General Conditions of Carriage for Ferry Crossings

Transcription

1 General Conditions of Carriage for Ferry Crossings The carriage of passengers, baggage, and vehicles is subject to the following terms and conditions of passenger carriage of Color Line. For freight transport the provisions of the shipping company for bills of lading apply. General Terms and Conditions of Transport for Ferry Crossings 1. Scope of application The transport of passengers, luggage and vehicles takes place subject to the following Terms and Conditions of Passenger Transport of Color Line AS Oslo (CL) as the company executing the ferry crossings. Cargo transport is subject to the provisions of the shipping company s bill of lading. Group tours are subject to the General Terms and Conditions of Transport and Travel for group tours. CL is represented in Germany by Color Line GmbH, Kiel, which is the direct contact for passengers and represents CL in all legal matters in Germany. 2. Booking and conclusion of an agreement, booking confirmation, ferry crossing 2.1 By booking a trip, the passenger submits a binding offer to Color Line (CL) for the conclusion of a transport agreement based on these General Terms and Conditions of Transport. The booking may be completed verbally, by telephone, in writing (post, fax) or electronically (by , Internet). The person booking the trip does so for all the passengers named on the booking form, for whose contractual obligations the person making the booking is liable as for their own contractual obligations if he or she has assumed this obligation by means of a separate, express declaration. The passengers full names, gender, nationality and ages must always be stated. 2.2 Vehicle reservations must include the vehicle model, length and height (including roof rack if applicable) as well as the total length including the tow bar for vehicles with trailers. A cabin must be booked on the route Kiel Oslo Kiel. Only vehicles accompanied by drivers will be transported. All luggage must only contain personal items. Furniture, exhibition material, etc. must be declared and registered with Color Line Cargo for transport. 2.3 A transport agreement is concluded when the booking is accepted by CL, and CL will inform the passenger of this by means of the booking confirmation. This is sent to the passenger directly by or post or via the travel agency. 2.4 When purchasing a trip from Color Line in Germany, Denmark, Norway, etc., the pricing in the timetable of the respective country applies. 3. Payment 3.1 The ticket price must be paid in full immediately after the conclusion of the agreement. If the payment of the ticket price by the passenger is not made or not made in due time, CL is entitled after sending a reminder and setting a reasonable period for the payment to withdraw from the agreement and to refuse the transport. 3.2 The passenger may pay for the transport by bank transfer, SEPA direct debit scheme or credit card For payments over the SEPA core direct debit scheme: in the case of doubt, as pre-notification to the passenger the booking confirmation will be considered to be a contractual document. CL and the passenger will agree on a period of one day for the prenotification. The passenger must ensure that there is sufficient coverage for the debit in the bank account. In the event of a reversal of the direct debit for reasons for which the passenger is responsible, and if a payment is not honoured in due time, the passenger will be in arrears of payment and CL will be entitled to charge the resulting damages as damages caused by delay If passengers choose to pay by credit card, they will grant the authorisation to debit their credit card account during the booking process. Even if the passenger has selected this payment method and CL has included the status "paid" in the booking confirmation, a payment made by the passenger will be deemed a provisional payment until it is certain that the amount which CL has debited from the credit card account of the passenger is not reversed in full or in part, or its repayment has not been asserted in any other way. In the event of a reversal of the payment for reasons for which the passenger is responsible, and if a payment is not honoured in due time, the passenger will be in arrears of payment and CL will be entitled to charge the resulting damages as damages caused by delay 4. Changes to services after the conclusion of an agreement CL expressly reserves the right to make changes to essential travel services (e.g. times of departure and arrival, travel routes) that become necessary after the conclusion of an agreement if it does not do so in bad faith to the extent that these changes are not substantial and do not affect the overall nature of the booked trip. The times of departure and arrival stated in the timetable may be postponed for weather-related reasons and CL reserves the right to change the scope of services in this event. 5. Changes to prices before and after the conclusion of an agreement 5.1 CL expressly reserves the right to change the ticket price before the conclusion of an agreement due to an increase in transport costs, charges for specific services such as harbour fees, or due to changes in the exchange rates applicable to the respective trip after the publication of the (Internet) catalogue. The passenger will be notified of any changes in good time before a booking. 5.2 In the case of an actual subsequent increase in transport costs or charges for specific services which was not foreseeable at the time of conclusion of the agreement, such as harbour fees, or changes to the exchange rates applicable to the respective trip, CL reserves the right to change the agreed ticket price after the conclusion of the contract for travel to the extent to which the increase in these costs per person affects the ticket price, provided there are more than four months between the conclusion of the agreement and the agreed departure. The passenger will immediately be informed of any such changes. A price increase demanded from the 20th day before the agreed departure date is invalid.

