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Terms of Carriage

Terms of Carriage

§1 General provisions
– hereunder validity and liability

When purchasing tickets for travel with the Shipping Line (hereinafter referred to as “the Company”), these conditions are applicable to passengers, cars, cargo vehicles, luggage and cargo on the Company’s ferries or on ferries chartered by the Company, regardless of whether or not documents have been issued for the agreement.

The carriage is subject to the general provisions of Danish legislation concerning carriage of passengers at sea, including Chapters 15 and 15a of the Danish Merchant Shipping Act, and in executive order no. 1177/2010 of 23 April 2010 concerning passage rights during sea voyages and executive order no. 392/2009 of 23 April 2009 concerning passage rights in the accidents during sea voyages (the Athens convention).

The Company’s liability is limited with regard to any loss, deficiency and damages to persons, items or cargo, in accordance with the provisions of the Danish Merchant Shipping Act Chapter 15  and executive order no. 392/2009 of 23 April 2009 concerning passage rights in the event of accidents during sea voyages (the Athens convention) (see these carriage regulations’ § 5 concerning cargo and §9 on compensation for damages to persons and luggage).

Travellers are required to comply with the instructions of the Captain and crew.

Use of naked flames is prohibited indoors and on the car deck. Smoking is only permitted in the areas provided for this purpose. Smoking is not permitted on certain crossings. The use of electronic cigarettes is considered the same as smoking traditional cigarettes. Therefore, the same smoking rules apply for electronic cigarettes as for traditional cigarettes.

It is prohibited to remain on the car deck on certain crossings

The Company may exclude persons from transport, regardless of whether they have a valid ticket, should they pose a safety hazard, a nuisance to other passengers, Company personnel or otherwise fail to follow the instructions given as notices or other similar information concerning the use of the ferry.

Intoxicated or persons under other influence may be denied transportation, even if they are in possession of a valid ticket.

The Company may exclude vehicles that are leaking oil, gasoline or other fluids.

It is not permitted to leave oil-fired boilers, diesel engines etc. running on the car deck during the voyage.

If emergency ambulance or police transportation is required on sold-out crossings, the last booked vehicles to arrive will be put on hold.

In certain cases where space restrictions require it, boarding of the individual ferry may be denied by the Company.

Damage to the Company’s furniture and the belongings of others will result in liability for compensation.

Passenger areas are under video surveillance. Any form of theft is reported to the Police.

Your own food and drinks may only be enjoyed in assigned areas.

Travellers may not, without the Company’s permission, offer goods for sale, distribute printed materials, arrange collections etc. on board or ashore in the Company area.

The Company may make running changes to departures, ferry berths, etc. It is expected that passengers keep themselves up to date of any changes to the sailing schedule.

The Company is entitled to introduce the ID check and refuse travellers without a valid photo ID

§2 Luggage

The individual traveller may bring personal luggage in suitcases, bags or the like with them at no separate charge.

Luggage that the individual traveller is able to carry on their own may be taken on board the Company’s ferries, up to a maximum of 50 kg The Company’s liability for lost or damaged luggage shall be limited in accordance with the Merchant Shipping Act.

During the transfer, luggage, including hand luggage and other goods, may not be brought that may cause danger or significant inconvenience to the ship, life or other freight, including none of the substances and items which are not permitted  the transfer of which is forbidden by the IMDG Code.

§ 3 Transport of invalids / disabled persons
– Including disability assistance

The Company will accommodate any needs that a vehicle transporting an invalid may have in relation to parking close to the elevator, to the extent that this is possible.

On those crossings where disabled assistance is offered, the assistance covers accompanying the disabled person to and from tables, and is provided by the ferry’s personnel or another provider.

On some of the Company’s ferries, it is possible to have cars for disabled drivers driven on board so that the disabled motorist can board the ferry via the gangway.

Disability Assistance does not include lifting the disabled from a wheelchair to a seat nor assistance with personal care / personal hygiene during the crossing.

