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Conditions of Carriage
Conditions of Carriage
FINNLINES PLC’s and REDERI AB NORDÖ-LINK’S STANDARD CONDITIONS OF CARRIAGE FOR PASSENGERS, THEIR LUGGAGE AND ACCOMPANYING VEHICLES
1. CONTRACT OF CARRIAGE: STANDARD CONDITIONS AND PARTIES
On the routes Helsinki–Travemünde v.v. and Naantali–Långnäs–Kapellskär v.v. the carrier is Finnlines Plc, Helsinki, Finland. On the Malmö–Travemünde v.v. route the carrier is Rederi AB Nordö-Link, Sweden.
(Finnlines Plc and Rederi AB Nordö-Link are each jointly and separately hereinafter referred to as the ‘carrier’, and passenger hereinafter also referred to as ‘customer’.)
The contract of carriage evidenced by the booking confirmation/ticket containing these standard conditions of carriage is concluded between the carrier and the passenger.
The carrier is entitled at any time to change these terms and conditions. These terms and conditions, as amended from time to time, are applicable to the contract of carriage between the carrier and the passenger.
2. SCOPE OF APPLICATION
These standard conditions of carriage as well as the provisions of the applicable law referred to in clause 17 below shall govern the carriage by sea of the passenger and luggage (including hand/cabin baggage, any accompanying article and/or vehicle and/or caravan that are carried without any other shipping document issued by the carrier). Carriage by sea covers the period when the passenger and his/her luggage are in the closed terminal area in the port of departure after checking in, on board the vessel, in the closed terminal area in the port of destination. These Standard Conditions do not cover the package tour sales by the carrier or the carrier’s business as tour operator.
On the Naantali–Långnäs–Kapellskär v.v. route only passengers with vehicles are accepted.
Reservations can be made via Finnlines online service or call centers or partner travel agencies.
Finnlines Online Booking www.finnlines.com
Finland: Finnlines Passenger Services, phone +358 9 231 43 100, e-mail firstname.lastname@example.org
Germany: Finnlines Passagierdienst (Finnlines Deutschland GmbH), phone +49 451 1507 443, e-mail email@example.com
Sweden: Finnlines Passenger Services, phone +46 771 340 900, e-mail firstname.lastname@example.org
INFORMATION ON PASSENGERS: The following information concerning all passengers must be provided when a reservation is made: surname, given name(s), gender, full date of birth and nationality and the passenger shall also inform the carrier of any impairment of mobility that could be of significance in relation to rescue measures (statutory passenger registration). In addition, a phone number where the passenger can be reached during the voyage and e-mail and mail address must be provided by the passenger. Passengers´ personal data are handled in accordance with the applicable law.
INFORMATION ON VEHICLES: The following information must be provided when a place for a vehicle is reserved: registration number, type of vehicle and vehicle dimensions, including any additional load affecting the dimensions of the vehicle. All prices published in Finnlines brochures and on Finnlines web pages are valid for non-commercial passenger vehicles. If it is established at the check-in that the dimensions of a vehicle exceed the figures provided when the reservation was made or that the booked vehicle is not a passenger vehicle but registered as a cargo vehicle, an effort will be made to reserve a new place and the customer will be charged an additional fee in accordance with the passenger vehicle or the cargo price list. However, the carrier cannot guarantee the availability of a new place. One passenger, with
an appropriate driving license, can take only one vehicle. Vehicles carrying commercial goods, vehicles registered for commercial transportation, and buses with no other passengers but 1-2 drivers are booked as cargo.
PETS: see clause 8 below.
HAZARDOUS AND DANGEROUS SUBSTANCES: Transporting hazardous and dangerous substances as luggage or as hand luggage is not permitted, except gas cylinders connected to camper vans/caravans. The valves of gas cylinders must be kept closed throughout the time on board the ship.
