Общие правила и условия перевозки пассажиров
General Terms and Conditions of
Transport Passengers
TT-Line GmbH & Co. KG (hereafter referred to as
"TT-Line") provides its transportation services regarding the
transportation of individuals, individuals with cars, any other
kind of vehicles and luggage solely under the following general
terms and conditions. These general terms and conditions do not
apply to package travel arrangements in the sense of sec. 651 a
BGB (German Civil Code, e.g. in case a stay at a hotel is
included in the arrangement provided by TT-Line). Such
arrangements will be marked accordingly. Rates for passengers
are not valid for commercial use. These can be booked by
customers only. These general terms and conditions do not apply
to groups travelling together. Please refer to our special terms
and conditions for groups.
1. Entering into an
agreement
By submitting its enrollment to TT-Line, the passenger offers
TT-Line and binds himself to enter into an agreement regarding
the transportation of the passenger and any other person and/or
object named by him in the enrollment (hereafter referred to as
“Enrollment”). An agreement is entered into and becomes
effective with TT-Lines' acceptance of the passengers' offer as
stated in the Enrollment (hereafter referred to as “Agreement”).
This acceptance does not require any form. These general terms
and conditions become part of the Agreement. An Enrollment can
be placed orally, by phone, e-mail, online reservation system or
by mail / in writing. TT-Line kindly asks to carefully check the
correct spelling of any named passengers' or other persons'
name. Names –including given names – have to match the names and
spelling of these found in the passengers' or other persons'
passport and/or ID-card. Disabled passengers should inform
TT-Line about their handicap within the Enrollment. In case such
information is not provided duly, TT-Line is unable to secure a
proper transportation.
2. Due date of fare
In absence of any deviating agreement among the parties, fare is
due immediately (hereafter referred to as “Due Date”). In case
the passenger does not provide full payment of the amount due on
the Due Date, TT -Line is authorized to withdraw the Agreement
after reminding the passenger without effect. In case of a
withdrawal TT-Line is authorized to charge the costs defined in
sec. 7 to the passenger.
3. Terms for Travelling
a. General The passenger is responsible for the
fulfillment of any law and other legal requirement applicable to
his journey, especially for the fulfillment of any customs
regulations and tax-requirement as well as immigration laws
applicable to him, his luggage and vehicle. All requirements
must be met also on the date of his return (if applicable). The
passenger has to bear all costs and other disadvantages
resulting from any violation of any of the afore named legal
requirements. This does not apply if the violation is a direct
result of a misinformation by TT-Line. Passengers and passengers
with cars have to be checked-in at the times stated in the
itinerary and the vehicle has to be ready for loading at that
time. In case of a delayed checkin or if the vehicle is not
ready timely, the passenger is not entitled for transportation
despite of any booking confirmed. During the crossing it is not
allowed to enter the decks for the vehicles.
b. Technical rules for vehicles: vehicles must
meet the following requirements without exception: maximum
length: 14 meters, maximum width: 2,55 meters, maximum weight:
vehicles on the route Germany-Sweden: 7,500 kilograms and for
vehicles on the route Sweden-Poland: 3,500 kilograms.
c. Pets / Animals In case the passenger travels
with a pet or animal, he is obliged to inform TT-Line about this
within the Enrollment. The passenger has to carry any
documentation regarding the pet/animal, which is required by law
in any country that is travelled to throughout his journey. Any
legal requirements regarding the importing of pets or animals
have to be met. In case the passenger is unable to present the
documents needed on request or does not meet the legal
requirements for importing pets or animals, TT-Line is entitled
to deny the transportation of the pet/animal. The passenger is
responsible for any damage or pollution caused by the
pet/animal.
4. Fare dodgers
In case of transportation of passengers that are not in
possession of valid tickets, TT-Line will rise a fee of € 100,-
per passenger.
5. Transportation of
unaccompanied children
TT-Line will not carry unaccompanied children under the age of
14 years. Unaccompanied children in the age between 14 and 17
years (including both) are required to have a written permission
by the parents or legal guardians which has to be presented to
TT-Line on request.
6. Luggage and dangerous goods
Luggage of average size and content will be transported without
extra charge. Luggage carried within or on top of a vehicles
transported together with the passenger is free of charge, as
far as any regulations for the transportation of goods regarding
the vehicle are met. For the transportation of any other luggage
or goods the cargo fares apply. Explosive, dangerous or
inflammable goods are excluded from transportation. This does
not apply to fuel stored in the transported vehicle’s tank.