The Company can require that the invalid/disabled person is accompanied during the crossing. Such a companion/attendant is able to travel free of charge.

Disability Assistance must be booked in the period Monday to Friday between 08:00 to 21:00, at least 48 hours before departure. If these time limits cannot be complied with, no guarantee can be provided that special needs assistance can be provided to help the person embark, disembark and sail with the vessel, although the shipping company will take all reasonable measures to ensure that this can take place.

Færgen is only able to offer disabled assistance to individual customers, not to groups.

§ 4 Pets

Dogs must be kept on a short leash. Other animals must be kept in a cage or crate and must not be a nuisance to other passengers. It is permitted for dogs and other animals to remain in the car during the crossing, but access to the car deck during the crossing is only permitted on certain of the Company’s ferries (for animal transports see also § 5.2).

There are special areas on the Company’s ferries for passengers with dogs and other pets. When booking a cabin, dogs and other pets may be brought into designated cabins with the exception of allergy cabins, provided the use of the entire cabin has been acquired, i.e. all berths have been paid for.

The Company assumes no liability for shipments of live animals.

§ 5 Cargo

§ 5.1 Normal transportation of goods

All trucks / goods vehicles with a gross vehicle weight exceeding 3.500 kg or over 6m in length are designated as trucks.

Embarkation, driving on board and disembarkation are in co-operation with the staff and particular care is to be exercised by the driver.

The vehicle must have lashing mountings for securing to the ship. The cargo on the vehicle shall be adequately secured and protected to withstand the effects that may occur when being transported by sea. Carriers / drivers are responsible for ensuring that the load is securely lashed and secured to their own vehicles.

The Company is under no obligation to investigate trailers, containers or other transport devices with regard to how cargo is packed, stowed, lashed, etc. However, if the Company ascertains that cargo is not packed correctly, the Company may refuse to transfer the cargo.

The Company is not liable for compensation for damage to cargo or vehicle when damage is due to defective lashing, stowage or other circumstances which the carrier is responsible for ensuring and that the Company is under no special obligation to inspect.

The Chief Officer has the final say on cargo security / lashings and whether cargo must be rejected if necessary.

The Company assumes no responsibility for any damage to goods vehicles and cargo that are left on the approach and harbour areas, in accordance with applicable legal practice.

When cargo is transported, the Company’s responsibility is primarily limited in accordance with the rules adopted by the North Sea Operators Claims Conference (“NSOCC”) in the North Sea Standard Conditions of Carriage, including Green Card, secondarily, in accordance with the Merchant Shipping Act.

All services performed by the Company or by a subcontractor designated by the Company as stevedores are subject to Nordic association of freight forwarders’ General Conditions (“NSAB 2015”).

Damage to cargo or freight shall be notified immediately upon receipt at the port of entry before it leaves the area. If this is not observed, the warranty will be void.

Specific regulations on cargo for the Company’s crossings are available in supplements in the left menu.

§ 5.2 Storage of cargo

Cargo stored on the approach areas to one of the Company’s ferry berths is left at the customer’s own risk and account. The Company shall not be considered to have received the goods until vehicle embarkation or loading of goods is initiated by the Company’s personnel or by the subcontractor personnel selected by the Company.

If the customer fails to collect the cargo promptly after the Company or of any of the subcontractors selected by the Company has brought it ashore, the cargo will be stored at the customer’s own risk and expense, cf §274 paragraph 3 no.2 of the Merchant Shipping Act, as the cargo is stored in areas with only minimal surveillance and safeguards. The customer is therefore encouraged to secure the cargo in the best possible way.

§5.3 Transportation of live animals

When transporting live animals, the driver must inform of this no later than when driving on board (see also §9 re. compensation for damages to persons and luggage).

Permission to inspect animal transports may be granted if a request is made at the information desk.

The Company assumes no liability for shipments of live animals.

§5.4 Hazardous goods

Hazardous cargo is transported in accordance with the terms of the IMDG Code.

