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Terms and conditions

Terms and conditions

Terms and Conditions of Transport for Fjord1 AS.

The transport terms and conditions listed below are in compliance with the Norwegian Maritime Code of 24 June 1994, No. 39.

Transporter’s liability

1. Transporter’s liability for domestic cargo transport * 

*) For smaller cargo checked in directly on board the ferries, cf. goods transport regulations for small packages in section 7 ofAndre reglar for trafikk(Other Rules for Traffic) in the ferry schedules and in the National Ferry Fares.  

1.1 Period of liability and basis for liability - § 274
The transporter is liable for the cargo only when in possession of it in the loading port, during transport and in the port of discharge. 

The transporter shall no longer be considered in possession of the cargo in the following cases:
a) when the transporter has delivered the cargo to the recipient

b) if the recipient does not receive the cargo from the transporter, when it is billed to the recipient by agreement, law or practice of the port of discharge, or

c) when the transporter has handed the cargo over to the authorities or other third party according to laws and rules of the port of discharge.  

The transporter is not liable for losses incurred as a result of loss, damage or delay of goods if it proves that the losses are not due to error or negligence on the part of the transporter or anyone for whom the transporter is liable, or for losses that result from rescue operations or reasonable measures to save vessels or other property at sea.
 

1.2 Losses following nautical errors and fires - § 267

The transporter is not liable if the transporter proves that the losses result from:

a) errors or negligence in the navigation or operation of the vessel committed by its captain, crew, pilot, towboat or others doing work in service of the vessel, or

b) fires that are not due to errors or negligence by the transporter itself.

 

1.3 Deck cargo - § 263
Cargo may be transported on deck if the transport agreement allows it, if it follows commercial or other customary practice on the applicable route, or if it is required by or pursuant to law. 

1.4 Delineation of liability - § 280

The transporter’s liability shall not exceed 667 SDR for each item or other unit of the cargo or 2 SDR for each kilogram of the gross weight of the cargo that is lost, damaged or delayed. Whichever of these liability limitations gives the greatest liability shall be used. For agreements concerning domestic transport in Norwegian waters, the transporter’s liability is limited to 17 SDR for each kilogram of the gross weight of the cargo that is lost or damaged. The liability for delays shall not exceed the total shipping charge according to the transport agreement.

The rules concerning the transporter’s objections and the limits of the transporter’s liability apply even if the claim against the transporter is not founded on the transport agreement.  

The rules also apply in the same way if the claim is directed towards someone for whom the transporter is liable, and this party proves its actions were done in the fulfilment of its service or assignment. 

1.5 Transporter’s liability for subcontractor - § 285
If it is explicitly agreed that a certain portion of the transport shall be carried out by a designated subcontractor, the transporter is not liable for losses that occur while the cargo is in the care of the subcontractor.
  
1.6 Claims - § 288
If the cargo is delivered without the recipient having given the transporter written notice of loss or damage which the recipient had discovered or should have discovered, along with the type of loss or damage, all the goods will be considered delivered in the condition described in the transport document unless otherwise proven. If the loss or damage was not visible when the cargo was delivered, the same applies if no written notice is given within three days of delivery. 

The transporter is not liable for losses resulting from delayed delivery unless written notice is given within 60 days of when the cargo was delivered to the recipient.
  
1.7 Choice of law and legal venue
The transport is subject to the Norwegian Maritime Code of 24 June 1994, No. 39.

2. Transporter’s liability for passengers, vehicles and luggage 

2.1 Liability for passengers and luggage
The transporter is liable for compensating losses incurred due to passenger death or injury (personal injury) or due to loss or damage of luggage due to incidents during transport, and which are due to errors or negligence by the transporter itself or someone for whom the transporter is liable. The same applies for losses resulting from delays in the transport of passengers or the transport or delivery of luggage.

Concerning money, securities and other valuables such as gold, silver, gems, jewellery and works of art, the transporter is not liable unless the valuables have been received by the transporter for safekeeping.

The claimant must present evidence showing the extent of the loss and proving that it resulted from an incident that occurred during transport.

For losses resulting from personal injury or the loss of hand luggage, the claimant must likewise present evidence of error or negligence for which the transporter is liable.
  
2.2 Liability for vehicles
For vehicles which passengers are travelling with, the same rules apply as for luggage, unless otherwise indicated in these transport terms and conditions. The same applies to any trailer, caravan etc. which follows the vehicle. In these cases, the vehicle and trailer are considered a single vehicle in terms of the transporter’s liability.