FIREARMS AND AMMUNITION: On certain routes, the passenger has a possibility to transport firearms and ammunition for personal use. Transport arrangements of the firearms and ammunition shall be made at the time the reservation is made. Upon the reservation, a written commitment, where the passenger commits him/herself to follow the domestic and international legislation regarding the firearms as well as orders given by the master of the vessel, shall be sent to the passenger. In the commitment, the passenger commits him/herself in writing to leave the firearms in a locked place situated on the car deck which only the passenger him/herself has access to. The master of the vessel can, when necessary, refuse to carry firearms and ammunition on certain departures. The carrier is not responsible towards the passenger in case the master of the vessel has made a decision not to allow the passenger to transport firearms and ammunition on a certain voyage.
4. TERMS OF PAYMENT, MODIFICATION AND CANCELLATION
Terms of payment, modification and cancellation of a reservation are determined based on the booked ticket category and route.
The two ticket categories are Special and Standard (also referred to as Special-category and Standard-category tickets). The Special-category ticket prices are determined by reservation date and available capacity on the requested departure at the time of booking. The amount of Special-category tickets is limited and cannot be use for group bookings. Special-category tickets are only sold until the check-in for the departure in question begins. Fixed Standard prices are determined by requested date of departure and are valid as long as there is available capacity on that departure.
All changes and cancellations to reservations are to be made to the company where the original booking was made to and was or is paid to. Change and cancellation requests are registered on the day they are received. Request made via e-mail during public holidays, weekends and other non-business hours, will be registered as received on the next business day.
Overdue invoices based on the former contracts of carriage between the carrier and the customer are to be paid prior to departure.
By confirming the reservation (payment) or using the services of the carrier the passenger agrees to the terms and conditions stipulated in this document.
4.1 TERMS OF PAYMENT
Special-category tickets are to be paid immediately upon booking.
Standard-category tickets follow the below payment terms:
|Reservation channel||Route||Payment due|
|Finnlines Online Booking System and Check-in||All||immediately upon booking|
|Finnlines Call Center (phone or e-mail) or a Travel Agency||Helsinki–Travemünde||30 days prior to departure/ immediately if less than 30 to departure|
|10 days prior to departure/ immediately if less than 10 to departure|
If both ticket categories are found in the same reservation, the payment term of the reservation follows the stricter terms of the Special-category tickets. If there is more than one voyage reserved using the Standard-category tickets, payment will be due in accordance with the first date of travel on the reservation.
4.2 TERMS OF MODIFICATIONS
The passenger cannot make any changes to Special-category tickets.
Changes can be made to Standard-category tickets on the following terms:
|Route||Prior to departure||Charge / each time changes are made|
|Helsinki–Travemünde||at least 30 days||no charge|
|less than 30 days||30 €|
|at least 10 days||no charge|
|less than 10 days||15 €|
Making date, route and traveller changes to Standard-priced reservations is possible. Standard-category tickets cannot be changed to Special-category tickets and specific offers used in already made reservations cannot be changed. When making changes any applicable increase in fares will be charged from the customer. If the value of the reservation decreases, the customer will be charged the cancelation fee stated in the terms and conditions (see clause 4.3 below). If the reservation has been changed and it is subsequently cancelled the cancellation fees will be calculated as if the original reservation would have been cancelled on the cancellation date. Changes to the reservation cannot be made after the check-in for the departure in question has begun. Changes to Standard-priced tickets can be made a maximum of two times and the reservation can be moved forward maximum three months from the original departure
4.3 TERMS OF CANCELLATION
Special-category tickets are non refundable.
Standard-category tickets can be cancelled with following terms:
|Route||Days prior to departure||Cancellation fee/ cancellation|
|Helsinki–Travemünde||at least 30 days||no fee|
|29–15 days||25 % of the price difference|
|14–2 days||50 % of the price difference|
|less than 48 hours||100 % of the price difference|
|at least 10 days||no fee|
|9–5 days||25 % of the price difference|
|4–2 days||50 % of the price difference|
|less than 48 hours||100 % of the price difference|
The cancellation fee is deducted from the sum returned to the customer, when a reservation or a part of a reservation is cancelled or the sum of the reservation decreases. The cancellation fee is calculated from the difference between the original reservation and the remaining changed reservation. If a multi-leg reservation where the first leg of the reservation or more than one leg is cancelled, the 20% return or multi-leg discount will be cancelled from the remaining first leg. No refund will be paid in ”no show” cases. In a multi-leg reservation all legs after the ”no show” leg will be cancelled and no refund will be paid. No refund is paid, if a trip has not been cancelled. It is not possible to cancel the return part of a cruise reservation.
