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General Transport and Travel Conditions for group travel (B2B) 2018

Range of application
These general transport and travel conditions are only valid for group tours, organized by an entrepreneur within the meaning of § 14 BGB ("Customer"). Do not contact the consumer and private groups.

2. Principles
2.1 Subject of this General Transport and Travel Condition is the cooperation between the parties in the sale of cruises. The customer assumes full responsibility as a tour operator within the meaning of § § 651a et seq BGB for the offered travel and grants the end users ("customers / guests") their own security certificates.

2.2 The customer recognizes the conditions laid down in this agreement as binding. They apply to all bookings of customers for groups. Terms and conditions of the customer shall not apply. Any terms and conditions by the customer are expressly rejected.

2.3 The contracting party of the customer is Color Line AS Oslo ("CL"), which is represented by the German Color Line GmbH ("Color Line GmbH") in Kiel regarding all matters concerning these conditions. The Color Line GmbH is, therefore, the contact person and point of contact for the customer in Germany and takes over as the legal representative and agent for all correspondence with the customer, especially the bookings.

2.4 All bookings are carried out exclusively via Color Line GmbH in Kiel. With these general transport and travel conditions, it is not permitted to make reservations through the headquarters of CL or any other branch of CL abroad except the Color Line GmbH in Kiel, in particular not through representatives (subsidiary companies) of the company which are based in Norway. The invoice will be issued for and on behalf of CL in Norway. The invoice amounts must be paid in EUR and are not subject to German VAT regulations.

3. The customer's contractual obligations
3.1 The customer advertises the trips adequately in the media towards end customers and respects the established travel description by and from CL and sells the travel on the basis of the Customer's general terms towards the end customer.

3.2 Base of the pricing list of cruises is always the respective current price list of CL. If there are discounts, they will be referred to the customer, so he can communicate them to the end customer. The customer is not entitled to change terms or prices of CL or to confirm the end user without the prior written consent of CL regarding any changes of the range of services.

3.3 All requests of the customer must be made in writing via Color Line GmbH in Kiel, as well as all bookings. After booking, the customer receives the booking confirmation and invoice as stated in 9.3 which mentions his commission and forwards the confirmation to the end customers (E-Mail/Post) or delivers in person. The data of the booking confirmation are binding for the customer. The customer performs the quota and reservation management himself; he should particularly send the list of participants to CL according to 3.9 and the current booking status after changes have been made to the list of participants.

3.4 A separately granted option ("informal offer") to the customer is initially not binding for either the applicant or for CL. Only if the applicant chooses to use the offer within the granted communicated option period (usually 14 days), and applies for it, CL confirms the acceptance in writing and a system-side confirmation of CL is present, the reservation is binding.

3.5 The customer checks the booking confirmation with the reported services and cabin categories regarding compliance with the desired requirements and upon receiving of confirmation, whether all data is correct or, according to him, incorrect. Wishes for changes or lack of services need to be communicated immediately by telephone or in writing. Otherwise, the below mentioned cancellation policy applies.

3.6 The customer must notify CL in writing immediately about cancellations or changes , as well as about reservations or cancellations of travel or partial travel services.

3.7 Likewise, the customer takes care of the collection of payment and settles all potentially occurring Travel deficiency claims of the end customer. CL does not validate end customer complaints against the customer.

3.8 The customer must ensure that his travel application is complete and must carefully fill out the participant list (Excel file) sent by CL, roughly 4 weeks prior to departure, particularly careful in the context of cabin arrangement, the first and last names, as well as the ages of all guests. For any further changes after sending the list of participants, the customer notifies CL in writing. The customer must specify the exact dimensions of all vehicles at the time of booking.

3.9 The list of participants should be sent back by the customer in a complete version within one week after receipt.

4. Changes to the list of participants, changes of vehicle specifications and size
4.1 All changes, i.e. changes in the list of participants or changes of vehicle information (e.g. registration plate number), vehicle specifications and size, will only be accepted by CL in writing.

