You are obliged to personally ascertain the requirements for passports and visas for foreign citizens before travelling. If you have any doubts or questions regarding passports or visas, please contact the embassy of the country in question. Wasaline has full rights to deny boarding without obligation if documents are not in compliance with government regulations. EU citizens do not need to carry a travel insurance card but the European medical insurance card or the E111 health insurance card is recommended. These cards are provided by national health authorities, in Finland by Kela/Försäkingskassan.
GENERAL TRAVEL TERMS AND CONDITIONS
These terms and conditions are applicable to all trips made by the ferries of NLC Ferry Ab Oy (below “Wasaline”). In addition to these terms and conditions the following special terms and conditions may be applicable to the trip, depending on the type of travel:
- Special terms and conditions for route and cruise trips, which can be found here
- Terms and conditions for package travel, which can be found here
- Special terms and conditions for conference and group trips, which can be found here
- General terms of transport, which can be found here
- General terms of freight, which can be found here
2. Certificates of identity, visa and residence permit
All passengers shall prepare for security checks in the terminals including e.g. identity check in a reliable manner with a valid identity card. Nordic citizens do not have to carry a passport, but other passengers might be requested to prove their identity with a passport. Valid identification documents are:
- Passport (citizens in all countries)
- Driver’s license (Nordic citizens)
- Identity card with picture (Schengen-EU/EES-citizens)
- Social Insurance Institution card with picture (Finnish citizens)
- Alien’s passport
- Travel documents for a refugee
The obligation to be able to prove one’s identity concerns all passengers, also those from which no actual travel documents are required. A passenger not being able or refusing to prove their identity upon request, will not be allowed to embark the ship.
Passengers under 18 years travelling with parents or a guardian, are not responsible to keep a valid identity card with them. Passengers under 18 years old travelling alone are however obliged to be able to prove their identity upon request.
In addition to the above-mentioned requirements, the passengers should observe that e.g. hotels and camping sites may require a visitor to prove one’s nationality with passport upon request according to the Schengen rules.
Passengers being obliged to have a visa or whose stay in Finland or Sweden is based on a residence permit, should always be able to prove their identity with a passport.
All cancellations should be made by phone to Wasaline’s phone service or by e-mail to email@example.com. For cancellation of conference and group trips via e-mail, please send a message to firstname.lastname@example.org. A cancellation made by e-mail is considered to have been made on the day when the written message was received by Wasaline. Please note that emails are read Monday to Friday during office hours.
If the passanger cancelling the trip is entitled to return of the reservation fee or the price of the trip, the passanger is requested to call Wasaline’s customer service to provide the booking number and bank information, unless the person cancelling the trip has provided the above-mentioned details in the cancellation message.
When cancelling a return leg for a booked roundtrip, in addition to the terms mentioned in this section, the special terms and conditions relating to the specific trip type are applied. No refund will be made for a started trip.
If the first leg of a trip has not been used or has been cancelled, Wasaline has the right to cancel the returning trip. In such a situation Wasaline has the right to charge the entire roundtrip.
In addition to the above mentioned terms, the special terms and conditions for the travel type in question shall apply to the cancellation of the trip together with the mandatory laws and regulations. Unless a right of cancellation is set forth in the special terms and conditions or in the mandatory laws and regulations, the trip booked cannot be cancelled.
Regardless of the applicable special terms and conditions, if any, passengers who fail to show up for their trip at the requested time without cancelling or without being able to cancel their trip or who are unable to attend the trip due to missing documents which the passenger is responsible to have available, such as necessary travel documents and/or passport or visa, will not be entitled to a refund.
When making a booking for a vehicle, information regarding its type and measurements (height and length) is required. Prices for vehicles, which can be found here, and other prices for vehicles presented in advertisements and brochures, concern passenger vehicles only.
If a booked vehicle is found to exceed the given measurements, or the vehicle is registered as a freight vehicle, the customer will be charged for the vehicle with the correct measurements or according to the freight rates. Wasaline will strive to book a new place for the vehicle exceeding the given measurements, but availability cannot be guaranteed. Vehicles transporting goods in commercial purposes and vehicles registered for goods transportation must always be booked as freight vehicles. The special terms and conditions applicable to freight vehicles can be found here.
5. Age limits
There are no age limits in route traffic, apart for the below mentioned exceptions.
Children and youngsters under 18 years can travel alone if they have a written permit from their parent or guardian. The travel permit has to be given using Wasaline’s form, which can be found here. The contact information of the parent or guardian has to be visible on the travel permit form to allow confirming of the permit e.g. by phone. The permit has to be presented together with the boarding card when embarking the ship.
Exceptions to the age limits:
- Hotel trips to Sweden and Finland; the age limit is always 18 years.
- The age limit for Christmas cruises and New Year cruises is always 18 years both for trips departing from Vaasa and Uumaja port.
- The age limit on departures from Uumaja on Saturdays at 8:00 p.m. is 15 years. Youngsters between 15 and 17 years can travel alone with the above-mentioned written permit from their parents or guardian.
Age requirements for cruises:
- The age limit for day cruises (departure and return on the same day) is 18 years. Youngsters between 15 and 17 years can participate in a day cruise with a written permit from their parents or guardian as mentioned above.
- The age limit for an overnight cruise (so called “Party Cuise”). is always 18 years.
The age limit in the bar, which is located at deck 8, is 18 years in the evenings. Under 18-year-old children and youngsters can stay in the bar during the day and early evening.
The guardian is responsible for their children and other underage persons travelling together with the guardian during the trip. When the guardian of the underaged person is travelling together with a kid or youngster, a maximum of three (3) underaged persons can travel together with the guardian.
An adult over 20 years can act as a guide/leader for a specific person who doesn’t fulfil the age limits.
6. Payment conditions
When the trip is booked via internet/a mobile device, the trip can be paid by following the instructions in the online-booking or in the port of departure.
If the payment can’t be made in any of the above-mentioned ways, the passenger and Wasaline can agree that the ticket is redeemed in the port of departure. Wasaline recommends paying in advance to avoid slow check-in.
7. Ticket control and embarking the ship
The ticket shall be exchanged to a boarding card in the check-in. The boarding card shall be presented when embarking.
Attendants are usually not allowed to embark the ship. In case an attendant is necessary, please contact Wasaline’s sales department or check-in in advance to agree embarking. Wasaline can always on its own discretion decide to forbid the attendant to embark the ship.
Passengers travelling without a vehicle shall be at the terminal at the latest 30 minutes before departure. The reservations of passengers arriving later are no longer valid.
Boarding begins approximately 40 minutes prior to the departure.
Passengers travelling with a vehicle shall be at the terminal at the latest one (1) hour before departure. Reservations for late arrivals are not guaranteed. In such situations the vehicle is put on a waiting list.
Passengers do not have access to the car deck during the trip.
8. Reservation and tickets
Reservations can be made in the following ways:
- Via the website of Wasaline (closes 3 hours before departure)
- Via the mobile application of Wasaline (closes 3 hours before departure)
- Via telephone:
- In Finland: +358 (0)207 716 810 (10 EUR service fee / telephone booking)
- In Sweden: +46 (0)90 18 52 00 (105 SEK service fee / telephone booking)
- Through travel agency
When making a reservation, the following information of all passengers must be given: last name, first name, gender, date of birth, nationality and information on possible functional- or other disabilities, e.g. reduced mobility. If the tickets are used at another time than originally planned, the reservation must be changed in accordance with the rules on cancellation. In addition, any change in price, due to different price seasons, is to be paid.
The ticket is personal and cannot be transferred to another person.
When travelling with a series ticket, a booking must be made in advance. A series ticket is changed to a travel card in the check-in. Unused tickets will not be redeemed.
9. Instructions for disabled passengers
Wasaline strives to ensure all passengers, regardless of disability, a smooth, accessible and enjoyable travel with Wasaline vessels.
Wasaline offers special assistance service. The assistance provided is general assistance. If you are in need of more personal assistance, for example with meals, lifting, medication or toileting, you shall bring a personal assistant aboard at your cost. Due to safety reasons, the passenger shall inform Wasaline’s check-in of the need of a personal assistant and, when embarking the ship, inform the personnel of necessary personal- and cabin information.
Special assistance should be ordered when making the reservation or at the latest 48 hours prior to departure. Please inform us about the use of a wheelchair or other personal equipment. Passengers with pre-booked assistance should report to the personnel when arriving at the check-in area.
Passengers, whose ability to travel is weakened due to illness or other reasons, should consult their doctor regarding travel plans prior to booking of the trip.
Wasaline requests all passengers to ensure that the passenger has all necessary information before travelling and to be realistic about your need of assistance.
10. Credit- and debitcards
Both EUR and SEK currencies are accepted on-board and at ports, but in ports possible change is given in local currency. The following cards are also accepted:
- VISA / Electron
- Finnish bank debit cards
- Swedish bank debit cards
11. Rules of conduct
To ensure everybody’s welfare and safety on board, all passengers must follow [these rules of conduct]:
- Passengers are liable for showing a valid boarding pass when boarding the ship and upon request even during the trip.
- Before or while boarding the ship, passengers may be subjected to security checks if necessary. Also the luggage or vehicle of passengers can be inspected. Passengers must follow the existing passport, visa or residence permit regulations at the port of departure and destination, and upon request produce certificates issued by authorities. If Wasaline becomes liable or otherwise affected due to missing travel or other documents of the passenger, the passenger is liable for the expenses incurred to Wasaline.
- Passengers can be denied boarding, if their travel documents are inadequate, or they are intoxicated or if they behave threateningly or are indecently dressed, or if they, according to other passengers, give offence, or for any other valid reason.
- The consumption of alcoholic beverages brought on board is forbidden. The possession and use of narcotics on board is forbidden.