In addition to the possible cancellation fee a deduction of EUR 15 per reservation for office expenses is always made for each cancellation from the sum repaid.
4.4 RESERVATIONS WITH OFFER CODE
Reservations made with offer codes must be booked and paid in advance. No discounts are granted at the check-in in the harbour and no discounts are refunded afterwards. Only one discount type per reservation is possible. Despite of the aforesaid the Star Club discount is available in addition to already discounted rates. Documents indicating entitlement to any discount must be presented upon request. The number of discounted places is limited.
5. CHANGES TO FARES AND TIMETABLES
The carrier reserves the right to alter fares and timetables without prior notice. Times shown in timetables (departure, arrival and sailing time at sea) cannot be guaranteed. The carrier assumes no liability for damages or costs incurred by the passenger as a result of any changes, irrespective of the nature or type of these damages or costs in case the changes are due to weather conditions or other force majeure causes. Regarding the carrier’s liability, see clauses 13 and 17 below.
6. JUNIOR AND CHILD FARES
The junior and child fares apply to juniors (aged 13–17) or children (aged 0–12) travelling with their parents or guardian (in the same cabin). A person travelling overnight with a 0–12-year-old child must always reserve a cabin for themselves. Juniors travelling alone must pay full fare of adults. Children 0–12 years of age are not permitted to travel alone. Juniors 13–17 years of age travelling alone need a written permit from their parent or legal guardian.
Separate terms of payment, modification, and cancellation apply to groups. Ten persons paying adult and / or junior (aged 13–17) group fare shall be deemed to constitute a group. All members of a group must depart and return on the same date and be covered by a single invoice. Detailed terms and conditions will be communicated at the same time when the group rates are given. Group rates are available from the Finnlines call center.
A person travelling with a pet must reserve a pet cabin and all pets need to be notified upon reservation. Each vessel has a limited number of cabins for passengers travelling with pets. No more than two pets per cabin are allowed. In case the passenger has not reserved a pet cabin in advance the carrier cannot guarantee that the passenger can travel on the reserved departure in case there are no pet cabins available anymore. In case there are no pet cabins available the passenger cannot travel on the reserved departure and the reservation is deemed cancelled by the passenger. In case the passenger brings any pet on board the vessel without reserving a pet cabin in advance the carrier is entitled to charge the double the price of a pet cabin from the passenger. Transport arrangements regarding other pets than cats and dogs shall be agreed separately through call centre. Pets may not be taken into bars, restaurants or sauna areas on board the vessel and the presence of pets in other public areas must be kept to a minimum. The passenger travelling with a pet is liable for any damage caused by the pet. The passenger must have with him/her the documents required by the authorities. If the authorities refuse entry of a pet on the grounds of inadequate documentation and the pet is turned away back to port of departure liability for any costs thus incurred resides fully with the passenger. Regarding carrier´s liability for pets, see clauses 13, 14 and 17 below.
Horse and husky transport fares will be calculated according to additional meter surcharge and are to be booked via call centre only.
9. TRAVEL DOCUMENTS: PASSPORT, VISA AND OTHER TRAVEL PERMIT
EU and Swiss citizens: The passenger must have a valid passport or an official identity card issued in an EU country or in Switzerland which the states in question has approved as a travel document. Children must have their own passport or official identity card.
Citizens of other countries: The passenger must have a valid passport and other necessary travel documents.
Responsibility for inadequate travel documents: Passengers themselves are responsible for ascertaining what travel documents are required. If the carrier or an authority refuses entry ashore or on board from a passenger on the grounds of inadequate travel documents, the passenger is liable for any costs incurred to him/her (including the possible return journey) or to the carrier.
