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General Conditions of Carriage for Ferry Crossings

The carriage of passengers, baggage, and vehicles is subject to the following terms and conditions of passenger carriage of Color Line. For freight transport the provisions of the shipping company for bills of lading apply.

General Terms and Conditions of Transport for Ferry Crossings

1. Scope of application
The transport of passengers, luggage and vehicles takes place subject to the following Terms and Conditions of Passenger Transport of Color Line AS Oslo (CL) as the company executing the ferry crossings. Cargo transport is subject to the provisions of the shipping company’s bill of lading. Group tours are subject to the General Terms and Conditions of Transport and Travel for group tours. CL is represented in Germany by Color Line GmbH, Kiel, which is the direct contact for passengers and represents CL in all legal matters in Germany.

2. Booking and conclusion of an agreement, booking confirmation, ferry crossing
2.1 By booking a trip, the passenger submits a binding offer to Color Line (CL) for the conclusion of a transport agreement based on these General Terms and Conditions of Transport. The booking may be completed verbally, by telephone, in writing (post, fax) or electronically (by email, Internet). The person booking the trip does so for all the passengers named on the booking form, for whose contractual obligations the person making the booking is liable as for their own contractual obligations if he or she has assumed this obligation by means of a separate, express declaration. The passengers’ full names, gender, nationality and ages must always be stated.

2.2 Vehicle reservations must include the vehicle model, length and height (including roof rack if applicable) as well as the total length including the tow bar for vehicles with trailers. A cabin must be booked on the route Kiel – Oslo – Kiel. Only vehicles accompanied by drivers will be transported. All luggage must only contain personal items. Furniture, exhibition material, etc. must be declared and registered with Color Line Cargo for transport.

2.3 A transport agreement is concluded when the booking is accepted by CL, and CL will inform the passenger of this by means of the booking confirmation. This is sent to the passenger directly by email or post or via the travel agency.

2.4 When purchasing a trip from Color Line in Germany, Denmark, Norway, etc., the pricing in the timetable of the respective country applies.

3. Payment
3.1 The ticket price must be paid in full immediately after the conclusion of the agreement. If the payment of the ticket price by the passenger is not made or not made in due time, CL is entitled after sending a reminder and setting a reasonable period for the payment to withdraw from the agreement and to refuse the transport.

3.2 The passenger may pay for the transport by bank transfer, SEPA direct debit scheme or credit card.

3.2.1 In order to pay using the SEPA direct debit scheme, passengers must submit a SEPA direct debit mandate (direct debit order) according to the requirements of CL and in particular state their bank details and address and thus give their consent to the direct debit scheme. The deposit and balance payments will then be debited on the due dates provided the secured payment certificate has been supplied. In the case of doubt, as pre-notification to the passenger the booking confirmation will be considered to be a contractual document. CL and the passenger will agree on a period of one day for the pre-notification. The passenger must ensure that there is sufficient coverage for the debit in the bank account. In the event of a reversal of the direct debit for reasons for which the passenger is responsible, and if a payment is not honoured in due time, the passenger will be in arrears of payment and CL will be entitled to charge the resulting damages as damages caused by delay.

3.2.2 If passengers choose to pay by credit card, they will grant the authorisation to debit their credit card account during the booking process. Even if the passenger has selected this payment method and CL has included the status "paid" in the booking confirmation, a payment made by the passenger will be deemed a provisional payment until it is certain that the amount which CL has debited from the credit card account of the passenger is not reversed in full or in part, or its repayment has not been asserted in any other way. In the event of a reversal of the payment for reasons for which the passenger is responsible, and if a payment is not honoured in due time, the passenger will be in arrears of payment and CL will be entitled to charge the resulting damages as damages caused by delay

4. Changes to services after the conclusion of an agreement
CL expressly reserves the right to make changes to essential travel services (e.g. times of departure and arrival, travel routes) that become necessary after the conclusion of an agreement if it does not do so in bad faith to the extent that these changes are not substantial and do not affect the overall nature of the booked trip. The times of departure and arrival stated in the timetable may be postponed for weather-related reasons and CL reserves the right to change the scope of services in this event.

5. Changes to prices before and after the conclusion of an agreement
5.1 CL expressly reserves the right to change the ticket price before the conclusion of an agreement due to an increase in transport costs, charges for specific services such as harbour fees, or due to changes in the exchange rates applicable to the respective trip after the publication of the (Internet) catalogue. The passenger will be notified of any changes in good time before a booking.