Other goods not suitable for transportation or goods that have a
smell, which could bother other passengers, are excluded from
transportation as well. The passenger is liable to TT-Line and
other passengers to the extent stated by law for any damages
caused by any goods carried by the passenger
7. Change of fare
After the Agreement became effective changes to the fare are
only permitted, if there is an increase in transportation costs
– especially in the costs for fuel – an increase in costs for
special services such as harbor dues or an alteration of the
exchange rates with effect to the journey. Changes to the fare
are calculated as follows: In case of an increase of costs of
transportation – in comparison to the time and date the
Agreement became effective – TT-Line is entitled to increase the
fare based on the following calculation.
a) In case of an increase of costs per passenger or per cabin
bed, TT-Line is entitled to charge the passenger with this
amount.
b) In case of an increase of costs per vessel, these additional
costs are divided by the capacity of passengers of the vessel,
which was agreed to for the passenger’s journey. TT-Line is
entitled to charge the passenger with the resulting amount. If
fees – such as harbor dues – are increased, the fare can be
increased by the share of these fees allotted to the fare. In
case of an alteration of the exchange rates – in comparison to
the time and date the Agreement became effective – TT-Line is
entitled to charge the passenger with the increase in costs for
the journey caused by this alteration. An increase of the fare
is permissible only if the Agreement became effective more than
4 months prior to the transportation date. In case of an
alteration of fare the passenger is informed immediately. This
includes detailed information on the calculation of the new
fare. An increase of the fare is admissible until 21 days prior
to the transportation date. Past this date an increase of the
fare is not admitted. In case of an increase to the fare of more
than 10% the passenger is entitled to resign from the Agreement
without being charged any fees. Alternatively the passenger may
ask for a comparable transportation provided by TT-Line, assumed
that TT-Line is capable of offering such transportation. The
passenger is obliged to assert his claim without delay
immediately post to the reception of the information on the
increase of the fare.
8. Rescission by the
passenger/rebooking
8.1 Rescission The passenger is entitled to
resign from the Agreement at any time prior to the
transportation date. For reasons of proof the statement should
be made in writing. The date of the rescission is the date on
which the statement reaches TT-Line. A no-show is treated as a
rescission. In case the passenger resigns from the Agreement or
is no-show, TT-Line is entitled to claim compensation for its
preparations made regarding the passenger’s journey. In
calculation of the lump-sum for the costs of passengers
rescissions TT-Line considered an average of saved costs and
common possibilities of a resale of the transportation, booked
by the passenger. The passenger is entitled to proof, that
TT-Line suffered no loss or a loss lower than the lump-sum. The
lump-sum of the costs of passengers rescission claimed by
TT-Line is:
conditions for a Flex-Ticket: The following
lump-sums are charged in case of rescission: between 30 to 15
days prior to transportation date: 10%, between 14 and 4 days
prior to transportation date: 30%, beginning 3 days prior to
transportation date: 50%, on the transportation date or in case
of no-show: 80% of the fare, at least € 15,– / SEK 150,-. If a
Flex-Ticket was booked by rebooking a Smart-Ticket in accordance
with sec. 7.2, conditions for a Flex-Ticket apply, but at least
the amount paid for the Smart-Ticket is claimed as lump-sum for
costs of rescission.
conditions for any other transportation (without
vehicle, bike, motorcycle, trike, etc.): The following
lump-sums are charged in case of rescission: between 30 to 15
days prior to transportation date: 10%, between 14 and 4 days
prior to transportation date: 30%, beginning 3 days prior to
transportation date: 50%, on the transportation date or in case
of no-show: 80% of the fare, at least € 15,– / SEK 150,-.
conditions for Smart-Ticket:
In case of a rescission of the passenger – without regard to the
date of rescission – no refund will be made. In case TT-Line
offers special fares, deviating conditions for lump-sums of
costs for rescission may apply. The passenger will be informed
accordingly prior to booking.
8.2 Rebooking Flex-Tickets may be rebooked at
any time prior to transportation date to another transportation
date within 12 month after the originally booked transportation
date – provided that transportation is available. Changes in
fare are calculated in accordance with the tariff in effect on
the date of the rebooking. There are no additional fees for
rebooking. Beginning 30 days prior to transportation date
rebooking a Flex-Ticket to a Smart-Ticket is no longer admitted.
Smart-Tickets may be rebooked at any time prior to
transportation date to another transportation date within 12
month after the originally booked transportation date – provided
that transportation is available. Changes in fare are calculated
in accordance with the tariff in effect on the date of the
rebooking. An additional fee of € 40,– / SEK 400,- for the
rebooking is charged to the passenger for each rebooking.