- Passengers are not allowed to bring hazardous objects or materials on board. Lighting of fire on board (candles, gas stoves, etc.) is forbidden.
- The passenger must inform Wasaline check-in about weapons and ammunition before embarking the ship. Weapons and ammunition must be stored behind the information desk during the trip. The weapons will be handed over before arrival to the destination against receipt and ID. The passenger must show adequate gun licenses and other licenses for all weapons subject to licenses. In this context, a weapon means all objects that could cause a serious injury or which seem like it could cause serious damage. A weapon is thus also e.g. bows and imitations of weapons which reminds of real weapons in such a large extent that they could be mistaken for real weapons.
- Pets must stay in the designated areas or a separate animal cabin should be booked for the trip. Pets may not be taken into restaurants (with the exception of service dogs). Notice of possible pets has to be done when booking and the passenger is responsible for bringing necessary food and water bowls. The passenger is responsible for finding out eventual applicable import restrictions concerning the animals. The responsibility for the pet lies with the owner. Guide and assistance dogs should wear a west or quilt intended for the service. Guide and assistance dogs on duty are allowed in all passenger areas except allergy-free cabins.
- The passenger must always follow the instructions of the crew and the rules of conduct on the ship. The crew represents the captain of the ship regarding the keeping of order, safety and security on board. The crew of the ship is obliged to take action if the situation demands.
- During the trip, the behavior of passengers may not be disturbing or threatening to fellow passengers in any way. Passengers with decreased self-control, or who behave disturbingly and improperly, or who break security rules can be taken into custody for the rest of the trip.
- It is forbidden to consume alcoholic beverages purchased from the ship’s shop while on board.
- During the trip, passengers can stay only in the areas designated for passengers.
- Staying on the car deck, repairing vehicles, and handling fuel during the trip is forbidden.
- All movable property in the vehicle must be fastened properly.
- Instructions given by the crew on the car deck must be followed and the engine can be started only when it’s time to drive out. Flammable liquid cannot be stored in separate containers on the car deck.
- The valves of gas tanks of trailers and camper vans has to be closed during the trip.
- Any theft, burglary, or other illegal activity, such as shoplifting, taken place on board the ship will always be reported to the police. Any movable property in a cabin, such as bedclothes, pillows or chairs, must not be removed from the cabin.
- Passengers causing damage on board are liable to compensate such damages. Passengers who damage the ship’s safety equipment will be prosecuted. Passengers who cause false alarms or who deliberately damage alarm systems will always be reported to the police.
- While on board, passengers are not allowed to conduct business or other sales activities, to organize funds, to run lotteries or propaganda events, to agitate or give political speeches, unless agreed with Wasaline in advance.
- A passenger refers to any person who stays on board the ship and who does not belong to the crew of the ship.
- All public areas onboard are smoke free. With consideration of fire safety and general comfort, smoking is only allowed in outside areas marked with a “Smoking Area” sign.
12. Safety on board
We encourage passengers to get acquainted with the safety instructions of the ship. At departure, a short information is given regarding the safety instructions and lifesaving equipment on the ship. The crew is always prepared to answer questions regarding safety. Wasaline’s safety management system is constructed according to the international safety code, ISM-Code, and it’s approved and certified by Traficom.
Wasaline has the right to check the luggage of the passengers both in the terminals and before embarking, and anytime during the trip. Wasaline reserves the right to refuse to transport a passenger who, due to intoxication or due to other reasons can cause damage to Wasaline or to other passengers or who, in some other way can harm the rights of Wasaline or other passengers. All passengers must always follow the safety instructions given by the crew.
13. Sending information
By accepting the conditions of travel, you agree to receive information via e-mail and text message, such as notices concerning trips, cruises, news, competitions, offers etc. from the Wasaline group. The newsletter may be cancelled at any time by following the instructions on an e-mail. Your e-mail address and other contact information will be saved in a database together with your other contact information which will be handled according to the EU General Data Protection Regulation and in accordance with laws concerning data protection.
14. Time difference and time onboard
Arrival and departure times are always indicated in local time. Finland is one hour ahead (+1 h) of Sweden. Time onboard is Finnish time.
15. Passenger rights
Below with italics is a summary in accordance with article 23 part 2 of the regulation (EU) No 1177/2010 of provisions concerning the rights of passengers when travelling by sea and inland waterways. This summary has no independent validity – the exact rights of the passengers are always determined by the EU-regulation No 1177/2010. The named EU-regulation is available in its entirety here. Passengers travelling with a series ticket have these rights only if a reservation has been made in accordance with section 8 above.
Regulation (EU) No 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway becomes applicable on 18 December 2012.
It provides for a minimum set of rights for passengers travelling
- on passenger services where the port of embarkation is situated in a Member State,
- on passenger services operated by Union carriers from a port situated in a third country to a port situated in a Member State and
- on a cruise where the port of embarkation is situated in a Member State.
The Regulation does however, not apply to certain categories of waterborne transport services.
Regulation (EU) No 1177/2010 does not preclude passengers from claiming damages before national courts in accordance with national law in respect of individualised damages resulting from cancellation or delay of transport services.
Right to information
All passengers travelling by sea or inland waterways have the right to adequate information throughout their travel. That right includes the right to be informed on passenger rights and contact details of the national enforcement bodies, and on the conditions of access to transport for disabled persons and persons with reduced mobility.
In the event of cancellation or delay in departure, passengers have the right to be informed of the delay or cancellation by the carrier or terminal operator no later than 30 minutes after the scheduled time of departure and of the estimated departure and arrival time as soon as that information becomes available
Right to non-discriminatory contract conditions
All persons have the right not to be discriminated directly or indirectly based on their nationality or the place of the establishment of the carrier or ticket vendor within the Union when purchasing tickets of waterborne passenger transport services and cruises.
Right to care and assistance
In case of delay of more than 90 minutes or cancellation of a passenger service or cruise, and where reasonably possible, passengers shall be offered free of charge snacks, meals or refreshments in reasonable relation to the waiting time.
Where the delay or cancellation of a departure necessitates one or more additional nights of stay for the passenger, he or she shall be offered adequate accommodation free of charge on board or ashore by the carrier and transport to and from the port terminal to the place of accommodation. Where a carrier proves that the cancellation or delay is caused by weather conditions endangering the safe operation of the ship, he is relieved of the obligation to offer free accommodation.
The passenger is not entitled to assistance by the carrier, if he or she was informed of the cancellation or delay before the purchase of the ticket or where the cancellation or delay is caused by the fault of the passenger.
Right to re-routing and reimbursement in case of cancellation or delay of departure
In case of a delay of more than 90 minutes as compared to the scheduled time of departure or cancellation of a passenger service, passengers have a right to choose between:
- re-routing to the final destination at no additional cost at the earliest opportunity under comparable conditions and
- reimbursement of the ticket price combined, where relevant, with a free of charge return service at the earliest opportunity to the first point of departure set out in the transport contract.
Right to request partial compensation of the ticket price in case of delay in arrival to the final destination
- Passengers may request the compensation of 25% of the ticket price from the carrier, where the delay in arrival to the final destination exceeds
- 1 hour in case of a scheduled journey of up to 4 hours;
- 2 hours in case of a scheduled journey of more than 4 hours, but not exceeding 8 hours;
- 3 hours in case of a scheduled journey of more than 8 hours, but not exceeding 24 hours; or
- 6 hours in case of a scheduled journey of more than 24 hours.
Passengers may request the compensation of 50% of the ticket price from the carrier, where the delay in arrival to the final destination exceeds
- 2 hours in case of a scheduled journey of up to 4 hours;
- 4 hours in case of a scheduled journey of more than 4 hours, but not exceeding 8 hours;
- 6 hours in case of a scheduled journey of more than 8 hours, but not exceeding 24 hours; or
- 12 hours in case of a schedule journey of more than 24 hours.
The carrier is however relieved of the obligation to pay compensation to passengers in case of delay in arrival, if he proves that the delay resulted from weather conditions endangering the safe operation of the ship or from extraordinary circumstances hindering the performance of a passenger service which could not have been reasonably avoided.
Rights of disabled passengers and passengers with reduced mobility
Besides the general passenger rights, disabled persons and persons with reduced mobility have the following rights when travelling by waterborne transport so as to provide them with a right to transport on an equal footing with other passengers:
- a) Right to access to transport for disabled persons and persons with reduced mobility without any discrimination
Carriers, travel agents and tour operators may not refuse to accept a reservation, to provide a ticket or to embark persons on the grounds of their disability or reduced mobility.
Where it is not possible to carry a disabled person or a person with reduced mobility on board a ship for safety reasons or due to the impossibility of embarkation resulting from the design of the ship or port infrastructure and equipment, carriers, travel agents and tour operators have to make all reasonable efforts to propose the person concerned an acceptable alternative transport. Disabled persons and persons with reduced mobility who hold a reservation, who have notified the carrier of their specific needs but are still denied boarding may choose between reimbursement and re-routing, the latter being conditional on the fulfilment of safety requirements.
Carriers, travel agents or tour operators may not ask disabled persons or persons with reduced mobility to pay a higher cost for reservations or tickets. Tickets and reservations shall be offered to the disabled persons or persons with reduced mobility under the same conditions as to other passengers.
The carriers and terminal operators shall have in place non-discriminatory access conditions for the transport of disabled persons, persons with reduced mobility and accompanying persons.
- b) Right to special assistance
Disabled persons and persons with reduced mobility have the right to free of charge assistance by carriers and terminal operators in ports and on board ships, including with embarkation and disembarkation.
Disabled persons and persons with reduced mobility have to notify the carrier at the time of reservation or advance purchase of the ticket of their specific needs regarding accommodation, seating, required services or their need to bring medical equipment. For any other assistance the disabled persons and persons with reduced mobility need to notify the carrier or terminal operator at least 48 hours in advance and have to present themselves at an agreed time ahead of the published embarkation time at a designated point.
