PASSENGERS ARE BOUND TO READ THE STANDARD TERMS AND CONDITIONS OF CARRIAGE FOR PASSENGERS, THEIR LUGGAGE, AND VEHICLES BY FERRIES BEFORE CONCLUDING THE CONTRACT OF CARRIAGE. THESE CONDITIONS CONSTITUTE INTEGRAL PART OF THE CONTRACT OF CARRIAGE CONCLUDED BETWEEN THE PASSENGER AND POLISH BALTIC SHIPPING CO., HEREINAFTER CALLED THE CARRIER.
1.1 The Contract of Carriage is the contract concluded by the Carrier or on behalf of the Carrier for the carriage of passengers and their luggage by sea against agreed payment. The rates of payment are specified in timetables or in a separate pricelist. The Carrier reserves the right to charge extra amounts such as e.g. fuel or environmental surcharge. The Carrier may execute carriage by other vessel than originally scheduled or stated in the timetables. The terms and conditions of carriage are an integral part of the contract of carriage.
1.2. Provisions of the Maritime Code and relevant provisions of international law, and in particular Regulation (EC) No 392/2009 of the European Parliament and of the Council and Regulation (EC) No 1177/2010 of the European Parliament and of the Council as well as the terms of the Athens Convention relating to the carriage of passengers and their luggage by sea of 13 December 1974.
1.3. A passenger ticket is a proof of concluding a contract of carriage and paying passage money The Passenger may not transfer the non-negotiable passenger ticket to third parties without prior consent by the Carrier.
1.4. Subject to international regulations governing jurisdiction and recognition of courts awards, and providing the claim is made thorough a court in Poland, the court relevant for hearing claims shall be the court of relevant jurisdiction by the registered head office of the Carrier.
1.5. ‘Luggage’ shall mean any object, or vehicle, in possession of a passenger which is not cargo. Cabin luggage shall mean any object a passenger keeps in their cabin or exercises any other form of care over it or which is under their care or control including any luggage kept by the passenger in or on their vehicle.
1.6. The vehicle carried subject to a contract of carriage of passengers and their luggage should be certified for traffic and border crossing both at the place of embarkation and disembarkation, i.e. in particular registered in a relevant office. Vehicles that fail to meet this regulation may be carried by the Carrier subject to a contract of carriage of cargo only.
1.7. Carriage of pets is subject to extra passage money. The passenger carrying an animal is obliged to buy an assigned cabin and shall be held liable for its sanitary condition. Should no such cabin be available, the carriage of such a pet is not possible. The passenger travelling with a dog shall keep it on the lead and in a muzzle in public spaces on board. A passenger shall familiarise themselves with veterinary regulations in force and effect in the country of destination and shall hold all documents required for the landing of an animal in the country of destination.
1.8. A passenger is entitled to carry a hand luggage up to 50 kg without excess charge. Luggage in excess of 50 kg shall be considered cargo and carried subject to a document of carriage upon the payment of freight calculated according to freight tariff in force and effect for respective line. The Passenger is liable to inform the Carrier about luggage / personal effects exceeding the above limit. The Carrier reserves the right to refuse or to consider cargo subject to freight all luggage carried in breach of these conditions. The Carrier shall not be held liable for damage suffered as a result of beach of these conditions by the Passenger.
1.9. The Carrier, their representative offices and the crew shall not be held liable for lost luggage. Goods left behind by the Passenger that can not be identified shall be kept by the Carrier for the period of 3 months. The Carrier reserves the right to give away said goods to a charity at the Carrier’s option or liquidate them should these not be collected within 6 months
2.1 Unless the terms and conditions of an offer provide otherwise, the Passenger may use the purchased service of carriage within 6 months from the date of voyage first declared. The date of voyage may be changed in the period as referred to herein provided, however, such change is registered in the computer sale and booking system no later than 24 hours before the scheduled departure. Unless the terms and conditions of offers provide otherwise, failure to meet this condition within 6 months results in the cancellation of service and no refund shall be made.
