CHAPTER IIU.K. COMPENSATION AND ASSISTANCE IN THE EVENT OF ACCIDENTS
Article 7U.K.Death or personal injury to passengers and loss of or damage to luggage
1.Passengers shall, in accordance with [F1any applicable law (other than this Regulation)], be entitled to compensation for death, including reasonable funeral expenses, or personal injury as well as to loss of or damage to luggage due to accidents arising out of the use of the bus or coach. In case of death of a passenger, this right shall as a minimum apply to persons whom the passenger had, or would have had, a legal duty to maintain.
2.The amount of compensation shall be calculated in accordance with [F2any applicable law (other than this Regulation)]. Any maximum limit provided by [F3any such applicable] law to the compensation for death and personal injury or loss of or damage to luggage shall on each distinct occasion not be less than:
(a)[F4£190,000] per passenger;
(b)[F5£1,000] per item of luggage. In the event of damage to wheelchairs, other mobility equipment or assistive devices the amount of compensation shall always be equal to the cost of replacement or repair of the equipment lost or damaged.
Textual Amendments
F1Words in Art. 7(1) substituted (31.12.2020) by The Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/141), regs. 1(1), 4(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 7(2) substituted (31.12.2020) by The Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/141), regs. 1(1), 4(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 7(2) substituted (31.12.2020) by The Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/141), regs. 1(1), 4(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 7(2)(a) substituted (31.12.2020) by The Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/141), regs. 1(1), 4(5)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in Art. 7(2)(b) substituted (31.12.2020) by The Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/141), regs. 1(1), 4(5)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Article 8U.K.Immediate practical needs of passengers
In the event of an accident arising out of the use of the bus or coach, the carrier shall provide reasonable and proportionate assistance with regard to the passengers’ immediate practical needs following the accident. Such assistance shall include, where necessary, accommodation, food, clothes, transport and the facilitation of first aid. Any assistance provided shall not constitute recognition of liability.
For each passenger, the carrier may limit the total cost of accommodation to [F6£70] per night and for a maximum of 2 nights.
Textual Amendments
F6Word in Art. 8 substituted (31.12.2020) by The Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/141), regs. 1(1), 4(6); 2020 c. 1, Sch. 5 para. 1(1)