Rebooking to a package travel is not admitted. In case of
rebooking a Smart-Ticket to a Flex-Ticket and a following
rescission, lump-sum costs for rescission according to the
conditions for Flex-Tickets apply, but not less than the
lump-sum costs for rescission of the originally booked
Smart-Ticket.
9. Rescission and Termination by
TT-Line
TT-Line is entitled to resign from the Agreement or to terminate
the Agreement prior to as well as while the transportation for
the following reasons:
1. in case the passenger – according to the duly executed
discretion of the captain –
- is or becomes unable to complete the journey because of
illness, age or any other reason,
- could threaten the safety or health of any other passenger,
- provided wrong, unclear or incomplete information in the
Enrollment (e.g. regarding the number and age of the persons to
be transported; regarding the pets or animals to be transported;
regarding the goods to be transported) which are substantial to
the Agreement and its conditions and on which TT-Line’s decision
to enter into the Agreement with the passenger is based,
- disturbs the execution of the transportation – although he was
requested to stop his disturbing behavior,
- or violates the Agreement to an extend that justifies an
immediate termination of the Agreement. In such cases the
passenger is not entitled to claim reimbursement of the fare.
The amount resulting from saved costs and the amount gained
other reuse of the services booked but not used by the passenger
will be reimbursed. In case of a termination for good reason,
TT-Line is entitled to de-board the passenger within the next
harbor and claim compensation for the resulting costs.
2. in case the execution of the journey is threatened,
compromised or made difficult / impossible by any unforeseeable
und extraordinary reason (e.g. fire, failure of docks, bad
weather or sea conditions, radioactive contaminations, acts of
authorities, uproar, strike, epidemics or general average). The
same applies in case that measures have to be taken to save
human lives. In these cases, the fare paid is reimbursed to the
passenger. Claims obligatory by law beyond the named
reimbursement are not affected.
10. Changes to routing and
services
Deviations from the transportation Agreement regarding essential
services and essential changes to such services, that become
necessary post to the effectiveness of the Agreement and which
are not caused by TT-Line against good faith are admitted, as
long as the changes are not substantial and there is no
substantial effect on the journey. TT-Line will inform the
passenger about any substantial change to its services as soon
as TT-Line is aware of the reasons for the change. In case of a
substantial change to a substantial service, the passenger is
entitled to resign from the Agreement immediately without being
charged any fees. A definite route for the journey is not
warranted. The captain of the ship is solely entitled to decide
about any change in route or travelling time required by e.g.
security reasons, weather conditions, administrative act.
11. Obligations to co-operate
and duty of disclosure
The passenger is obliged to co-operate to the extent required by
law to avoid or reduce possible damages as far as possible in
case of default. The passenger is obliged to inform TT-Line in
writing about any damage to and/or loss of his clothing, luggage
or vehicle without delay – at least at the time of
disembarkation or handing over. A written notice is obsolete if
the damage to the clothing, luggage or vehicle is determined by
both parties at the time of the hand-over of the good. If the
damage is not determinable by outer inspection, it is sufficient
to give notice to TT-Line, Zum Hafenplatz 1, D-23570
Lübeck-Travemünde or to TT-Line AB, Box 94, SE -231 22
Trelleborg within 15 days from disembarkation. In case notice is
not given timely, it is assumed that the luggage, clothing and
vehicle of the passenger was complete and without damage at the
time of disembarkation. The passenger agrees to the performance
of security checks including personal search and search of his
luggage by TT-Line or third parties put in charge by TT-Line in
case and as far as TT-Line or the third party put in charge are
obliged to perform such searches by national or international
laws, especially the ISPS Code. Any further claims are reserved.
12. Liability of TT-Line
12.1 Limitations of liability by law The
liability of TT-Line as a carrier for damages in case of death
or damage to persons, their life and health and for damages to
vehicles, pets/animals, luggage or other goods is governed by
the Regulation EG 392/2009 and the consolidated version of the
Athens Convention relating to the Carriage of Passengers and
their Luggage by Sea, 1974 and the Protocol of 2002 to the
Convention. In case of damages to vehicles TT-Line is liable to
the extent of the claims deducted by 330 calculation units
(Special Drawing Right as defined by the International Monetary
Fund). In case of loss of or damage to other luggage or goods,
TT-Line is liable to the extent of the claim deducted by 149
calculation units (Special Drawing Right as defined by the
International Monetary Fund) for each passenger (see art. 8
para. 4 of Regulation EG 392/2009).
