§ 1 Preamble
(1) These General
Conditions (hereinafter referred to as "General
Conditions") apply to all contracts of carriage
concluded between Scandlines Deutschland GmbH or
Scandlines Rostock – Gedser GmbH (hereinafter referred
to as "Scandlines") and
individual passengers or groups of passengers. For
groups of passengers, including external services booked
via Scandlines the General Conditions “Passenger Groups”
additionally are applicable and in case of
contradictions shall prevail. The General Conditions
also apply to all passengers' carriage with vehicles,
provided these vehicles belong to one of the classes of
vehicles for which Scandlines' carriage rates are valid
at the time of conclusion of the contract of carriage,
and provided they are officially licensed for
international road traffic (hereinafter
"vehicles"). The General
Conditions further apply to all passengers' carriage
with domestic animals (pets), baggage and/or other
goods. The General Conditions also apply to all
contracts of carriages between the passenger and
Scandlines for combined ferry tickets, in which
Scandlines' services are combined with those of other
shipping companies in a package deal.
(2) With the exception
of liability for damages suffered by passengers in
connection with the railway operation, the rail-sea
carriage of passengers is subject to the provisions of
the General Conditions.
The General Conditions
are on display at Scandlines' Service Centres and are
available at these centres upon request. The General
Conditions are further available at travel offices and
travel agencies (hereinafter jointly referred to as
"travel operators") and may be inspected at
these places. They may also be inspected at the check-in
counter, on the Internet at URL:
www.scandlines.de as well as in other information
materials of Scandlines.
§ 2
Conclusion of contracts of carriages
(1) In order to
conclude a contract of carriage the passenger may
contact Scandlines orally, by telephone, in writing
(including fax and e-mail) or via Internet at the URL:
www.scandlines.de, or through the agency of a travel
operator. Scandlines shall regard the aforementioned
contact as a request to offer the conclusion of a
contract of carriage to the passenger. Such offers of
Scandlines shall always be subject to these General
Conditions.
(2) Scandlines at any
time is entitled to ask the passengers for personal data
according to § 2 par. 2 of these General Conditions of
Carriage.
§ 3
Fares; Payment Dates
(1) The carriage
charge for each crossing is calculated on the basis of
the tariff selected on the day of booking or booking
alteration at the prices valid on the date of the
crossing for the cited routes and journey data. The
conditions for the “Economy”, “Economy EXTRA” and “FLEX”
tariffs (hereafter: “tariffs”)
are published in the latest tariff information. The
current fares can be accessed on the internet at
www.scandlines.de, or you can ask at the Scandlines
Service Centres.
(2) The prices
exclusively apply to tickets bought in Germany. The
ferry tickets' prices bought in other countries, which
have not joined the EURO-currency, such as Denmark or
Sweden, may differ from German prices and are based on
the prices valid in those countries. In case of payment
in other currencies than the respectively applicable
local currency, the exchange rate is calculated based on
the exchange rate effective within the
Scandlines-system.
(3) The fare is due
and payable immediately after the conclusion of the
respective contract of carriage. Should cancellation,
termination, change of booking etc. lead to a customer’s
claim to reimbursement of the fare or a part hereof,
Scandlines will reimburse the customer less any and all
applicable deductible charges etc. in so far as details
of a suitable bank connection for the customer have been
supplied. Due to technical reasons, such reimbursement
cannot take place sooner than 6 weeks after payment has
been made. Costs and bank transfer fees shall be borne
by the customer, unless Scandlines, contrary to § 9 of
these General Conditions of Carriage, is liable for the
reason for reimbursement. Reimbursement amounts of EURO
5.00 or less will not be refunded.
(4) A Passenger paying
in cash may use other selected currencies besides EURO
at the check-in counters. The passenger may obtain
binding information regarding the acceptance of foreign
currencies and the respective conversion rates
applicable for Scandlines at the respective check-in
counters.
§ 4
Ferry tickets; inspection
(1) For each contract
of carriage, Scandlines issues a travel document to the
respective passenger. The travel document is only valid
for the date and time printed on it for the (single and,
if relevant, return) crossing. On other crossings there
is no entitlement to carriage. However, if another
crossing is selected the passenger shall be entitled to
a change in booking. The consequence of the change in
booking shall be determined in accordance with the
detailed provisions of these General Conditions of
Carriage relating to cancellation by the passenger or to
the rules on changes concerning the respective tariffs.
If Scandlines issues
ferry tickets with no specific date of travel, the
(single) journey must be made within three months from
the date of the conclusion of the contract of carriage.
