Ferry carriage conditions

1. APPLICABLE TERMS AND GOVERNING LAW Applicable Swedish law includes EU Regulation 392/2009 with annexes (the Athens Regulation), which forms the basis for the carriage conditions. In addition, Swedish maritime legislation and Swedish consumer law apply as complementary law, as well as any terms or directives presented by the carrier to passengers no later than at passenger check-in or acceptance of baggage. For more in-depth treatment of particular matters, review of parts of additional regulatory frameworks may be necessary. Guidance on statutes is provided in clause 11 In the event of conflicts between these carriage conditions and mandatory convention rules and legislation, the conventions and legislation shall prevail The carriage conditions also apply to the carrier’s agents and hired subcontractors where such have been engaged Package travel: Any package travel agreements are regulated individually and in accordance with the Package Travel Act (SFS 2018:1217) Carriage of cargo: Carriage of cargo means carriage in commercial operations of goods other than passenger baggage and of vehicles in commercial scheduled or charter traffic for collective transport of passengers. Terms for carriage of cargo are not governed by these carriage conditions Supervision: The national supervisory authorities for the EU rules concerning passenger transport by sea are the Swedish Consumer Agency (Konsumentverket) and the Swedish Transport Agency (Transportstyrelsen) 2. TERMS, WORDS AND EXPRESSIONS The carriage conditions include the following defined words and expressions Carrier: The party that has entered into a contract of carriage, or on whose behalf a contract of carriage has been entered into, whether or not the carriage is performed by that party itself or by an operating carrier. For passengers who book travel with Destination Gotland AB, Destination Gotland AB is responsible as the carrier and jointly and severally liable together with any operating carrier if such has been engaged Passenger: The person carried by ship under a contract of carriage or who, with the carrier’s consent, accompanies a vehicle or a live animal that is covered by a separate contract for carriage of goods Baggage: Any item or vehicle carried by the carrier on behalf of passengers, with the exception of live animals and items and vehicles carried under charterparty, bill of lading or other document that primarily concerns the carriage of goods Hand baggage: Baggage that the passenger carries with them, has in their cabin, or otherwise has in their care during the voyage, including in or on their vehicle SDR: SDR refers, in accordance with the Maritime Code (Chapter 22, Section 3), to the Special Drawing Rights used by the International Monetary Fund Maritime accident: Sinking, collision, stranding, explosion, fire or as a consequence of defects in the ship 3. BOOKING CONTRACT Bookings for an upcoming voyage apply to a particular departure but not to a particular vessel. The carrier has the right to perform the transport with its own ship or with another suitable ship. If the transport contract is for a specified person, that person may not transfer their right under the contract to anyone else. Once the voyage has begun, transfer may not take place even if the contract is not for a specified person - Space for passengers and vehicles must be booked in advance. Without advance reservation, space or a specific place on board cannot be guaranteed - A binding contract is entered into between the passenger and the carrier through a booking confirmation issued by the carrier or its agent provided that payment of the fare is made within the prescribed time or, if no payment is required, by boarding the ship or checking in at the departure terminal - Passengers may carry baggage to a reasonable extent - If animals are to accompany passengers, this must be declared at booking and at check-in. This also applies if the animal is to remain in the passenger’s vehicle during the voyage - The ticket or booking confirmation must be shown at check-in in the departure terminal Further information is provided at booking or on request 4. PERIOD OF LIABILITY The carrier’s terminals are intended for short-term parking/waiting prior to boarding/embarkation at the departure terminal and for exit/egress from the arrival terminal. The carrier’s period of liability for passengers and baggage includes the time during which passengers and baggage are on board or are checked in at the carrier’s terminal or otherwise have been taken into the carrier’s custody 5. OBLIGATIONS OF THE CARRIER The carrier must ensure that the ship is seaworthy, which includes that the ship is adequately manned, provisioned and equipped so that passengers and baggage can be transported promptly and safely to the destination. The carrier must also otherwise safeguard passengers’ best interests. The carrier has insurance covering the carrier’s liability to passengers and others Rights for passengers with disabilities or reduced mobility are addressed separately (see clause 11) 6. LIABILITY OF THE CARRIER 6.1 MAIN RULES The carrier is, pursuant to the Athens Regulation and