- c) Right to compensation for loss of or damage to mobility equipment
Where a carrier or terminal operator has caused loss or damaged of mobility equipment or other specific equipment used by a disabled person or a person with reduced mobility due to his neglect or fault, he has to pay the disabled person or the person with reduced mobility a compensation corresponding to the replacement value of the equipment concerned or, where it is possible to repair that equipment, the costs relating to repairs.
Right to submit complaints to the carriers and national enforcement bodies (NEBs)
Passengers may submit complaints to the carriers and terminal operators within two months from the date on which the service was performed or when it should have been performed.
The carrier or terminal operator has to have a complaint handling system in place. Within that framework he has to notify the passenger within 1 month of receipt of the complaint whether he considers the complaint to be substantiated, rejected or still considered. The carrier or terminal operator has to provide the passenger with a final reply within 2 months of receipt of the complaint
Passengers may submit complaints about alleged infringements of Regulation (EU) No 1177/2010 to national enforcement bodies.
Enforcement of passenger rights by NEBs and comparable mechanisms
Within Member States the designated national enforcement bodies shall enforce the rights and obligations set out in Regulation (EU) No 1177/2010 as regards passenger services and cruises from ports situated on the territory of that Member State and passenger services from a third country to such ports.
Where a Member State has decided to exempt passenger transport services covered by public service contracts or integrated services from the scope of application of the Regulation, it will need to ensure that a comparable mechanism of enforcement of passenger rights has been put in place.
1 The summary is prepared in accordance with article 23 section 2 Regulation (EU) No 1177/2010. The summary does not have independent validity.
2 Cruise passengers does not have right to a new travel route or to get a refund of the ticket price if the departure is cancelled or delayed and does not have right to compensation if the arrival is delayed.
3 This Regulation shall not apply on ships certified to carry a maximum of 12 passengers, on ships which have a crew responsible for the operation of the ship composed of not more than three persons or where the distance of the overall passenger service is less than 500 metres, one way; on excursion and sightseeing tours other than cruises; or on ships not propelled by mechanical means as well as original, and individual replicas of, historical passenger ships designed before 1965, built predominantly with the original materials, certified to carry up to 36 passengers.
Member States may, until December 17th 2014, exempt from the application of this Regulation seagoing ships of less than 300 gross tons operated in domestic transport, provided that the rights of passengers under this Regulation are adequately ensured under national law. Member States may exempt from the application of this Regulation passenger services covered by public service obligations, public service contracts or integrated services provided that the rights of passengers under this Regulation are comparably guaranteed under national law.
16. Compensation for damage
Wasaline is responsible for damages caused as a result of a death or injury that has occurred in a maritime accident, if it is not shown that the event has resulted from circumstances which Wasaline cannot have affected. Maritime accident refers to the shipwreck, capsizing, collision, grounding, explosion or fire of the ship or a fault in the ship. The nature of the event shall be such that it cannot have been avoided and its consequences prevented, and it shall be completely caused by a third party with intent to cause damage. If Wasaline is able to show that the damage was not due to Wasaline’s error or neglect, the liability shall be limited to a maximum of SDR 250,000. SDR (Special Drawing Right) is a unit of financial reserve developed and put forth by the International Monetary Fund (IMF). In other situations Wasaline shall also be liable for damage caused by a maritime accident exceeding that amount.
In connection with an event other than a maritime accident, Wasaline shall be responsible for damages that have occurred as a result of death or injury, if the event that caused the damage was due to Wasaline’s error or neglect. The burden of proof concerning the error or neglect lies with the party that suffered the damage.
Wasaline shall be responsible for damages that are caused by loss of or damage to hand luggage, if the event that caused the damage was due to Wasaline’s error or neglect. In case of a maritime accident the damage shall be considered to have been caused by error or neglect, in other situations the burden of proof concerning the error or neglect lies with the party that suffered the damage.
Regarding luggage other than hand luggage Wasaline shall be responsible for damages that have been caused by loss or damage due to Wasaline’s error or neglect. The burden of proof concerning the error or neglect lies with the party that suffered the damage.
According to the above sections, Wasaline’s responsibility requires that the damage has occurred due to an event that has taken place during the trip. The party that has suffered damage shall be able to prove the extent of damage and that the damage has occurred during the sea voyage.
Wasaline is responsible for damage caused by the passenger or their luggage being late, if the damage has been caused due to error or neglect by Wasaline or another party for which Wasaline is responsible.
The following statutory deductibles are applicable to a passenger’s loss or damage:
- SDR 20 for damages caused by being late
- SDR 330 each damaged vehicle
- SDR 149 other damage to luggage
The aforementioned limitations and reservations apply also to the benefit of the officers and crew of the ship, suppliers and agents, stevedores and other parties for which Wasaline is responsible. This applies even if a demand presented to the carrier is not based on a contract on a trip.
Wasaline is not obliged to compensate for cash money, securities, art objects or other particularly valuable luggage, unless Wasaline has taken the property in special storage.
17. Presenting a claim for compensation
The passenger shall always notify Wasaline in writing after being informed about circumstances that possibly entitle to present a claim for compensation. The above mentioned written notice shall be done without undue delay after the passenger has become aware of the situation giving the right to present a claim for compensation. However no later than within the time limits mentioned below.
In case of obvious damage to luggage, the passenger shall, if hand luggage is in question, inform Wasaline about the damage in writing before or in connection with disembarkation and as for other luggage before or in connection with handing over of the luggage.
In case of damage not being clearly visible or loss of luggage, the passenger shall inform Wasaline about the damage or loss within 15 days from the date of disembarkation or handing over of luggage or on the date on which the luggage should have been handed over.
If the passenger fails to follow the above-mentioned directions, they shall be considered to have received the luggage undamaged, unless otherwise proved. It is not necessary to provide a written report, if the condition of the luggage has been checked or inspected together in connection with reception.
Any demands concerning damage that has occurred during sea transport shall lapse, unless actions are taken against Wasaline in lawful order in the following cases:
- a claim for compensation concerning a passenger’s death or injury, within two (2) years from the date on which disembarkation took place or should have taken place and, if the death occurred after disembarkation, within two (2) years from death but a maximum of three (3) years after disembarkation.
- a claim for compensation concerning loss or damage of luggage, including hand luggage, within two (2) years from the date on which the luggage were brought to land or, if the luggage have been lost during the trip, from the date on which they should have been brought to land.
18. Applicable law, settling of disputes and complaints
Passengers can contact the customer service of Wasaline by phone or e-mail in case of complaints.
Disputes concerning this contract may be filed, as chosen by the plaintiff, in general courts in Sweden or in Finland. The place of jurisdiction shall decide which country’s law shall be applied. A consumer has the right to refer the case to the Consumer Disputes Board for resolution. Additional information regarding the Consumer Disputes Board can be found here.
SPECIAL TERMS AND CONDITIONS OF ROUTE TRAFFIC AND CRUISES
These NCL Ferry Ab Oy’s (hereinafter ”Wasaline”) special terms and conditions are applicable to Wasaline’s route traffic and cruises. These terms and conditions shall not be applied to trips that are subject to Wasaline’s terms and conditions of travel packages or special terms and conditions of conference and group travel packages.
2. Age limits
Age limit provisions set out in the general travel terms shall be applied to age limits on route traffic and cruises.
3. Terms and conditions for cancellation and changes to the trip
For paid reservations that are cancelled:
- earlier than seven (7) days prior to departure, 10% of the price or minimum of 10 EUR/ 100 SEK is charged as an administrative cost;
- later than seven (7), but earlier than 48 hours prior to departure, half (50%) of the price is charged;
- later than 48 hours prior to departure, full price of the reservation is charged.
If the reservation is cancelled later than 7 days prior to departure due to passenger’s medical reasons, only a fee of EUR 10 / SEK 100 is charged as an administrative cost. A medical certificate shall be presented to prove the cause of cancellation.
SPECIAL TERMS AND CONDITIONS FOR CONFERENCE AND GROUP TRIPS
1. Scope of application
These special terms and conditions for conference and group trips apply to NLC Ferry Ab Oy’s (hereinafter ”Wasaline”) group voyages and other group travel services. In the context of these special terms and conditions, “group” means a group of at least 10 adult travellers.
2. Payment terms of group trips
If the trip is booked at least 30 days prior to departure, the group trip will be due for payment at least 30 days prior to departure.
If the group trip is booked later than 30 days prior to departure, the group trip is due for payment immediately upon booking.
3. Terms and conditions for cancellation of group trips
All cancellations shall be done in writing by email at email@example.com. Cancellation is deemed to done on the date Wasaline received the written cancellation notification.
If the person responsible for booking the group trip is entitled to refund of the booking fee or already paid trip, the person responsible for the booking shall contact customer service at +358 (0)20 771 6813 (Finland) / +46 (0)90 185205 (Sweden) and inform the customer service the booking reference and his or her banking details to the sufficient extent, unless the aforementioned information has already been informed in the written cancellation notification.
- Route and cruise trips
Group route or cruise trip bookings consisting of less than 50 people can be cancelled on the following conditions:
- the group booking may be cancelled free of charge eight (8) days prior to departure.
- if the group booking is cancelled seven to three (7-3) days prior to departure, 10% of the full reservation price is charged.
- if the group booking is cancelled 48 hours prior to departure, the full reservation price is charged.
- if the travel seats are cancelled seven to three (7-3) days prior to departure, 50% of the price of the cancelled seats are charged.
- if the travel seats are cancelled 48 hours prior to departure, the full price of the cancelled travel seats are charged.
