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Terms and Conditions of Carriage

Terms and Conditions of Carriage of Polish Baltic Shipping Co., Kołobrzeg (constituting integral part of the Passenger Contract of Carriage)
Terms and Conditions of Carriage of Polish Baltic Shipping Co., Kołobrzeg (constituting integral part of the Passenger Contract of Carriage) Passengers are bound to read the standard terms and conditions of carriage for passengers, their luggage, and accompanied 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 - 1.1 By concluding the Contract of Carriage of passengers and their luggage the Carrier undertakes to carry the Passenger and their luggage by sea against 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 surcharge, devaluation fee. The payment does not cover services other than carriage. The Carrier may execute carriage by other vessel than originally scheduled or stated n the timetables. 1.2. It is agreed that all legal relations between the Carrier and the Passenger shall in every possible contingency be subject to these conditions or regulations of common law within matters not covered by these provisions. 1.3. ‘Luggage’ shall mean any object, including a vehicle, carried subject to contract of carriage at Passenger’s expense, excluding, however: a) goods and vehicles carried subject to charter party, bill of lading or any other contract, first and foremost relevant to the carriage of cargo, and b) livestock 1.4 ‘Cabin luggage’ shall mean any object being in the actual possession of a Passenger during voyage, as well as any object the passenger keeps in their cabin or exercises any other form of care over it during voyage, including any object kept by the Passenger in their car or placed on a car. 1.5 The vehicle carried subject to 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 the contract of carriage of cargo only. - 2 – 2.1 The liability of the Carrier to the Passenger and their luggage are set out in the terms of the Athens Convention 1974 governing the carriage of passengers and their luggage by sea (hereinafter called “the Convention”). 2.2 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). - 3 - 3.1. The term ‘the sale of carriage’ used in these conditions means concluding the contract of carriage of passengers and their luggage by sea. The sale of carriages is carried out by Sea Travel Agencies – Polferries, Ferry Terminals and authorised Travel Agencies. 3.2. It is recommended that a reservation of all types of carriage should be made no later than 24 hours before the scheduled departure. Special offers are conditional upon earlier reservation. ‘Special offer’ means carriage on conditions specified in pricelist or any other brochure. The Carrier reserves the right to set conditions of ‘special offers’ at their discretion, to introduce them, to withdraw from sale and limit them. 3.3. Carriage is sold for a specified date of voyage only. 3.4. The Passenger confirms their choice of carriage by paying passage money. 3.5. The Carrier may entrust the execution of the Contract either in part or in full to another carrier. 3.6. 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 on the part of the Carrier. - 4 - 4.1 The person making a booking is bound to give the Carrier the names of passengers at the time of booking. The name of the passenger shown on the ticket must be the same as shown on their passport or other identification documents. The Carrier shall refuse carriage to a person who is not registered in the computer sale and booking system. Final personal details must be given no later than 24 hors prior to the scheduled departure. 4.2 A passenger ticket is a proof of concluding a contract of carriage and paying passage money. A passenger ticket is in a digital (electronic) form in the booking computer system as used by the Carrier. The person selling a carriage informs the passenger on the ticket number and hands over the printed ticket generated by the computer booking system. The person concluding a contract of carriage should not disclose the ticket number to parties other than a passenger. The Carrier shall not be held liable for improper disclosure of the ticket number to parties other than a passenger by the person purchasing a ticket. 4.3 The passenger is obliged to know and to give the ticket number at passenger clearance at the ferry terminal. 4.4 Ticket is non-negotiable (entitles to carry only a passenger/passengers whose personal details are shown on the ticket) 4.5 The Passenger may not transfer the non-negotiable passenger ticket to third parties. 4.6 Carriage of animals 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 an animal is not possible. The passenger travelling with a dog shall keep it on the lead and, in justified cases, 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. - 5 - 5.1. Unless provided otherwise by terms of special offers, the passenger ticket is valid 6 months from the date of voyage declared unless the terms and conditions of ‘special offer’ provide otherwise. 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. Failure to do so within 6 months results in cancellation of service and no refund shall be made. 5.2. Each and every alteration in the date of carriage 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. 5.3. 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 5.4. 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 25% 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 5.5. In case sale was made against a VAT invoice, the refund shall be made at the place the VAT invoice was issued only, while the remaining 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 5.6. No refunds are made on board. - 6 - 6.1 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. 6.2 The Carrier shall not be liable for any services or facilities before the embarkation when on board or ashore, as well as after the disembarkation. 6.3 The Carrier shall not be liable for delayed arrivals / departures of ferries, cancelled voyages or calls at ports other than scheduled due to technical problems or force majeure i.e. adverse weather conditions or other circumstances beyond the Carrier’s control. - 7 – 7.1 Information on the time when embarkation and car checking. as well as embarkation commence is given next to the timetables and prices for each line. The Passenger is under the obligation to arrive on board prior to departure (leaving the port) otherwise the passage money will be lost. 7.2 At the time of embarkation 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, and in case of a return trip, re-entry. 7.3 The Passenger is bound to comply with the vessel’s regulations and to follow all orders, both permanent and emergency, 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. 