Conditions of transportation

Transcription

1 Conditions of transportation 1. With regard to transportation of passengers and accompanied luggage and the passengers vehicle, the Norwegian Maritime Act dated 24 June 1994 No. 39 as amended applies, together with Color Line s conditions of transportation as provided in this form and announced on bill onboard the ferries and in the port terminals. 2. With regard to transportation of goods under Waybills, Bills of Lading or equivalent, the Norwegian Maritime Act dated 24 June 1994 No. 39 as amended will apply. 3. Vehicle drivers are responsible for leaving their vehicles at the place instructed. Likewise, vehicles must be left secured by the hand brake, in lowest gear as well as properly locked. 4. Color Line is not responsible for incidents prior to embarkation or after the passenger has disembarked. The same applies for accompanied luggage in the passenger s custody. Color Line is not responsible for carriage of live animals as luggage. 5. Cash or equivalent, bonds or other valuables such as gold, silver, jewels, art objects and similar items are not Color Line s responsibility unless the items are received by Color Line for safe storage. 6. Firearms, ammunition, explosives or other dangerous goods are not allowed onboard without Color Line s prior written approval. Dangerous goods shall be labelled according to governing regulations. The same conditions apply for all vehicles onboard. 7. Color Line is entitled to perform the transport by use of a different vessel than stated on the passenger s ticket or brochure. 8. Color Line is entitled to reject embarking passengers or disembark passengers during the voyage in case the passenger, according to the captain s judgement, is unfit for the voyage or may be dangerous for his/her own or other passenger's safety onboard. 9. It is emphasised that the above mentioned Norwegian Maritime Act provisions regarding limitation of liability will apply for the transportation of passengers as well as goods. 10. General Average is to be adjusted in Oslo according to the York-Antwerp Rules of 1994 and later amendments. 11. Any dispute and/or claim which arises out of this agreement shall consider Color Line AS, P.O.Box 1422 Vika, 0115 Oslo as the carrier and be determined by the Oslo City Court, which the parties deem to be the forum adopted for the matter. Any dispute and claim will be subject to Norwegian Law. 12. Passenger s vehicles must be presented and ready for shipment at least 60 minutes before vessel departure. (Sandefjord-Strömstad at least 30 minutes before vessels departure) Cargo vehicles must comply with the terms in the Terms of Transport or special conditions in the respective ports. 1

2 Terms of business Receipt: No tickets will be sent to you, your receipt is your written confirmation that the ticket(s) with the stated information has been booked with Color Line CARGO. Keep this information in a safe place, as you'll need it if you want to change/cancel the reservation(s). Payment: Shipping documents or boarding cards will be issued at the check-in counter on the departure date. Generally Color Line CARGO does not give credit on shipment. For customers who have been given credit, the general term is payment due on the 14th the following month. Withdrawl: Any credit account or quoted rate may at the discretion of Color Line CARGO be withdrawn at any time. The withdrawal is valid for future consignments and notice will be given to the customer in advance. Rerservation terms: Color Line CARGO reserves the right to cancel any sailing, in which case the passage money will be refunded in full. If it is necessary to make any changes to the schedule, dates, time, port of call or otherwise diverge from the published itinerary, Color Line CAROG cannot accept the responsibility for any loss or expenses incurred by the passenger. Color Line CARGO reserves the right to change the vessel described on this Internet site. Damages: Units accompanied by driver: the damage must be reported immediately to the ship s officer. Units not accompanied by driver: the damage must be reported to the Color Line CARGO staff in charge at the terminal/quayside. General cargo: see Units not accompanied by driver. Miscellaneous: All transport of passengers, baggage and vehicles are subject to the provisions of the Norwegian Maritime Act, and Color Line s Bill of Lading Conditions are applicable to all transport of goods for which a Bill of Lading has been issued. Conditions: Color Line reserves the right to amend the prices and times listed at Color Line also reserves the right to amend prices due to fluctuations in currency rates (CAF), fuel prices (BAF), taxes and duties, and to change the travel plans and routes for all Color Line ships. For freight transport, the shipping line s bill of lading conditions apply to the degree the bills of lading are completed. With respect to delays or operational disturbances, Color Line assumes no responsibility or liability for damages. Nor is Color Line responsible for any typographical errors in any of the articles on 2