4.2 The costs for changes are as follows:
Changes to the list of participants
Changes to the registration plate number, changes in the vehicle information and size until 4 days before departure: 25.00 €  per change transaction and person/vehicle. When changing the dimensions of the vehicle, the applicable surcharge is being charged.

For all change transactions within 3 days before departure and on departure day: 50.00 €  per change transaction and person/vehicle.

5. Free space provision
5.1 For every 20 fully paying guests (20 + 1), CL grants one free place in a cabin of the most booked cabin category, including all meals that were booked in advanced by the group.

5.2 For 20 or more fully paying guests (20 + 1) the bus transportation for pure crossings (excluding: mini-cruise and Oslo City-Tour) is free of charge. Trailers and vehicles additionally booked are chargeable and will be charged according to the enclosed price list.

5.3 The free spaces are granted after sending the list of participants (Excel file). Free spaces are not granted for bookings of multiple-bed cabins (e.g. 3-/4- / or 5-bed cabins), as those are booked on an already reduced bundle price per cabin.

6. Notification requirements for sales status
Next to the condition of sending the list of participants as in 3.8, the customer must communicate unsolicited the current sales status within the following period:

  • All groups: 4 weeks prior to departure

7. Booking confirmation / boarding passes for the group
The customer receives the boarding passes on the day of travel at the Check-In at the ticket center of Color Line GmbH in the terminal on presentation of the booking confirmation or by quoting the booking number.

8. Information by the customer of an emergency number
No later than 3 days before departure, the customer has to communicate to the Color Line GmbH the phone number of the tour guide or the bus driver or the head applicant of the group.

9. Commissions, billing, and payment
9.1 The customer receives a commission for his activity as agreed upon separately between CL and the customer.

9.2 The customer must notify CL in a timely manner before invoicing - together with the booking order at the latest - about the correct billing address of his company (name, correct legal form of the company/ owner of the individual company, address, city). After creating the account, any subsequent change of address is not possible.

9.3 CL provides the customer with an invoice 50 days prior to departure and deducts the commission from this invoice. The invoice states the total price, the commission, and the amount to be paid. Payment is due 35 days prior to departure and needs to be paid by the customer.

9.4 The invoice is issued for and on behalf of CL in Norway. The invoice amounts must be paid in EUR and are not subject to German VAT regulations. All prices quoted in the confirmation are, therefore, net amounts and do not include VAT.

9.5 If due payments are not made at all or not made in time, CL is entitled to withdraw from the contract of transport and to charge the customer a cancellation fee or ask for compensation after a due notice and a reasonable time limit for the payment. The timeliness of a payment depends on the credit at the Color Line GmbH.

10. Cancellation policy (withdrawal and partial withdrawal / reduction in group size)
10.1 CL holds the confirmed cabin quota as stated in the booking confirmation fully available. A withdrawal/ cancellation and/ or a reduction of the cabin quota is possible until the end of the free cancellation period.

10.2 After the expiry of the set period, free cancellation or reduction of the agreed total quota is not possible, but CL is entitled to invoice a compensation in % of the total amount as a general sum, which applies to all cabin and all other booking services, as follows:

Cancellation of the group (full cancellation)
In case of cancellation by the customer

  • up to 31 days before departure: free of charge
  • from 30 to 20 days before departure: 25% of the total sum
  • from 19 to 8 days before departure: 50 % of the total sum
  • 7 days to 24 hours before departure: 75 % of the total sum
  • less than 24 hours before departure: 95 % of the total sum           

Cancellation/ changes of the size of the group (partial cancellation)
In case of partial cancellation by the customer up to

  • 31 days before departure: free of charge
  • from 30 to 15 days before departure: 10% of the total sum of the number of persons that will be canceled
  • from 14 to 6 days before departure: 25 % of the total sum of the number of persons that will be canceled
  • 5 days to 24 hours before departure: 50 % of the total sum of the number of persons that will be canceled
  • less than 24 hours before departure: 95 % of the total sum of the number of persons that will be canceled

Cancellation of a capacity of more than 30 % of the total group size is treated as a cancellation of the group (full cancellation), followed by a new booking and the corresponding cancellation compensation is calculated according to the cancellation sum shown in the upper section.