7.4 The Carrier is entitled to refuse to allow the Passenger despite passage money being paid, who by their conduct may disrupt order. 7.5 The Passenger shall cover the costs of damage suffered as a result of their conduct during the voyage by ferry. 7.6 The Carrier is entitled to refuse carriage to the Passenger who has not given a valid number, whose name is not on the ticket or who does not hold the required documents. 7.7. The Carrier has the right to refuse to carry a person should their age, physical or mental condition may rise doubts as to ensure 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. 7.8 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 facilities paid for while concluding the contract of carriage (e.g. cabin). 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. 7.9 Passenger under 17 may only travel while accompanied by an adult. Children up to 7 may share berth in a cabin with their guardian - 8 - 8.1 Charges for services and extra 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. - 9 - 9.1 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 costs incurred by such detention. 9.2 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. - 10 - 10.1 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 the regulations of the EU citizens of EU countries are exempt from the obligation to hold a Green Card 10.2 During the voyage passengers are not allowed to stay in their car or on 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. 10.3 Carriage of petrol in petrol cans or other containers, gas filled cylinders or other goods of dangerous or obnoxious nature to persons or the vessel is strictly prohibited. 10.4 The passenger is fully liable for any consequences arising from the fact of violating the prohibition as described in the preceding clause 10.5 Vehicles are driven on board by the passenger-driver. A passenger may use the services of terminal attendant assigned for driving vehicles on board subject to separate payment. It is recommended that such services be used in case the passenger-driver lacks required skills. 10.6 The order of loading cars as well as their distribution on board is at the sole discretion of the cargo officer. Drivers are 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. 10.6 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 by the registered head office of the Carrier. - 11 - 11.1 The Carrier shall be liable for the damage suffered as a result of the death or of personal injury to the Passenger, and the loss of or damage to luggage if the incident which caused the damage so suffered occurred in the course of the carriage and was due to the fault or negligence of the Carrier, his Servants or Agents acting within the scope of their employment. The burden of evidence that the incident which caused the damage occurred in the course of carriage, the fault of the Carrier as well as the damage and its amount shall be on the injured. 11.2 The liability of the Carrier for death or personal injury to a Passenger shall in no case exceed 46,666 SDR’s per carriage. When in accordance with the law of the court sized of the case damages are awarded in the form of periodical income payments, the equivalent capital value of those payments shall not exceed said limit. 11.3 The liability of the Carrier for loss of or damage to cabin luggage shall in no case exceed 833 SDR’s per passenger, per carriage. 11.4 The liability of the Carrier for the loss of or damage to vehicles including all luggage carried in the vehicle shall in no case exceed 3,333 SDR’s per vehicle, per carriage. 11.5 The liability of the Carrier for the loss of or damage to luggage other than that mentioned under 11.3 and 11.4 shall not exceed 1,200 SDR’s per Passenger, per carriage. - 12 - 12.1 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 in which case the Carrier shall be liable up to 1,200 SDR’s unless a higher limit was agreed. 12.2 The Passenger pays 1 per cent charge on the declared value. - 13 - 13.1 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 15 days from disembarkation. It is assumed that the Passenger who did not meet the obligations as above completed the voyage in good state of health. 13.2 No action for damages for the death of or personal injury to the Passenger shall be brought against the Carrier otherwise than in accordance with the Athens Convention. 13.3 Any action for damages arising out of the death of or personal injury to the passenger or for the loss or damage to luggage shall be time barred after a period of two years. Time bar is calculated as follows: a) personal injury from the date of leaving the vessel by a passenger; b) death during carriage – from the date the Passenger should have let the vessel, and in case of suffering personal injury resulting in death after leaving the vessel , from the day of death, however, the term may not be longer than three years from the date of leaving the vessel; c) loss or damage to luggage – from the date of leaving the vessel of from the date it should have taken place, whichever date is later. - 14 - 14.1 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 a passenger. 14.2 The Carrier, their representative offices and the crew shall not be held liable for luggage lost or damaged. Goods left behind by the Passenger that can not be identified shall be kept by the Carrier for the period of 6 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. 14.3 The Carrier shall have the right of lien on luggage until it is released to the Passenger to secure claims arising out of the Contract of Carriage. The Carrier may withhold the luggage until their claims have been satisfied or secured to the satisfaction of the Carrier. - 15 - 15.1 Provisions of respective time table in force are incorporated in the Passenger Contract of Carriage. In case of conflict the provisions of these Conditions shall prevail. - 16 - 16.1 Any action arising under the Athens Convention shall, at the option of the claimant, be brought before one of the courts listed below, provided that the court is located in a State Party to this Convention: a) Sąd Rejonowy (District Court) in Kołobrzeg or Sąd Okręgowy (Regional Court) in Koszalin b) the court of the place of departure or destination named in the Passenger Contract of Carriage. c) the court of the State of the domicile or permanent residence of the claimant, if the defendant has a place of business in that State and is subject to jurisdiction in that State d) the court of the State where the Passenger Contract of Carriage was made, if the defendant has a place of business in that State and is subject to the jurisdiction of that State. SDR: the Unit of Account – Special Drawing Right as defined by the International Monetary Fund. Kołobrzeg, 15 August 2008