The identity of all passengers will be checked at the check-in in the harbour.
The booking confirmation which the passenger receives when making the reservation, is deemed to be a travel ticket as soon as the reservation has been paid in its entirety. The booking confirmation / the ticket, which evidences the contract of carriage incorporating the standard conditions, is a personal document which is valid for carriage of only the persons and vehicles specified and for receipt of the services indicated on it. A passenger may not transfer the rights indicated on the ticket to another person. Anyone who has reserved a ticket on behalf of another person shall be considered to have been empowered to do so as well as to accept these standard conditions of carriage on behalf of the other person.
A valid passport or an official identity card as well as other possible travel documents and the booking confirmation which is deemed to be a travel ticket as soon as the reservation has been paid, must be displayed at the check-in. The passenger receives his or her boarding card and cabin key after having presented the aforementioned documents. The check-in closes, depending on the route, 1-2 hours before the vessel’s announced departure time. Passengers must observe the check-in times to ensure that their embarkation and the loading of their vehicle on board the vessel can be arranged appropriately without causing unnecessary delay to the departure of the vessel. The check-in times for each route can be found at www.finnlines.com. If passengers arrive at the check-in after it has already closed, neither they nor their vehicles can be guaranteed a place on the ship.
12. GENERAL SAFETY REGULATIONS AT THE TERMINAL, HARBOUR AREA AND ON BOARD THE VESSEL
RESTRICTIONS ON LUGGAGE ON THE VESSEL: Passengers may not bring to the terminal or on board the vessel any luggage (including vehicle) or hand baggage that can cause a hazard or inconvenience to the terminal, the vessel, people, other luggage, hand baggage or cargo. The carrier is entitled to carry ashore, render innocuous or destroy any such luggage and/or hand luggage, at the passenger´s expense and without any liability on its own part, which is deemed by the carrier to cause or to be able to cause hazard or inconvenience.
SECURITY CHECK: All passengers, vehicles, luggage and hand luggage going on board the vessel can be subjected to a security inspection in the departure area of the terminal or on board the vessel. A passenger who refuses to undergo a security inspection can be denied access to the vessel and the authorities will be notified of the matter.
DISEMBARKING FROM THE VESSEL BEFORE DEPARTURE: A passenger who has boarded the vessel may not disembark from it before departure. If, nevertheless, the passenger does disembark, all luggage (including vehicle) and hand luggage must be removed from the vessel. A passenger who has disembarked from the vessel before its departure must compensate the carrier for the costs resulting from disembarkation and the removal of the vehicle.
SAFETY ON BOARD: After they have boarded the vessel, passengers must familiarise themselves with the safety instructions displayed in the cabins. Passengers are obliged to comply with the regulations in force on board the vessel and to follow the disciplinary instructions and safety rules issued by crew members. Passengers must always have their boarding card or cabin key with them while they are on board the vessel.
REMOVAL OF A PASSENGER FROM A VESSEL: The carrier reserves the right to refuse to carry a passenger or to remove from the vessel a passenger who may pose a danger to his or her own safety, or the safety of other passengers, the crew or the vessel. A passenger who has been removed from the vessel is liable to compensate the carrier for the cost of removing him or her and his or her vehicle.
SAFETY ON THE CAR DECK: All goods inside a vehicle must be properly secured. The handbrake must be applied at all times during the voyage. It is forbidden to loiter on the car deck during the voyage. Smoking and naked flames are forbidden on the car deck. The valves of gas cylinders connected to campers/caravans must be kept closed throughout the time on board the vessel. Due to safety reasons, there is a recording video surveillance on the vessels. The video surveillance is carried out in accordance with applicable legislation and is indicated by signs in the controlled areas.