Those sending cargo are required to provide the Company with advance written notice of the presence of hazardous cargo at least 24 hours before transport is to take place. If such information is not provided, the sender is considered to have provided the Company with a guarantee that the cargo surrendered for transport does not include goods that present a hazard.

When transferring vehicles that are carrying dangerous goods, required documents must be present before transfer. Labelling and packaging must be executed in accordance with applicable regulations. The Company reserves the right to verify that the load corresponds to the notification and has the right to reject or postpone the transfer of hazardous cargo.

§ 5.5 Checkweighing

The Company is entitled to checkweigh trailers for verification that the weight of the trailer is as declared in the booking. If the check weighing shows that the trailer exceeds the stated weight, the Company will issue a the customer with a bill for DKK1,000, – to cover the cost of check weighing, extra handling and administration.

The Chief Officer is entitled to reject a trailer if check weighing shows that it exceeds the stated weight at time of booking.

§ 5.6 Prohibition of offsetting

The Customer is at no time entitled to offset claims for compensation or other claims against the Company in the ticket price or the Company’s related receivables.

§6 Tickets

§6.1 Sale and booking of tickets

Ticket and card give access only to specific itineraries by prior booking. Personally issued cards, tickets or bizzes may not be transferred to another person.

On the routes where it is so required by maritime authorities, the passenger must provide full name, age and gender. Information must be provided when booking the ticket.

Travel on tickets or clip cards may not be interrupted. An exception is made, however, for connection tickets using DSB for travel interruptions in the Capital Region of Denmark.

The passenger is responsible for checking in, in accordance with the applicable passenger arrival times.

The reservation will lapse if passenger arrival time is not observed.

Specific rules regarding individual ticket types for the Company’s crossings, including last order date are provided in the supplementary material in the left menu.

§6.2 Ticket payment

Payment can be made by cash, Dankort or the most commonplace credit cards. There my be a transaction fee when using certain credit cards. In such instances, this will be apparent before the payment is approved by the passenger.

By way of currency, the Company accepts Danish Kroner, Swedish Kroner and Euros. Foreign currency will only be accepted as notes. Change will be given in Danish kroner.

Upon receipt of the ticket or card, the passenger is to check that what they have received is as ordered. The Company can accept no responsibility for errors if the order was made so close to departure that it would be impossible in practice for the Company to issue confirmation before arrival for departure.

The Company reserves the right to charge a fee when making bookings and for counter ticket sales.

Specific rules regarding individual ticket types for the Company’s crossings, including last order date are provided in the supplementary material in the left menu.

§6.3 Refunds

Specific rules regarding reimbursement and possible service charges for cancellations and for what are to be considered timely cancellation times for the various types of tickets can be found in the supplementary material in the left menu.

No ticket can be refunded later than 3 months after the departure date.

Tickets issued by one of the Company’s partners may be subject to special reimbursement rules. The Company reimburses only tickets for which payment was made to the Company.

§6.4 Group Travel

For crossings on which discounts are offered to travellers in groups, please refer to the separate rules contained in the supplementary material in the left menu ..

For carriage of buses, the Company’s liability is limited in accordance with the Merchant Shipping Act.

§7 Ticket control

§ 7.1 Valid travel documents

At the start of the journey, the passenger must be in possession of a valid ticket, to be retained for the entire duration of the voyage. The passenger may be required to submit this upon demand.

To be valid for the current trip, clip cards must be stamped before commencing the actual voyage. The passenger must check that the  ticket or card is stamped correctly.

Personally issued tickets, cards or bizzes will be revoked without compensation if misused.

§7.2 Inspection fee

A passenger who is not in possession of a valid ticket or card must, in addition to payment for a ticket, pay the currently publicized inspection fee and should, upon demand by staff, state his/her full name, address, date and year of birth. In addition, the passenger must also provide identification in the form of driver’s license or other legal document.

If the passenger does not immediately pay for the valid travel document and inspection fee, an invoice will be issued for the total amount and the passenger must acknowledge receipt with name, address, date of birth and signature of the above documents.