Terms and Conditions of Carriage
of Polish Baltic Shipping Co., Kołobrzeg
(constituting integral part of the Passenger Contract of Carriage)

Passengers are bound to read the standard terms and conditions of carriage for passengers, their luggage, and accompanied 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 -

1.1 By concluding the Contract of Carriage of passengers and their luggage the Carrier undertakes to carry the Passenger and their luggage by sea against 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 surcharge, devaluation fee. The payment does not cover services other than carriage.
The Carrier may execute carriage by other vessel than originally scheduled or stated n the timetables.

1.2. It is agreed that all legal relations between the Carrier and the Passenger shall in every possible contingency be subject to these conditions or regulations of common law within matters not covered by these provisions.

1.3. ‘Luggage’ shall mean any object, including a vehicle, carried subject to contract of carriage at Passenger’s expense, excluding, however:
a) goods and vehicles carried subject to charter party, bill of lading or any other contract, first and foremost relevant to the carriage of cargo, and
b) livestock

1.4 ‘Cabin luggage’ shall mean any object being in the actual possession of a Passenger during voyage, as well as any object the passenger keeps in their cabin or exercises any other form of care over it during voyage, including any object kept by the Passenger in their car or placed on a car.
1.5 The vehicle carried subject to 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 the contract of carriage of cargo only.

- 2 –

2.1 The liability of the Carrier to the Passenger and their luggage are set out in the terms of the Athens Convention 1974 governing the carriage of passengers and their luggage by sea (hereinafter called “the Convention”).

2.2 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).

- 3 -

3.1. The term ‘the sale of carriage’ used in these conditions means concluding the contract of carriage of passengers and their luggage by sea. The sale of carriages is carried out by Sea Travel Agencies – Polferries, Ferry Terminals and authorised Travel Agencies.

3.2. It is recommended that a reservation of all types of carriage should be made no later than 24 hours before the scheduled departure. Special offers are conditional upon earlier reservation. ‘Special offer’ means carriage on conditions specified in pricelist or any other brochure. The Carrier reserves the right to set conditions of ‘special offers’ at their discretion, to introduce them, to withdraw from sale and limit them.

3.3. Carriage is sold for a specified date of voyage only.

3.4. The Passenger confirms their choice of carriage by paying passage money.

3.5. The Carrier may entrust the execution of the Contract either in part or in full to another carrier.

3.6. 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 on the part of the Carrier.

- 4 -

4.1 The person making a booking is bound to give the Carrier the names of passengers at the time of booking. The name of the passenger shown on the ticket must be the same as shown on their passport or other identification documents. The Carrier shall refuse carriage to a person who is not registered in the computer sale and booking system.

Final personal details must be given no later than 24 hors prior to the scheduled departure.

4.2 A passenger ticket is a proof of concluding a contract of carriage and paying passage money. A passenger ticket is in a digital (electronic) form in the booking computer system as used by the Carrier.

The person selling a carriage informs the passenger on the ticket number and hands over the printed ticket generated by the computer booking system. The person concluding a contract of carriage should not disclose the ticket number to parties other than a passenger. The Carrier shall not be held liable for improper disclosure of the ticket number to parties other than a passenger by the person purchasing a ticket.

4.3 The passenger is obliged to know and to give the ticket number at passenger clearance at the ferry terminal.

4.4 Ticket is non-negotiable (entitles to carry only a passenger/passengers whose personal details are shown on the ticket)

4.5 The Passenger may not transfer the non-negotiable passenger ticket to third parties.

4.6 Carriage of animals 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 an animal is not possible. The passenger travelling with a dog shall keep it on the lead and, in justified cases, 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.

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5.1. Unless provided otherwise by terms of special offers, the passenger ticket is valid 6 months from the date of voyage declared unless the terms and conditions of ‘special offer’ provide otherwise. 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. Failure to do so within 6 months results in cancellation of service and no refund shall be made.

5.2. Each and every alteration in the date of carriage 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.

5.3. 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

5.4. 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 25% 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

5.5. In case sale was made against a VAT invoice, the refund shall be made at the place the VAT invoice was issued only, while the remaining 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

5.6. No refunds are made on board.

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6.1 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.