After these periods of validity, the right to carriage
expires, and the passenger may only demand a refund of
any fare already paid according to § 10 (termination by
the passenger). Regarding ferry tickets for return
journeys, which do not indicate the date of the return
journey, the return must likewise take place within
three months from the date of the conclusion of the
contract of carriage. After this time the return right
to carriage expires, any fare already paid can be
refunded only (if applicable, § 10 par. 7) according to
the provisions covering the refund of unused services
(§ 10 par. 4). In the case of open return voyages, the
highest price in the relevant carriage rate within the
period of the validity of the ticket shall always apply
for the calculation of the carriage charge. If a booking
is altered to a specific departure time up to one
calendar day before departure, the difference in the
amount will be refunded. If a booking alteration is not
made up to one calendar day before departure, no refund
will be given.
(2) The time
restrictions under par. 1 of this Section do not apply
to travel documents, vouchers etc. which are explicitly
designated as “open”, the validity of which is
determined in accordance with the statutory regulations.
(3) Meals on board
bought online or in Scandlines Service Centre will be
included in your Scandlines ferry booking. When you tip
in your booking number / booking-ID at the check-in in
the port you will automatically receive a food-voucher.
This voucher is your means of payment for the prepaid
meal and is to be given to the staff in the “Scandlines
Buffet” onboard the ferry..
The order confirmation and ticket itself is not accepted
as means of payment in the “Scandlines Buffet” on board.
Forgotten or lost food-vouchers will not be refunded,
and it is not possible to get the reserved table and
pre-booked onboard meal without a valid food-voucher.
To get the reserved table, you must present your voucher
in the “Scandlines Buffet” at the latest 15 minutes
after departure. Should you not meet this deadline you
will lose your reserved table and you will be placed in
the ordinary queue to get the first table available. The
voucher, however, stays valid for your booked crossing.
As long as you fulfill the conditions for rebooking of
the ticket, also your pre-booked food will be open for
rebooking. Any difference to a higher price between the
meal pre-booked and the meal consumed must be paid in
the port at the check-in. A rebooking of the pre-booked
meal is only possible in the manual lane in the port. To
get a refund in result of any changes to departures with
lower prices for pre-booked food you have to send a
written request to Scandlines Customer Service until 1
month after used departure.
General cancellation and refunding of a pre-booked
onboard meal can only take place if you have informed
Scandlines Customer Service before the departure time
stated on your booking confirmation.
(4) The ferry ticket
may be transferred to a third party until the beginning
of the journey (pursuant to § § 793, 807 of the German
Civil Code - Bürgerliches Gesetzbuch).
Transferred tickets may only allow for the transport of
vehicles which qualify for the same price category of
Scandlines; tickets are also transferable if the
registration number of the vehicle appears on the ferry
ticket. For special fares (e.g. child or student fares),
the ferry ticket may only be transferred to persons
meeting the requirements of the special fares.
(5) Within a group of
tourists, each group member is entitled to the rights
and obligations arising from the contract of carriage.
(6) The passenger, or
the tourist guide in case of a tourist group, has to
display the ferry ticket at the beginning of the
journey.
(7) Ferry tickets that
have been lost or mislaid cannot be replaced. However,
if the passenger can substantiate within the period of
validity of the ticket that the original ferry ticket
has been lost or cannot be found, then after expiry of
the ticket’s validity and subject to the condition that
the ticket really has not been used he shall be able to
claim a refund of the carriage charge less any and all
applicable deductible charges etc. This only applies,
however, if the loss of the ticket is notified before
the booked departure. If the loss is notified within the
cancellation deadlines, only the fees as set out in § 10
par. 2 will be charged if the ticket is not to be used.
(8) Notwithstanding
further claims arising from the conditions of carriage,
by concluding the carriage contract the passenger
declares his agreement that Scandlines may inspect
boarding cards and photographic identification on the
premises of the respective ferry port and on the
respective Scandlines ship. The passenger also declares
his agreement that Scandlines may search the vehicle
used and any baggage brought onto the premises of the
respective ferry terminal or Scandlines ship, or conduct
a body search, if there is concrete evidence of a right
to deny carriage (reason for termination of the carriage
contract) or if there is an impending occurrence of
criminal behaviour or behaviour relevant to security.
Insofar as national
and international safety guidelines apply, especially as
regards observance of the ISPS (International Ship and
Port Facility Security Code), e.g. if there is an
increased level of danger, the passenger declares his
agreement that Scandlines is obliged to conduct more
extensive inspections and measures on the premises of
the respective ferry port and the respective Scandlines
ship. Scandlines is permitted to select specially
commissioned and appropriate third parties to carry out
the inspections.