2 5.3 In the case of a price increase of more than 5% of the ticket price or a significant change to an essential travel service, the passenger is entitled to withdraw from the contract for travel at no charge, or to request participation in a trip which is at least equivalent in value if CL is able to offer such a trip from its range without additional costs for the passenger. The passenger must assert these rights against CL immediately upon receipt of CL's notification of the price increase or of the changes to the travel service respectively. 6. Cancellation by the passenger 6.1 The passenger may cancel the trip at any time before the departure. In the interest of the passenger (preservation of evidence) and to avoid misunderstanding, the cancellation should be made in writing. Notice of cancellation is effective from the date of receipt by CL. 6.2 If the passenger withdraws from the transport agreement for reasons for which CL is not responsible and which do not result from force majeure, CL is entitled to request reasonable compensation for the travel arrangements made and its expenses. The following conditions apply: Economy tariff The compensation to be paid to CL corresponds to the ticket price at the economy tariff and will be retained in full Flex tariff Up to 24 hours before departure no compensation is due. The ticket price will be reimbursed in full. From 24 hours before departure, compensation is due in the amount of the full price of the trip. The passenger is entitled at all times to present evidence that CL has not incurred damages or has only incurred damages in a substantially lower amount than that of the aforementioned fixed rates. 6.3 CL reserves the right to claim higher, precisely defined compensation in place of the flat rates laid down in Section 6.2 and, in this case, will provide precise figures and documentation for the compensation requested taking account of saved expenses and any alternative use of the travel services. 6.4 We recommend that all customers take out travel insurance. 7. Rebooking 7.1 Re-bookings can take the form of changes to the departure date, destination, place of departure, accommodation or type of transport. The passenger does not have a legal entitlement to make changes to bookings. 7.2 If nonetheless as far as is feasible changes are made to bookings at the request of the passenger, CL may request compensation in the form of a rebooking fee as follows: Economy fare In addition to a possibly higher ticket price, a flat rate handling charge of per change is payable. This must be paid without delay Flex fare Bookings may be changed at any time without incurring any obligation to pay compensation. The cost difference to a higher ticket price must be paid by the passenger immediately. In respect of all compensation the passenger is entitled to present evidence that CL has not incurred damages or has only incurred damages in a substantially lower amount than that of the respective flat rates. 8. Substitute passenger Until the date of departure, the passenger may request that a substitute person assume the rights and obligations arising from the contract for travel on their behalf, and must notify CL of this person in good time beforehand. CL may object to the admission of this person if they do not meet the special travel requirements or their participation is opposed by statutory provisions or official orders. The substitute party entering the agreement and the original passenger will be jointly and severally liable to CL for the ticket price and all additional costs incurred by the admission of the third party. CL may request a fixed sum of for these additional costs. The original passenger and the substitute party are entitled at all times to present evidence that CL has not incurred damages or has only incurred damages in a substantially lower amount than that of the flat rates. 9. Luggage and cargo, hazardous materials Each passenger is allowed to take with them 50 kg of luggage or ½ cubic metre in addition to any luggage stored in a vehicle. Furniture, boxes, oversized suitcases, etc. are treated as cargo. The respective freight tariff must be paid for such items. Hazardous materials such as flammable, acidic or radioactive hazardous substances can strictly only be transported with the permission of CL. In the case of infringement, the passenger will be liable for any resulting damage. 10. Motor homes The gas supply in a motor home must be turned off without fail during a crossing. The correct condition will be checked during boarding. 11. Weapons Carrying / transporting weapons of any kind on board is prohibited. An exemption for, e.g., hunting weapons must be applied for at the shipping company with the booking. 12. Security checks For safety reasons, a possible search / check of persons, luggage and vehicles must be permitted before boarding. If a passenger refuses this, the shipping company has the right to refuse transport without any refund of the ticket price.