If a passenger fails to try to buy a ticket, avoids inspection, attempts to use ticket or card that is invalid or refuses to purchase or display ticket or card, the valid ticket is to be paid for in addition to the currently publicized inspection fee.

§ 7.3 Reminders procedure for inspection fees

The following collection procedures and fees apply to inspection fees.

  • If an instalment agreement is made, the Company may charge a fee per. instalment.
  • If it is necessary to send payment reminders, the Company may charge a handling fee per letter
  • If payment is not made after the first reminder, the claim will be handed over for recovery of debt collection. In connection with the debt sent to collections, a collections fee will be charged, while the debt collection Company will have costs associated with recovering the debt. Debt collection fees and expenses will be added to the debt.

§8 Cancellations/Delays

The Company assumes no responsibility for any loss or damage resulting from lack of space on the ships, disruptions to operations, including shutdowns, due to irregularities, including Force Majeure, technical reasons, water and weather conditions, and reserves the right to make changes to schedules and fares without notice. Another ship than the one advertised may be inserted on the route at any time. The Company is not responsible for losses incurred due to missed traffic connections or necessary changes in travel plans.

If the delay or cancellation is covered by the Company’s Travel Guarantee, reimbursement is according to terms of the Company’s Travel Guarantee. If a passenger decides to cancel a trip due to a longer delay or cancellation, or because of a missed connection, the passenger can recover the cost of the ticket for the part of the journey with the Company, which is not completed due to the delay. Refunds will be paid in this case on all types of tickets within 7 days and the service is free of charge.

The Company’s liability for delay or cancellation can never exceed the ticket price.

§9 Compensation for damages to persons, vehicles and luggage

When transporting passengers, the Company is exempt from liability for the time before passenger boarding, and after the passenger has come ashore.

The Company is not responsible for loss or damage to money, securities and other valuables such as silver, gold, watches, jewellery and works of art.

Embarkation and disembarkation of vehicles is at your own risk and without liability to the Company. It is the passenger’s responsibility to keep their vehicles properly braked during transportation by putting the vehicle in gear and by using the handbrake.

Damage to vehicles which is due to them being lowered, rebuilt or heavily loaded, is not a matter in which the Company can be involved.
Special equipment, including travel luggage placed outside or on top of a vehicle which is damaged while it is in motion, will not be replaced regardless of the allocations of responsibility in general.

It is the passenger’s responsibility to tether the motorcycle, moped, scooter or similar in accordance with signage and the crew’s instructions and it is always up to  the passenger to ensure that the vehicle is sufficiently stable and secured to withstand normal expected seas during the crossing.

In addition, the liability of the shipping company to our passengers is subject to a deductible of SDR 149 per passenger in case of lost or damaged luggage and SDR 330 in case of damage to passenger vehicles. These amounts must be deducted from the loss or damage.

§10 Lost property

Queries concerning property left on board the ferry are to be referred to the Police. The Company will deliver forgotten property to the Police as soon as possible. Forgotten property that is perishable will be destroyed immediately.

§11 Complaints

Notification of damage to personal property, vehicles, luggage or cargo shall be immediately directed to one of the ferry’s crew members before departing from the ferry.

Complaints about conditions on the crossing that are not resolved by contacting Company personnel on board or in one of the Company’s terminals can be submitted via the Company’s contact system on the Internet.

The appeal must be received by the Company within 2 months of the incident that gave cause for complaint. The complaint must be accompanied by ticket or booking number.

§ 12 Choice of Law

These carriage regulations and any disputes that may arise from a contract for carriage in accordance with the current carriage regulations are subject to and shall be considered in accordance with Danish law.

§ 13 Entry into force and notification

The venue for all disputes arising out of a contract for transportation, pursuant to these standard conditions for travel is the Maritime and Commercial Court in Copenhagen with the usual appeal, as this agreement does not prejudice the possibility of legal action against the Company at the Copenhagen City Court.

Conditions for carriage came into force on 1 May 2005, as amended.

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