- if over 50% of the travel seats of the original group booking are cancelled, terms and conditions for cancellation are applied correspondingly with a situation, in which the whole group booking is cancelled.
Group route or cruise trip bookings consisting of more than 50 people can be cancelled on the following conditions:
- Entire group booking can be cancelled free of charge 15 business days prior to departure.
- if the group booking is cancelled 14-8 business days prior to departure, 10% of the reservation price is charged.
- if the group booking is cancelled seven (7) business days prior to departure, the full reservation price is charged.
- if the travel seats are cancelled seven to three (7-3) business days prior to departure, 50% of the price of the cancelled seats are charged.
- if the travel seats are cancelled two (2) business days prior to departure, the full price of the cancelled travel seats are charged.
Change of name in the passenger list can be made free of charge. The passenger list consisting of the group name, booking reference and passenger information (in the following format: last name, first name and date of birth (ddmmyy)) shall be submitted at least five (5) business day prior to departure by email at firstname.lastname@example.org.
- Special and charter cruises
Wasaline reserves the right to set separate cancellation and payment terms for special and charter cruises.
Special cruise means a cruise that has a deviating cruise programme, arrival or departure time or harbour from the regular services, and the deviation is due to the group booking.
4. School and youth groups
A person at least at the age of 20 may act as a group leader of school and youth groups provided that the group leader undertakes comply with Wasaline’s Agreement on order on board, which can be found here.
In all other respects the general travel terms of Wasaline shall be applied and, if the scope of general terms and conditions for package travel between the Association of Finnish Travel Agents and the Finnish Consumer Ombudsman applies to group trips, shall those general package travel terms be applied as well. In addition, other special terms of Wasaline shall be applied, provided that the scope of those special terms is applied to the group trips. Should there be any discrepancies between these terms and conditions and general terms and conditions for package travel, these terms and conditions shall prevail.
TERMS AND CONDITIONS FOR PACKAGE TRAVEL
These terms and conditions have been agreed between the Association of Finnish Travel Agents and the Finnish Consumer Ombudsman. These terms and conditions can be found separately here. These terms and conditions apply to contracts concluded on or after 1 July 2018. These terms and conditions are based on the mandatory provisions of Directive (EU) 2015/2302 of the European Parliament and of the Council on package travel and linked travel arrangements and the Finnish Act on Travel Service Combinations (901/2017).
The terms and conditions in bold writing are NCL Ferry Ab Oy’s (hereinafter, as applicable, the” organiser”, ”service provider”, ”shipowner” or ”Wasaline”) own additional special terms and conditions that Wasaline is entitled to introduce subject to Section 1.3 of the terms and conditions agreed between the Association of Finnish Travel Agents and the Finnish Consumer Ombudsman (please see Section 1.3 below). The special terms and conditions of Wasaline shall supplement the general terms and conditions mentioned above.
1. Scope of application
1.1. General terms and conditions for package travel
These terms and conditions apply to packages that cover a period of at least 24 hours or include overnight accommodation and are purchased primarily for private purposes, combining at least two of the following types of travel services: 1) carriage of passengers, 2) accommodation, 3) rental of cars or other motor vehicles within the meaning of Section 2(3) of the Act on Travel Service Combinations, such as motorcycles requiring a Category A driving licence or self-propelled vehicles with at least four wheels and a design speed of more than 25km/h, or one of the above in combination with 4) any other essential tourist service, provided that the package is sold or marketed in Finland. Accommodation also includes a few weeks’ stay with a host family in connection with a language course, for example, although not in connection with a long-term exchange programme.
1.2. Additional terms and conditions
The organizer has the right to supplement and add more details to the general terms and conditions of package travel, provided that the additional terms and conditions are not to the detriment of the traveller or in conflict with these general terms and conditions.
1.3. Special terms and conditions
The organizer has the right to introduce special terms and conditions that deviate from these terms and conditions if the introduction of special terms and conditions can be justified due to the special nature of the trip, special regulations concerning the form of transport (such as the terms and conditions applicable to booking and paying for scheduled flights), special terms and conditions applicable to accommodation resulting from the special nature of the trip or special conditions at the destination. Any such special terms and conditions must not be in conflict with the provisions of the Act on Travel Service Combinations to the detriment of the traveller.
The organizer who applies special terms and conditions in the event of cancellations and charges the traveller for the actual costs of cancellations on that basis must, if requested by the traveller, provide an account of how the costs are split between the various components of the trip.
2. Package travel contracts and responsibility for delivering on contracts
2.1. Responsibility for delivering on contracts
The organiser is responsible for ensuring that the travel package delivers what has been agreed with the traveller. The organiser is also responsible for any services they procure from service providers in order to deliver on the contract (such as transport operators and hotels).
The retailer is responsible for the information they provide to the traveller and for delivering on the contract in the same way as the organiser, if the organiser is based outside the European Economic Area and the retailer cannot provide evidence of the organiser delivering on these responsibilities.
Prior to concluding the contract, the traveller must be given information on whether the organiser or the retailer has provided a security as referred to in the Finnish Act on Providers of Travel Service Combinations (921/2017) and whether the security covers the trip in question.
The traveller can report breaches of contract pursuant to these terms and conditions by contacting either the organiser or the retailer.
The complaints procedure is laid down in Section 12.4.
2.2. Content of contracts
Each trip must include the services and arrangements that have been agreed between the traveller and the organiser. The contract must cover all the terms and conditions supplied in writing or electronically before the conclusion of the contract, the standard information form and other information concerning the trip required under the Act on Travel Service Combinations (in Finnish) and the Decree on Information to Be Provided to Travellers on Travel Service Combinations (in Finnish).
2.3. Travel documents and travel insurance
The organiser must provide the traveller with general information about the passport and visa requirements of the destination country prior to concluding the contract, including the average processing time for visa applications.
The traveller is responsible for observing the organiser’s instructions and ensuring that they have the necessary documents for their trip (e.g. passport, visa, vaccination certificates) and that these documents and tickets are correct and match each other. The traveller is also responsible for checking transport timetables. As long as the organiser has provided all the necessary information, they cannot be held liable for any loss incurred by the traveller if the traveller is unable to participate in all or part of the trip due to inadequate travel documents (e.g. a damaged passport) or not having or being denied a visa.
The organiser cannot be held liable for any voluntary insurance that the traveller may need for the trip. Instead, the traveller is responsible for obtaining insurance themself and for ensuring that it covers what is needed in the event of cancellations, for example. To this end, the organiser shall instruct the traveller to obtain sufficient insurance to cover accidents and property damage as well as cancellations.
2.4. Potential safety risks at the destination
The organiser must inform the traveller of any special risks relating to the trip and the general health regulations in force in the destination country prior to the trip. The traveller is responsible for obtaining any advice specific to their personal health concerns themself. The traveller must be provided with instructions in the event of an illness, an accident or another similar event.
The safety of the traveller while abroad is primarily the responsibility of the traveller themself and the authorities of the country in question. The traveller must take local conditions into consideration in their actions
Key information about the safety and other characteristics of specific travel destinations is available on the websites of the Finnish Ministry for Foreign Affairs and the National Institute for Health and Welfare at www.um.fi and www.thl.fi. The traveller must read the information in order to familiarise themself with local conditions at the destination.
2.5. The organiser’s obligation to provide assistance
If the traveller falls ill, has an accident, becomes a victim of a crime or suffers other losses during the trip, the organiser must provide the traveller with information on health services, local authorities and consular assistance as well as access to a means of distance communication and help the traveller to make alternative travel arrangements and provide other necessary assistance without undue delay. The traveller will bear the costs of these and any other special arrangements required by the circumstances (such as new transport, additional nights in a hotel and any additional costs incurred by the organiser) that the organiser makes to accommodate the traveller’s situation. If a situation such as that referred to in Section 10.1.b) arises during a trip, the organiser must provide the traveller with appropriate assistance and take any reasonable steps to limit the traveller’s losses and inconvenience.
The organiser has the right to charge a reasonable fee for any such assistance provided, if the traveller has caused the situation intentionally or through negligence. However, the fee must not exceed the actual costs incurred by the organiser from providing the assistance.
An organiser who does not have local staff available to assist travellers at the destination must provide the traveller, prior to the trip, with the name and contact details of the local representative of the organiser or retailer, or similar information about local points of contact that the traveller can turn to for assistance. In the absence of such representative or point of contact, the traveller must be given information on how they can contact the organiser or retailer if necessary.
For the avoidance of doubt, it is mentioned that the service provider’s obligation to provide assistance is also subject to Wasaline’s General Terms and Conditions, available at here.
2.6. The traveller’s responsibilities
2.6.1. The traveller must observe any instructions and orders regarding the execution of the trip, given by the authorities, the organiser or the organiser’s representatives, as well as any applicable hotel and transportation rules.
2.6.2. The traveller must not disturb other travellers by their conduct. A traveller who fails to observe these responsibilities risk losing their place on the trip or being repatriated prematurely. Such travellers will not be entitled to a refund and they will bear all the costs of their return journey.
2.6.3. The traveller is liable for any damage they cause intentionally or through negligence to the organiser or third parties, for example, by violating the provisions of Section 2.6.1. and 2.6.2.
2.6.4. The traveller must provide the organiser with contact details where they may be contacted before and during the trip.
2.6.5. A representative of a traveller group must provide their group with all the information and documents required for the trip and the organiser with all necessary information and documents concerning the travellers. The organiser is deemed to have satisfied their duty to provide information by making the information concerning the trip available to the group’s representative and do not need to provide the information to each individual traveller separately.
A representative of a traveller group can make changes to the group’s bookings alone or together with the individual traveller requesting the changes
2.6.6. The traveller or the representative of a traveller group is responsible for the accuracy of the information they provide to the organiser, such as the timing of the trip, the name/s, date/s of birth and other personal details of the traveller/s or any special requirements, and for providing the information on time. The organiser cannot be held liable for any losses resulting from inaccurate or incomplete information having been provided by the traveller or the representative of a traveller group.