The traveler may always prove that for CL. damages have occurred either not at all or only to a much lesser degree than the above mentioned general compensation sum. CL reserves the right to require a higher, precisely calculated compensation in lieu of the above packages and in this case, the required compensation by taking the saved expenses and possible other use of travel services to quantify and prove.

11. Agent tickets
Agent tickets are bookable at any time, if places are available. The prices and conditions are available on request.

12. Transport of children and adolescents

12.1 Unaccompanied children and adolescents
For pure ferry crossings, the transport of unaccompanied children and adolescents under the age of 16 is not permitted, and for package holidays, it is not permitted to adolescents younger than 18 years old. They may only travel in the company of a parent/ legal guardian.

For mini-cruises, the minimum age is 20 years. It is possible to submit an application for exemption of the age limit. Please make use of our application form: www.colorline.de/service/kontakt.

12.2 Children under the age of 18
Since June 26, 2012 entries of children in the parent's passport are invalid and do not entitle the child to cross borders. Thus, all children must have their own private travel documents (starting at birth) when traveling abroad. Travel documents for children are children's passports, passports, and identity cards.

IMPORTANT: If a child is not traveling with its guardian, a consent of the legal representative / s (guardian) must be accompanied with a copy of the ID of the representative.

13. Embarkation
The traveler is responsible for reporting himself and his vehicle at the terminal for Check-In up until the time indicated in the booking confirmation.

KIEL – OSLO: Passengers arriving by private vehicle should provide this no later than 120 minutes before departure. Passengers without cars should arrive no later than 60 minutes before departure.

DENMARK – NORWAY: Passengers with and without cars should arrive no later than 60 minutes before departure.

The individual driver is responsible for ensuring that his vehicle is parked in the place assigned and secured with the handbrake on, in the lowest gear and properly locked.

14. Travel documents
All travelers must be in possession of a valid identity card or passport, which has to be presented on request. All vehicles require a nationality label. Travelers with cars need a green insurance card and admission papers. The vehicle user is advised to contact his insurance company prior to leaving to request the latest regulations for the vehicle while traveling abroad.

15. Special provisions for ferry crossings
15.1 Service changes

For necessary travel changes after conclusion of the contract (e.g., change of departure times, change of itinerary), which are not intentionally caused by CL, CL expressly reserves the right to make these changes, if the changes are not substantial and do not affect the overall form of the tour.

15.2 Price changes before and after the conclusion of the contract
15.2.1 CL expressly reserves the right to explain changes of the price prior to the conclusion of the contract, due to an increase in transportation costs, costs for certain services such as port or airport fees, or a change due to the exchange rate of the destination after the publication in the (Internet) catalog. The passenger is made aware of the explained changes in a timely manner before the booking.

15.2.2 CL reserves the right to change the agreed-upon travel price after conclusion of the contract in the case of an actual, subsequently occurring, and unforeseeable increase in transportation costs or costs for certain services such as port or airport fees or a change due to the exchange rate of the destination; change to an extent to which this increase has an impact on the travel price per person, if the time between conclusion of the contract and the agreed-upon travel departure date is greater than four months. A passenger is informed immediately about such a price change. A price increase that is required after the 20th day prior to the departure date is invalid.

15.2.3 In the case of a price increase of more than 5 % of the travel price or a significant change of an essential travel service according to 15.1, the passenger has the right to withdraw without from the contract at no additional costs or to demand the participation in another equivalent travel, in case CL is able to offer such a travel without adding additional charges for the passenger. After receiving such a notice from CL, the passenger must decide immediately about the price increase or about the change of the travel service.

15.3 Baggage and cargo, dangerous goods
15.3.1   On top of additional luggage stored in the car, each passenger may carry up to 50kg or 1/2 cubic meter baggage. Furniture, boxes, large suitcases etc. are treated as cargo. To this end, the corresponding freight rate has to be paid.