2.2 Each and every alteration to the booking results in a correction of the earlier passage money paid down to zero and a sale of a new service at exchange rate in force and effect on the date of correction. Alterations to the ticket are subject to a deductible. Said deductible is not charged in case of alteration to the value of the ticket. The first alteration is not subject to any charge.
2.3 In case a whole cabin is booked a passenger shall pay for all berths even in case there are fewer passengers than there are berths.
2.4 A passenger may cancel the service of carriage either in whole or in part retaining their right to a refund of passage money paid in part provided, however, the cancellation is registered in the sale and booking computer system no later than 24 hours before the scheduled departure. Said refund shall be subject to a cancellation fee on passage money net of VAT. Later cancellation or non-arrival for check-in at the time prescribed shall not constitute the ground for refund of the passage money paid.
2.5 In case sale was made against a VAT invoice, the refund shall only be made at the place the VAT invoice was issued, while in the case of any other sale (receipt) the refund can be made at the place of purchase of the service of carriage, at Sea Travel Agency, at Ferry Terminals or at the Head Office. No refunds shall be made on board.
3.1 The liability of the Carrier extends only throughout the duration of the carriage of the Passenger and their luggage on board the vessel operated by the Carrier.
3.2 The Carrier shall not be liable for damage resulting from delay in the carriage of the Passenger and their luggage unless it is caused wilfully by the Carrier.
3.3 The Carrier shall not be liable for any incidents or services rendered ashore before the embarkation as well as after the disembarkation.
3.1. The Carrier shall not be liable for damage due to delayed arrivals / departures of ferries, cancelled voyages or calls at ports other than scheduled due to technical problems or force majeure e.g. adverse weather conditions or other circumstances beyond the Carrier’s control.
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4.1 Foot passengers are under the obligation to check-in no later than 30 minutes before the scheduled departure of the ferry. Check-in for foot passengers closes 15 minutes before the scheduled departure of the ferry.
Passengers with accompanying vehicles are under the obligation to check-in no later than 120 minutes before the scheduled departure of the ferry. Check-in for passengers with accompanying vehicles closes 30 minutes before the scheduled departure of the ferry. It means that passengers travelling by car are under the obligation to be ready for loading (after Owner’s check-in) 30 minutes before the scheduled departure of the ferry.
Failure to check-in in time required for check-in shall result in cancellation of the booking and deletion from the passenger list and no refund shall be made.
4.2 At the time of check-in the Passenger is bound to present a valid ticket number as well as valid identification documents (ID card or passport) necessary for crossing the border.
4.3 The Passenger is bound to comply with the vessel’s regulations and to follow all orders, both standing and emergency ones, by the Master and authorised crew. The Passenger may be detained in a separate space should they disrupt order or jeopardise the safety of the vessel.
4.4 The Carrier is entitled to refuse to allow the Passenger on board despite passage money being paid, who by their conduct may disrupt order on board or causes a potential hazard to themselves and other passengers.
4.5 The Passenger shall cover the costs of damage suffered as a result of their conduct during a voyage by ferry.
4.6 The Carrier is entitled to refuse carriage to the Passenger who has not given a valid ticket number, whose name is not shown on the ticket or who does not hold the required documents.
4.7 The Carrier may refuse to carry a Passenger should their age, physical or mental condition may rise doubts as to a safe carriage by sea. The Carrier recommends that Passengers suffering from diseases, and in particular chronic ones, should seek relevant medical advice prior to the voyage.
4.8 At the Ferry Terminal the Passenger is given a boarding card against identification documents (ID card or passport) and a ticket number. The boarding card should be held throughout the voyage and while using services or facilities paid for while concluding the contract of carriage. A Passenger not holding a valid boarding card shall be refused embarkation and the Carrier shall not be held liable for the results of such refusal.
4.9 Passengers under 17 may travel only while accompanied by an adult. Children up to 7 years old may share berth in a cabin with their guardian.