13. LIABILITY OF CARRIER
The carrier’s liability is defined in the provisions of applicable law as defined in clause 17 below. The carrier limits its liability and amount to be compensated for the death of or personal injury to a passenger as well as loss of or damage to luggage (“Limitations”). The Limitations are based on the applicable law and Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (as amended by the 2002
Protocol) (“Athens Convention”) as enacted in accordance with the Regulation (EC) No 392/2009 of the European Parliament and of the Council.
The Regulation (EU) No 1177/2010 of the European Parliament and of the Council is applied for compensations in connection with cancelled or delayed departures as well delayed arrivals.
The carrier and the passenger agree that the liability of the carrier shall be subject to deductibles stipulated in the article 8 of the Athens Convention and such sums are to be deducted from the loss or damage. The carrier is not liable for any damage or loss or for costs arising from delay which are caused before the beginning or after the termination of the carriage by sea of passengers and their luggage as defined in clause 2 above. The carrier is not liable for the loss of or injury to live animals resulting from any special risks inherent in that kind of carriage. Notwithstanding anything contained in these standard conditions the carrier’s aggregate liability resulting from any distinct occasion is always globally limited in accordance with the provisions of limitation of liability on maritime claims under the Finnish Maritime Code or of applicable international conventions as applied by the competent court referred to in clause 18 below.
In case there is apparent damage to luggage (including vehicles) the passenger shall give written notice to the carrier (a) for hand luggage, before or at the time of disembarkation of the passenger; or (b) for all other luggage, before or at the time of its re-delivery. In case the damage to the luggage is not apparent the written notice must be submitted to the carrier within 15 days from the date of disembarkation of the passenger.
If a dispute concerning the contract of carriage cannot be resolved through negotiations between the parties, the consumer can consult the Consumer Disputes Board (www.kuluttajariita.fi/en) on the matter.
Before taking the matter to the Consumer Disputes Board, the consumer shall contact the Local Register Offices' Consumer Advisory Service (www.kkv.fi/en/consumer-advice).
14. LIABILITY OF THE CARRIER´S EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTUAL PARTNERS
If an action is brought directly against the owner of the vessel, charterer, manager, its master, crew or any other person in the employ of the carrier, a carrier agent or independent contractor or against anyone having an interest in the vessel, such a person shall be entitled to avail himself of defences and limits of liability which the carrier is entitled to invoke under the contract of carriage and the relevant act specified in clause 17 below or the Athens Convention, as if they had been expressly made for his benefit. The carrier enters into the contract of carriage not only on its own behalf, but also as an agent and trustee for such persons who shall to this extent be or be deemed to be parties to the contract of carriage. The indemnities payable by the carrier and the other abovementioned persons may in no event, even in aggregate, exceed the maximum amounts specified in the contract of carriage or in the applicable law specified in clause 17 below or in the Athens Convention where applicable.
15. RIGHT OF CANCELLATION OF A CONTRACT
The rights of both the passenger and the carrier to cancel the contract of carriage are specified in the applicable law as specified in clause 17 below.
16. PERFORMANCE OF TRANSPORTATION
The carrier is entitled to perform the transport by another vessel than the one announced or specified on the ticket.
17. APPLICABLE LAW
When Finnlines Plc is the carrier the contract of carriage is subject to Finnish law. When Rederi AB Nordö-Link is the carrier the contract of carriage is subject to Swedish law. If the terms of these standard conditions are in conflict with the mandatory provisions of the Athens Convention or the mandatory provisions of national legislation that are applicable to any dispute concerning this contract of carriage, the
mandatory provisions shall supersede the terms of standard conditions of this contract of carriage insofar as there is a conflict between these standard conditions and the provisions. Otherwise, the terms of these standard conditions of carriage shall apply.
Disputes arising under or in relation to the contract of carriage shall be determined at the option of the plaintiff by the competent court
a) at the place of permanent residence or principal place of business of the defendant,
b) at the place of departure or the place of destination of the vessel according to the contract of carriage.
If the Athens Convention applies to the contract of carriage in accordance with clause 17 above, the dispute may, at the option of the plaintiff, be determined by the court specified in Article 17, 1 (c) and (b) of the said Convention.
28 July 2017