(i) When the passenger has booked a ticket in advance when the Carrier provides a confirmation of the booking.

Transcription

1 TERMS AND CONDITIONS OF TRANSPORTATION 1 General 1.1 These terms and conditions ( Terms ) apply to all passengers (hereafter Passengers ) traveling with HH Ferries (hereafter the Carrier ) between Helsingborg and Elsinore (Sw. Helsingör, Da. Helsingør). 1.2 For Passengers who have purchased or booked tickets through scandlines.se, the Scandlines General Terms of Sale available on the website also apply. For Passengers who have acquired a ticket valid both for carriage by sea between Helsingborg and Elsinore, and for other transportation, this agreement applies only to the carriage between Helsingborg and Elsinore; for transportation, the terms provided by the provider of such transportation apply. For Passengers who have acquired or booked a ticket through the Carrier solely for other carriages than carriage between Helsingborg and Elsinore, these Terms do not apply. 1.3 These Terms are accepted and this agreement is considered entered into, entailing an obligation for both the Passenger and the Carrier to fulfill their obligations under this agreement, at the following times in the following situations: (i) When the passenger has booked a ticket in advance when the Carrier provides a confirmation of the booking. (ii) When no booking in advance has been made when the Passenger pays for the trip. (iii) In the event that the trip is gratuitous or if the payment for the trip will be made during or after the beginning of the voyage when the Passenger embarks the ship or any other means of carriage provided by the Carrier. 2 Definitions Luggage means any object, including vehicles, carried by the Carrier on behalf of the Passenger and which is not carried under a charterparty, bill of lading or other document primarily concerned with the carriage of goods. Live animals and Freight (see section 3.7) are not to be considered as Luggage. Cabin Luggage means Luggage which the Passenger is carrying or has in his or her cabin or is otherwise in the possession or care of during the carriage, including all Luggage carried inside of or strapped on the Passenger s vehicle.

2 3 Before the trip 3.1 Luggage and commercial goods Every Passenger has the right to bring Cabin Luggage with a maximum total weight of 50 kg. Goods intended for resale, as trade samples or goods that are to be used commercially are not considered as Luggage and must be registered as Freight (see section 3.7) before departure The Passenger is obliged to inform the Carrier of Luggage with a weight exceeding the maximum weight allowed under section 3.1.1, and to register Freight. 3.2 Dangerous goods Luggage that may cause danger or material inconvenience to the ship or to life, and goods (including but not limited to gasoline outside a vehicle tank and ammunition) may not be taken on board as Luggage or Cabin Luggage, without the consent of the Carrier. Such Luggage or Cabin Luggage must be reported to the Carrier no later than 24 hours before departure, after which the Carrier informs the Passenger whether or how the dangerous Luggage may be transported The Carrier reserves the right to bring ashore, remove or destroy unregistered dangerous goods, without any liability for damages incurring on the Carrier The Passenger is responsible and liable towards the Carrier, for direct and indirect damage incurred by the Carrier or the ship, caused by dangerous goods that the Passenger has not reported to the Carrier in accordance with section above. 3.3 Passport and identification The Carrier urges all Passengers to bring a valid passport or identity card when travelling and reserves the right to deny embarkation to Passengers without a valid passport or identity card. Children under the age of 15 do not need to show a passport or identity card when travelling with a custodian who brings his or her valid passport or identity card. 3.4 Tickets, seat reservations and ship A ticket shall be presented at check-in in connection with embarkation. In order to be guaranteed Passenger carriage or the carriage of a vehicle on a certain specific departure, a reservation must be made in advance The Carrier has the right to perform the carriage by regular liner vessels or other suitable ships.

