|
|
| |
 |
| |
| PERVEŽIMO SĄLYGOS (EN) |
| |
General
- These terms and conditions (“Terms”) apply to all
passengers (hereafter “Passengers”) traveling with ForSea
(hereafter the “Carrier”) between Helsingborg and Elsinore (Sw.
Helsingör, Helsingør).
- For Passengers who have purchased or bookedtickets
through forseaferries.com, the ForSea’s 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.
- 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:
- When the passenger has booked a ticket in advance –
when the Carrier provides a confirmation of the booking.
- When no booking in advance has been made – when the
Passenger pays for the trip.
- 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.
- 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.
Before the trip
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.
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 3.2.1 above.
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.
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.
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.
Traveling children
Children under the age of 15 shall travel accompanied by an
adult, unless otherwise agreed with the Carrier.
Bring your pet
You are more than welcome to bring your dog or cat onboard our
ferries. No extra ticket is necessary for your pets. Your pet is
welcome on our passenger’s deck, but they have to be on a leash
and accompanied by an adult. They may not disturbed any of the
other passengers.When entering into Sweden from another country
you must report your pet to Swedish Customs. These are the rules
for importing your cat or dog:
Be at least 15 weeks old
Be identity marked with a microchip
Be vaccinated against rabies at least 21 days before leaving
Sweden
Have a pet passport
Be reported to Swedish Customs before leaving Sweden in the
first place.
For more information, visit Swedish Customs.
Freight
In this agreement, Freight means:
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);
goods that occupy space in the ship’s cargo hold;
goods loaded in vehicles when the goods weight exceeds 150 kg
and the goods are transported as a part of a commercial
business; and
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.
During the journey
The Carrier has the right to load Passengers’ Luggage on deck
when necessary.
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.
Smoking is only permitted on open deck or in designated smoking
areas.
Visiting the vehicle deck is forbidden during the crossing.
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.
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.
Sales areas on the ships are under camera surveillance. All
forms of theft and shoplifting are reported to the police.
The Carrier’s liability for damage
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, if such injury, loss or damage was
caused by an event during the carriage, given, without prejudice
to Section 5.4, 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 or Luggage.
The Carrier’s liability 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.
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 March
2016, 1 SDR equals 11.9 SEK. For the current exchange rate
against SEK, refer to the website of the Swedish Central Bank
(riksbank.se).
Limitation of liability for delays
In case of delay of Passengers, The Carrier’s liability is
limited to 4.150 SDR per Passenger.
In case of delay of Luggage the liability of The Carrier is
limited to:
250 SDR per Passenger for Cabin Luggage;
700 SDR per vehicle; and
375 SDR per Passenger for other types of Luggage.
When compensation for damage due to delays of Passengers is
performed, a deduction of 20 SDR on the distributable amount,
per passenger, applies. When compensation for damage due to
delays of vehicles is performed, a deduction of 330 SDR on the
distributable amount, per vehicle, applies. When compensation
for damage due to delays of the remaining types of Luggage is
made, a deduction of 149 SDR on the distributable amount, per
Passenger, applies.
Limitation of liability for damage
on, or loss of, 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. The Carrier’s liability in
these cases are limited to:
250 SDR for the loss of or damage to Cabin Luggage (which are
not stored in or on vehicles) per Passenger and carriage;
700 SDR for the loss of or damage to vehicles, including all
Luggage carried in or on the vehicle, per vehicle and carriage;
and
375 SDR for the loss of or damage to Luggage of other kinds than
mentioned in (a) or (b), per Passenger and carriage.
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 liable to loss or damage on valuables.
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
was wholly caused by an act or omission done with the intent to
cause the incident by a third party.
Shipping incident means shipwreck, capsizing, collision or
stranding, explosion and fire, or defect in the ship.
The Carrier’s liability for the shipping incident should not
exceed 250.000 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 250.000 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 5.4.1 to 5.4.3 above shall in no
case exceed 400.000 SDR per Passenger and incident.
Disclaimers
If the ticket so provides, or if it is otherwise agreed or
clearly provided, that the whole transportation, or a specific
part of the transportation, shall be performed by a third party,
the Carrier disclaims all liability for damage, loss or delay,
caused by incidents occurring when the transportation is
performed by the third party. This also applies if, according to
the agreement, the Passenger has the right to wholly or partly
hire another carrier than the
The Carrier is only liable for damage caused by delay in the
carriage under normal weather conditions.
The Carrier is not responsible for live animals brought on the
trip.
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.
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.
The Carrier is not liable for damage or loss caused by roadwork,
complicated traffic conditions, lack of road markings or
instructions, abnormal water levels or other conditions, when
driving on the terminal area, ramps or similar, even if the
Carrier or its employees could or could have noticed these
conditions at the time the Passenger passes the ticket office,
footbridges or when driving aboard on or ashore from the ship.
The Carrier is not liable for damages to vehicles caused by the
vehicle being lowered, rebuilt or heavily loaded. In addition,
the Carrier is not liable for damage on any special equipment,
even including Luggage, which is attached to the outside or on
top of vehicles and which becomes damaged when the vehicle is in
motion.
The Carrier is not liable for any loss or damage caused by
discrepancies in the operations, including Force Majeure,
technical reasons, water and road conditions, and reserves the
right to change departure times and fares without notice.
Another vessel than announced may be used.
Notice of loss or damage on Luggage
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.
Limitation
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.
Miscellaneous
Swedish law shall apply to transportation performed by the
Carrier.
Claims regarding liability for The Carrier under these Terms,
may according to the Swedish Maritime Act (Sw. Sjölagen,
1994:1009) be brought before:
the maritime court of the location where the defendant has
permanent residence or principal place of business,
the maritime court of the contractual location of departure or
destination,
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
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.
Passengers are advised to obtain a personal insurance for the
voyage and their stay abroad. |
| |
|
|
| |
|
|
|
|
|