2.3 Safety regulations: Prohibition of dangerous cargo
For safety reason the passenger must not bring dangerous items or substances without the knowledge or permission of the transporter. These include, but are not limited to, explosives, flammable or corrosive substances, including fireworks.

On vehicles and caravans with gas systems, the main valve of the system must be shut off and all appliances such as refrigerators etc. must be switched off while the vehicle is on board.

2.4 Instances in which the transporter has no liability
The transporter is not liable according to the rules in section 2.1 in the following cases:

a) For personal injury occurring before the passenger boards or after he/she has disembarked, except for transport on the waters between the vessel and land which is included in the ticket price or which has been carried out with a means of transport provided by the transporter.

b) For hand luggage which is not in or on the vehicle brought by the passenger before the luggage is brought on board or after it is brought on land, except for ship transport as mentioned under a) or for the duration that the transporter handles the cargo while the passenger is on the quay or in the terminal or other facility in the harbour.

c) For live animals sent as luggage. 

d) Where it is agreed or clearly anticipated that a certain portion of the transport shall be carried out by a designated subcontractor, the transporter is not liable for losses incurred as a result of an incident that occurs while the cargo is in the possession of the subcontractor.

The above rules also apply if the claim against the transporter is not founded on the transport agreement.
  
2.5 Limitation of transporter’s liability
Liability for personal injury shall not exceed 175,000 SDR for each passenger. Liability for delays in passenger transport shall not exceed 4,150 SDR.

Liability for losses resulting from lost, damaged or delayed luggage shall not exceed:
a) 1,800 SDR per passenger for losses related to hand luggage;

b) 6,750 SDR per passenger for losses related to valuables that have been received for safekeeping;

c) 10,000 SDR per vehicle including any trailer;

d) 2,700 SDR per passenger for losses related to other luggage.

The amounts in the first and second points above apply for each journey. A higher liability limit may be set by a written agreement between the passenger and transporter.

The rules concerning objections on the part of the transporter and the limits for transporter liability apply even if the claim is not founded on the transport agreement. The rules also apply in the same way if the claim is directed towards a party for whom the transporter is liable and this party proves its actions were done in the fulfilment of its service or assignment.
 
2.6 The passenger’s deductible
For the incurred loss, the transporter has the right to deduct up to:

a) 150 SDR per vehicle for damage to vehicles;

b) 20 SDR per passenger for loss or damage to other luggage;

c) 20 SDR per passenger in cases of loss due to delays.
  
2.7 Luggage loading on deck
The transporter has the right to transport luggage, including vehicles, on deck.
  
2.8 Schedule changes and use of vessels: Mutual right of cancellation
The transporter has the right to deviate from the set route with regard to scheduled intermediate stops or their order. In the same way, the transporter can fulfil its transport agreement with another vessel of the same standard without affecting the ticket price. If an adequate vessel cannot be provided after loss of ship, the transport agreement will be cancelled and the ticket price fully refunded for the relevant travel distance.

If the passenger does not enter upon the journey or discontinues it, the transporter is entitled to the agreed payment, unless the passenger has died or is prevented by illness or some other valid reason and the transporter is informed of this without undue delay.
  
2.9 Expiry of limitation period
The transporter’s liability for personal injury or delay will expire two years from the day that the passenger leaves the vessel. If death has occurred after disembarking the vessel, the expiration date is two years after the date of death, but no more than three years after disembarking the vessel.

Liability for luggage will expire two years from the day that the passenger leaves the vessel or the luggage is brought to land or delivered. 
  
2.10 Choice of law and legal venue
The transport is subjected to the Norwegian Maritime Code of 24 June 1994, No. 39. Civil actions concerning the transport can only be initiated in a court of law:

a) in the place where the defendant resides or has its business headquarters,

b) in the place of departure or destination according to the transport agreement,

c) in the state where the plaintiff resides, if the defendant has business in this state and can be sued there, or

d) in the state where the transport agreement was entered, if the defendant has business in this state and can be sued there.

After a dispute has arisen, the parties can agree that the dispute shall be handled by another court or by arbitration.

§ 505. Definition of SDR

SDR in this law refers to thespecial drawing rightdefined by the International Monetary Fund. This shall be converted to Norwegian currency based on the Norwegian krone’s value in SDR on the day that payment occurs or the limitation fund is established according to chapter 9 or 10 of the Maritime Code. As of the beginning of March 2012, SDR 1= NOK 8.643.

For updated currency conversions, see: http://www.imf.org/external/np/fin/data/param_rms_mth.aspx

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