3 3.5 Regarding disabled persons and persons with reduced mobility The Carrier strives to enable transport for all Passengers. Passengers who require special assistance due to disability before, during or after the trip, needs to notify the Carrier regarding the need of assistance when booking the trip. A booking of this type needs to be carried out at least 48 hours before the time of departure. If such notification is not carried out, the Carrier can not guarantee the Passenger embarkation, and could in some cases be forced to refuse the Passenger embarking, in accordance with Regulation (EU) No 1177/2010 of the European Parliament and of the Council. Disabled persons and persons with reduced mobility who request special assistance must, when indicated by the Carrier, arrive at the point and at the time as designated by the Carrier in writing, at earliest 60 minutes before the designated embarkation time, or, if no embarkation time is stipulated, no later than 60 minutes before the departure time according to the timetable. 3.6 Traveling children 3.7 Freight Children under the age of 15 shall travel accompanied by an adult, unless otherwise agreed with the Carrier. In this agreement, Freight means: (i) goods which the Passenger may not bring as Cabin Luggage during the transportation and Luggage which the Passenger may not keep in his vehicle (see section 3.1); (ii) goods that occupy space in the ship s cargo hold; (iii) goods loaded in vehicles when the goods weight exceeds 150 kg and the goods are transported as a part of a commercial business; and (iv) buses and similar vehicles in professional regular or charter traffic for public transportation of Passengers. Freight is transported under the provisions of the 13 chapter of the Swedish Maritime Act (Sw. Sjölagen, 1994:1009). A shipping fee according to tariff is charged on Freight. For further provisions regarding Freight, please see the terms and conditions regarding Freight available on the Carrier s website. 4 During the journey 4.1 The Carrier has the right to load Passengers Luggage on deck when necessary.

4 4.2 Live animals may only be brought on the carriage if specifically agreed with the Carrier. The Carrier reserves the right to refuse bringing live animals for carriage if no such agreement has been reached. The Passenger is responsible for keeping brought animals outside of areas of the ship marked as animal-free. The Passenger is also responsible for brought animals not causing any damage to other Passengers or to the Carrier. 4.3 Smoking is only permitted on open deck or in designated smoking areas. 4.4 Visiting the vehicle deck is forbidden during the crossing. 4.5 Driving vehicles onboard and ashore shall be carried out through cooperation between drivers and the Carrier staff, and the driving shall be carried out with particular care. The Carrier is not liable for damage or loss due to the driver not following signs or instructions from the staff or similar. 4.6 When parking vehicles on the car deck the handbrake shall be used and the first gear put in. Motorcycles shall be lashed down to the special fittings. 4.7 Sales areas on the ships are under camera surveillance. All forms of theft and shoplifting are reported to the police. 4.8 Other vessels than announced may be used. 5 The Carrier s liability for personal injury and damage or loss of Luggage or Cabin Luggage 5.1 General The Carrier is, subject to the limitations set out below in this Section 5, liable for the personal injury of Passengers and the loss and damage of Luggage or Cabin Luggage, if such injury, loss or damage was caused by an event during the carriage, given, without prejudice to Section 5.2 and 5.3, that the event which caused the damage or loss was due to the fault or neglect by the Carrier or someone for whom the Carrier was responsible. The same applies when damage is due to the delay of Passengers, Cabin Luggage or Luggage The Carrier s liability for personal injury and damage or loss of Luggage or Cabin Luggage under this agreement only relates to damage arising from incidents that occurred during the trip. The Carrier is not liable for damage that occurred before driving onboard or the embarkation of the Passenger, or after driving ashore or the disembarkation of the Passenger. Thus, the Carrier is not liable for damage that occurs when the Passenger is in a port terminal or station facility, on a quay, or at another port facility.

5 In accordance with applicable national and EU regulations, liability is specified by using the International Monetary Fund s special drawing rights (hereafter SDR). As of 1 July 2017, 1 SDR equals 11.8 SEK. For the current exchange rate against SEK, refer to the website of the Swedish Central Bank ( 5.2 Limitation of liability for damage on, or loss of, Luggage, Cabin Luggage, vehicles and valuables The Carrier is liable for loss or damage due to the loss of Cabin Luggage, if the event causing the damage is due to the fault or negligence of the Carrier. In the event of a shipping incident, fault or negligence is presumed. The Carrier s liability in these cases are limited to: a) SDR for the loss of or damage to Cabin Luggage (which are not stored in or on vehicles) per Passenger and carriage; b) SDR for the loss of or damage to vehicles, including all Luggage carried in or on the vehicle, per vehicle and carriage; and c) SDR for the loss of or damage to Luggage of other kinds than mentioned in (a) or (b), per Passenger and carriage. Shipping incident means shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship When compensation for damage to vehicles is performed, a deduction of 330 SDR on the distributable amount, per vehicle, applies. When compensation for damage on the remaining types of Luggage is made, a deduction of 149 SDR on the distributable amount, per Passenger, applies The Carrier is not obliged to replace money, securities, artifacts or other valuables other than if the carrier has received the property for safe storage. In case the Carrier is responsible for the Passenger's valuables, the amount is refunded in accordance with Section (c) The Carrier is not responsible for live animals brought on the trip. 5.3 Limitation of liability for death or personal injury The Carrier is liable for damage due to a Passenger s death or personal injury caused by a shipping incident, unless the Carrier proves that the incident: - resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or