§ 5
Carriage of passengers with and without vehicles;
third-party services
(1) Scandlines is
entitled to provide carriage and all services in
connection therewith either with its own or with
chartered vessels or through other shipping companies
which are described in more detail in Scandlines'
timetables.
(2) The passenger,
travelling with or without vehicle, may demand to be
carried by a
particular ferry only if the passenger has
reserved a particular departure for her/himself and, if
applicable, the accompanying vehicle, has had the
reservation confirmed in writing by Scandlines or been
informed of a valid booking number and the information
made in the booking concerning type of vehicle and
number of passengers correspond with the type of vehicle
and number of passengers actually to be carried. Unless
the passenger and Scandlines have concluded a separate
agreement in writing, the reservation includes no
obligation of Scandlines to use the boat or type of boat
for carriage scheduled in the timetable. Unless
otherwise stated in the timetable, such indication of
particular boats or types of boats shall not be binding.
(3) The passenger's
right to be carried without a vehicle on a
particular departure expires if the passenger
does not go on board the ferry at least 15 minutes
before the scheduled departure time, or - if the ferry
arrives later or Scandlines is responsible for the delay
- does not appear in good time which can generally be
considered as appropriate for going on board, and a
trouble-free operation of the ferry could be compromised
by belated admission of the respective passenger.
(4) The passenger's
right to be carried with a vehicle on a
particular departure expires if the vehicle is
not made available for loading at the embarkation port
within a certain period before the scheduled departure
of the ferry determined by Scandlines (hereinafter "stand-by
times"). Stand-by times can vary by routes; the
corresponding stand-by times are indicated in the
respective timetables. Making the vehicle available
means that check-in, border and customs clearance have
been completed, and that there are no other obstacles
within the sphere of the passenger’s responsibility that
may prevent immediate loading.
(5) In relation to
Scandlines, the passenger assumes sole responsibly that
s/he, any accompanying minors and her/his baggage
fulfils the entry requirements of the country of the
port of destination, particularly (but not limited to)
that s/he is in possession of the necessary identity
papers and/or visa, as well as not infringing the other
foreign trade, customs, tax, import, passport or health
regulations, including import regulations for pets and
fresh food. In relation to the passenger, Scandlines
reserves the right (without obligation) to check whether
the passenger fulfils the respective entry requirements
before the journey commences.
(6) If, as a
consequence of not fulfilling the entry requirements,
the passenger is not allowed to enter the country of the
port of destination and therefore decides to travel
further or to return, Scandlines is entitled to claim
the fares for the respective additional distances.
(7) During
transportation, the passenger is to behave as demanded
by the safety and order of the ferry operation, her/his
own safety and consideration of other passengers. The
passenger is to follow the instructions of the ship's
officers and other persons instructed by Scandlines (§
665 of the German Commercial Code -
Handelsgesetzbuch). By order of the captain or the
mate, a passenger may be kept in detention until the
next port is reached (including non-scheduled ports), as
far as this is required for the passenger's own and/or
other passengers' safety and/or insofar as this is
appropriate to protect the legitimate interests of other
passengers demanding consideration according to the
prevailing practise.
§ 6
Carriage of unaccompanied children and young people
(1) Carriage of
unaccompanied children aged under 14 is not
permitted. Carriage of
unaccompanied young people aged from 14 to 17 may
take place if, on demand of Scandlines, the written
consent of someone in parental authority has been
granted and any documents required for entry into the
country of the port of destination have been furnished
on demand.
(2) The ship's
officers or other persons instructed by Scandlines are
entitled, but not obliged, to check the age, the
existence of the written consent of a person in parental
authority and of any further documents required for
entry into the country of the port of destination before
the journey commences. § 5 par. 7 (additional
fares after failed entry) applies mutatis
mutandis concerning the extent of the claim of
unjustified enrichment.
§ 7
Carriage of pets; Liability
(1) The carriage of
pets without an accompanying person (hereinafter
"pet owner") is not
permitted. The carriage of pets not meeting the entry
requirements of the destination country (particularly
through missing entry permits and vaccination and/or
health certificates) is also not permitted. The ship's
officers or other persons instructed by Scandlines are
entitled, but not obliged, to check whether entry
requirements have been fulfilled before the journey
commences. § 5 par. 7 (additional fares after failed
entry) applies accordingly.
(2) Living pets are
only to be transported in vehicles or in proper special
devices brought by the passenger (e.g. trailers). In
exceptional cases, small animals may, until revoked by
the ship's officers or other persons instructed by
Scandlines, be transported in suitable containers, out
of which they cannot escape, and/or on a leash. It must
be ensured that in any case the pets remain under
constant supervision by the pet owner and represent no
danger to other passengers.
