BEFORE SIGNING THE CONTRACT, ALL PASSENGERS ARE OBLIGED TO READ THE TERMS AND CONDITIONS OF CARRIAGE OF PASSENGERS, THEIR LUGGAGE AND VEHICLES. THESE TERMS AND CONDITIONS FORM AN INTEGRAL PART OF THE CONTRACT OF CARRIAGE CONCLUDED BETWEEN THE PASSENGER AND POLSKA ŻEGLUGA BAŁTYCKA S.A. IN KOŁOBRZEG, HEREBY REFERRED TO AS THE CARRIER.
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1.1. The contract of carriage shall be understood to mean a contract concluded by the Carrier, or on its behalf, for the carriage by sea of a Passenger and their luggage for an agreed charge. The rates are specified in the price list. The Carrier reserves the right to introduce additional charges, such as fuel or environmental surcharge , etc. The Carrier may execute the carriage by means of vessels other than originally planned or specified in the cruise schedule. The Terms and Conditions of Carriage shall form an integral part hereof.
1.2. The provisions of the Polish law, the Maritime Code and international regulations, in particular the provisions of the Regulation (EC) No. 392/2009 and Regulation (EU) No. 1177/2010, and the Athens Convention on the carriage of passengers and their luggage by sea of 13 December 1974, shall apply both to the Contract and these Terms and Conditions.
1.3. The personal ticket issued is a proof of concluded Contract of Carriage and payment of the fare. The Passenger may not assign the personal passenger ticket to a third party without the Carrier's consent.
1.4. Subject to international regulations on jurisdiction and recognition of court judgments, court cases, if the action is brought by a court in Poland, shall be adjudicated by the court having jurisdiction over the Carrier’s seat.
1.5. Luggage shall be understood to mean any item, including a vehicle, in the possession of the Passenger that is not a cargo. Cabin Luggage shall be understood to mean luggage that the Passengers keep in their cabins or is otherwise in the Passenger’s possession, custody or control, including luggage, which the passenger keeps in or on the vehicle.
1.6. The vehicle transported under the Contract of Carriage of passengers and their luggage should be allowed for traffic and crossing the border both at the place of embarkation and disembarkation, i.e. in particular registered at the competent office. Vehicles that do not meet the above condition may be transported by the Carrier only on the basis of a contract for the carriage of goods.
1.7. The carriage of pets is subject to an additional charge. A Passenger transporting animals is obliged to purchase a whole special cabin at the Passenger’s disposal and shall be responsible for its sanitary condition.
Maximum 2 pets can stay in a special cabin. In the absence of such cabins, the transport of animals shall not be possible. A Passenger is obliged to read the veterinary regulations of a given country and to have all the documents necessary to bring the animal to the country of destination.
In generally accessible areas, Passengers traveling with an animal are required to keep the animal on a leash and in a muzzle. Failure to comply with the above is subject to a fine *
1.8. The Passenger has the right to carry, free of charge, cabin luggage up to 50 kg. Luggage in excess of 50 kg shall be treated as cargo and transported on the basis of a cargo carriage contract upon payment of the freight charged according to the freight tariff applicable for a given line. The Passenger is responsible for informing the Carrier about luggage / personal belongings exceeding the above limit. The Carrier reserves the right to reject or classify as cargo for which freight is payable, any luggage not carried in accordance with these Terms and Conditions. The Carrier shall not be liable for the consequences of failure to meet the above requirements by the Passenger.
1.9. The Carrier, its representative offices and the crew shall not be held responsible for items lost by the Passenger. Items found in generally accessible areas, the owner of which cannot be identified, shall be deposited in the District Office in Kołobrzeg up to 3 months (Starostwo Powiatowe w Kołobrzegu Biuro Rzeczy Znalezionych, Plac Ratuszowy 1, 78-100 Kołobrzeg). The above does not apply to the identity card or passport and items the possession of which requires a permit, in particular weapons, ammunition, explosives, which will be immediately handed over to the nearest Police department.