5.2 In the case of an actual subsequent increase in transport costs or charges for specific services which was not foreseeable at the time of conclusion of the agreement, such as harbour fees, or changes to the exchange rates applicable to the respective trip, CL reserves the right to change the agreed ticket price after the conclusion of the contract for travel to the extent to which the increase in these costs per person affects the ticket price, provided there are more than four months between the conclusion of the agreement and the agreed departure. The passenger will immediately be informed of any such changes. A price increase demanded from the 20th day before the agreed departure date is invalid.

5.3 In the case of a price increase of more than 5% of the ticket price or a significant change to an essential travel service, the passenger is entitled to withdraw from the contract for travel at no charge, or to request participation in a trip which is at least equivalent in value if CL is able to offer such a trip from its range without additional costs for the passenger. The passenger must assert these rights against CL immediately upon receipt of CL's notification of the price increase or of the changes to the travel service respectively.

6. Cancellation by the passenger
6.1 The passenger may cancel the trip at any time before the departure. In the interest of the passenger (preservation of evidence) and to avoid misunderstanding, the cancellation should be made in writing. Notice of cancellation is effective from the date of receipt by CL.

6.2 If the passenger withdraws from the transport agreement for reasons for which CL is not responsible and which do not result from force majeure, CL is entitled to request reasonable compensation for the travel arrangements made and its expenses.

The following conditions apply:

6.2.1 Economy tariff
The compensation to be paid to CL corresponds to the ticket price at the economy tariff and will be retained in full.

6.2.2 Flex tariff
Up to 24 hours before departure no compensation is due. The ticket price will be reimbursed in full. From 24 hours before departure, compensation is due in the amount of the full price of the trip.

The passenger is entitled at all times to present evidence that CL has not incurred damages or has only incurred damages in a substantially lower amount than that of the aforementioned fixed rates.

6.3 CL reserves the right to claim higher, precisely defined compensation in place of the flat rates laid down in Section 6.2 and, in this case, will provide precise figures and documentation for the compensation requested taking account of saved expenses and any alternative use of the travel services.

6.4 We recommend that all customers take out travel insurance.

7. Rebooking
7.1 Re-bookings can take the form of changes to the departure date, destination, place of departure, accommodation or type of transport. The passenger does not have a legal entitlement to make changes to bookings.

7.2 If nonetheless as far as is feasible changes are made to bookings at the request of the passenger, CL may request compensation in the form of a rebooking fee as follows:

7.2.1 Economy fare
In addition to a possibly higher ticket price, a flat rate handling charge of € 90.00 per change is payable. This must be paid without delay.

7.2.2 Flex fare
Bookings may be changed at any time without incurring any obligation to pay compensation. The cost difference to a higher ticket price must be paid by the passenger immediately.

In respect of all compensation the passenger is entitled to present evidence that CL has not incurred damages or has only incurred damages in a substantially lower amount than that of the respective flat rates.

8. Substitute passenger
Until the date of departure, the passenger may request that a substitute person assume the rights and obligations arising from the contract for travel on their behalf, and must notify CL of this person in good time beforehand. CL may object to the admission of this person if they do not meet the special travel requirements or their participation is opposed by statutory provisions or official orders. The substitute party entering the agreement and the original passenger will be jointly and severally liable to CL for the ticket price and all additional costs incurred by the admission of the third party. CL may request a fixed sum of € 30.00 for these additional costs. The original passenger and the substitute party are entitled at all times to present evidence that CL has not incurred damages or has only incurred damages in a substantially lower amount than that of the flat rates.

9. Luggage and cargo, hazardous materials
Each passenger is allowed to take with them 50 kg of luggage or ½ cubic metre in addition to any luggage stored in a vehicle. Furniture, boxes, oversized suitcases, etc. are treated as cargo. The respective freight tariff must be paid for such items.

Hazardous materials such as flammable, acidic or radioactive hazardous substances can strictly only be transported with the permission of CL. In the case of infringement, the passenger will be liable for any resulting damage.

10. Motor homes
The gas supply in a motor home must be turned off without fail during a crossing. The correct condition will be checked during boarding.

11. Weapons
Carrying / transporting weapons of any kind on board is prohibited.

12. Security checks
For safety reasons, a possible search / check of persons, luggage and vehicles must be permitted before boarding. If a passenger refuses this, the shipping company has the right to refuse transport without any refund of the ticket price.