15.3.2 Dangerous goods such as flammable, corrosive, or radioactive material may only be transported with the permission of CL. In case of violation, the passenger is liable for any damages.

15.4 RVs
The gas supply in an RV must be turned off during the crossing. The correct state is checked at embarkation.

15.5 Weapons
The entrainment/ transport of weapons of any kind is prohibited on board. At the shipping company, one can apply for an exemption of, for example, hunting weapons. Please use our application form: http://www.colorline.de/service/kontakt.

15.6 Security checks
For security reasons, a possible search / screening of persons, baggage, and vehicles must be approved prior to embarkation. If this is rejected, the shipping company has the right to refuse carriage without repayment of the passage price.

15.7 Liability and limitation of liability of CL as carrier, compensation in case of damage of a person/ an item

15.7.1 The liability of CL as a shipping company for all claims for damages in a maritime incident in the even of death or injury of passengers and loss of or damage to luggage and deductibles is always limited on the provision of the Athens Convention 2002 (AC), in its currently valid version and its associated protocols (currently provision of Art 3, Art. 5, Art. 7 and Art. 8 AC). The application of the allowable deduction is acc. to art. 8, paragraph 4 AC. Contributory negligence of the passenger must always be considered. Outside the range of the AC CL is liable under the provisions of the Norwegian Maritime Code and other Norwegian damages provisions. The carrier is not liable thereafter, if he cannot be accused of any fault on damage. Moreover, the rules for the limitation of liability as well as the excess of the passenger needs to be particularly pointed out.

15.7.2 Color Line is not responsible for events that occur before the passenger has boarded the ship or after leaving it. The same applies to the hand baggage in the custody of the passenger. Color Line is not liable for live animals transported as luggage The carrier is not liable for any damage caused during transit on ships, which will run from another carrier. The passenger must pay for damage that was caused by the passenger himself or someone for whom he is responsible under Norwegian compensation rules.

15.7.3 In Oslo, a maritime accident is regulated according to the York-Antwerp Rules of 1994, with later amendments.

15.7.4 CL as a carrier is not liable for the loss or damage of cash, negotiable securities or other valuables, such as gold, silver, jewelry, art objects, electronics or similar items, except that they were stored for safety at the carrier (in this case the liability is limited in accordance to Article 8 paragraph . 2 AC). Please note that the storage in public lockers is not considered a "transfer to Color Line for safe keeping."

15.8 Applicable law, law status
The contract of carriage is subject to German law. Litigation in connection with this contract of carriage with respect to the carriage of passengers and baggage can be decided at the discretion of the passenger by a court of a) in the courts for the place where the defendant has its domicile or its principal office, b) pursuant to Article 17 AC at the court of the departure point or destination to which the agreement relates, c) for merchants, the area of jurisdiction for both parties is Kiel.

16. Special conditions for the package travel and mini-cruise
16.1 Cancellation and changes by Color Line

CL as a shipping company reserves the right to cancel departures in case of force majeure (weather conditions, war, ice, etc.). In this case, the tour price will be refunded in full.

16.2 Changes of prices prior to the conclusion of a contract, non-use of parts of the travel route
16.2.1   CL expressly reserves the right to explain changes of the price prior to the conclusion of the contract, due to an increase in transportation costs, costs for certain services such as port or airport fees, or a change due to the exchange rate of the destination after the publication in the (Internet) catalog. The passenger is made aware of the explained changes in a timely manner before the booking is made.

16.2.2 Holiday packages and mini-cruises may not be used or exploited for the construction of one-way bookings. Unused sections in a package can not be used as a one-way ticket and will not be refunded. Failure to use a part of a travel results in CL charging an additional (higher) fee for the remaining distance, which at the time of booking would have been the price to pay for the sole booking of this travel option.