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2.1. The Passenger has the right to use the purchased carriage service within 6 months from the originally declared date of the first trip, unless the terms of the offer state otherwise. The date of carriage may be changed during the above-mentioned period, provided that the change is registered in the computerized sales and booking system no later than 24 hours before the booked travel date. After 6 months, the ticket shall expire without the right to a refund for unused carriage, unless the terms of the offers state otherwise.
2.2. Changes of the ticket are subject to a fee, except for the first change. The fee shall not be charged in the event of a change in the ticket value.
2.3. When booking a whole cabin, the Passenger is obliged to pay for all beds, even if there are fewer people in the cabin than the number of berths available.
2.4. The Passenger may cancel all or part of the carriage with the right to a partial refund, provided that the cancellation is registered in the computerized sales and booking system no later than 24 hours before the cruise begins. When refunding the fare, the Carrier shall deduct the handling fee. The Passenger's later withdrawal from the contract or failure to embark at the specified time before the commencement of the trip shall not constitute grounds for claiming a refund of the fare paid.
2.5. If the sale of carriage is documented by means of a VAT invoice, the refund is made only at the place of issuing the VAT invoice, while for other sales (sales receipt), the refund is made at the place of purchase of the carriage, at the Polferries Sea Travel Agency, at Ferry Terminals or at the Carrier's premises. There are no refunds on the ferry.
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3.1. The Carrier's liability extends only for the duration of the carriage of the Passenger and the Passenger’s luggage on a vessel operated by the Carrier.
3.2. The Carrier shall not be liable for damages resulting from the delay in the carriage of the Passenger and the Passenger’s luggage, unless there is the Carrier’s willful fault.
3.3. The Carrier shall not be responsible for any incidents and services provided ashore prior to embarking, as well as after disembarking.
3.4. The Carrier shall not be liable for damages resulting from the delayed arrival / departure of ferries to /from the port, canceled cruises or arrivals to ports other than planned, in the event of technical problems or force majeure, e.g. bad weather conditions and other factors beyond the Carrier’s control.
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4.1. Passengers and vehicles must check-in no later than 90 minutes before the scheduled departure of the ferry.
Check-in for foot passengers and motorized passengers ends 30 minutes before departure. The Carrier does not guarantee the carriage of passengers and vehicles in the event of later checking in than specified in the information, despite the booking made or the carriage service purchased, without the possibility of refund.
4.2. During check-in at the ferry terminal, the Passenger is obliged to provide a valid ticket number and present valid identity documents (ID card or passport).
4.3. The Passenger is obliged to follow the regulations in force on the vessel and the ferry terminal, to comply with all orders, either permanent and emergency ones, issued by the terminal staff and the Master or authorized crew members. Passengers may be detained in a separate room if they violate regulations or threaten the safety of other Passengers and the vessel. For placing the passenger in a detention room, the Passenger shall be charged a fine *.
4.4. Despite paid carriage, the Carrier may refuse to allow on board a Passenger whose conduct may disturb the order on the vessel or pose a danger to himself/herself and other Passengers.
4.5. The Passenger shall be obliged to cover the costs of damages caused by the Passenger’s conduct while traveling by ferry.
4.6. The Carrier has the right to refuse carriage to a person who has failed to provide a valid ticket number, whose name is not shown on the ticket or who does not carry the required documents.
4.7. The Carrier may refuse carriage to a Passenger whose mental or physical condition may raise concerns as to the safe transport by sea.
The Carrier recommends sick Passengers, in particular those suffering from chronic diseases, to conduct an appropriate medical consultation before traveling by sea.
4.8. At the ferry terminal, on the basis of a valid identity document (ID card or passport) and ticket number, the Passenger shall receive a boarding pass, which must be kept for the entire journey. A passenger who does not have a boarding pass will not be embarked, and the Carrier shall not be responsible for the consequences thereof.
4.9. Passengers under 17 years of age may travel only if accompanied by an adult. Children under 7 years of age may share the berth in the cabin with their guardian.
