Ombudsperson recommends Government to ensure that road and rail passengers have the same right to reimbursement and compensation

The Ombudsperson has sent a Recommendation to the Minister of Infrastructure and Housing to amend the legislation to bring the level of protection afforded to road passengers on par with the higher level afforded to rail passengers.

The Recommendation now addressed to the Government is the result of an analysis of a complaint received alleging the unconstitutionality of the rules that exclude passengers holding a season ticket, pass or travel card from the right to reimbursement and compensation.

The Portuguese legislation currently in force on this matter, which was essentially driven by legislative initiatives of the European Union, although it recognises the right to compensation of passengers holding a season ticket, pass or travel card for road and rail transport, allows for its exclusion in some situations.

In order to ensure equal protection for road and rail transport users, the Ombudsperson, Maria Lúcia Amaral, recommends that the exclusion of the right to compensation in road transport should also be conditional on the existence of viable transport alternatives covered by the respective transport document.

To read the Recommendation in full, click here [in Portuguese only].