the Swedish Maritime Code, with certain exceptions liable for damage suffered by passengers as a result of an occurrence during the period of liability or as a result of delay. The conditions for the carrier’s liability and the allocation of the burden of proof differ depending on the cause of damage and the nature of the damage. Important main rules are as follows 6.1.1 The carrier is liable for damage resulting from death or personal injury to a passenger caused by a maritime accident (see definition in clause 2), to the extent that the damage for that passenger in the same occurrence does not exceed 250,000 SDR, unless the carrier proves that the accident a) was caused by acts of war, hostilities, civil war, insurrection or by a natural phenomenon of an extraordinary character that could not have been avoided and the consequences of which could not have been prevented, or b) was entirely caused by a third party by an act or omission intended to cause damage The carrier is also liable to the extent the damage exceeds the monetary limit stated above, unless the carrier proves that the event which caused the damage did not arise from fault or neglect on the part of the carrier 6.1.2 The carrier is liable for damage resulting from death or personal injury to a passenger caused by any other occurrence than a maritime accident, if the occurrence that caused the damage was due to fault or neglect of the carrier. The burden of proof for fault or neglect lies with the claimant 6.1.3 The carrier is liable for damage resulting from loss of or damage to hand baggage if the occurrence that caused the damage was due to fault or neglect of the carrier. Fault or neglect of the carrier shall be presumed to exist if the damage was caused by a maritime accident 6.1.4 The carrier is liable for damage resulting from loss of or damage to other baggage than hand baggage, unless the carrier proves that the occurrence which caused the damage occurred without fault or neglect on the part of the carrier 6.2 LIMITATION OR EXCLUSION OF LIABILITY The carrier’s liability for damage to passengers during the period of liability may under certain circumstances, in addition to what is stated in the preceding clause 6.1, be reduced or entirely excluded 6.2.1 PASSENGER’S FAULT OR CONTRIBUTORY FAULT The carrier’s liability is wholly or partly excluded if the carrier shows that the damage wholly or partly arose from the injured passenger’s own fault or contributory fault 6.2.2 LIMITATIONS OF LIABILITY The following maximum amounts apply to the carrier’s liability for damages - Personal injury: 400,000 SDR for each passenger - Delay of passengers: 4,150 SDR for each passenger - Hand baggage: 2,250 SDR for each passenger - Valuables that the carrier has accepted for safe custody: 6,750 SDR for each passenger - Vehicles: 12,700 SDR for each vehicle - Other baggage: 3,375 SDR for each passenger The limitation amounts apply per journey. They do not cover interest and legal costs, which may be reimbursed even if doing so causes the limitation amount to be exceeded. In cases of gross negligence, the carrier may lose its right to limit liability 6.2.3 DEDUCTIBLES The carrier has the right to deduct from the proven amount of damage the following amounts, which constitute the passenger’s deductible — for each vehicle damaged 150 SDR, for each other baggage damage 20 SDR, and for damage due to delay 20 SDR 6.2.4 GLOBAL LIMITATION In the event of very extensive casualties, the carrier’s liability may be reduced by the global limitation rules of the Maritime Code 6.2.5 PARTICULARLY REGARDING VALUABLES The carrier is obliged to compensate money, securities, works of art or other valuables only if the carrier has taken receipt of the property for safe custody, and then with liability limited as set out in clause 6.2.2 above 6.2.6 PARTICULARLY REGARDING LIVE ANIMALS The carrier is not liable for loss of or damage to live animals that is due to the particular risks associated with transport. If, after damage, the carrier shows that the persons for whom the carrier is responsible have followed special instructions, if such have been given regarding the animals, and that the loss or damage may be attributable to such risks as stated in the first paragraph, the carrier is not liable for the loss or damage unless the passenger shows that the loss or damage was wholly or partly caused by fault or neglect of the carrier or someone for whom the carrier is responsible 6.2.7 PARTICULARLY REGARDING DELAYS If the ship’s departure from the place where the journey is to begin is substantially delayed, the passenger has the right to rescind the contract. Regarding the carrier’s obligation to pay compensation to the passenger for delay, reference is made to the “EU summary of the provisions on passengers’ rights in sea and inland waterway transport” (link given in clause 11 below) 7. COMPLAINTS, LIMITATION PERIODS 7.1 COMPLAINTS The passenger shall notify the carrier in writing a) in the case of apparent damage to baggage i) in the case of hand baggage, before or at the time of the passenger’s disembarkation, ii) in the case of any other baggage, before or at the time of its delivery; b) in