authority in its The business unit, which has been established for the purpose of carrying out inter-transport tasks in the field of the safeguarding of passenger rights by law or under a law,
2.
Rules on the enforcement of passengers ' rights in sea and inland waterway according to Regulation (EU) No 1177/2010,
3.
to determine the fee-based facts and the fee level while providing fixed sets or frame sets,
4.
Reporting rules on the enforcement of Regulation (EU) No 1177/2010 under Article 26 thereof,
5.
further requirements for the Schlichtungsstelle and the procedure to be ensured by it in accordance with § 6.
Legal regulations as set out in the first sentence of the first sentence require the Agreement of the Federal Ministry of Food, Agriculture and Consumer Protection and the Federal Ministry of Justice. Non-official table of contents

§ 9 Penal rules

(1) Contrary to the law, who intentionally or negligently applies a rule in force , in the case of a European Union act on the rights of passengers in maritime and inland waterway transport, in so far as a legal regulation referred to in paragraph 4 refers to this fine for a particular event.(2) The administrative offence can be punished with a fine of up to thirty thousand euros.(3) The administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences is the authority designated by the Federal Ministry of Transport, Building and Urban Development by means of a legal regulation.(4) The Federal Ministry for Transport, Building and Urban Development is authorized, in so far as this is necessary for the enforcement of the acts of the European Union, to refer to the facts by means of a regulation without the consent of the Bundesrat, which may be punished as an administrative offence referred to in paragraph 1.