6 - was wholly caused by an act or omission done with the intent to cause the incident by a third party The Carrier s liability for the shipping incident should not exceed SDR per Passenger and event. In the event that the Carrier can prove that the incident which caused the damage did not occur due to the fault or negligence of the Carrier, the Carrier is also liable for damages exceeding SDR The Carrier shall be liable for damage due to the death of a Passenger or the personal injury of a Passenger, if the damage was due to other events than a shipping incident, if the incident was caused by the fault or negligence of the Carrier The Carrier s liability for personal injury to a Passenger or a Passenger s death under section to above shall in no case exceed SDR per Passenger and incident When personal injury or death or the loss of or damage to Luggage was caused by the Passenger or the Passenger has contributed to the incident, the Carrier is not liable for the damage to the extent it was caused by the Passenger. 5.4 Other provisions The Carrier further refers to the Regulation (EC) No. 392/2009 of the European Parliament and of the Council of 23 April 2009, the Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 2010 and information provided on the ships, the terminals and our website. 6 Liability for damage caused by delay 6.1 The Carrier is liable for damage due to the delay of the passenger if the damage has been caused by the fault or negligence of the Carrier or by a third party which the carrier is responsible for, even if the delay is not due to an event during the journey. 6.2 In case of delay of Passengers, the Carrier s liability for damage caused by the delay is limited to SDR per Passenger. 6.3 In case of delay of Luggage, the Carrier s liability for damage caused by the delay is limited to: a) SDR per Passenger for Cabin Luggage; b) SDR per vehicle; and c) SDR per Passenger for other types of Luggage.

7 6.4 When compensation for damage due to delays of Passengers or Luggage, included vehicles, is performed, a deduction of 20 SDR on the distributable amount, per passenger, applies. 6.5 If the Passenger through negligence contributes to damage caused by delay, Chapter 6 Section 1 of the Swedish Tort Liability Act (Sw. skadeståndslagen, 1972:207) is applicable. 6.6 The Carrier refers further to the Swedish Maritime Code (Sw. Sjölagen, 1994:1009) regarding the Carrier s liability for damage due to delays. 7 Notice of loss or damage on Luggage 8 Limitation Passengers whose Luggage is damaged during the journey shall notify The Carrier in writing of such damage: - if the damaged Luggage is a Cabin Luggage and the damage is apparent, notification to the Carrier shall be done before or at the time of the disembarkation of Passenger; - if the damaged Luggage is not a Cabin Luggage and the damage is apparent, notification to the Carrier shall be done in connection with the delivery of the Luggage; or - if the damaged Luggage is not apparent, the complaint must be made within 15 days from the date of disembarkation. Claims for damages due to a Passenger s death or personal injury and loss or damage to Luggage are time-barred after two years. The limitation period is calculated as follows. - In case of personal injury: From the date of the disembarkation of the Passenger. - In case of Passenger s death during carriage: From the date when the passenger should have disembarked. - In case of Passenger s death after carriage: From the time of death, provided that it has not gone longer than three years from disembarkation. - Loss or damage to Luggage: From the day of disembarkation.

8 9 Miscellaneous 9.1 Swedish law shall apply to transportation performed by the Carrier. 9.2 Claims regarding liability for The Carrier under these Terms, may according to the Swedish Maritime Act be brought before: (i) the maritime court of the location where the defendant has permanent residence or principal place of business, (ii) the maritime court of the contractual location of departure or destination, (iii) the court of the State in which the plaintiff has his domicile or habitual residence, provided that the defendant has a place of business in the State and is subject to its jurisdiction, or (iv) the court of the State where the transportation agreement was reached, provided that the defendant has a place of business in the State and is subject to its jurisdiction. 9.3 Passengers are advised to obtain a personal insurance for the voyage and their stay abroad. 10 Contact Messages to The Carrier regarding these Terms, e.g. complaints or claims, shall be sent to: Via info@hhferriesgroup.com Via mail: HH Ferries Helsingborg AB Knutpunkten Helsingborg Sweden