(3) Guide dogs and
similar companion dogs (working dogs and dogs with a
psycho-therapeutic role) that accompany passengers with
disabilities travel on the ship free of charge and
without a transport container. The waiving of charges
and carriage on the ship is dependent on proof of
medical necessity. Passengers wishing to travel with a
companion dog must inform Scandlines in advance by
telephone; please see our separate "Information on
Passenger Rights in accordance with Regulation (EU)
1177/2010". Check-in must be completed at least 60
minutes before the scheduled departure time.
(4) Pets - with the
exception of guide dogs and guide dogs in training - are
not allowed in the restaurant without permission of the
ship's officers or other persons instructed by
Scandlines.
(5) Should the pet
owner repeatedly violate the aforementioned General
Conditions for animals on board of the ferry,
particularly to keep dogs on a leash and muzzled, the
ship's officers or other persons instructed by
Scandlines are entitled, but not obliged, to take the
animal into custody and only returning the animal to the
pet owner on leaving the ferry and/or to take the animal
and its owner from board at the next port (also
non-scheduled ports). Scandlines charges the pet owner
EURO 50.00 for the custody of the animal and for taking
it from board at a port (including a non-scheduled
port). Scandlines reserves the right to claim
significantly (at least 10 percent) higher expenses or
significantly higher damages. It is up to the pet owner
to furnish prove that Scandlines has sustained no or
significantly (at least 10 percent) lower expenses or
damages.
(6) The pet owner
shall be liable for pollutions of the ferry of
considerable extent and damages to it and its facilities
caused by the animal, as well as for damages caused to
other passengers according to the applicable legal
stipulations. Minor fouling of the ferry can be cleared
immediately by the pet owner her/himself; if the owner
does not clear the minor fouling immediately and/or
properly, Scandlines will charge the pet owner the
actual cleaning costs, at least, however, amounting to
EURO 30.00. It is up to the pet owner to furnish prove
that Scandlines has sustained no or significantly (at
least 10 percent) lower expenses or damages.
§ 8
Carriage of baggage and special cargo; Liability
(1) Hand baggage and
usual baggage that the passenger has in or on her/his
vehicle, in her/his cabin or otherwise in her/his
possession, care or observation, is carried without
extra charge (hereinafter "baggage").
(2) Larger baggage
units, bulky goods and freight of all kinds are not
transported, unless Scandlines has assented to their
transport in writing (hereinafter "special
cargo").
(3) The transport of
baggage and/or special cargo is not permitted without an
accompanying person (hereinafter "owner").
(4) Dead bodies are
only to be transported in vehicles and only if the legal
requirements for the transport of dead bodies of the
country of embarkation, the corresponding legal
requirements of the port of destination and the
regulations of the International Agreement on Body
Transport of February 10, 1937 are observed.
(5) The transport of
baggage and/or special cargo contravening criminal law
or criminal regulations according to German law or the
law of the country of embarkation or of the port of
destination (particularly German Narcotics Act -
BtMG), German Act on Arms (WaffRNeuRegG)
or foreign trade, customs, tax, import or export
regulations or regulations for the transport of
hazardous materials (particularly the German Law for the
Transport of Hazardous Goods and its issued decrees -
Gefahrgutbeförderungsgesetz), is not
permitted. Accompanying
firearms and/or ammunition must be declared by
the owner in good time before commencement of the
journey to the ship's officers or the staff commissioned
by them for this purpose (hereinafter "duty
to declare"). A right to carry firearms and/or
ammunition only exists with regard to the reported
objects and only if and insofar as the ship's officers
or the staff commissioned by them for this purpose
explicitly consent to the carriage of the firearms
and/or ammunition before the journey commences. Such
consent may be reserved to the precondition that the
owner hands over the firearms and/or ammunition to the
ship's officers for safekeeping.
Scandlines bears any costs arising from such
safekeeping. If firearms and/or ammunition are brought
on board without fulfilling the duty to declare or
without the agreement of the ship's officers or the
staff commissioned by them for this purpose, the ship's
officers may take them into safekeeping and/or discharge
them at any location, destroy them or otherwise make
them harmless. For the safekeeping of undeclared
firearms and/or ammunition, Scandlines will charge the
owner EURO 50.00, insofar as significantly higher costs
or damages do not arise. It is up to the owner to
furnish prove that Scandlines has sustained no or
significantly (at least 10 percent) lower costs or
damages. The liability of the passenger (owner) and the
other rights of the ship's officers according to § §
673, 564, 564a, 564b of the German Commercial Code (Handelsgesetzbuch)
remain unaffected.