6.2 The Carrier shall not be liable for any services or facilities before the embarkation when on board or ashore, as well as after the disembarkation.

6.3 The Carrier shall not be liable for delayed arrivals / departures of ferries, cancelled voyages or calls at ports other than scheduled due to technical problems or force majeure i.e. adverse weather conditions or other circumstances beyond the Carrier’s control.

- 7 –

7.1 Information on the time when embarkation and car checking. as well as embarkation commence is given next to the timetables and prices for each line. The Passenger is under the obligation to arrive on board prior to departure (leaving the port) otherwise the passage money will be lost.

7.2 At the time of embarkation 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, and in case of a return trip, re-entry.

7.3 The Passenger is bound to comply with the vessel’s regulations and to follow all orders, both permanent and emergency, 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.

7.4 The Carrier is entitled to refuse to allow the Passenger despite passage money being paid, who by their conduct may disrupt order.

7.5 The Passenger shall cover the costs of damage suffered as a result of their conduct during the voyage by ferry.

7.6 The Carrier is entitled to refuse carriage to the Passenger who has not given a valid number, whose name is not on the ticket or who does not hold the required documents.

7.7. The Carrier has the right to refuse to carry a person should their age, physical or mental condition may rise doubts as to ensure 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.

7.8 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 facilities paid for while concluding the contract of carriage (e.g. cabin). 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.

7.9 Passenger under 17 may only travel while accompanied by an adult. Children up to 7 may share berth in a cabin with their guardian

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8.1 Charges for services and extra 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.

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9.1 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 costs incurred by such detention.

9.2 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.

- 10 -

10.1 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 the regulations of the EU citizens of EU countries are exempt from the obligation to hold a Green Card

10.2 During the voyage passengers are not allowed to stay in their car or on 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.

10.3 Carriage of petrol in petrol cans or other containers, gas filled cylinders or other goods of dangerous or obnoxious nature to persons or the vessel is strictly prohibited.

10.4 The passenger is fully liable for any consequences arising from the fact of violating the prohibition as described in the preceding clause

10.5 Vehicles are driven on board by the passenger-driver. A passenger may use the services of terminal attendant assigned for driving vehicles on board subject to separate payment. It is recommended that such services be used in case the passenger-driver lacks required skills.

10.6 The order of loading cars as well as their distribution on board is at the sole discretion of the cargo officer. Drivers are 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.

10.6 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 by the registered head office of the Carrier.

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11.1 The Carrier shall be liable for the damage suffered as a result of the death or of personal injury to the Passenger, and the loss of or damage to luggage if the incident which caused the damage so suffered occurred in the course of the carriage and was due to the fault or negligence of the Carrier, his Servants or Agents acting within the scope of their employment. The burden of evidence that the incident which caused the damage occurred in the course of carriage, the fault of the Carrier as well as the damage and its amount shall be on the injured.

11.2 The liability of the Carrier for death or personal injury to a Passenger shall in no case exceed 46,666 SDR’s per carriage. When in accordance with the law of the court sized of the case damages are awarded in the form of periodical income payments, the equivalent capital value of those payments shall not exceed said limit.

11.3 The liability of the Carrier for loss of or damage to cabin luggage shall in no case exceed 833 SDR’s per passenger, per carriage.

11.4 The liability of the Carrier for the loss of or damage to vehicles including all luggage carried in the vehicle shall in no case exceed 3,333 SDR’s per vehicle, per carriage.

11.5 The liability of the Carrier for the loss of or damage to luggage other than that mentioned under 11.3 and 11.4 shall not exceed 1,200 SDR’s per Passenger, per carriage.

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12.1 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 in which case the Carrier shall be liable up to 1,200 SDR’s unless a higher limit was agreed.

12.2 The Passenger pays 1 per cent charge on the declared value.

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13.1 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 15 days from disembarkation. It is assumed that the Passenger who did not meet the obligations as above completed the voyage in good state of health.

13.2 No action for damages for the death of or personal injury to the Passenger shall be brought against the Carrier otherwise than in accordance with the Athens Convention.

13.3 Any action for damages arising out of the death of or personal injury to the passenger or for the loss or damage to luggage shall be time barred after a period of two years.
Time bar is calculated as follows:
a) personal injury from the date of leaving the vessel by a passenger;
b) death during carriage – from the date the Passenger should have let the vessel, and in case of suffering personal injury resulting in death after leaving the vessel , from the day of death, however, the term may not be longer than three years from the date of leaving the vessel;
c) loss or damage to luggage – from the date of leaving the vessel of from the date it should have taken place, whichever date is later.

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14.1 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 a passenger.

14.2 The Carrier, their representative offices and the crew shall not be held liable for luggage lost or damaged. Goods left behind by the Passenger that can not be identified shall be kept by the Carrier for the period of 6 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.