5.1 Charges for extra services and facilities beyond the carriage by vessel operated by the Carrier as well as other charges imposed by the government or port authorities are borne by the Passenger, and in case same are borne by the Carrier, the Carrier shall be entitled to recover same from the Passenger.
5.2 The Passenger who by their fault has been detained by authorities at the port of destination is not entitled to claim from the Carrier the refund of the passage money or the costs of maintenance and they shall be liable to the Carrier for all and any costs incurred by such detention.
5.3 In case immigration authorities issue a decision preventing the passenger from landing in the country of destination (visa considerations or other) the Passenger is bound to cover the costs of return voyage.
6.1 A driver of a car shall hold, apart from a driving licence and the original of a car registration card, also a car insurance policy, international motor insurance card (the so called Green Card) as well as the marking of the country of car registration. By virtue of regulations of the EU citizens of EU countries are exempt from the obligation to hold a Green Card.
6.2. During the voyage passengers are not allowed to stay in their car or on the car deck. The car should be left in gear, handbrake pulled up, wheels straight on, and be properly locked to protect it against access by third parties.
6.3. Vehicles are driven on board by the passenger-driver.
6.4. The order of loading cars as well as their distribution on board is at the sole discretion of the cargo officer. The driver is bound to follow warning and information signs displayed on car deck and in case of any doubts ask the cargo officer for information. The Carrier shall not be held liable for damage suffered during loading and unloading by drivers of other vehicles.
6.5. Smoking on board is prohibited except for assigned spaces. Should a passenger be in breach of smoking prohibition in a non-assigned area they are obliged to pay a fine (liquidated damages) in the amount equivalent to EUR 100 in PLN. Should damage be higher than the liquidated damages set here, the Carrier shall seek further compensation on general terms. The court relevant for hearing cases arising out of the breach of smoking prohibition in non-assigned spaces shall be the court relevant jurisdiction by the registered head office of the Carrier.
7.1. The liability of the Carrier to the Passenger and their luggage is governed by the provisions of the Maritime Code of 18 September 2001 and relevant provisions of international law, including the terms of the Athens Convention 1974 including changes incorporated in the Protocol of 2002 to said Convention governing the carriage of passengers and their luggage by sea (hereinafter called “the Convention”).
7.2. The Carrier and their Agents shall be entitled to the benefit of all limitations, rights and immunities conferred by the Convention governing the carriage of passengers and their luggage by sea, which Convention limits the Carrier’s liability for death or personal injury (art. 7), loss and/or damage to luggage including vehicles (art. 8) and makes special provision for valuables (art. 5).
7.3 The Carrier shall not be liable for the loss of or damage to money, securities, works of art or other valuables, except where such valuables have been deposited with the Carrier for the agreed purpose of safe-keeping. The liability of the Carrier Is limited. The Carrier collects 1 per cent charge on the declared value of goods.
7.4 In case of personal injury the Passenger shall notify the Carrier without undue delay as soon as possible on the incident which caused same. Moreover, the Passenger shall be under the obligation to make a claim against the Carrier in writing latest within fifteen days from the date of disembarkation. It is assumed that the Passenger who did not meet the obligations as above completed the voyage in good state of health.
7.5 The Carrier shall be liable for damage suffered as a result of death or personal injury to the Passenger incurred otherwise than as a result of disaster at sea in case the incident which resulted in damage was due to the fault or negligence by the Carrier. The burden of evidence of fault or negligence shall on the claimant.
7.6. In case of damage to luggage the Passenger shall notify the Carrier of their Agents in writing:
a) in case of visible damage to luggage:
- with regard to cabin luggage: either before or during disembarkation by the Passenger;
- with regard to any other luggage: before or during handing it over to the Passenger;
b) In case of damage to luggage which is not visible or loss, within 15 days from disembarkation or receiving luggage or from the day such handing over by the Carrier should have taken place.
Should the Passenger be in breach of the provisions of this clause it is assumed that they have received their luggage undamaged, unless proved otherwise.
7.7 No action for damages under the death of or personal injury to the Passenger shall be brought against the Carrier otherwise than in accordance with the Athens Convention.