2.6.7. The traveller may be held liable for any consequences and/or costs incurred from their use of the services or components included in the package in a manner that violates the package travel contract. For example, failure to use all or part of any transport services included in the package may cause the traveller to lose their right to some or all remaining services.
3. Conclusion of the contract and payment
3.1. The contract becomes binding once the initial payment is made to the organiser by the given due date.
3.2. The total price of the package must be paid by the due date given by the organiser or by another agreed due date. Provided that they pay for the package, the traveller is entitled to receive their tickets and other documents relating to their trip well in advance of the trip.
4. The traveller’s right to cancel the booking before the start of the trip
4.1 The traveller has the right to cancel their booking at any time before the start of the trip. In such circumstances, the organiser has the right to charge a cancellation fee as follows:
- a) Administrative costs as agreed, if a booking is cancelled at least 45 days before the start of the trip
- b) A booking fee, if a booking is cancelled less than 45 days but at least 21 days before the start of the trip
- c) 50% of the price of the package, if a booking is cancelled less than 21 days but at least seven days before the start of the trip
- d) 75% of the price of the package, if a booking is cancelled less than seven days but at least three days before the start of the trip
- e) 95% of the price of the package, if a booking is cancelled less than three days before the start of the trip.
The number of administrative costs shall not exceed 10% of the price of the package, however, at least a minimum of EUR 10 or SEK 100. Hotel packages, i.e. trips including the voyage and accommodation on shore, shall always be booked at least 48 hours prior to departure and the possible cancellation shall be made at least 48 hours prior to departure, or otherwise a cancellation fee of 100% of the package price is charged.
Ski-package holidays shall be booked and cancelled at least two weeks prior to departure or 100% of the package price is charged as a cancellation fee.
If the traveller is entitled to refund of the booking fee or already paid trip, the traveller shall contact the customer service of Wasaline and inform the booking reference of the cancelled trip and his or her banking details to the sufficient extent.
In case of cancellation, the traveller shall contact the Wasaline customer service by phone or by email at: email@example.com or, in case of a group trip, firstname.lastname@example.org. A cancellation made by email is deemed to have be made on the date the written cancellation notification was received by Wasaline.
4.2. If the price of a package is based on two or more travellers sharing a room or an apartment and one of the travellers cancels their booking, the organiser has the right to charge for the cancellation as per Section 4.1 as well as for any costs incurred from the accommodation not being used in full. Liability for the aforementioned costs will be shared between the traveller who cancels their booking and the other travellers in the group. The organiser and the travelling entourage can agree to deviate from the above by finding accommodation that is more suitable for the remaining travellers, in which case the travellers attending the trip will bear any additional costs incurred.
4.3. A travellers who fails to show up for their trip at the appointed time without cancelling their booking or is unable to attend the trip due to missing documents for which the traveller is responsible, such as their passport, visa, proof of identity or vaccination certificate, will not be entitled to a refund.
4.4. Cancellation costs may differ from those listed in Section 4.1., in the case of a trip subject to special terms and conditions (Section 1.3.). In such circumstances, the special terms and conditions must specify the cancellation costs or how such cancellation costs will be calculated.
5. The traveller’s right to cancel their booking before the start of the trip due to changes made by the organiser or conditions at the destination
5.1. The traveller has the right to cancel their booking if:
- a) the organiser makes substantial changes to the travel arrangements. Substantial changes include, for example, a change in transportation that results in a considerably longer travel time, changes to departure and arrival times that cause considerable inconvenience or extra costs to the traveller, for example, due to having to rearrange their transport or accommodation, a daytime flight being replaced by a night-time flight (an afternoon arrival time is replaced by an arrival time after midnight), a change of destination or a change that significantly decreases the standard of accommodation, as well as substantial changes in the nature of the trip, such as a trip having been advertised as accessible for disabled passengers not turning out to be so; or
they have reason to believe that the organiser’s ability to perform the trip as agreed has been significantly compromised after the conclusion of the contract due to war having broken out at the destination or in its vicinity or other serious security issues, such as terrorism or a natural disaster such as flooding, an earthquake or weather conditions, workers’ strikes, significant risks to human health, such as the outbreak of a serious disease at the destination, or other similar circumstances, or if the trip cannot be run without endangering the traveller’s health or life for some other unexpected reason.
The traveller’s right to cancel the booking depends on the official view of Finnish authorities on the situation or official reporting by a Finnish mission, for example; or
- c) the dates or times of the trip change
- by more than 24 hours in the case of trips lasting at least seven days
- by more than 12 hours in the case of trips lasting between two and six days
- the traveller’s right to cancel trips lasting less than two days is assessed case by case;
- d) they have strong reason to believe that the organiser will otherwise fail to deliver on some essential element of the contract.
5.2. The organiser must inform the traveller of any changes by means of a durable medium, and the notice must explain what changes the organiser intends to make, whether the changes will affect the standard of the package or lower its value, the amount of any discount given to the traveller due to the changes and whether the changes entitle the traveller to cancel their booking.
5.3. A traveller who wishes to cancel their booking must communicate their wish to the organiser without undue delay. A traveller who does not inform the organiser of their wish to cancel their booking by a reasonable deadline, given in the notice of changes, is deemed to have accepted the proposed changes.
5.4. The traveller’s right to cancel their booking due to price increases is established in Section 8.3.
5.5. A traveller who cancels their booking in the aforementioned circumstances is entitled to a refund of the price of the package without undue delay and in any case within 14 days of the cancellation. However, a cancellation fee will be charged if the traveller was aware of the circumstances referred to in Section 5.1.b) when the contract was concluded.
A travellers who cancels their booking due to the reasons listed in Section 5.1.a), 5.1.c) or 5.1.d) is also entitled to compensation for any amounts they have spent on the trip that have become worthless due to the cancellation unless the changes are due to circumstances that are beyond the organiser’s or their subcontractors’ control.
6. The traveller’s right to interrupt the trip and terminate the contract during the trip
6.1. The traveller has the right to interrupt the trip if
- a) the performance of the travel arrangements is faulty to the point that the trip does not satisfy its original purpose; or
- b) a situation referred to in Section 5.1.b) arises during the trip and the traveller was not aware of the conditions at the destination when the contract was concluded.
6.2. A traveller who interrupts their trip or terminates the contract is entitled to a refund of the price of the package and any other payments made to the organiser. Any services provided by the organiser that have benefited the traveller (e.g. any portions of a trip consisting of several parts, any meals served during the trip or tickets used by the traveller) will be taken into account when calculating the refund.
6.3. If necessary, the organiser must arrange and pay for the return journey of any traveller who wishes to terminate the contract on the grounds of Section 6.1.a). In such circumstances, the traveller must be able to return home using the same form of transport as originally agreed and to the same location from which they departed or another location as agreed.
6.4. A traveller who wishes to interrupt their trip due to the circumstances referred to in Section 6.1.b) and whom the organiser fails to assist in arranging their return journey pursuant to Section 2.5 have the right to make their own arrangements. However, in such circumstances, the traveller must strive to limit the costs and other losses to be borne by the organiser.
6.5. The traveller’s right to compensation is discussed in Section 16.
7. The traveller’s right to request changes to the contract and transfer the package to another traveller
7.1. The travellers has the right to change the departure date, destination or hotel up to 45 days before the start of the trip by paying any difference between the original package and the new package as well as administrative expenses. The organiser has the right to treat any changes made closer to the start of a traveller’s trip as a cancellation and a new booking.
7.2. The traveller has the right to make changes to passenger details on their booking or transfer the package to another person as long as the other person satisfies the terms and conditions of the package.
The organiser must be notified of any such changes in passenger details at least seven days before the start of the trip. Changes may also be made closer to the start of the trip if this does not cause unreasonable inconvenience to the organiser.
The organiser has the right to reasonable compensation for any actions they must take due to the changes. Unless otherwise stated in the organiser’s additional terms and conditions, the amount of compensation will be based on the administrative costs incurred. Alternatively, Section 4.2. may be applied. Liability for the costs of the package and for the compensation payment to the organiser will be shared between the original traveller and the person travelling instead.
8. Changes to prices
8.1. The organiser has the right to increase the price of the package and a duty to lower the price after the conclusion of the contract on the following grounds:
- a) Changes in transport costs due to fuel and other energy prices; or
- b) Changes in taxes or third-party charges that affect the price of the package, such as airport or seaport charges or taxes in the destination country or city. Both domestic taxes and charges and taxes and charges levied by the authorities of the destination country are taken into account; or
- c) Changes in currency exchange rates that affect the price of the package, determined on the basis of the exchange rate in force six weeks before the start of the trip. The reference exchange rate is the rate that the organiser has given as the basis for their prices. If the exchange rate on which prices are based has not been specified, the reference exchange rate is the rate of the day when the contract was concluded.
8.2. Price increases must not exceed the increase in costs.
The organiser must inform the traveller of the new price as soon as possible and provide an explanation for why the price has changed and identify the components of the package affected by the change.
The traveller must be informed of the price increase by means of a durable medium at least 20 days before the start of their trip.
8.3. If the price of a traveller’s package is increased by more than 8% calculated as referred to in Section 8.2. after the conclusion of the contract, the traveller has the right to terminate the contract. The traveller must notify the organiser of their wish to terminate the contract by a reasonable deadline given by the organiser or, if no deadline has been set, within seven days of the traveller receiving notice of the price increase. Notices sent electronically are deemed to have been received on the day they were sent. If no other evidence can be presented of the date on which a communication was received, notices sent by post are deemed to have been received on the seventh day after they were sent.