14.3 The Carrier shall have the right of lien on luggage until it is released to the Passenger to secure claims arising out of the Contract of Carriage. The Carrier may withhold the luggage until their claims have been satisfied or secured to the satisfaction of the Carrier.

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15.1 Provisions of respective time table in force are incorporated in the Passenger Contract of Carriage. In case of conflict the provisions of these Conditions shall prevail.

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16.1 Any action arising under the Athens Convention shall, at the option of the claimant, be brought before one of the courts listed below, provided that the court is located in a State Party to this Convention:
a) Sąd Rejonowy (District Court) in Kołobrzeg or Sąd Okręgowy (Regional Court) in Koszalin
b) the court of the place of departure or destination named in the Passenger Contract of Carriage.
c) the court of the State of the domicile or permanent residence of the claimant, if the defendant has a place of business in that State and is subject to jurisdiction in that State
d) the court of the State where the Passenger Contract of Carriage was made, if the defendant has a place of business in that State and is subject to the jurisdiction of that State.

SDR: the Unit of Account – Special Drawing Right as defined by the International Monetary Fund.

Kołobrzeg, 15 August 2008

General Terms and Conditions of ferry ticket sales
Part 1 General Conditions §1. Definition and scope. The listed regulations apply as follows: a) the Polish Baltic Shipping Co. online service on their official internet sites. b) the ticket sales terms and preconditions – via the online sale system ”on line system” , which is maintained by Polish Baltic Shipping Co. , tickets, which secure the passenger and his luggage the crossing over the sea, with the ferries , which are signed POLFERRIES. The regulations are based on article 8 of the law which established on July the 18th 2002 in connection with the online sale regulations( statute book No. 144 year 2002 position 1204 with later changes). Polish Baltic Shipping Co details of regisration : Polish Baltic Shipping Co in Kolobrzeg, Street: Portowa 41, 78-100 Kolobrzeg, Poland. Magistrates register number 0000011871, magistrates in Koszalin IX division .share capital of 103 838 000 PLN, Tax identification number 671-010-07-02. In the trading conditions mentioned terms: PBS – Polish Baltic Shipping Co. – polish shipping organization - public limited company; Online system – maintained by Polish Baltic Shipping Co., a system, which enables a person , called user or buyer , to sign a contract for himself or another person, via the internet( - to buy a ticket online )in order to cross the sea with luggage; Purchaser, buyer, user – the person who purchased a ticket via the online system on rather completed a payment via the online system. Online payment– To complete a payment via the online system, using a payment card, which is accepted by the system, the system lists up the cards which are accepted, further information are available in part“ useful and important information for the passenger“; The transport contract for the passenger and his luggage- transport contract- subject of the contract is the carriage of the passenger and his luggage over the sea, meeting deadlines and prices and considering the transportation rules. A contract which was made via the PZB online system ( or in particular cases, a subject, which trades in the name of PZB); Passenger – person, for whom the ticket was purchased. Ticket – an electronic entry in the online system ,which is generated, after a payment was successful completed, the passenger should print the evidence of payment , which must be shown by the terminal, the printed document has the character of the actua ticket, and allows the entry on the ferry; Purchase of the ticket – Completion of the transport contract via the online payment system; Special offer – an offer, which has special price conditions , published on www.polferries.pl; limited number of seats , special offers are excluded from complaints; Conditions of transport – preconditions, which have to be fulfilled; Haulage contractor – Polish Baltic Shipping Co. or in particular cases a subject, which is subordinated to Polish Baltic Shipping Co.. Part II The Online service - area of activity § 2. Online services. Polish Baltic Shipping Co. carries out following services: a) Completement of the contract on the official internet site of Polish Baltic Shipping Co., fort he transportation of the passenger and his luggage; b) Information about special offers by Polish Baltic Shipping Co. Detailed condition and rules with regards to the contract are listed in part III; The transport is subject to the rules and conditions, which were accepted in the moment of the completion of the contract . You can ask for the conditions Polish Baltic Shipping Co. or find them on their homepage www.polferries.pl. § 3. Area of service. The service can be used by every person, who visits www.polferries.pl following § 4 law 1. §4. Legal and technical preconditions; Following teleinformatical and technical standards must be fulfilled before the services online can be used; a) Following browser: Internet Explorer 6.0 or a new updated version, Firefox 1.0 with installed java script applications and programs. b) For particular programs a version of acrobat reader is required. c) The internet page is optimized for the resolution 1024 x 768. d) Allow cookies. Polish Baltic Shipping Co. does not take responsibility in case of difficulties and problems, which are based on technical preconditions of the pc, and which make the use of the service not possible. It is not allowed to use the online service, if the intention is to act against the laws and conditions. If the user does not agree to the terms and conditions, or does not possess the technical preconditions to use the online system, it is not possible to continue the procedure. With accepting the terms and conditions, the PZB has got obligations towards the passenger, to transport him and his luggage across the sea. The contract is binding for both parties. Part III Rules and preconditions with regards to the sale. §5. Subject of regulation. 