Destination Gotland – Conditions of Carriage 2013 effective from July 15, 2013. NOTE! This is a translation from the Swedish language. In case of discrepancies between the English and the Swedish versions the Swedish version shall apply.
In these Conditions of Carriage the following terms have the following meanings
- Passenger means a person intending to be carried, is or has been carried by the ship without being a crew member.
- Conditions of Carriage means the conditions specified by this document.
- Carrier means Destination Gotland AB.
- Luggage means any items, including vehicles, transported on behalf of a Passenger and not falling under the definition of Cargo.
- Hand Luggage means Luggage that a Passenger brings with him, keeps in his cabin or in a vehicle or otherwise is in his care during the carriage.
- Cargo means goods that occupy a ship's cargo space and is carried as part of a commercial activity, buses and similar vehicles used for commercial line- or charter traffic, for public transportation of passengers and not falling under the definition of Luggage or Hand Luggage.
- Specific Conditions means conditions, issued by the Carrier in addition to the Conditions of Carriage.
- SDR (Special Drawing Rights) means the special drawing rights provided by the International Monetary Fund.
2. Conditions of carriage, governing law and performing ships
2.1 The Conditions of Carriage and relevant parts of the Specific Conditions are applicable for transportation performed by the Carrier. In addition, the Swedish Maritime Act (SFS 1994:1009) and other relevant Swedish law is applicable.
2.2 Bookings are made for a specific departure and not for a specific ship. The Carrier shall be at liberty to perform the carriage with an ordinary liner ship or with any other suitable ship.
3. Liability rules
3.1 The Carrier is responsible, to the extent specified in the Swedish Maritime Act, for damage to goods, loss or delay incurred during the liability period provided the damage, loss or delay was caused by the fault or negligence of the Carrier or by any person or company for which the Carrier is responsible.
3.2 Published schedules are prepared for normal conditions. Deviations from the schedule may occur due to weather, wind or ice conditions or other circumstances beyond the Carrier's control. If the voyage due to circumstances beyond the Carrier's control ends in a port other than originally planned, the Carrier is nevertheless deemed to have fulfilled its contractual obligations.
3.3 When the Carrier provides pre- or on-carriage with modes of transport other than sea-transport the Carrier is responsible for pre- or on-carriage in accordance with the rules applicable for the other mode of transport.
3.4 The Carrier's financial responsibilities for damage, loss or delay are limited, in accordance with maritime law.
CARRIAGE OF PASSENGERS
4. Seat reservation and binding agreement
4.1 Seats for passengers and space for vehicles shall be booked in advance. Without advance bookings a seat or a specific space on board is not guaranteed. The Passenger may bring a reasonable amount of luggage.
4.2 A binding agreement is concluded between the Passenger and the Carrier by booking confirmation issued by the Carrier or its representative and payment of the fare within the prescribed period or, if no fare is charged, by boarding the ship.
4.3 Arrangements such as package tours, bus transportation, hotel accommodation, excursions and meals are included in the fare only when this is specifically agreed.
4.4 A ticket or booking confirmation must be presented when checking in at the departure terminal.
5. Public order and safety
Passengers shall comply with the instructions given by the ship's crew.
The captain and other ship's officers have the right to refuse carriage of a person who fails or has previously repeatedly failed to obey the public order and safety regulations on board, or by his conduct (intoxication, influence of drugs, threatening behaviour, etc.) is likely to disrupt order and safety on board.
6. Dangerous goods and animals
6.1 Dangerous goods
If the Passenger is aware that his Luggage may create danger or substantial inconvenience to any person or property, he shall notify the Carrier before the start of the voyage. The same shall apply if the Luggage requires special handling. Luggage of such nature as stated in this section shall, if possible, be marked to that effect before taken onboard.
The Carrier may refuse to let the Passenger bring such Luggage as may cause danger or substantial inconvenience to any person or property.
If such Luggage has been brought onboard without the Carrier's previous knowledge of its nature, the Carrier may land, destroy or render it harmless without any obligation to compensate the damage. The same applies if the Luggage, after being taken on board with the Carrier's knowledge of its nature, should turn out to involve such danger or substantial inconvenience to any person or property that it is not justifiable to keep it onboard.
If the Luggage has caused loss to the Carrier, damage to the ship or other costs, the Passenger is liable for compensation if the loss or damage is due to the fault or negligence of the Passenger or any party for whom he/she is responsible.
If animals will accompany the Passenger this shall be notified at the time of booking and at check-in. This also applies if the animal/s shall remain in Passenger's vehicles during the trip.
7. Periods of Liability
The Carrier disclaims all liability for the Passenger's injuries for the period prior to the Passenger boarding and after the Passenger has left the ship. The Company disclaims all liability for Luggage for the time before it is brought on board and after it is taken ashore.
The Carrier may from approved claims deduct the following amounts, which are the Passenger's deductibles – for every vehicle damaged 150 SDR, for any other damage to luggage SDR 20 and for damage caused by delay 20 SDR.
CARRIAGE OF GOODS
9. Liability Period
The Carrier's terminals are intended for short-term parking or transit before loading and after unloading. The Carrier controls the cargo and cargo carriers only at embarkation. Compensation for damage caused in the terminal area will only be paid if the claimant can prove that the damage was caused by the fault or negligence of the Carrier or of any party for whom the Carrier is responsible.
10. Dangerous goods, deck cargo
10.1 Dangerous goods are carried in accordance with ADR-S/Östersjöavtalet or the IMDG Code. Notification of dangerous goods shall be made 24 hours before the scheduled ship departure.
10.2 The Carrier is entitled to place Cargo on the open deck.
HANDLING OF CLAIMS AND DISPUTES
11. Notice of Claims
Any notices of claims or complaint shall without delay be given to any of the officers on board. Claims shall be presented to the Carrier within a reasonable time after damage or loss.
12. Time bar
The following claims shall cease, unless action is duly brought before a competent court, in respect of
1) compensation for personal injury or delay
- within two years from disembarking or
- if the Passenger has died during the transportation, within two years from the date the
disembarkation would have taken place or
- if the Passenger died after disembarkation, within two years of the death, but not later than three years from disembarking.
2) claim for Luggage which is damaged, lost or delayed in shipping
- within two years from the day the Luggage was brought ashore or
- if the Luggage is lost, within two years from the time the Luggage should have been brought ashore.
3) claim for Cargo which is damaged, lost or delayed in carriage or on account of incorrect or incomplete statements in a bill of lading
- within one year after the Cargo was delivered or should have been delivered.
Any disputes regarding the shipment shall be settled by the District Court appointed by the Swedish Government (Maritime Court).
14. Other Conditions
Additional information and instructions forming part of the contract of carriage can be supplied by the Carrier or copied from the Carrier's web-site www.destinationgotland.se.