3 13. Transport of live animals Live animals can only be transported subject to special prior agreement. Dogs and cats are transported on the customer s own responsibility in their vehicle or in a cage on the car deck. A fee is to be paid per animal per line. Please note that Norway has strict regulations on the transport of live animals. More information can be provided by Norwegian consulates or embassies outside of Germany. The animal must not be taken outside of the car deck area, e.g. into a cabin or into public areas of the ship. For more information on vaccinations, identification, etc., please contact the Norwegian consulate, German embassies in foreign countries or visit Liability and limitation of liability of CL as the carrier, replacement service in the case of personal / material damages 14.1 In the event of death or personal injury to passengers as well as loss of or damages to luggage and deductibles, CL s liability as the shipping company for all claims for damages arising from maritime accidents is limited to the provisions of the Athens Convention of 2002 (AC) as amended, including the associated protocols (currently provisions laid down in Articles 3, 5, 7 and 8 CA). The excess permitted in accordance with Article 8 (4) AC is applicable. Any partial liability of the passenger must always be taken into consideration. In cases beyond the scope of application of the AC, CL assumes liability according to the provisions of the Norwegian admiralty law and other Norwegian provisions on compensation for damages. According to these provisions, a carrier is not liable if it cannot be held at fault for damage. In any other case, please refer in particular to the provisions on limitation of liability as well as the passenger's excess. Information on the liability and limitation of liability of CL is available at Color Line will not assume liability for events occurring before the passenger boards the ship or after they have left it. The same applies to hand luggage carried by the passenger. Color Line is not liable for live animals transported as luggage. CL is not liable for damage arising during transport on ships which is executed by another carrier. According to Norwegian provisions on compensation, the passenger must bear the cost of damages caused by the passenger or by a person for whom the passenger is responsible A joint loss is regulated in Oslo in accordance with the York-Antwerp Rules of 1994, including later amendments CL is not liable as a carrier for loss of or damage to cash, negotiable securities or other valuables such as gold, silver, jewellery, works of art, electronic or similar items unless they have been handed to the carrier for safekeeping (in this case, liability is limited pursuant to Article 8 (2) CA). Please note that storage in public lockers does not count as handover to Color Line for safekeeping. 15. Transport of children and adolescents 15.1 Children and adolescents travelling alone The transport of children and adolescents below the age of 16 travelling alone is excluded. They can only travel in the company of a legal guardian / legal representative Children under the age of 18 Since 26 June 2012, entries of children in their parents passports have no longer been valid and no longer entitle the child to cross the border. Therefore all children must have their own travel document (from birth) for travelling abroad. Travel documents for children include child passports, passports and identity cards. IMPORTANT: If a child is not travelling with its legal guardians, a declaration of consent by the legal representative(s) (legal guardians) must be carried together with a copy of the representative's identity card. 16. Boarding Travellers must themselves ensure that they arrive at the terminal punctually for check-in with their vehicle by the time indicated in the booking confirmation. KIEL OSLO: Passengers arriving with their own vehicle should make this available no later than 120 minutes before departure. Passengers without a motor vehicle should arrive no later than 60 minutes before departure. DENMARK NORWAY: Guests with and without a vehicle should arrive no later than 60 minutes before departure. Each motorist is responsible for parking their vehicle in the place assigned, securing it in the lowest gear with the handbrake applied and locking it properly. 17. Travel documents All passengers must have a valid identity card or passport, which must be presented on request. All vehicles must have a nationality plate. Travellers with a motor vehicle need a green insurance card and a licence. Vehicle users are recommended to contact their insurance company prior to departure in order to enquire about the latest regulations applicable to vehicles when travelling abroad. 18. Data protection Personal data which the passenger provides to CL is processed electronically and used to the extent necessary for the conclusion, implementation or termination of the contract for travel with the passenger, and for looking after passengers. CL complies with the provisions of the German Federal Data Protection Act for the collection, processing and use of personal data. Customers may access their saved data, obtain information on this, and have this changed or deleted at any time. Travellers may also object to the use or processing of their data for the purposes of advertising, market or opinion research by sending a message to servicecenter@colorline.de. Data is not transmitted to unauthorised third parties. 19. Applicable law, place of jurisdiction The transport agreement is subject to German law. Legal disputes related to this transport agreement with regard to the transport of passengers and luggage can be settled at the passenger's discretion pursuant to Article 17 AC in the following locations: a) before the court competent for the defendant's place of residence or head office, b) before the court competent for the place of departure or of destination specified in the agreement, or c) for business persons, the place of jurisdiction for both contracting parties is Kiel, Germany.