1. Terms of selling is according to the rules a) transport contract for the passenger and his luggage on waterway, b) modification of the contract, c) deviation from the contract, d) refunds of not honoured tickets, applications and their revision, e) writing out of value added tax ( vat) – bills. 2. Decisions about the tariffs, transports and the ticket prices dependent from the date the ticket was purchased, are available on www.polferries.pl. § 6. Principles of use of the reservation service. A person who uses the system for the first time should: Register filling out a registration form, making following details: a) login and password, b) personal details: - name and surname, authentic and correct address and postcode, - a valid email address, - contact number. The user should accept all terms and conditions before continue using the system, after reading the t&c he should click the „ACCEPT“– button. In case of using special offers, the user should read all information about the latest and definite tariffs and the tariff-regulations. § 7. Transport contract. A ticket can be purchased at the latest 24 hours before the scheduled departure. The user is obliged to verify all data in the online system before completing the payment. The contract is completed after the payment was made via the on line system and a ticked has been issued. The system generates a ticket, which is to be printed out in a4 version in vertical position. The has to make sure that all data is clear on the printed version. This print has the character of the actual ticket, and is also a receipt for payment. The printed version should include following data: The passenger’s name and surname and eventually the registration number; Transportservices; Ticket number; Ticket price; Data stated in point 5. will be verified by the ferry terminal. In case the internet session will be interrupted for some reason, the contract is not completed, if the user still has the intention to purchase a ticket, the procedure has to be repeated. §8. Amendments of the transport contract. Amendments in the contract, which was completed online, are only possible in agreement with the system operator – contact details are available on www.polferries.pl. The amendments are liable to costs. The costs are in height of the difference between the ticket price the day the ticked was purchased, and the day the contract was amended. The pricelist is available on www.polferries.pl. § 9. Resignation of the transport contract. It is possible to resign from the contract, which was completed via the online system, considering the rules which are listed in point 5.4. §10. Refund. Refunds (after the deduction of manipulation costs) can only be paid back to the same payment card, the payment was made with. An email should be sent to zwroty@polferries.pl including following information : name, surname , ticket issue number and contact number . In case of a refund of a value added tax- bill, a signed copy of the bill should be sent in order to claim refund. Special offers are not refunded. A deduction of 25% administrative charges will be made, unless Polish Baltic Shipping Co. is to be blamed for the situation. Refunds are processed up to 30 days. § 11. Issuing of value added tax- bills. The online ticket is not a value added tax- bill. Polish Baltic Shipping Co. will issue a value added tax- invoice, if the user has sent a vat- request form at latest 3 months before the ticket was bought to the following address : Polish Baltic Shipping Co., Street Portowa 41, 78-100 Kolobrzeg.Or via email: faktury@polferries.pl The value added tax- invoice will be sent via post, Polish Baltic Shipping Co. pays the postal charges. §12. The users laws and duties. The has got the right to examine and modify his personal data. The users obligations is/are: To state authentic and correct personal or company details while the registration in the online system; Hitting the ‘ACCEPT’- button , the user accepts all terms and conditions; In case the payer is not the passenger at the same time: a) the passengers name and data, and if necessary details according the vehicle must be stated, b) the passenger should be made aware of the terms and conditions and special offers. The online system should be used accordingly to the rules and laws; A clear printed version, in vertical position should be made by the user at his own expense; In case of a refund for a non honoured ticket, for which a vat- bill was issued, a bill amendment is to be signed by the addressee or stamped with the company stamp ( if the ticked was issued for the company), a copied version should be sent back to the sender; All complaints which stand in connection to PZB services, have to be sent via email to online@polferries.pl. The complaint should include following details: Name, surname and full address and the email address, a description and reason for the complaint is necessary. The complaints will be processed in incoming order. The applicant will be informed about the progress in the same way the applicant made the complaint, all information will be sent to the address, stated in the complaint. §13. Polish Baltic Shipping Co. laws and duties. Polish Baltic Shipping Co. can step back from the contract in case the user is in contravention of the laws, transport principles and terms of the contract. According to the laws and terms in the contract Polish Baltic Shipping Co. is obliged: to arrange the transportation of the passenger and his luggage, according to it´s description in the contract; to issue a vat-bill, if the user applied for a vat-bill or in case a bill- amendment for a not honoured ticket was issued, and sent the invoice via post at Polish Baltic Shipping Co.'s own expenses. § 15. Conclusion. Cases, which are not specified in the terms and conditions fall under the the laws of the statute book dated the 18th of September 2001 and (law dated 2001, No. 138, position 1545 with later amendments), furthermore apply the laws stated in the terms and conditions and the transport principles and costs. Polish Baltic Shipping Co.processes all personal data accordingly to article 23 of the 1st law point 3 dated the 29th of august 1997 of the Data Protection Act (statute book year 2002 No 101, position 926 with later amendments). All differences in connection with the online service, which apply to the stated terms and conditions, are subject to the polish jurisdiction.