(6) The ship's
officers or other employees of Scandlines are entitled,
but not obliged, to conduct spot checks and searches of
baggage and special cargo.
(7) The owner is
liable to Scandlines and other passengers for any
damages arising to Scandlines and/or other passengers
from objects brought on board by the owner, according to
legal stipulations, particularly § § 673, 411 of the
German Commercial Code (Handelsgesetzbuch).
(8) Baggage and/or
special cargo left on board by the owner and found by
Scandlines, is taken into safekeeping by Scandlines for
an appropriate charge or for a reimbursement of its
expenses and brought to the home port of the respective
ferry. Scandlines is entitled to search the baggage
and/or special cargo and/or to deposit it with third
parties. Scandlines will report the discovery and the
safekeeping to the address given on the label of the
baggage or special cargo. In regard to the safekeeping
of the baggage and special cargo and the rights and
responsibilities thereby arising, Scandlines, and/or the
third party with whom Scandlines has deposited the
baggage or special cargo, assume liability only for
damages caused intentionally or by gross negligence of
their legal representatives, employees or accomplices.
As far as the liability of Scandlines or of the third
party is excluded or limited, this also applies for the
personal liability of the legal representatives of
Scandlines and/or the third party and for their
respective employees and accomplices. The passenger
(owner) may only make her/his return claim in writing,
supplying proof of entitlement, and only within an
exclusion period of three months after her/his arrival
at the port of destination. After this period has
expired, Scandlines may deal with the baggage or special
cargo at its own discretion.
§ 9
No entitlement to transport with the next crossing;
cancelled and delayed crossings; exclusion of liability
(does
not
apply to claims under Regulation (EC) 1177/2010 and
Regulation (EC) 392/2009)
(1) As a matter of
principle, the passenger is not entitled to carriage on
the next crossing unless this was explicitly booked by
the passenger or the passenger is using a ticket which
explicitly contains an entitlement to carriage on the
next crossing under the charge and tariff conditions,
such as “FLEX-Tariffs”.
(2) In case of
unfavourable sea and weather conditions, such as high
and low water, heavy gales, icing of or the risk of ice
for (departure or destination) ports and routes, during
a closure of (departure or destination) ports and routes
for other reasons, measures of force majeure, danger of
epidemic, threat of assassination or breakdown of ships
for reasons for which Scandlines is not accountable,
Scandlines reserves the right to cancel crossings.
(3) The departure and
arrival times given in Scandlines' timetables are based
on experience. They can be missed during extreme weather
conditions, a high level of traffic at the arrival or
destination port or on the sea lanes or other similar
unscheduled events of a high impact in connection with
the ferry operation. Unless the scheduled arrival time
is exceeded by more than a third of the scheduled
crossing time, the passenger has no right of withdrawal
or claim for damages in any case. Such performance is
deemed to be a proper performance of the contract of
carriage. For longer delays (hereinafter "delays")
the passenger has the right to withdraw from the
contract of carriage if s/he has not yet started the
journey. The same applies for cancellations.
(4) Scandlines shall
be liable for damages from injury to life, body or
health and for damages to vehicles, animals, baggage or
other luggage (special cargo), according to the
applicable legal stipulations, particularly according to
Art. 2 ff. of the appendix to § 664 of the German
Commercial Code (Handelsgesetzbuch).
The passenger shall bear a deductible (Selbstbehalt)
of EURO 300.00 in case of damages to a vehicle and a
deductible of EURO 30.00 in case of loss of or damage to
other baggage (Art. 6 par. 4 of the appendix to § 664 of
the German Commercial Code). For damages not covered in
the appendix to § 664 of the German Commercial Code and
not caused intentionally or by gross negligence of
Scandlines, its legal representatives, employees or
accomplices (especially - without limitation - for
damages caused by post-departure delays attributable to
Scandlines or damages attributable to Scandlines due to
cancellations of crossings), the liability of Scandlines
shall be restricted to the agreed fare. As far as the
liability of Scandlines is excluded or restricted, this
shall also apply to the personal liability of its legal
representatives and its respective employees and
accomplices. Claims for futilely spent holiday time are
excluded.
(5) Scandlines is not
responsible for the guarding of baggage, special cargo
or vehicles during the crossing or in port. To cover
risks exceeding its liability Scandlines recommends to
the passenger to conclude an insurance contract to cover
any risks exceeding the liability of Scandlines.