16.3 Service changes after conclusion of the contract
For necessary travel changes after conclusion of the contract which are not intentionally caused by CL, CL are permitted if the changes are not substantial and do not affect the overall form of the tour. CL will inform the traveler about significant service changes immediately after learning the reason for change.

16.4 Price changes after conclusion of a contract, rights of a traveler
CL reserves the right to change the agreed-upon travel price after conclusion of the contract in the case of an actual, subsequently occurring, and unforeseeable increase in transportation costs or costs for certain services such as port or airport fees or a change due to the exchange rate of the destination; change to an extent to which this increase has an impact on the travel price per person, if the time between conclusion of the contract and the agreed-upon travel departure date is greater than four months. A passenger is informed immediately about such a price change. A price increase that is required after the 20th day prior to the departure date is invalid.

16.5 Termination of the travel contract by CL
CL can cancel the contract without notice if the execution of the journey despite a warning by CL is permanently disturbed by the traveler or if the passenger is contrary to the contract to such an extent that a continuation of the contractual relationship until the agreed termination or expiry date is unreasonable, or otherwise strongly violates the contract. Upon such termination, CL reserves the right to the travel price minus the value of saved expenses and possibly refunds by the service provider, or similar benefits that CL obtained from other use of the unused capacity. However, CL reserves the right to the travel price. The interferer is responsible for any additional costs for the return.

16.6 Termination of the travel contract due to force majeure
If the travels are substantially impeded, endangered, or impaired due to unforeseeable force majeure upon conclusion of contract, both the traveler and CL can terminate the contract. CL can demand reasonable compensation for rendered services or travel services to be rendered. CL has to take the necessary measures, in particular, if the contract includes return transport to repatriate the traveler. The additional cost of repatriation shall be borne by the parties in equal. Moreover, the additional costs are on the traveler.

16.7 Participation obligations of travelers
16.7.1   Travelers have to report any defects immediately, either to the local tour guide or by using the phone number provided in the travel documents and ask for help there. Any failure of the traveler to notify a defect will result in no reduction of the travel price. CL can refuse help, if it involves a disproportionate effort. CL can provide help by providing an equal or better replacement service.

If a trip is substantially impaired due to a defect and CL provides no help within a reasonable time frame set by the traveler, the traveler may terminate the travel contract under the statutory provisions, a written statement is recommended. The traveler is not required to create a deadline, should the remedy be impossible or is refused by CL or if the immediate termination of the contract by a special interest of the traveler is justified.

16.7.2 The traveler is obliged to cooperate during impairment of services in the context of legal provisions to avoid or minimize damage and to notify those authorities or persons specified in the travel documents.

16.8 Liability and limits of liability of CL
16.8.1   The contractual liability of CL for damages other than personal injury, is limited in package tours per trip and traveler to three times the tour price, provided that the damage of the traveler was neither caused intentionally nor through gross negligence or if CL is responsible for any damage on a traveler solely through the fault of a service provider. For all damage claims resulting from forbidden actions directed against CL  that are not based on intent or gross negligence, the liability for damages is limited to the amount of three times the tour price per traveler and travel. The limitations of liability shall not apply to claims which are given according to the Montreal Convention for the loss of baggage.

16.8.2 CL is not liable for disruptions, injuries and property damages in connection with services that were obtained as external services (e.g. optional activities of local agencies and operators, additional trips, guides tours, sport events, special events), if those services were explicitly identified in the travel information and booking confirmation as services by third parties, that it was recognizable to the traveler that they were not part of the travel services of CL. CL however is liable for services which involve the carriage of the traveler from the advertised point of departure of the booked travel to the travel location, intermediate transport and the accommodation during the journey as well as when and to the extend of an injury to the passenger the organizational obligations as well as notes and explanations of CL had been the cause.