A traveller who cancels their contract is entitled to be refunded any amounts they have paid without undue delay and in any case within 14 days of the cancellation. The traveller’s right to compensation is laid down in Section 16.
8.4. The organiser must reimburse the traveller for any decrease in the cost of the package due to the circumstances referred to in Section 8.1.a)–8.1.c) before the start of the trip. The organiser has the right to deduct any administrative costs incurred from the refund.
9. Changes to the package travel contract introduced by the organiser
9.1. The traveller is not entitled to cancel their contract or to receive a price reduction or compensation in the event that the organiser introduces minor changes to the package travel contract before the start of the trip. Minor changes include changes that the traveller can reasonably be expected to have foreseen due to the nature of the destination or the trip, such as the cancellation of one excursion, if the package includes several excursions.
9.2. Changes introduced by the organiser that entitle the traveller to cancel their trip are listed in Section 5.1.
9.3. The traveller has a duty to pay the price of the package and any other agreed charges if the changes introduced by the organiser are not minor pursuant to Section 9.1. or such that entitle the traveller to cancel the trip pursuant to Section 9.2. However, the provisions laid down in Section 15 and 16 on the traveller’s right to a price reduction and compensation apply.
9.4. The organiser must inform the traveller of any changes by means of a durable medium in a clear, comprehensible and prominent manner.
9.5. Instead of cancelling a trip or a series of trips due to low demand, the organiser has the right to run the trip by changing the form of transport, route and/or timetable as long as these changes do not significantly affect the nature of the trip. The traveller must be informed of such changes:
- at least 20 days before the start of the trip in the case of trips lasting more than six days;
- at least seven days before the start of the trip in the case of trips lasting between two and six days;
- at least 48 hours before the start of the trip in the case of trips lasting less than two days.
The aforementioned changes may entitle the traveller to a price reduction and/or compensation pursuant to Section 15 and 16.
10. The organiser’s right to cancel or interrupt a trip
10.1. The organiser has the right to cancel a trip if:
- a) not enough people have signed up for the trip and the organiser has specified that the performance of the trip is subject to demand in the documentation provided to the traveller beforehand (e.g. the programme or other documentation). A minimum number of participants can be set for individual trips or series of trips to a particular destination. The traveller must be informed of such cancellations:
- at least 20 days before the start of the trip in the case of trips lasting more than six days
- at least seven days before the start of the trip in the case of trips lasting between two and six days
- at least 48 hours before the start of the trip in the case of trips lasting less than two days.
- b) the organiser’s ability to perform the trip as agreed has been significantly compromised after the conclusion of the contract due to war having broken out at the destination or in its vicinity or other serious security issues, such as terrorism or a natural disaster such as flooding, an earthquake or weather conditions, workers’ strikes, significant risks to human health, such as the outbreak of a serious disease at the destination, or other similar circumstances, or if the trip cannot be run without endangering the traveller’s health or life for some other unexpected reason. Such reasons also include interruptions in the supply of essential services, such as electricity or water, at the destination due to a natural disaster or workers’ strike, for example.
The traveller must be informed of such cancellations as soon as possible.
10.2. If circumstances such as referred to in Section 10.1.b) arise during a trip, the organiser has the right to interrupt the trip and make any other necessary changes to the programme. In such circumstances, the organiser must after their return home reimburse the traveller without delay for the price paid for any components of their package that were not delivered.
10.3. An organiser who cancels a trip must refund the traveller within 14 days of the cancellation.
11. The organiser’s right to terminate a contract
The organiser has the right to terminate a traveller’s contract if the traveller fails to pay for all or part of their package by the agreed due date. The due date must be reasonable. The document in which the due date is specified must explain the organiser’s right to terminate the contract on the grounds of non-payment.
12. Breach of contract and complaints
12.1. The organiser is deemed to be in breach of contract if:
- a) the services or other arrangements associated with a trip do not correspond to what has been agreed or what can be deemed to have been agreed; or
- b) they fail to provide the traveller with all the information required under the Act on Travel Service Combinations concerning the terms and conditions applicable to the trip, the contents of the package, the necessary travel documents, applicable health regulations, transport links and timetables as well as other necessary information such as instructions in the event that a traveller falls ill, has an accident or encounters other similar difficulty and this can be deemed to have affected the traveller’s decision-making process; or
- c) they fail to provide assistance pursuant to Section 2.5.
12.2. The traveller must be prepared for reasonable changes to transport timetables. Changes to transport timetables that do not result in a traveller’s stay at the destination being shortened or lengthened by more than four hours in the case of trips lasting between two and five days, by more than five hours in the case of trips lasting between five and eight days or by more than eight hours in the case of trips lasting more than eight days do not constitute a breach of contract. In the case of trips lasting less than two days, what constitutes a breach of contract is assessed case by case.
12.3. A traveller failing to take advantage of some or all of the transport or other services included in the package does not constitute a breach of contract on the part of the organiser.
A traveller wishing to complain about a breach of contract by the organiser after the trip must notify the organiser or the retailer of their complaint within a reasonable period of time from when they notice or should have noticed the breach. A traveller who notices a breach of contract that can be remedied during the trip must alert the organiser or retailer as soon as possible.
Unless the breach of contract requires immediate remedial action, the traveller must allow a reasonable period of time for the breach to be rectified. What constitutes a reasonable period of time depends on the duration of the trip, the destination and other factors relating to the nature of the trip.
However, the above does not prevent the traveller from filing a complaint if the organiser or a trader used by the organiser for assistance in delivering on the contract has acted with gross negligence or in bad faith.
13. Rectifying breaches of contract
13.1. The organiser must rectify any breaches of contract immediately or, if immediate remedial action is not necessary, by a reasonable deadline set by the traveller and in a manner, that does not result in the traveller incurring any costs or major inconvenience. What constitutes a reasonable deadline for rectifying breaches of contract depends on the nature of the breach and its effect on the traveller as well as the organiser’s possibilities of rectifying the breach.
The traveller may be entitled to a price reduction covering the duration of the breach pursuant to Section 15 and to compensation pursuant to Section 16 despite the organiser’s remedial action.
13.2. The organiser cannot be expected to rectify a breach of contract if remedial action is impossible or would result in the organiser incurring unreasonable costs. What constitutes unreasonable costs depends on the scale of the breach and the value of the affected travel services.
If the organiser decides not to rectify a breach of contract or fails to take immediate remedial action if immediate remedial action is required or fails to rectify the breach by the deadline set by the traveller, the traveller has the right to take action themselves. In such circumstances, the traveller is entitled to be reimbursed for any costs incurred from the remedial action taken.
The organiser is not required to reimburse the traveller for costs incurred by them from rectifying a breach of contract by the organiser if the costs are unreasonable. An organiser who refuses to rectify a breach of contract pursuant to this Section has a duty to provide the affected traveller with a price reduction and compensation pursuant to Section 15 and 16.
14. Provision of alternative services during a trip
If a significant portion of travel services included in a traveller’s package cannot be provided as agreed during a trip, the organiser must make alternative arrangements to complement the package without the traveller incurring any additional costs. Such alternative services must, where possible, be of at least the same standard as the agreed travel services. The organiser’s duty to make alternative arrangements also applies in cases where a traveller cannot be returned to their original departure location as agreed.
If the alternative arrangements lower the value of the package compared to what was agreed in the package travel contract, the organiser must give the traveller an appropriate price reduction.
The traveller has the right to turn down any alternative arrangements offered if they differ considerably from what was agreed in the package travel contract or if the price reduction offered by the organiser is not proportionate to the impact of the change. A traveller who exercises their right to turn down alternative arrangements or to whom no alternative arrangements can be offered has the right to an appropriate price reduction and compensation even if they do not terminate the contract. If the traveller’s package includes a return journey home, the organiser must arrange for the traveller to be repatriated in the manner agreed in the contract without undue delay and without the traveller incurring any additional costs.
A traveller who turns down alternative arrangements offered by the organiser without a justifiable reason as referred to above will not be entitled to compensation or a price reduction.
15. Price reduction
If an organiser fails to rectify a breach of contract without delay or if the breach cannot be remedied, the traveller is entitled to a price reduction proportionate to the impact of the breach unless the organiser can prove that the breach was caused by the traveller.
No price reduction is necessary if the breach only has a minor impact considering the entire package. The price reduction depends on the total price of the package rather than the price of the individual service affected by the breach. The traveller’s personal needs and any special wishes expressed in connection with concluding the contract can also be taken into account when assessing the impact of the breach.
16.1. The traveller is entitled to compensation for any losses incurred by them because of a breach of contract by the organiser. The organiser must pay the compensation without undue delay.
However, the right to compensation is lost if the organiser can demonstrate that
- the breach of contract was due to the traveller;
- the breach was due to third parties who are unrelated to the provision of travel services and it could not reasonably have been foreseen or prevented;
- the breach was due to the kinds of unavoidable and extraordinary circumstances referred to in Section 16.9.
16.2. The traveller can be compensated, for example, for any additional costs incurred by them due to a breach of contract and for any amounts they have spent on their trip that have become worthless as well as any loss of income due to a delayed return home, additional costs incurred from having to arrange additional overnight accommodation as well as any loss of enjoyment from the holiday or trip. Compensation for the loss of enjoyment will only be paid in the case of a serious breach of contract by the organiser.
16.3. The traveller is entitled to compensation for the loss of their luggage, if the traveller not having access to their luggage must be deemed to have inconvenienced them, considering the length of the delay and other circumstance.
16.4. The traveller must take any reasonable steps to mitigate their losses. The organiser cannot be held liable for losses resulting from the traveller’s own actions.