(6) Deviating from par. 4, the stipulations of the
COTIF/CIV agreement exclusively apply for rail-sea
transport with respect to liability for injury to
persons or property suffered by a passenger through an
accident in connection with rail operation while s/he is
in the train compartment or climbing into or out of the
railway carriage (Art. 33 § 2 CIV).
§ 10
Claims under Regulation (EC)
1177/2010 and Regulation (EC) 392/2009
(1) The passenger’s
claims due to delays/cancellations under Regulation
(EC) 1177/2010 are not
affected by the above-mentioned provisions and the
passenger is entitled to them in accordance with the
requirements of Regulation (EC) 1177/2010. If a
departure is cancelled or delayed and this necessitates
a stay of one or more nights or an extension of the stay
planned by the passenger within the meaning of
Regulation (EC) 1177/2010, the total costs of the
accommodation ashore, excluding the costs of transport
between the port terminal and the place of
accommodation, shall be limited to € 80.00 per passenger
per night, for a maximum of three nights (Article 17(2)
of Regulation (EC) 1177/2010).
(2) The passenger’s
claims due to liability for accidents under Regulation
(EC) 392/2009 are not affected by the above-mentioned
provisions and the passenger is entitled to them in
accordance with the requirements of Regulation (EC)
392/2009. Scandlines shall only be liable for claims
under Regulation (EC) 392/2009 subject to a deductible
in the amount of 330 units of account in the event of
damage to a vehicle or 149 units of account in the event
of the loss of or damage to other luggage per passenger.
That amount shall be deducted from the amount of
compensation.
§ 11
Cancellation and change of reservation by the passenger
(1) Pursuant to § 4(1)
of these General Terms and Conditions of Carriage, the
passenger is entitled to cancel the contract of carriage
at any time before the ticket’s validity expires. Notice
of cancellation must be addressed to Scandlines and can
in the case of individual passengers be given either
verbally or in writing; in the case of bus and/or group
tours, it must be submitted in writing. If the contract
of carriage was concluded through a travel agent, notice
of cancellation should be submitted to the agent in
question. Any notice of cancellation addressed to
Scandlines will, however, serve to meet the deadline
stated in paragraphs 2 and 7 below.
(2) In all other
cases, the Change in Booking, Cancellation and Fare
Conditions as amended in 2013 apply to individual, group
or bus tours.
(3) On expiry of
ticket validity pursuant to § 4(1) of these General
Terms and Conditions of Carriage, any right of
cancellation by the passenger is excluded without
prejudice to the right to cancel for cause. If the
passenger has not made use of any partial services for
which Scandlines sets out a separate charge in its price
lists and if he can provide evidence thereof in the form
of written confirmation from the on-board personnel or –
in the case of a combined ticket – by presenting the
unused voucher for the remaining (partial) services
associated with the single service package, Scandlines
will refund 20 percent of the difference, minus the
administration fee as per paragraphs 2 and 3, between
the charge set out in the price list for the service
booked and the charge set out there for the service
actually used.
(4) If a travel agent
has brokered the contract of carriage between Scandlines
and the passenger, the latter must if cancelling
approach the travel agent to assert his claim for a
refund, in which case the latter will then act as
intermediary to effect a settlement between the
passenger and Scandlines. If to do so should make it
unreasonably difficult in an individual case for the
passenger to settle his claim, he can also assert his
claim directly in writing against Scandlines itself.
(5) “Special Discount
Tickets” can be subject to deviating conditions which
will in all cases be published with the special discount
offer in the fare information and/or on the Internet. In
all other cases, these General Terms and Conditions of
Carriage apply.
(6) In the event of
cancellation of the contract of carriage for a group
booking (15 or more paying passengers) or bus booking,
the enterprise or person responsible will be liable:
a) on the
Puttgarden-Rødby and Helsingør-Helsingborg lines and in
the case of the Sweden ticket via Puttgarden, to pay 50
percent of the agreed transport price in the event of
cancellation between the second calendar day before
departure and the point of departure and, in the event
of cancellation after departure, 80 percent of the
agreed transport price.
b) on the
Rostock-Gedser line and in case of the Sweden
ticket via Rostock, to pay 50 percent of the agreed
transport price in the event of cancellation between the
7th and 3rd calendar days before departure; 70 percent
in the event of cancellation between the 2nd calendar
day before departure and the point of departure and, in
the event of cancellation after departure, 80 percent of
the agreed transport price.
Any previously paid
transport fare in excess of these percentage rates
exclusive of administration fee will be refunded to the
passenger. In all cases, the passenger will be liable to
pay an administration fee of €10 per ferry ticket to be
deducted from the amount to be refunded (cf., however, §
3(3)).
