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Accessibility Liability for damaged or lost mobility equipment

What about damage to or loss of wheelchairs or other mobility equipment by company employees?

For bus services:

If wheelchairs or other mobility equipment are damaged or lost by the bus company’s employees, the company is liable for the replacement value or repair costs. Where feasible, the company must also provide a temporary replacement as soon as possible.

The legal bases are Articles 9, 10, 14 and 17 of Regulation (EU) No 181/2011.

 

For rail services:

If wheelchairs or other mobility equipment are damaged or lost, e.g. by the railway company or station operator’s employees, the company is liable for the replacement value or repair costs. If the railway company is liable for the loss or damage of your mobility aid (e.g. rollator, walking frame, wheelchair, etc.), then limitation of the amount of liability is not permissible.

The legal bases are Regulation (EC) No. 1371/2007, Regulation (EU) No. 1300/2014 and the Federal Disability Equality Act.

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