12.2 Contractual limitation of liability The
liability for claims not governed by the Regulation EG 392/2009
and/or the consolidated version of the Athens Convention
relating to the Carriage of Passengers and their Luggage by Sea,
1974 and the Protocol of 2002 to the Convention and not being
bodily injury and not regarding damages being caused grossly
negligent or willingly by TT-Line or its legal representatives,
employees or servants are limited to 300% of the fare agreed. In
case of damages to vehicles, TT-Line is not liable for damages,
which result from the extraordinary design of the vehicle. The
total amount of costs for accommodation in case of cancellation
or delay of a departure is limited to accommodation for 3 nights
and € 80,– per passenger and night. TT-Line bears the costs for
transportation from and to the dock and the accommodation.
TT-Line is not liable for damages arising from obeying to legal
rules or resulting from any violation of such rules by the
passenger.
13. Limitation of time
Any possible claims of the passenger under the Regulation EG
392/2009 in connection with the Athens Convention relating to
the Carriage of Passengers and their Luggage by Sea, 1974 and
the Protocol of 2002 to the Convention regarding compensation
for death, bodily injury or loss of or damage to luggage lapse
within 2 years. The limitation period starts
a) in case of bodily injury on the day of disembarkation of the
passenger;
b) in case of death while transportation on the day, the
passenger should have been disembarked; in case of bodily injury
while transportation if this results in death of the passenger
post to disembarkation on the day of the passengers death at
least 3 years post to disembarkation;
c) in case of loss of or damage to luggage on the day of
disembarkation or on the day, disembarkation was planned –
depending on which date is last. In case of negotiations between
the passenger and TT-Line on the claim or the circumstances on
which the claim is based, limitation period is inhibited until
TT-Line or the passenger refuses to continue negotiations.
Claims lapse at the earliest 3 month post to an inhabitation of
the limitation period. Claims of the passenger under the
Regulation EG 392/2009 in connection with the Athens Convention
relating to the Carriage of Passengers and their Luggage by Sea,
1974 and the Protocol of 2002 to the Convention lapse after 5
years period, starting on the day of the disembarkation of the
passenger or on the day the disembarkation was planned –
depending on which date is last. In case the passenger became
aware of the bodily injury, the loss of or damage to the luggage
or good or the passenger ought to have known of the bodily
injury, the loss of or damage to the luggage or good, claims
lapse 3 years post to that date.
14. Liability of auxiliary
persons
All rights, reliefs and limitations granted to TT-Line within
these general terms and conditions – no matter for what reason –
are granted to the captains, crew members, agents and other
servants of TT-Line as well and to the same extent.
15. Insurance
The passenger is advised to enter into sufficient insurance
contracts to avoid any risk that might occur under these general
terms and conditions.
16. General average
The passenger is not obliged to contribute to the general
average for any goods he brings aboard the vessel. The passenger
is not entitled to any compensation from the general average.
17. Data protection
Personal data provided by the passenger is electronically
stored, processed and used by TT-Line for reasons of the
execution of the Agreement.
18. Place of jurisdiction,
governing law and severability clause
18.1 The passenger may bring action against
TT-Line to court at Lübeck, Germany.
18.2 For actions by TT-Line against the
passenger, the place of residence of the passenger is decisive.
For actions against passengers or contractual partners acting as
a businessman or being a corporate body under private or public
law or against persons without residence in Germany or whose
residence is unknown at the time of taking the action, place of
jurisdiction is Lübeck, Germany.
18.3 The Agreement and any other legal
relationship between the parties are governed by the laws of
Germany. In case of actions against TT-Line abroad German law
will be applied at least regarding type and amount of the
possible claims of the passenger, as far as permitted by law.
18.4 These general terms and conditions are not
applicable as long and as far unalienable right set out in
international conventions or in the law of the member state of
the EU, which the passenger is citizen of and which are
applicable to the Agreement, provide otherwise. For actions by
TT-Line against the passenger who is a consumer in the sense of
Swedish law and has his residence in Sweden, Swedish law is
applicable and for actions by TT-Line against the passenger who
is a consumer in the sense of Polish law and has his residence
in Poland, Polish law is applicable.
18.5 In case any of the regulations in these
general terms and conditions is or becomes prior or post to
effectiveness of the Agreement legally void or inexecutable, the
remaining regulations and the Agreement itself remain effective.
Any legally void or inexecutable regulation shall be replaced by
a regulation, that is effective and executable and that keeps
the economic objective followed by the parties of the regulation
being legally void or inexecutable. In case the Agreement is
found incomplete, such regulation shall be found to fill up the
gap.
Lübeck, April 2016
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