The transport fare
will be refunded only in exchange for the return of the
ferry ticket and/or cabin ticket.
The passenger is at
liberty to provide evidence that Scandlines has made –
or should have made, had it acted in good faith – a
saving significantly (at least ten percent) in excess of
the flat-rate expenses taken as a basis by it in
pursuance of the preceding paragraphs 2 and 3.
§ 12
Termination by Scandlines
(1) Scandlines may
terminate the contract of carriage before commencement
of and during the journey for good cause. A good
cause for termination may arise in particular, if the
passenger
a) does not fulfil the relevant entry regulations of the
country of destination, in particular cannot produce the
necessary identity papers and/or visa,
b) is incapable of travelling and/or significantly puts
other passengers at risk because of general or
infectious illness, infirmity or for other reasons,
c) is travelling unaccompanied though dependent on an
escort,
d) does not fulfil the
entry requirements of the country of destination for
accompanying animals,
e) has not yet paid
the fare for the respective crossing, or not paid in
full, at the time of commencement of the journey and
does not immediately pay the outstanding amount; the
rights arising from § 323 of the German Civil Code (Bürgerliches
Gesetzbuch) remain unaffected,
f) has made false or incomplete statements on the class
and type of the accompanying vehicle, leading to the
vehicle having been classified incorrectly in a lower
price category according to Scandlines' price list,
g) has made false or incomplete statements on the
measurements, weight and size of special cargo thereby
circumventing the consent of Scandlines to carry it
under the agreed conditions,
h) has more than inconsiderably endangered the safety of
other passengers through persistent disregard of the
regulations for the carriage of animals, baggage and/or
special cargo and/or through repeated disregard of the
instructions of the ship's officers or other persons
instructed by Scandlines or
i) cannot be expected to be carried by Scandlines for
other reasons due to the person or behaviour of the
passenger (e.g. severe drunkenness, hooliganism) or with
her/his accompanying baggage, particularly as further
transport would put trouble-free operation of the ferry
at risk.
Scandlines may further
terminate the contract of carriage before commencement
of the journey for good cause if false information has
been given in the application to conclude the contracts
of carriage, particularly on the age of an unaccompanied
child or young person (§ 6), thereby affecting the
decision of Scandlines to transport the passenger under
the agreed conditions.
(2) Should Scandlines
terminate the contract of carriage during the journey
for good cause, the ship's officers or another person
instructed by Scandlines can take the passenger off
board at the next (including unscheduled) port at the
latter's expense.
(3) Should Scandlines
terminate the contract of carriage for good cause in
connection with the person or behaviour of the passenger
before commencement of the journey, the passenger is
refunded 40 percent of the fare for the booked crossing
(hereinafter "refund") minus
the processing fee that is to be deducted from this
refund (§ 10 par. 2 and 3). It is up to the passenger to
furnish prove that Scandlines has saved or should have
saved in good faith significantly greater (at least 10
percent) expenses. Any other damage and expense claims
of Scandlines from § § 5 par. 6), 7 par. 5) and 6), 8
par. 5) and 7) remain unaffected. Scandlines terminate
the contract of carriage after commencement of the
journey, for good cause based on the person or behaviour
of the passenger, the passenger is not entitled to a
refund.
§ 13
Limitation of claims
(1) Passenger's claims
based on cancellations or delays of crossing shall
expire six months from the planned date of arrival.
(2) All other
passenger's claims against Scandlines, in particular
claims for compensation for death or bodily injury of a
passenger and/or loss of or damage to baggage and/or
special cargo as per the regulations of Art. 13 of the
appendix of § 664 of the German Commercial Code (Handelsgesetzbuch)
and all service rights arising from ferry tickets
shall expire two years from the date of the purchase of
the respective ferry tickets.
§ 14
Applicable law; court of jurisdiction
(1) The contract of
carriage is governed by the law of the Federal Republic
of Germany with the exception of its conflicts of law
provisions.
(2) If the passenger
is a businessperson (Kaufmann) as
defined in the German Commercial Code (Handelsgesetzbuch),
a public-law separate estate or a legal entity of public
law, any disputes arising under and in connection with
this contract of carriage shall be settled exclusively
before a competent Rostock court of law.
Rostock, 8th
April, 2013
Scandlines Deutschland GmbH
Notice
Under Regulation (EC) 392/2009 – Liability for accidents
of carriers of passengers by sea
NB:
This notice is required under Regulation (EC) No
392/2009. However, it does not constitute a
basis for claims for compensation and it is not a
part of the transport contract between the carrier and
the passenger.