3 Conditions of operation Extraordinary units: For transport of extraordinary units, rates will be given on request. Sea freight rates for agriculturaland industrial machinery will be given on request. For units with a width of over 2,60 metres, a surcharge will be added on the sea freight: 2, m + 25% ,25 m + 50% 3,26-3,75 m + 75% 3,76-4,25 m + 100% For widths over 4,25 m, freight rates given on request Hazardous cargo: Hazardous cargo is accepted according to IMDG regulations for freight on combined passenger and freight ships. Hazardous cargo that complies with these regulations will be surcharged with EUR 90,- per unit. (On the Strömstad - Sandefjord service the surcharge is EUR 37,50 per unit) Specifications referring to the IMDG code, UN-number, class number and packing group must be received before we can confirm shipment. The vehicle must bring a Dangerous Goods Declaration and a Container Packing Certificate, and be marked in accordance to the IMDG code. Note: Empty uncleaned tank units are classified under the IMDG code. If the customer wilfully gives incorrect information regarding dangerous cargo, we reserve the right to take legal action. Empty return shipments: Empty return shipments may receive a 25% deduction if space available. Any agreed rates or bonus agreements will not be given in addition to the reduction of 25%. Note: On the service between Oslo Kiel the deduction is valid for unaccompanied units only. Deadfreight: Deadfreight is a fee charged by Color Line CARGO for confirmed bookings that don t show up before departure. To avoid the charge you have to cancel or change your confirmed booking 4 hours before the current departure. (On the Sandefjord-Strömstad service the time limit is 1 hour before the current departure.) Discount departures: On departures with low traffic volumes, the company may reduce the seafreight rates. Which departures these are, will be given on request. Securing of cargo: All cargo on the vehicle or ro/ro units shall be properly secured according to sea transport regulations. All units shall be equipped with lashing hooks. Policy for securing cargo Electric plug-in: If the transport unit needs an electric plug in, it has to be advised at time of booking. The transporter is responsible for bringing the necessary cables. Flexible leads may be purchased from our freight expeditions. 3

4 Storage rent: Units unloaded/loaded at our terminals may remain for an additional 2 days after the date of arrival/departure, free of charge. Thereafter, storage rent will be charged for each additional day. ISPS: Color Line AS will give admission to the terminals according to the requirements given in the ISPScode part A. The following points state the minimum requirements for admission to the ISPScontrolled area: 1. The driver shall carry a valid ID. 2. Valid transport documents shall accompany the unit. 3. Transport to the terminal shall be executed in a way that ensures that no unauthorized persons have had unnoticed access to the cargo. 4. Transport to the terminal shall if possible be carried out without unnecessary delays. Unsealed or unlocked units shall not have been left without supervision. 5. Any indication of unauthorised access to the cargo or the cargo unit shall be reported to the shipper and the consignee. 6. When permission has been given to enter the controlled area the driver shall follow the requirements for admission and traffic on the ISPS-controlled area. 7. It is assumed that the driver is aware of the above requirements and that the transport has been executed according to the requirements above. The driver must sign in at the entrance to the terminal and state that he will follow these requirements. 8. The transporter/driver accepts that ISPS-inspection may be carried out on the unit without advance warning and must be willing to give the inspector access to the unit. The inspector shall in these circumstances present valid ID. 4

5 Policy for securing cargo Color Line is committed to safety. Our policy for securing of movable cargo units on board our vessels is in accordance with the Maritime Administrations rules and regulations. A cargo lashing manual has been developed for every one of our vessels, based on its trade. The manual has been verified by relevant authorities, and describes the safe transportation and securing of freight on board our vessels. In order to fulfil requirements, it is of utmost importance that all freight units loaded on board have the correct number of approved lashing brackets. We are therefore requiring that all our customers must meet the following criteria for lashing and securing of freight units. The freight units must be equipped with approved safety lashing brackets, following the requirements in IMO Code of Safe Practice for Cargo Stowage and Securing as well as ISO / This means that every freight unit must be equipped with at least four (4) approved lashing brackets on each side. For further information on the standard requirements you will find furter information on these links: og Each individual lashing bracket shall enable the crew to lash the unit to deck with different angles as illustrated below. Depending on the weather forecast, there will be different requirements to the number of lashings, typically ranging from 0 to 16. Trailers should not be supported on their landing legs during sea transport. An uncoupled trailer should be supported by a trestle or a similar device. There must be a marking on both sides of the trailer, as to identify where the trestle should be placed. Cargo in a transport container must be lashed for sea transport, following the requirements in IMO Code of Safe Practice for Cargo Stowage and Securing. Random verification of compliance with the code can be done before embarking the vessel. Freight units found to not comply with the code will be rejected. The Master of the vessel has the right, and the obligation, to refuse shipment of freight units that do not comply with these requirements. 5

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