16.5. Compensation in the event of losses incurred during transport by air, sea or rail will be calculated based on the rules or contracts applied by the transport operator to their services. The organiser’s liability for damages in the context of transport is gov erned by the applicable provisions of the Finnish Maritime Act (674/1994) or Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents, the Finnish Act on Transport by Air (289/1937), the Finnish Act on Air Transport Contracts (45/1977), the Finnish Air Transport Act (387/1986), the Finnish Rail Transport Act (1119/2000), Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents or the Convention concerning International Carriage by Rail (COTIF; TrS 5/1985), the Convention for the Unification of Certain Rules for International Carriage by Air (TrS 76/2004) or the 2002 Protocol to the 1974 Athens Convention relating to the carriage of passengers and their luggage by sea (TrS 70/2017)
16.6. The amount of compensation payable to the traveller depends on the amount of losses incurred by them and is in all cases limited to three times the price of their package. However, this limitation of liability does not apply in the event of personal injury or other losses caused intentionally or through negligence.
16.7. To be eligible for compensation, the traveller must demonstrate that the organiser has committed a breach of contract and that the losses are directly attributable to the breach. The burden of proof regarding the amount of losses also rests with the traveller.
16.8. The traveller’s liability for damages payable to the organiser is laid down in Section 2.6.3.
16.9. Unavoidable and extraordinary circumstances
The organiser cannot be held liable for any losses resulting from unavoidable and extraordinary circumstances that are beyond the organiser’s control and the consequences of which could not have been avoided even if all reasonable steps had been taken. Such unavoidable and extraordinary circumstances include, for example, orders by the authorities, airspace restrictions, war, other serious security issues, such as terrorism, serious unrest, significant risks to human health, such as the outbreak of a serious disease at the destination, or natural disasters such as flooding, earthquakes or weather conditions that make travelling to the destination in a safe manner as specified in the package travel contract impossible or that otherwise significantly impede running the trip as agreed. Such circumstances also include interruptions in the supply of essential services, such as electricity or water, due to a natural disaster or workers’ strikes, for example.
16.10. If a traveller’s return home cannot be arranged as planned due to unavoidable and extraordinary circumstances, the organiser has a duty to cover any costs of up to three nights’ stay in alternative accommodation, where possible, of the standard specified in the package travel contract if the transport operator does not provide accommodation. Where longer periods are provided for in Union passenger rights legislation applicable to the relevant means of transport for the traveller’s return, those periods shall apply.
The organiser cannot limit their liability for a traveller’s delayed return home on the grounds of unavoidable and extraordinary circumstances, if the transport service provider in question is prevented by applicable European Union laws from denying liability in such circumstances.
The aforementioned limitation of liability does not apply in the case of disabled passengers and their caregivers, pregnant women, unaccompanied minors or individuals who require specialist medical care, provided that the organiser was informed about the traveller’s need for special assistance at least 48 hours before the start of the trip.
17. Booking errors
The organiser must without undue delay reimburse the traveller for any losses incurred because of a technical fault in the organiser’s booking system or an error made during the booking process.
However, the traveller is not entitled to compensation if the booking error is due to the traveller or the kinds of unavoidable and extraordinary circumstances referred to in Section 16.9.
Booking errors may be attributable to the traveller, for example, if they provide the organiser with incorrect or incomplete information concerning themself or the trip. The traveller also has a general duty of care to check all provided documents, such as the booking confirmation letter, and to notify the organiser or retailer of any missing information or mistakes as soon as possible. Any failure by a traveller to check the documents may be considered when calculating the amount of compensation payable to the traveller for any losses incurred.
18. Deduction of compensation paid under other laws
Any price reduction given or compensation paid to a traveller pursuant to European Union laws governing the rights of travellers or international conventions will be deducted from any compensation payable pursuant to these terms and conditions.
The traveller has a duty to declare any compensation they have received because of breaches of the package travel contract from other parties to the organiser or retailer.
19. Claims for damages
19.1. The procedure for filing complaints concerning breaches of contract by the organiser is laid down in Section 12.
19.2. Claims for damages must be made in writing and within a reasonable period of time.
If a dispute concerning a package travel contract cannot be settled between the parties, a consumer has the right to refer the case to the Consumer Disputes Board for resolution. A consumer wishing to refer a case to the Consumer Disputes Board must first contact the Consumer Advisory Services. A traveller can also file a civil suit in their local District Court.
CONDITIONS OF CARRIAGE
1. Scope of application
These conditions of carriage shall apply to passengers and their luggage and these conditions of carriage shall apply to the contract of carriage between NLC Ferry Oy Ab (hereafter ”Wasaline”) and the passenger.
Wasaline is the carrier. The contract of carriage evidenced by the ticket or other document referring to these conditions of carriage is between the carrier and the passenger.
3. Applicable law
The contract of carriage is governed by the provisions of either the Finnish Maritime Act or the Swedish Maritime Act, depending on which of the said provisions is mandatorily applicable at the place of the competent court under these conditions of carriage. If none of the provisions is mandatorily applicable at the place of the competent court under these conditions of carriage, then the provisions of law mandatorily applicable at such place upon carriage of passengers and their luggage (which includes here and hereinafter accompanied vehicles and cabin luggage) shall apply.
If no provisions of law are mandatorily applicable to carriage of passengers and their luggage at the place of the competent court under these conditions or at the place of any other court granting jurisdiction, then the provisions of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 as amended by protocol 29.3.1990 including regulation (EC) 392/2009 of the European Parliament shall be applicable to the contract of carriage.
Disputes under the contract of carriage shall be determined by the competent court at the option of the plaintiff at
- the place of permanent residence or principal place of business of the defendant
- the place of departure or the place of destination of vessel as stipulated in the contract of carriage.
If according to Section 3 above the provisions of the Swedish Maritime Act are to be applied to the contract of carriage, the dispute can also be determined at the option of the plaintiff by the competent court defined in the provisions of Chapter 21 Section 4 Subsection 1 Items 3 and 4 in the Swedish Maritime Act.
If according to Section 3 above the provisions of the Athens Convention are to be applied to the contract of carriage, the dispute can also be determined at the option of the plaintiff by competent court defined in Article 17 Subsection 1 (c) and (d) of the Athens Convention.
5. Scope of application
The carriage of the passenger and her/his luggage by sea shall be governed by the contract of carriage and the provisions of law applicable according to Section 3 above. The carriage by sea comprises the time that begins when passengers and their luggage arrive on board and ends when they leave the vessel. The carriage by sea does not cover the time when the passenger and her/his luggage are at the carrier’s terminal at the port of departure, on board and at the carrier’s terminal at the port of destination.
The contract of carriage and the provisions of law applicable according to Section 3 above shall not be applied to other services and/or contracts entered into between the passenger and Wasaline in addition to the contract of carriage. The above services and contracts are governed by Wasaline’s General Terms and Conditions and, if any other service or contract is subject to these conditions, by Wasaline’s Special Terms and Conditions of Conference and Group Trips, Wasaline’s Terms and Conditions of Package Travel and/or Wasaline’s Terms and Conditions of Route and Cruise. For the sake of clarity, it is noted that the passenger shall always comply with rules and regulations of Wasaline during the voyage. All the above terms and conditions, including rules and regulations, are available here.
6. Tickets and vessel
The ticket or other document evidencing the contract of carriage must be presented when checking in at the carrier’s terminal at the place of departure. The passenger is not entitled to transfer the rights granted in the ticket or in other travel document to any other person. Anyone who has obtained a ticket or other document on behalf of another person shall be considered empowered to do so and to accept these conditions of carriage on behalf of this person.
The carrier is not liable to pay any refund on stolen, lost or destroyed ticket or other travel document. Cancellation of the trip is subject to the General Terms and Conditions of the carrier and/or any Special Terms and Conditions that may apply. Both the carrier’s and the passenger’s right to cancel the contract of carriage is defined in the provisions of the law applicable according to Section 3 above and in accordance with the carrier’s General Terms and Conditions and any Special Terms and Conditions applicable.
The carrier is entitled to perform the carriage by another vessel than that announced or stated in the ticket.
7. Restrictions concerning luggage
The passenger is not allowed to bring to a terminal or on board any luggage that may cause danger or considerable inconvenience for the terminal, the vessel, human beings or other luggage or cargo. The carrier shall have the right to carry ashore, to render innocuous or to destroy such luggage at the cost of the passenger and without any responsibility on the part of the carrier. The passenger is not allowed to bring on board any unidentified luggage that does not belong to the passenger.
The passenger is not allowed to bring to the terminal or on board any live animals without express and separate agreement with the carrier.
The carrier is entitled for safety reasons to check the passenger’s luggage both in terminals and on board.
8. Carrier’s liability
The carrier’s liability is determined in accordance with applicable law under Section 3 above. The carrier’s liability is always limited as defined and to the amount available in the provisions of the applicable law or the Athens Convention as amended by protocol 29.3.1990.
The carrier’s liability is also limited under the provisions of law or international conventions concerning the limitation of liability on maritime claims as applicable at the place of the competent court under Section 4 above.
The carrier is not liable for any damages, losses or expenses in respect of delay howsoever caused and arising before commencement or after the end of the carriage by sea of the passengers or their luggage defined in Section 5 above, irrespective of the reason for such damage, loss or delay.
The carrier shall not be liable for loss or damage to luggage, including valuables such as bonds or jewellery, unless the carrier and the passenger have expressly agreed that the carrier shall take such luggage into its custody. In addition, the carrier is not liable for any damage or loss to luggage that are left on the coat racks, corridors or other public places.
The passenger shall notify the carrier in writing of loss or damage to luggage, including vehicles, during the carriage by the sea defined in Section 5 above. If the damage to the luggage is so apparent that the passenger must have observed the damage already during the carriage by sea, the passenger shall notify the carrier of the damage at the latest at the time of disembarkation of the passenger or if the luggage has been in the carrier’s custody during the carriage by sea, at the latest when the luggage is re-delivered to the passenger. If the damage to luggage is not apparent in such way as defined above or the luggage is lost, the passenger shall notify the carrier of the damage or loss within two (2) weeks from the date of disembarkation or re-delivery or from the time when such re-delivery should have taken place.