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5.1. Charges for additional services, other than carriage by sea, and charges imposed on the Passenger by state or port authorities shall be borne by the Passenger, and if they are covered by the Carrier, the Carrier has the right to demand their reimbursement from the Passenger.
5.2. A Passenger who has been detained by the authorities at the port of departure or at the port of destination for reasons attributable to the Passenger shall not be entitled to demand the Carrier to reimburse the fare paid and shall be liable to the Carrier for any expenses incurred by the Carrier in connection with such detention.
5.3. If the authorities issue a decision preventing disembarkation (visa or other considerations), the Passenger shall be obliged to pay for the return voyage.
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6.1. During the voyage by ferry, Passengers are not allowed to stay in their cars or on the car deck. The car should be left in gear, with handbrake pulled up, wheels straight on and be properly locked to protect against unauthorized access.
6.2. Vehicles are driven on and off board by a passenger-driver.
6.3. The commencement and sequence of loading / unloading of vehicles and the manner of their arrangement on the car deck depends solely on the decision of the Chief Officer. The driver is obliged to obey the warning and information signs displayed on the car deck and the instructions of the deck crew, and if in doubt, ask the Chief Officer for information. The Carrier shall not be liable for damages caused during loading and unloading by drivers of other vehicles.
6.4. Smoking of tobacco and electronic cigarettes is prohibited, except in designated areas on the ferry. In the event of a breach by a Passenger of the smoking ban in a place not designated for this purpose, such Passenger shall be obliged to pay a fine *. In case the liquidated damages are not sufficient to cover the damage, the Carrier may seek compensation under general rules. The court competent to resolve claims arising from violation of the smoking ban in a place not intended for such purpose shall be the court having jurisdiction over the Carrier's seat.
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7.1. The Carrier’s liability towards the Passenger and their luggage is governed by the provisions of the Maritime Code of 18 September 2001 and the relevant provisions of international law, including the provisions of the Athens Convention of 1974, as amended by the Protocol of 2002 to the Convention on the carriage of passengers and their luggage by sea ( hereinafter referred to as "the Convention").
7.2. The Carrier and its Agents are entitled to use all the exemptions, rights and limitations granted by the Convention specifying the conditions of carriage of passengers and 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 (Article 8) and contains special provisions for valuables (Article 5).
7.3. The Carrier shall not be liable for the loss of or damage to money, securities, works of art and other valuables, unless they have been deposited with the Carrier. The liability of the Carrier is limited. The Carrier charges a fee of 1% of the declared value of the items.
7.4. In the event of personal injury , the Passenger is obliged, if possible, to immediately notify the Carrier of the accident that caused the same. Moreover, the Passenger must submit the claim against Carrier in writing within fifteen days from the date of disembarkation at the latest. The Passenger who failed to fulfill the above-mentioned obligations shall be deemed to have completed the journey in good health.
7.5 For losses incurred as a result of death or personal injury of the Passenger, and not caused by a maritime accident, the Carrier shall be liable if the event that caused the loss results from the Carrier’s fault or negligence. The burden of proving the Carrier’s fault or negligence rests with the claimant.
7.6. In the event of damage to luggage, the Passenger should notify the Carrier or its agent in writing:
a) in the event of visible damage to luggage:
- with regard to cabin luggage, before or during the disembarkation of the Passenger
- with regard to any other luggage, either before or at the time of handing it over to the Passenger
b) in the event of damage to luggage which is not visible or loss of luggage - within 15 days from the date of disembarkation or receipt of the luggage or from the day such handover of the luggage by the Carrier should have taken place.
Should the Passenger fail to comply with the provisions of this clause, the luggage shall be deemed to have been received undamaged, unless proven otherwise.
7.7. An action for damages due to the death or personal injury of a Passenger may be brought against the Carrier only under the conditions set out in the Athens Convention.
* The amount of liquidated damages is specified on www.polferries.pl and is available on ferries.