General Terms and Conditions of ferry ticket sales

Part 1
General Conditions

§1. Definition and scope.

The listed regulations apply as follows:
a) the Polish Baltic Shipping Co. online service on their official internet sites.
b) the ticket sales terms and preconditions – via the online sale system ”on line system” , which is maintained by Polish Baltic Shipping Co. , tickets, which secure the passenger and his luggage the crossing over the sea, with the ferries , which are signed POLFERRIES.

The regulations are based on article 8 of the law which established on July the 18th 2002 in connection with the online sale regulations( statute book No. 144 year 2002 position 1204 with later changes).
Polish Baltic Shipping Co details of regisration : Polish Baltic Shipping Co in Kolobrzeg, Street: Portowa 41, 78-100 Kolobrzeg, Poland. Magistrates register number 0000011871, magistrates in Koszalin IX division .share capital of 103 838 000 PLN, Tax identification number 671-010-07-02.
In the trading conditions mentioned terms:
1. PBS – Polish Baltic Shipping Co. – polish shipping organization - public limited company;
2. Online system – maintained by Polish Baltic Shipping Co., a system, which enables a person , called user or buyer , to sign a contract for himself or another person, via the internet( - to buy a ticket online )in order to cross the sea with luggage;
3. Purchaser, buyer, user – the person who purchased a ticket via the online system on rather completed a payment via the online system.
4. Online payment– To complete a payment via the online system, using a payment card, which is accepted by the system, the system lists up the cards which are accepted, further information are available in part“ useful and important information for the passenger“;
5. The transport contract for the passenger and his luggage- transport contract- subject of the contract is the carriage of the passenger and his luggage over the sea, meeting deadlines and prices and considering the transportation rules. A contract which was made via the PZB online system ( or in particular cases, a subject, which trades in the name of PZB);
6. Passenger – person, for whom the ticket was purchased.
7. Ticket – an electronic entry in the online system ,which is generated, after a payment was successful completed, the passenger should print the evidence of payment , which must be shown by the terminal, the printed document has the character of the actua ticket, and allows the entry on the ferry;
8. Purchase of the ticket – Completion of the transport contract via the online payment system;
9. Special offer – an offer, which has special price conditions , published on www.polferries.pl; limited number of seats , special offers are excluded from complaints;
10. Conditions of transport – preconditions, which have to be fulfilled;
11. Haulage contractor – Polish Baltic Shipping Co. or in particular cases a subject, which is subordinated to Polish Baltic Shipping Co..

Part II
The Online service - area of activity

§ 2. Online services.

Polish Baltic Shipping Co. carries out following services:
a) Completement of the contract on the official internet site of Polish Baltic Shipping Co., fort he transportation of the passenger and his luggage;
b) Information about special offers by Polish Baltic Shipping Co.

Detailed condition and rules with regards to the contract are listed in part III;
The transport is subject to the rules and conditions, which were accepted in the moment of the completion of the contract . You can ask for the conditions Polish Baltic Shipping Co. or find them on their homepage www.polferries.pl.

§ 3. Area of service.

The service can be used by every person, who visits www.polferries.pl following § 4 law 1.

§4. Legal and technical preconditions;

Following teleinformatical and technical standards must be fulfilled before the services online can be used;

a) Following browser: Internet Explorer 6.0 or a new updated version, Firefox 1.0 with installed java script applications and programs.

b) For particular programs a version of acrobat reader is required.

c) The internet page is optimized for the resolution 1024 x 768.

d) Allow cookies.

Polish Baltic Shipping Co. does not take responsibility in case of difficulties and problems, which are based on technical preconditions of the pc, and which make the use of the service not possible.

It is not allowed to use the online service, if the intention is to act against the laws and conditions.
If the user does not agree to the terms and conditions, or does not possess the technical preconditions to use the online system, it is not possible to continue the procedure.
With accepting the terms and conditions, the PZB has got obligations towards the passenger, to transport him and his luggage across the sea. The contract is binding for both parties.

Part III
Rules and preconditions with regards to the sale.

§5. Subject of regulation.

1. Terms of selling is according to the rules

a) transport contract for the passenger and his luggage on waterway,

b) modification of the contract,

c) deviation from the contract,

d) refunds of not honoured tickets, applications and their revision,

e) writing out of value added tax ( vat) – bills.

2. Decisions about the tariffs, transports and the ticket prices dependent from the date the ticket was purchased, are available on www.polferries.pl.