16.9 Exclusion of claims, claim time limits, time-bar limitations, prohibition of assignment
16.9.1 Travel Contractual warranty claims are to be claimed again CL within one months of the contractual end of the trip at the address below ((Color Line GmbH, Norwegenkai, 24143 Kiel). After the one-month period, the traveler may only be asserted if he has been prevented from meeting the deadline. Luggage damages during boat journeys must be notified immediately on location in the form of a written compensation claim of the relevant ferry company. The written notification from the traveler to the carrier is handed over a) in the case of apparent damage to luggage: (1) for cabin luggage, before or at the time of disembarkation of the passenger; (2) for all other luggage, before or at the time at which it is being returned to them; b) shall be made at not apparent damage or loss of luggage within 15 days after the date of disembarkation or delivery or from the date on which the delivery would have happened. If the passenger does not comply with this, it shall be presumed that he has received the luggage undamaged until the contrary is proved. The notice in writing is not needed if the condition of the luggage has been checked or tested together in the time of its receipt by the parties. In addition, the loss, damage, or misdirection of baggage has to be indicated to the local tour guide or CL  if the traveling contractual warranty claims are to be asserted.

16.9.2 Travel Contractual claims of the traveler according to §§ 651c to 651f BGB become time-barred for property and economic damage after a year, unless damage to the traveler was caused by a grossly negligent breach of duty by the organizer or by an intentional or grossly negligent breach of duty by an agent or a legal representative of the organizer. The period begins on the day on which the tour should be in the contract. Pending claim or claim relevant circumstances between traveler and tour operator suspend the limitation period until the customer or the tour operator refuses to continue negotiations. The limitation period shall expire no earlier than a 3 months after the end of the suspension. Tort claims and all claims for compensation for personal injuries are subject to the statutory limitation period.

16.9.3 The assignment of claims against the tour operator is excluded. This is not valid for family members.

16.10 Passport and visa requirements, health regulations
CL informs citizens of a state of the European Union, where the tour is offered, about passport and visa requirements and health formalities (e.g. police mandatory vaccinations and certificates), which are required for the journey before the conclusion of the contract and, if necessary, updates prior to departure. Citizens of other countries should contact their relevant consulate for information.

The customer is responsible for compliance with all regulations for the provision of travel itself. All disadvantages arising from non-compliance with these regulations shall be at his expense, except if the tour operator has not or badly dealt with the notification obligations. Customs and foreign exchange regulations in foreign countries must be met in particular. The customer is responsible for carrying the necessary travel documents and must be careful that his passport or identity card for travel has sufficient validity. If the customer has instructed the tour operators to apply for official documents in his name, CL is not liable for the timely issuing of these documents by German or foreign authorities, but only if it violated its own duties and has itself to blame for the delay. For passport regulations of children, CL points to 12.2

17. Contractual period, termination of the contract
17.1 This agreement shall be limited for CL's financial year 2015 (January 5, 2015 to Sunday, January 03, 2016), and is not extended automatically to other fiscal

Annex

Information according to Regulation (EC) No 392/2009 - liability of carriers of passengers by sea

Summary of the provisions on the rights of passengers in case of accidents at sea[1]

Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea is from 31 December 2012 in the countries of the European Union and the European Economic Area [2] application. It includes some provisions of the 1974 Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (as amended by the Protocol of 2002).

The Regulation applies to all carriers that carry out international transport, including transport between EU Member States and certain types of domestic movements provided

  • the ship flies the flag of a Member State or is registered in a Member State, or
  • the contract of carriage was made in a Member State, or
  • departure and/ or destination lay in a Member State under the contract of carriage.

It regulates the liability of the carrier for passengers, their luggage and their vehicles and for mobility equipment in case of accidents.

This Regulation shall not prejudice the right of the carrier, their accident liability in accordance with the 1976 Convention on Limitation of Liability for Maritime Claims in the applicable and amended by the Protocol of 1996.

The term accident as defined in this Regulation refers to both "shipping incidents," [3] and other events occurring during the transport.

RIGHTS OF PASSENGERS

Entitled to compensation for death or personal injury
Shipping incident: the traveler is in any case entitled to compensation form the carrier or the insurer of the carrier up to the amount of 250 000 SDR[4], except in circumstances which are beyond the control of the carrier (e.g. act of war, natural disaster, act of a third party).  Maximum granted claims are in the amount of 400 000 SDR, unless the carrier proves that the result occurred without his fault.