4 20. Carrier Color Line AS, Color Line Terminalen, Hjortnes, N-0250 Oslo, represented by Color Line GmbH Germany, Norwegenkai, D Kiel, Managing Director: Dr Jörg Rudolph Internet: Annex Information pursuant to Regulation (EC) 392/2009 on the liability of carriers of passengers by sea in the event of accidents Summary of provisions on the rights of passengers in the event of accidents at sea Regulation (EC) 392/2009 on the liability of carriers of passengers by sea in the event of accidents has been applicable since 31 December 2012 in the countries of the European Union and the European Economic Area. It includes several provisions of the Athens Convention of 1974 on the transport of passengers and their luggage at sea (as amended by the protocol of 2002). The regulation applies to all carriers executing international transports, including transports between member states of the European Union and specific forms of domestic transports insofar as - -the ship flies the flag of a member state or is registered in a member state, or - -the transport agreement has been concluded in a member state, or - -the place of departure and/or destination according to the transport agreement is located in a member state. It governs the liability of the carrier for passengers, their luggage and their vehicles as well as for mobility equipment in the case of an accident. This regulation does not affect the right of the carrier to limit its accident liability in accordance with the Convention of 1976 on Limitation of Liability for Maritime Claims as amended by the protocol of Within the meaning of this regulation, the term accident includes both maritime accidents and other incidents occurring during the transport. RIGHTS OF THE PASSENGER Entitlement to compensation in cases of death or personal injury Maritime accident: the passenger is entitled to claim compensation from the carrier or the carrier s insurance company up to an amount of SDR 250,000 in all cases except for events which are beyond the control of the carrier (i.e. act of war, natural catastrophe, act by a third party). Compensation for damages can be granted in the amount of a maximum of SDR 400,000 unless the carrier provides evidence that the event has occurred without any fault on its part. Incident other than maritime accident: The passenger is entitled to claim compensation from the carrier or the carrier s insurance company up to an amount of SDR 400,000 if the passenger can provide evidence that incident was caused by the carrier's fault. Right to claim compensation for loss of or damage to cabin luggage Maritime accident: The passenger is entitled to claim compensation from the carrier up to an amount of SDR 2,250 unless the carrier provides evidence that the event has occurred without any fault on its part. Incident other than maritime accident: The passenger is entitled to claim compensation / damages from the carrier up to an amount of SDR 2,250 if the passenger can provide evidence that the incident was caused by the carrier's fault. Right to claim compensation for loss of or damage to luggage other than cabin luggage The passenger is entitled to claim compensation from the carrier up to an amount of SDR 12,700 (vehicles, including luggage transported in or on the vehicle), or SDR 3,375 (other luggage) unless the carrier provides evidence that the incident has occurred without any fault on its part. Right to claim compensation for loss of or damage to valuables The passenger is entitled to claim compensation from the carrier up to an amount of SDR 3,375 for loss of or damage to money, negotiable securities, gold, silver, jewels, jewellery and works of art only if these articles have been handed to the carrier for safekeeping. Right of a passenger with restricted mobility to claim compensation for loss of or damage to mobility equipment or other special equipment Maritime accident: The passenger is entitled to claim compensation from the carrier equal to the replacement value or repair costs of the equipment concerned unless the carrier provides evidence that the incident has occurred without any fault on its part. Incident other than maritime accident: The passenger is entitled to claim compensation from the carrier equal to the replacement value or repair costs of the equipment concerned if the passenger provides evidence that the incident was caused by the carrier's fault. Entitlement to an advance payment in the case of a maritime accident In the event of death or personal injury of a passenger, the latter or another person entitled to compensation for damages is entitled to receive an advance payment to cover immediate financial needs. The advance payment will be calculated on the basis of the damage suffered, will be paid within 15 days and will amount to at least 21,000 in the case of death.

5 PROCEDURES & MISCELLANEOUS Written notification The passenger must notify the carrier in writing of any damage to cabin luggage or other luggage in good time. If the passenger does not fulfil this requirement, they will lose the right to claim damages. Periods for the assertion of passenger rights In general, all claims for compensation must be asserted before the competent court within two years. The start of this limitation period varies depending on the type of loss. Disclaimers The carrier s liability may be limited if it can prove that the death or personal injury of a passenger or the loss of or damage to the passenger s luggage was caused in full or in part by the passenger s fault. The limitations of different compensation amounts do not apply if it is proven that the damage is ascribable to an action of the carrier, or an employee or agent of the carrier or of the executing carrier that was committed either with the intention to cause such damage or in the knowledge that such a damage would in all probability occur.