§ 6. Principles of use of the reservation service.

A person who uses the system for the first time should:
1. Register filling out a registration form, making following details:
  a) login and password,
  b) personal details:
  - name and surname, authentic and correct address and postcode,
  - a valid email address,
  - contact number.
The user should accept all terms and conditions before continue using the system, after reading the t&c he should click the „ACCEPT“– button. In case of using special offers, the user should read all information about the latest and definite tariffs and the tariff-regulations.

§ 7. Transport contract.

A ticket can be purchased at the latest 24 hours before the scheduled departure.
The user is obliged to verify all data in the online system before completing the payment.
The contract is completed after the payment was made via the on line system and a ticked has been issued.
The system generates a ticket, which is to be printed out in a4 version in vertical position. The has to make sure that all data is clear on the printed version. This print has the character of the actual ticket, and is also a receipt for payment.
The printed version should include following data:
1. The passenger’s name and surname and eventually the registration number;
2. Transportservices;
3. Ticket number;
4. Ticket price;
Data stated in point 5. will be verified by the ferry terminal.
In case the internet session will be interrupted for some reason, the contract is not completed, if the user still has the intention to purchase a ticket, the procedure has to be repeated.

§8. Amendments of the transport contract.

Amendments in the contract, which was completed online, are only possible in agreement with the system operator – contact details are available on www.polferries.pl. The amendments are liable to costs. The costs are in height of the difference between the ticket price the day the ticked was purchased, and the day the contract was amended. The pricelist is available on www.polferries.pl.

§ 9. Resignation of the transport contract.

It is possible to resign from the contract, which was completed via the online system, considering the rules which are listed in point 5.4.

§10. Refund.

Refunds (after the deduction of manipulation costs) can only be paid back to the same payment card, the payment was made with. An email should be sent to zwroty@polferries.pl including following information : name, surname , ticket issue number and contact number . In case of a refund of a value added tax- bill, a signed copy of the bill should be sent in order to claim refund.
Special offers are not refunded.
A deduction of 25% administrative charges will be made, unless Polish Baltic Shipping Co. is to be blamed for the situation.
Refunds are processed up to 30 days.

§ 11. Issuing of value added tax- bills.

The online ticket is not a value added tax- bill.
Polish Baltic Shipping Co. will issue a value added tax- invoice, if the user has sent a vat- request form at latest 3 months before the ticket was bought to the following address : Polish Baltic Shipping Co., Street Portowa 41, 78-100 Kolobrzeg.Or via email: faktury@polferries.pl
The value added tax- invoice will be sent via post, Polish Baltic Shipping Co. pays the postal charges.

§12. The users laws and duties.

The has got the right to examine and modify his personal data.
The users obligations is/are:
1. To state authentic and correct personal or company details while the registration in the online system;
2. Hitting the ‘ACCEPT’- button , the user accepts all terms and conditions;
3. In case the payer is not the passenger at the same time:
  a) the passengers name and data, and if necessary details according the vehicle must be stated,
  b) the passenger should be made aware of the terms and conditions and special offers.
1. The online system should be used accordingly to the rules and laws;
2. A clear printed version, in vertical position should be made by the user at his own expense;
3. In case of a refund for a non honoured ticket, for which a vat- bill was issued, a bill amendment is to be signed by the addressee or stamped with the company stamp ( if the ticked was issued for the company), a copied version should be sent back to the sender;
All complaints which stand in connection to PZB services, have to be sent via email to online@polferries.pl. The complaint should include following details: Name, surname and full address and the email address, a description and reason for the complaint is necessary.
The complaints will be processed in incoming order.
The applicant will be informed about the progress in the same way the applicant made the complaint, all information will be sent to the address, stated in the complaint.

§13. Polish Baltic Shipping Co. laws and duties.

Polish Baltic Shipping Co. can step back from the contract in case the user is in contravention of the laws, transport principles and terms of the contract.
According to the laws and terms in the contract Polish Baltic Shipping Co. is obliged:
1. to arrange the transportation of the passenger and his luggage, according to it´s description in the contract;
2. to issue a vat-bill, if the user applied for a vat-bill or in case a bill- amendment for a not honoured ticket was issued, and sent the invoice via post at Polish Baltic Shipping Co.'s own expenses.

§ 15. Conclusion.

Cases, which are not specified in the terms and conditions fall under the the laws of the statute book dated the 18th of September 2001 and (law dated 2001, No. 138, position 1545 with later amendments), furthermore apply the laws stated in the terms and conditions and the transport principles and costs.
Polish Baltic Shipping Co.processes all personal data accordingly to article 23 of the 1st law point 3 dated the 29th of august 1997 of the Data Protection Act (statute book year 2002 No 101, position 926 with later amendments).
All differences in connection with the online service, which apply to the stated terms and conditions, are subject to the polish jurisdiction.