the case of non-apparent damage to baggage, or in the case of loss of baggage, within fifteen days from the date of disembarkation or delivery of the baggage or from the time when such delivery should have taken place If the passenger does not observe the provisions of this clause, they shall be presumed to have received the baggage in undamaged condition, unless proven otherwise Written notice is not required if, at the time of receipt, the condition of the baggage was the subject of a joint survey or inspection 7.2 LIMITATION Claims for damages must be presented to the carrier within a reasonable time after the damage or loss has occurred Passengers’ claims for compensation for personal injury or delay are time-barred unless legal action is brought before a competent court - within two years from disembarkation, or - if the passenger died during the transport, within two years from the date on which disembarkation would have taken place, or - if the passenger died after disembarkation, within two years from the death but not later than three years from disembarkation - and for claims for compensation arising from baggage being damaged, lost or delayed during sea transport within two years from the date of disembarkation or from the date disembarkation should have taken place if that date is later 8. PASSENGER OBLIGATIONS, RULES OF CONDUCT The passenger must comply with regulations and instructions regarding order and safety during the journey. The provisions in the Seamen Act (SFS 1973:282) §§ 24, 53 and 54 concerning investigation in connection with offences on board and coercive measures against a crew member are also applicable in respect of passengers If baggage may pose a danger or a non-negligible inconvenience to persons or property, or if the goods are fragile or require special care, passengers must inform the carrier of this before the start of the voyage. Baggage of such nature should, if possible, be marked before being taken on board. Passengers must inform the carrier at check-in about any animals being carried The carrier has the right to refuse passengers permission to carry baggage that may pose a danger or a non-negligible inconvenience to persons or property. If dangerous or nuisance-causing baggage has been taken on board without the carrier knowing its nature, the carrier may take reasonable measures such as landing, neutralizing or destroying it without obligation to compensate for damage. The same applies if baggage, after being taken on board with the carrier’s knowledge of its nature, proves to pose a danger or inconvenience to persons or property 9. PASSENGER LIABILITY Passengers who do not comply with applicable rules of conduct, or who through negligence cause damage to the ship or other property belonging to the carrier, or cause the carrier to incur liability for damages, are liable for the costs thereby incurred by the carrier 10. DISPUTES Disputes concerning passenger sea transport under the carriage conditions that are not resolved directly between the parties may be decided by a court with jurisdiction to handle the particular dispute. The geographic operation and traffic area of the vessels mean that the maritime courts at the District Courts of Stockholm or Kalmar have jurisdiction for most disputes that may arise between passengers and Destination Gotland AB Another alternative, which requires agreement between the passenger and the carrier, is to use the EU’s online platform (ODR – online dispute resolution) for dispute resolution. See the link given under clause 11 below 11. EU REGULATIONS, SWEDISH LAWS AND LINKS Agreed booking terms in addition to these - Information for passengers with disabilities or reduced mobility - EU Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents with ANNEX 1 / the Athens Regulation: https://eur-lex.europa.eu/legal-content/SV/TXT/PDF/?uri=CELEX:32009R0392 - EU Regulation (EU) No 1177/2010 on the rights of passengers when travelling by sea and inland waterway: https://open.karnovgroup.se/konsument-och-halsoskyddslagstiftning/CELEX32010R1177 - For a summary of the provisions on passengers’ rights when travelling by sea and inland waterways, see: https://docplayer.se/7321574-Sammanfattning-av-bestammelserna-om-passagerares-rattigheter-vid-resor-till-sjoss-och-pa-inre-vattenvagar-1.html. If a delayed departure results in your having to stay overnight one or more nights or remain longer than planned, we will, if physically possible, offer you suitable accommodation free of charge either on board or on land and transport between the port terminal and the accommodation. The total cost we reimburse for such accommodation on land, excluding transport between the port terminal and the accommodation, is limited to 80 EUR or the equivalent amount in SEK per person and night for up to 3 nights - Link to ODR – online dispute resolution: https://ec.europa.eu/consumers/odr Swedish legislation can be accessed online by searching with the statute’s SFS designation: https://svenskforfattningssamling.se - Maritime Code (Sjölagen) (SFS 1994:1009) - Seamen Act (Sjölmanslagen) (SFS 1973:282) - Act (SFS 1994:1512) on contractual terms in consumer relationships