EU Passenger Rights-Shipping Law (EU-FahrgRSchG)

Unofficial table of contents

EU-FahrgRSchG

Date of completion: 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).

Status:

Last amended by Art. 4 Abs. 138 G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 12.12.2012 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 TEU 1177/2010 (CELEX Nr: 32010R1177)  § 1 + + +) 

  

The G was decided by the Bundestag as Article 1 of the G v. 5.12.2012 I 2454. It's gem. Art. 4 of this G entered into force on 12 December 2012. Unofficial table of contents

§ 1 Scope

This Act 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, 30.12.2010, p. OJ L 334, 17.12.2010, p. 1). Unofficial table of contents

§ 2 Tasks of the Federal Government

The Federal Government is responsible for the enforcement of passengers ' rights in the field of maritime and inland waterway transport. Unofficial table of contents

§ 3 Competent Authority

(1) Competent Authority for the enforcement of Regulation (EU) No 1177/2010 is the Federal Railway Authority. (2) The authority referred to in paragraph 1 is the Board of Appeal for complaints alleging a breach of Regulation (EU) No 1177/2010. pursuant to the first sentence of Article 25 (3) of Regulation (EU) No 1177/2010. Unofficial table of contents

§ 4 Powers

(1) Where necessary for the implementation of Regulation (EU) No 1177/2010, the competent authority may take the necessary measures to establish, eliminate or prevent infringements of Regulation (EU) No 1177/2010. are required. It may in particular:

1.

require 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 to comply with an established infringement of the said Regulation , or to refrain from any future violations,

2.

require the carrier, travel agent, tour operator or terminal operator to provide 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, 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)

to obtain access to the required typeface or data carriers, in particular records and contract documents;

b)

manufacture copies, excerpts, printouts or copies, including data carriers, or require such copies,

c)

use the documents and data carriers referred to in point (b) and, where necessary, save them.

(2) In the context of paragraph 1, persons authorised by the competent authority shall be entitled to enter water vehicles, operating rooms and business premises during normal operating or business hours. (3) In the case of storage as referred to in paragraph 1 The second sentence of paragraph 3 (c) shall be deleted by the competent authority immediately after the completion of the respective tasks referred to in the first sentence of paragraph 1 or in the second sentence of paragraph 1 and 2 in each individual case by the competent authority. (4) A person who is obliged to provide information in accordance with the second sentence of paragraph 1, second sentence, may provide the information refuse to answer such questions, whether they themselves or one of the members of the civil procedure referred to in Article 383 (1) (1) (1) to (3) of the Code of Civil Procedure, or of a procedure under the law on It would be subject to misalignment. (5) The competent authority may enforce its orders in accordance with the rules applicable to the enforcement of administrative measures. When a penalty payment is imposed, it can be up to EUR 500 000. Unofficial table of contents

§ 5 Dulunding and co-action obligations

Carriers, travel agents, tour operators or terminal operators, the persons appointed to represent them by law or by statute, and the representatives appointed by them, as well as the owners and other persons entitled to use the persons referred to in § 4 (2) watercraft, operating and business premises shall be required to:

1.

tolerate the measures referred to in Article 4 (1) (3) and (2); and

2.

to assist the competent authority and the persons entrusted by it in the performance of its tasks.

In particular, the persons referred to in the first sentence shall be obliged, at the request of the competent authority and the persons appointed by the competent authority, to open the rooms to be considered. Unofficial table of contents

§ 6 Schlichtungsstelle

(1) In order to resolve disputes arising from carriage by sea and inland waterway, the passenger may call a suitable conciliation body if the contracting party has agreed to take part in the conciliation. (2) Disputes in the The meaning of paragraph 1 shall be:

1.

Disputes arising from the breach of the rights and obligations under Regulation (EU) No 1177/2010, and

2.

Disputes arising out of loss, damage or delayed delivery of baggage of a passenger or of any other goods carried or carried by a passenger on his or her own.

The right to appeal to the courts remains unaffected by the conciliation. (3) A conciliation body is particularly appropriate if it follows the following principles for the out-of-court settlement of consumer disputes:

1.

The authority must be independent and thereby ensure impartial action; in the case of collegial decisions, independence can be guaranteed through the joint participation of representatives of consumers and businesses.

2.

The parties must be able to present facts and assessments and receive legal hearing.

3.

The conciliators and their assistants shall ensure the confidentiality of the information which they are informed of in the case of the dispute settlement procedure.

4.

The dispute settlement procedure must be carried out quickly and free of charge for the passengers.

5.

The procedural rules must be accessible to interested parties.

(4) The mediation body referred to in paragraph 1 may not be called if the claim has not been made directly against the carrier, tour operator or travel agent or since the claim has been made to the carrier; Tour operators or travel agents no longer than 30 days have passed. (5) The carriers, tour operators and travel agents have received a complaint in connection with the complaint referred to in Regulation (EU) No 1177/2010. Rights and obligations to be informed of the possibility of mediation and the (6) A point of reference within the meaning of paragraph 1 may also be a cross-carrier lighting centre. (7) The Schlichtungsstelle referred to in paragraph 1 shall require the recognition of the Federal Ministry of Transport, Construction and Urban Development and the Federal Ministry of Food, Agriculture and Consumer Protection. The recognition is to be published in the Federal Gazette. Unofficial table of contents

§ 7 Fees and charges

The Federal Railway Authority collects fees and charges for its individually attributable public services under this Act, pursuant to this Act or under Regulation (EU) No 1177/2010. Unofficial table of contents

Section 8 Regulation authorisation

In order to enforce passenger rights in maritime and inland waterway transport pursuant to 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 in accordance with § 2, by Legal regulation without the consent of the Bundesrat

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, shall be determined by another federal authority in its business unit which, for the purpose of carrying out transport modes, is Tasks in the field of the maintenance of passenger rights have been established by law or under a law,

2.

rules on the enforcement of passengers ' rights in maritime and inland waterways pursuant to Regulation (EU) No 1177/2010,

3.

to determine the charges payable and the level of fees, and to provide fixed rates or framework rates;

4.

rules for reporting on the enforcement of Regulation (EU) No 1177/2010, in accordance with Article 26 thereof,

5.

to lay down further requirements for the Schlichtungsstelle and the procedure to be ensured by the Schlichtungsstelle according to § 6.

Legal regulations as set out in the first sentence of 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. Unofficial table of contents

§ 9 Penal rules

(1) A breach of the law shall be carried out in cases where, intentionally or negligently, an immediately applicable provision is contrary to European Union legislative acts relating to the rights of passengers in the maritime and inland waterway transport sector, in so far as a legal regulation referred to in paragraph 4 is concerned. (2) The administrative offence can be punished with a fine of up to thirty thousand euros. (3) Administrative authority within the meaning of Section 36 (1) (1) of the Law on The Federal Ministry of Transport, Building and Urban Development (4) The Federal Ministry of Transport, Building and Urban Development shall be authorized, in so far as this is necessary for the enforcement of the acts of the European Union, by means of a legal regulation without the consent of the The Federal Council shall designate the facts which may be punishable as an administrative offence pursuant to paragraph 1.