Compensation in the event of death or personal injury
The carrier shall be
liable for losses due to death or personal injury
resulting from a shipping incident up to the amount of
250,000 units of account per passenger, unless the
carrier proves that the incident occurred as a result of
an act of war or natural phenomenon or was caused
intentionally by a third party. If the losses exceed the
above-mentioned maximum amount, the carrier shall be
further liable unless it proves that the incident that
caused the losses occurred without any fault or neglect
on its part. The carrier shall be liable for losses that
arose due to the death or personal injury of a passenger
resulting from an incident other than a shipping
incident, if the incident that caused the losses is
attributable to fault or neglect on its part. The burden
of proof for such fault or neglect shall lie with the
claimant. The carrier’s liability in the event of death
or personal injury shall in any event be limited to
400,000 units of account per passenger per incident.
Advance payments
If a passenger is
killed or injured as a result of a shipping incident,
the carrier shall be obliged to make an advance payment
sufficient to cover immediate economic needs within 15
days after the identification of the person entitled to
compensation. In the event of a death, that advance
payment shall amount to at least € 21,000. The advance
payment shall not constitute any acknowledgement of
liability.
If the recipient of
the advance payment was not entitled to compensation, or
if the incident that caused the damage resulted from an
act of war or natural phenomenon or was caused
intentionally by a third party or by radioactive
contamination, chemical, biological, bio-chemical or
electromagnetic weapons or a cyber attack, the advance
payment shall be repaid to the carrier. If the death or
personal injury of the passenger was caused or
contributed to by the fault or neglect of the passenger,
the advance payment shall be repaid to the carrier in
part or in whole.
Delays in the transportation of luggage/loss of or
damage to luggage or vehicles
The carrier shall only
be liable for losses resulting from the loss of or
damage to cabin luggage, if it occurred due to its fault
or neglect. The carrier’s fault or neglect shall be
presumed in the event of losses caused by a shipping
incident. That presumption can be refuted by the
carrier. The carrier’s liability in the event of the
loss of or damage to cabin luggage shall in any event be
limited to 2,250 units of account per passenger per
carriage.
The carrier shall be
liable for losses resulting from the loss of or damage
to luggage other than cabin luggage, unless it proves
that there was no fault or neglect on its part. The
carrier’s liability in the event of the loss of or
damage to luggage other than cabin luggage shall in any
event be limited to 3,375 units of account per passenger
per carriage.
The carrier’s
liability for the loss of or damage to vehicles,
including the luggage transported in or on the vehicle,
shall in any event be limited to 12,700 units of account
per vehicle per carriage.
The carrier shall not
be liable for the loss of or damage to money, negotiable
securities, gold, silverware, jewellery, ornaments,
works of art or other valuables, unless such valuables
were deposited with the carrier for safekeeping.
The carrier and the
passenger can agree that the carrier shall only be
liable subject to a deductible, which in the event of
damage to a vehicle cannot exceed 330 units of account
and in the event of the loss of or damage to other
luggage 149 units of account per passenger. That amount
shall be deducted from the amount of compensation.
Complaints concerning luggage
In the event of damage
to, delay, loss or destruction of luggage, the passenger
shall submit a complaint to the carrier in writing. For
externally discernible damage to cabin luggage, the
complaint must be submitted before or at the time when
the passenger disembarks, and for other luggage before
or at the time when the luggage is handed over. With
regard to damage to luggage, which is not externally
discernible, or loss of the luggage, the complaint must
be submitted within fifteen days after the date of
disembarkation or hand-over of the luggage or after the
time when the luggage should have been handed over. A
written complaint shall not be required if the condition
of the luggage was jointly established or inspected by
the parties at the moment of receipt.
If these time limits
are not complied with, it shall be assumed that the
passenger has received his/her luggage without any
damage.
Contributory fault
If the carrier proves
that the death or personal injury of a passenger or the
loss of or damage to his/her luggage was caused or
contributed to by fault or neglect on the part of the
passenger, the court seized of the case shall be able to
exonerate the carrier wholly or partly from its
liability in accordance with the provisions of the law
of that court.
The
assertion of claims against the insurer
A claim for
compensation covered under this article by insurance or
other financial security can be asserted directly
against the insurer or the person providing other
financial security up to a maximum amount of 250,000
units of account per passenger per incident.
Time
limitation for claims
Claims for
compensation due to the death or personal injury of a
passenger or due to the loss of or damage to luggage
shall be time-barred after a period of two years.
This
is a courtesy translation of the General Conditions
stipulated in German.
Therefore in any and all cases of a different
interpretation of the German and the English text, the
German text shall prevail.
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