The carrier's liability for passengers and luggage. The conditions of carriage are in accordance with the Maritime Act of June 24, 1994, No. 39, Chapter 15.
1. Liability for passengers and luggage
The carrier is obliged to compensate for losses caused by the death or injury (personal injury) of a passenger during transport due to a maritime incident, including shipwreck, collision, stranding, explosion, fire or ship failure. The carrier's liability is limited to 250,000 SDR per passenger. If the maritime incident is due to fault or negligence on the part of the carrier or someone for whom the carrier is responsible, the liability is limited to 400,000 SDR per passenger.
The carrier is liable to compensate for loss or damage caused by the death or injury of a passenger during carriage as a result of the fault or neglect of the carrier or anyone for whom the carrier is responsible, and which is not due to a maritime incident. Liability is limited to 400,000 SDR per passenger.
The carrier is liable to compensate for loss or damage to luggage during carriage if the loss or damage is caused by the fault or neglect of the carrier or someone for whom the carrier is responsible. The same applies to loss resulting from delay in the carriage of passengers, or the carriage or delivery of luggage.
The carrier is not liable for money, securities, and other valuables, such as gold, silver, jewels, jewelry, and works of art, unless they have been accepted by the carrier for safe custody.
2. Responsibility for vehicles
Passengers' vehicles, including any trailers or caravans, etc., are subject to the same rules as luggage, unless otherwise stated in these conditions of carriage. Vehicles with trailers or caravans, etc., are considered vehicles in accordance with the rules governing the carrier's liability and limitations of liability.
For vehicles that are mainly used for passenger transport and which in individual cases are used for freight transport, a consignment note shall be issued. In such cases, the carrier's liability shall be governed by the “Terms and Conditions of Domestic Freight Transport.”
3. Liability for mobility equipment
If the carrier, through fault or negligence, has caused loss or damage to mobility equipment or other special equipment used by a person with reduced functional ability or a person with reduced mobility, the carrier shall pay compensation corresponding to the replacement value of the equipment in question, or, if it is possible to repair the equipment, corresponding to the repair costs.
4. Safety regulations. Prohibition of dangerous cargo
Passengers shall not carry dangerous objects or substances without the carrier's knowledge. For some objects and substances, the carrier's permission is also required. Dangerous items and substances include, in particular, items that are flammable, corrosive, or explosive, such as
fireworks. If passengers are unsure about the rules that apply to the items or substances they are carrying, they should contact the carrier.
For vehicles and caravans equipped with gas systems, the main valve for the system must be closed and all appliances such as refrigerators, etc. must be switched off while the vehicle is on board.
5. Leakage from the transport of, and in addition freight of, fresh or live fish/seafood
For reasons of traffic safety, odor and hygiene, and in addition undesirable environmental impact, there must be no leakage from packaging or trucks/trailers transporting fresh or live fish/seafood and fish/seafood products. Such products shall be transported in closed containers/crates/packaging so that runoff from these does not occur.
6. Disclaimer
The carrier shall not be liable under the provisions of clause 1 in the following cases:
a) For personal injury and delay occurring before the passenger boards and after he has disembarked, unless it concerns sea transport between the ship and land that is included in the ticket price or carried out by means of transport provided by the carrier.
b) For hand luggage that is not in or on the vehicle at the time before the goods are brought on board and after they have been brought ashore,
unless it concerns sea transport as mentioned in (a) or for the time the carrier has custody of the goods while the passenger is on the quay or at a terminal or other facility in the port.
c) For live animals sent as luggage.
d) If it has been agreed or clearly foreseen that a specific part of the transport will be carried out by a named subcontractor, the carrier is not liable for loss caused by events occurring while the goods are in the custody of the subcontractor.
The carrier is not liable for loss or damage caused by the passenger at sea or by a third party.
The above also applies if the claim against the carrier is not based on the contract of carriage.
7. Limitation of the carrier's liability
Liability for personal injury shall not exceed 400,000 SDRs per passenger. Liability for delay in the carriage of passengers shall not exceed
4,694 SDRs. Liability for loss resulting from the loss, damage or delay of luggage shall not exceed:
a) 2,250 SDR per passenger for loss of hand luggage;
b) 6,750 SDR per passenger for loss of valuables received for safe custody;
c) 12,700 SDR per vehicle, including any trailers;
d) 3,375 SDR per passenger for loss of other luggage.
The amounts in the first, second and third paragraphs apply to each journey.
Higher limits of liability may be agreed in writing between the passenger and the carrier.
The rules concerning the carrier's defenses and the limits of the carrier's liability shall apply even if the claim is not based on the contract of carriage.
The rules shall also apply mutatis mutandis if the claim is brought against a person for whom the carrier is responsible and who proves that he acted in the course of his employment or in order to complete the assignment.
8. Passenger's own contribution
The carrier is entitled to make a deduction from the loss incurred of up to:
a) 330 SDR per vehicle in the event of damage to vehicles:
b) 149 SDR per passenger in the event of loss or damage to other luggage
c) 20 SDR per passenger in the event of loss resulting from delay.
9. Unloading of luggage
The carrier reserves the right to transport luggage under vehicles on deck.
10. Route changes and use of ships. Mutual right of cancellation
The carrier reserves the right to deviate from the route with regard to the specified stops or their order. Similarly, the carrier may fulfill the contract of carriage with another ship of the same standard as specified without affecting the ticket price.
If a suitable ship cannot be provided after an accident, the contract of carriage will be canceled with a full refund of the ticket price for the relevant journey.
If the passenger does not commence the journey or interrupts it, the carrier is entitled to the agreed remuneration unless the passenger is deceased or prevented from traveling due to illness or other reasonable cause and the carrier is notified without undue delay.
11. Limitation
The carrier's liability for personal injury or delay expires two years from the date the passenger left the ship. If death occurs after disembarkation, the time limit is two years from the date of death, but not more than three years from disembarkation.
Liability for luggage expires two years from the date on which the passenger left the ship or the luggage was brought ashore or delivered.
12. Applicable law and jurisdiction
The carriage is subject to Norwegian maritime law of June 24, 1994, No. 39.
Legal proceedings in connection with the carriage may only be brought before a court
a) in the place where the defendant has his domicile or principal place of business,
b) at the place of departure or destination in accordance with the contract of carriage,
c) in the state where the plaintiff is domiciled, if the defendant has a place of business in that state and can be sued there, or
d) in the state where the contract of carriage was concluded, if the defendant has a place of business in that state and can be sued there.
After a dispute has arisen, the parties may agree that it shall be dealt with by another court or by arbitration.
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