If the passenger fails to comply to make the above notification to the carrier, he shall be presumed to have received the luggage undamaged or that the luggage was not lost during the carriage by sea defined in Section 5 above.
9. Liability of carrier’s servants, agent and independent contractors
If any action is brought directly against the owner of the vessel, her master or her crew or any servant, agent or independent contractor, or against anyone having an interest in the vessel, such 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 provisions of law applicable in accordance with Section 3 above, as if they were expressly made for his benefit. In entering into any contract of carriage the carrier does so not only on his own behalf but also as agent and trustee for such persons, who shall to this extent be or be deemed to be parties to the contract of carriage.
The aggregate amounts recoverable from the carrier and such other persons mentioned above shall in no case exceed the limits provided under the contract of carriage and the provisions of law applicable in accordance with Section 3 above.
CONDITIONS OF CARRIAGE OF FREIGHT SERVICES
1. Scope of application
NLC Ferry Ab Oy (hereafter the ”Carrier”) is entering into a contract on the carriage of motor vehicles, lorries, trailers, containers and other goods transportation vehicles (hereafter the ”Goods”) in accordance with these conditions of carriage.
These conditions of carriage apply to every performance of the entire transport and related services as undertaken by the Carrier or by its authorized carrier. The Carrier’s liability is governed by these conditions of carriage even if the Carrier is responsible for the carriage or services performed by another carrier in accordance with applicable law or these conditions of carriage. However, these conditions of carriage do not in any way extend the liability of the Carrier in relation to the Carrier’s liability under applicable law.
These conditions of carriage are the sole conditions applicable to the contracts of carriage of Goods made by the Carrier. No other terms and conditions agreed orally or in writing affect these conditions. If these conditions of carriage conflict with any other applicable agreement or document, these conditions of carriage shall prevail. If these conditions of carriage conflict with any other applicable agreement or document, these conditions of carriage shall prevail, unless otherwise required by mandatory law.
2. Contract of carriage
The contract of carriage is made on the basis of a confirmed advance booking or at the time of departure.
The charter party comes into force when the Carrier confirms the booking. A freight ticket is given as proof of the contract of carriage.
3. Freight and terms of payment
The contract of carriage is based on the tariff and exchange rates valid that day.
Unless otherwise agreed, freight must be paid, at the latest, before loading. Freight must be paid in full and is not deductable against a counter claim.
4. Delivery of the Goods
The Goods which are carried with an accompanying towing vehicle, must be ready for loading onto the vessel at least one (1) hour before the scheduled time of departure. In the event of a later arrival, the booking is considered forfeit and the Carrier has no obligation to take the Goods on board. The Goods are considered to have been delivered to the Carrier when the towing vehicle has been checked in.
Goods which are carried without an accompanying towing vehicle, must be delivered to the Carrier in the terminal area, on the same terms for delay, at least one (1) hour before the scheduled time of departure. Goods which are carried without an accompanying towing vehicle are considered to have been delivered to the Carrier when they have been brought to the terminal area to a place indicated for this type of Goods, however, not before the check-in procedures have begun for the sailing for which the Goods are destined. The Goods must be delivered in such condition that they can be loaded onto the vessel, stowed, transported and unloaded safely and easily. The Carrier has no obligation to check the inside of the Goods transportation vehicle or other transportation apparatus in order to secure that the Goods have been packed in a way that they cannot be damaged or cause damage to any person or property. The consignor is liable to the Carrier for the damage caused by Goods incorrectly stowed or packed in the Goods transportation vehicle.
5. Collection of the Goods
Goods which are carried without an accompanying towing vehicle must be collected from the port of destination no later than two (2) hours after the scheduled time of arrival. If the Goods are not collected within this period of time, the Carrier will leave the Goods in the terminal area at the consignee´s cost and risk.
6. Subcontractor contracts
The Carrier has the right to use a third party to carry out the transportation or a part thereof, the loading or unloading, warehousing or other duties which are essential to the fulfilment of the contract of carriage.
If it has been agreed in the contract of carriage that a certain part of the transportation is carried out by the appointed Carrier that acts as subcontractor, the Carrier reserves the right to be discharged from liability concerning damages caused while the Goods are in the custody of the appointed Carrier that acts as subcontractor.
7. The Carrier’s right to cancel the contract of carriage
The Carrier has the right to cancel the contract of carriage with immediate effect if the fulfilment of the contract is prevented by force majeure which is beyond the Carrier’s control, such as the vessel not being able to sail due to industrial conflict, action taken by the authorities, average, fire, hazard or peril that is peculiar to the sea, war, revolt or unrest, saving of human lives, ship rescue operations or an act of God, regardless of their type.
If the Carrier cancels the transportation contract in accordance with this Section, the paid freight will be returned excluding possible part carriage freight in accordance with Chapter 14 Section 21 of the Finnish Maritime Act.
8. Hazardous Goods
Hazardous Goods are only accepted for transportation with the consent of the Carrier. The consignor of hazardous Goods must provide the IMGD code, the technical classification item, any necessary safety precautions and actions to be taken in the event of an accident. If the consignor hands the hazardous Goods over to the Carrier without indicating the hazardous nature of the Goods and the necessary safety measures, the consignor is liable to the Carrier for costs and other damages caused by the transportation of this kind of Goods. In such cases the Carrier has the right, depending on the circumstances, to take the Goods apart, to render them harmless, or to destroy them without any obligation to pay compensation.
9. The Carrier’s liability
The Carrier´s liability for damages is determined in Chapter 13 of the Finnish Maritime Act on transportation of general cargo. The Carrier´s liability for damages is limited to the extent to which is permitted in Chapter 13 of the Finnish Maritime Act. The carriage thus comes under the international convention of 1924 concerning the stipulation of certain universal regulations on bills of lading in the form that they have in the amendment protocol of 1968 (the Hague – Visby regulations) and in the protocol of 1979 on the amendments to the said protocol. Conditions which differ from the said Act and convention to the disadvantage of the consignor, the stevedore or the consignee, are invalid.
The Carrier is thus liable i) for the Goods from the moment the Goods are delivered to be carried until the moment the Goods are delivered to the consignee, or ii) if the consignee does not collect the Goods and they are left in the terminal area, two hours after the scheduled time of the arrival.
The Carrier is liable for damage caused by delay or damages caused by the loss of, or damage to, the Goods while they are in the Carrier’s custody, unless the Carrier can prove that no fault or neglect on its part, or on the part of someone else for whom the Carrier is responsible, has caused the damage or contributed to its arising.
However, the Carrier is not liable under any circumstances for damage which is caused by measures taken to save human lives or justifiable measures taken to rescue a vessel or other property at sea. The Carrier is also not liable for any damage caused by events beyond the control of the Carrier, such as a storm or other natural phenomena.
The Carrier is not liable for disturbances in the function of freezing or heating apparatus accompanying the Goods.
Times given in timetables are not guaranteed but approximate. The information in the timetables concerning times is not considered part of the contract of carriage and are subject to changes.
The Carrier is not liable under any circumstances for indirect damage such as loss of income. However, if the Carrier is liable under the statutory law for any damage caused by indirect or consequential damage or damage caused by delay, however, the Carrier’s liability is always limited as follows.
The total liability of the Carrier is always limited to the lowest of the following:
- the amount of freight or the value of the Goods in carriage, whichever is lower. The value of the Goods in carriage shall be i) the stock price of the Goods or ii) if there is no fixed stock price, the market price of the Goods or iii) if the Goods does not have a fixed stock price or market price, then the value of the Goods shall be the normal value of similar Goods and Goods of the same quality. The value of the Goods is determined by the value of the time when the Goods were delivered under the contract of carriage or when the Goods should have been delivered under the contract of carriage; or
- 667 special drawing rights (Special Drawing Right, SDR, defined by the International Monetary Fund IMF) for each piece or other unit of goods, or if the liability would thus become greater, to 2 special drawing rights (SDR) for each kilogram of the gross weight of the Goods in question. Every motor vehicle, trailer, container, pallet or other such transportation item, with or without load, is considered as one piece in every respect, including the liability of the Carrier, and can be loaded onto the deck without specifically notifying the consignor of it.
10. Persons for which the Carrier is responsible
The provisions made here are for the benefit of the officers, crew, agents and stevedores of the vessel, or any other persons for which the Carrier is responsible.
11. General average
A general average is shared in accordance with the York/Antwerp regulations and the general average adjustment is made by the average adjuster appointed by the Carrier.
12. Consignee’s responsibility to inform of damage
If the Goods have been transferred out of the terminal area of the destination port without the consignee having informed the Carrier in written form of any loss or damage which he has noticed, or should have noticed, and of the general extent of the loss or damage, the Goods will be considered to have been handed over in an undamaged condition. If the loss or damage could not have been noticed in connection with the handing over of the Goods, the above will still apply, if such information is not given within three (3) days.
13. Applicable law and jurisdiction
Disputes arising under or in relation to the contract of carriage shall be determined at the option of plaintiff by the competent court and subject to the provisions of these conditions of carriage. The competent courts are:
· the principal place of business or, in the absence thereof, the habitual residence of the defendant;
· the place where the contract of carriage was made, provided that the defendant has there a place of business, branch or agency through which the contract of carriage was made;
· the place where the Goods were taken in charge by the Carrier
· the place designated for delivery in accordance with the contract of carriage;
· the place where the Goods were actually delivered.
The contract of carriage is governed by the law of the place where the competent court is domiciled.