Other event than a shipping incident: The traveler is entitled to compensation from the carrier or the insurer of the carrier up to an amount of 400 000 SDR, if he proves that the event is due to a fault of the carrier.

Entitled to compensation for loss of or damage to cabin luggage
Shipping incident: The traveler is entitled to compensation from the carrier up to the amount of 2 250 SDR, unless the carrier proves that the incident occurred without his fault.

Other event than a shipping incident: The traveler is entitled to compensation from the carrier or the insurer of the carrier up to the amount of 2 250 SDR, if he proves that the event is due to a fault of the carrier.

Entitled to compensation for loss of or damage of luggage other than cabin luggage
The traveler is entitled to compensation from the carrier up to the amount of 12 700 SDR (vehicles, including carried in or on the vehicle luggage) or 3375 SDRs (other luggage), unless the carrier proves that the event occurred without his fault.

Entitled to compensation for loss of or damage to valuables
The traveler shall only be entitled to compensation from the carrier up to the amount of 3375 SDR for loss of or damage to monies, negotiable securities, gold, silver, jewelery, ornaments and art objects when these have been deposited with the carrier for safe storage.

Claim of a passenger with reduced mobility of compensation for loss of or damage to mobility equipment or other specific equipment
Shipping incident: The traveler is entitled to compensation from the carrier according to the replacement or repair cost of the equipment, unless the carrier proves that the incident occurred without his fault.

Other event than a shipping incident: The traveler is entitled to compensation from the carrier according to the replacement or repair cost of the equipment concerned, if he proves that the event is due to a fault of the carrier.

Entitlement to an advance payment for a shipping incident
In case of death or injury to a passenger he or any other person entitled to receive a payment is entitled to an advanced payment to cover immediate economic needs. The advance payment shall be calculated on the basis of the damage, shall be made within 15 days and is at least € 21,000 in in case of death.

PROCESS & OTHER

Written claim
In case of damage to cabin luggage or other baggage, the traveler must indicate the damage to the carrier in time [1] in writing. If the traveler fails to do so, he loses his claim for damages.

Deadlines for the enforcement of passenger rights
In general, all claims for compensation must be made within two years to the competent court. The start of the limitation period may be different depending on the type of loss.

Exclusion of liabilities
The carrier's liability may be limited if he can prove that the death of or personal injury to a passenger or the loss of or damage to his luggage through the fault of the passenger himself was caused or contributed to by himself.

The limitations of the different amounts of damages shall not apply if it is proved that the damage resulted from an act of the carrier or an employee or agent of the carrier or of the performing carrier is due to committed either with intent to cause such damage, or in the knowledge was that such damage would probably result.

[1] Summary in accordance with Article 7 of Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea (OJ L 131, 28.5.2009, p.24).

[2] The Regulation applies after the decision of the EEA Joint Committee No 17/2011 (OJ L 171, 30.06.2011, p 15) in the EEA countries, after all relevant communications from the affected EEA countries are present.

[3] "Shipping incidents" in accordance with this regulation include Shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect of the ship. All other events occurring during carriage shall apply for purposes of this summary as "other events".

[4] Loss or damage caused by an accident are calculated on the basis of "units of account"; These are "Special Drawing Rights" (SDRs) for the Member States of the International Monetary Fund (including all EU Member States). Information and rates for SDR can be found on the following website: http://www.imf.org/external/np/exr/facts/sdr.htm. On November 262012 was 1 SZR = 1,18 EUR.

[5] In case of apparent damage to cabin luggage, the claim must be done by the passenger before or at the time of disembarkation, for all other luggage, before or at the time at which it is being returned to them. When damage is not apparent or at loss of luggage, a written notification is due within fifteen days from the date of disembarkation or re-delivery (or - in case of loss - after the date on which the delivery should have planned to take place).