13. Transport of live animals
Live animals can only be transported subject to special prior agreement. Dogs and cats are transported on the customer’s own responsibility in their vehicle or in a cage on the car deck, at a cost of € 6 or € 12 respectively per animal per route. Please note that Norway has strict regulations on the transport of live animals. More information can be provided by Norwegian consulates or embassies outside of Germany. The animal must not be taken outside of the car deck area, e.g. into a cabin or into public areas of the ship. For more information on vaccinations, identification, etc., please contact the Norwegian consulate, German embassies in foreign countries or visit www.mattilsynet.no.

14. Liability and limitation of liability of CL as the carrier, replacement service in the case of personal / material damages
14.1 In the event of death or personal injury to passengers as well as loss of or damages to luggage and deductibles, CL’s liability as the shipping company for all claims for damages arising from maritime accidents is limited to the provisions of the Athens Convention of 2002 (AC) as amended, including the associated protocols (currently provisions laid down in Articles 3, 5, 7 and 8 CA). The excess permitted in accordance with Article 8 (4) AC is applicable. Any partial liability of the passenger must always be taken into consideration. In cases beyond the scope of application of the AC, CL assumes liability according to the provisions of the Norwegian admiralty law and other Norwegian provisions on compensation for damages. According to these provisions, a carrier is not liable if it cannot be held at fault for damage. In any other case, please refer in particular to the provisions on limitation of liability as well as the passenger's excess.

Information on the liability and limitation of liability of CL is available at www.colorline.de/haftung.

14.2 Color Line will not assume liability for events occurring before the passenger boards the ship or after they have left it. The same applies to hand luggage carried by the passenger. Color Line is not liable for live animals transported as luggage. CL is not liable for damage arising during transport on ships which is executed by another carrier. According to Norwegian provisions on compensation, the passenger must bear the cost of damages caused by the passenger or by a person for whom the passenger is responsible.

14.3 A joint loss is regulated in Oslo in accordance with the York-Antwerp Rules of 1994, including later amendments.

14.4 CL is not liable as a carrier for loss of or damage to cash, negotiable securities or other valuables such as gold, silver, jewellery, works of art, electronic or similar items unless they have been handed to the carrier for safekeeping (in this case, liability is limited pursuant to Article 8 (2) CA). Please note that storage in public lockers does not count as “handover to Color Line for safekeeping”.

15. Transport of children and adolescents
15.1 Children and adolescents travelling alone
The transport of children and adolescents below the age of 16 travelling alone is excluded. They can only travel in the company of a legal guardian / legal representative. The representative guardian must have an age of minimum 20 years.

15.2 Children under the age of 18
The transport of children and adolescents below the age of 18 travelling alone is excluded. They can only travel in the company of a legal guardian / legal representative. The representative guardian must have an age of minimum 30 years.

Since 26 June 2012, entries of children in their parents’ passports have no longer been valid and no longer entitle the child to cross the border. Therefore all children must have their own travel document (from birth) for travelling abroad. Travel documents for children include child passports, passports and identity cards.

15.3 Denmark-Norway-Sweden
Kristiansand/Larvik – Hirtshals
Ferry Crossings: age of 16 or more
Ferry Crossings with back on same day – departure before 4 pm: age of 18 or more
Ferry Crossings with back on same day – departure after 4:30 pm: age of 20 or more

Sandefjord – Strömstad
Ferry Crossings: age of 16 or more
Ferry Crossings with back on same day – departure before 4 pm: age of 18 or more
Ferry Crossings with back on same day – departure after 4:30 pm: age of 20 or more

IMPORTANT: If a child is not travelling with its legal guardians, a declaration of consent by the legal representative(s) (legal guardians) must be carried together with a copy of the representative's identity card.

16. Boarding
Travellers must themselves ensure that they arrive at the terminal punctually for check-in with their vehicle by the time indicated in the booking confirmation.

KIEL – OSLO: Passengers arriving with their own vehicle should make this available no later than 120 minutes before departure. Passengers without a motor vehicle should arrive no later than 60 minutes before departure.

DENMARK – NORWAY: Guests with and without a vehicle should arrive no later than 60 minutes before departure.

Each motorist is responsible for parking their vehicle in the place assigned, securing it in the lowest gear with the handbrake applied and locking it properly.

17. Travel documents
All passengers must have a valid identity card or passport, which must be presented on request. All vehicles must have a nationality plate. Travellers with a motor vehicle need a green insurance card and a licence. Vehicle users are recommended to contact their insurance company prior to departure in order to enquire about the latest regulations applicable to vehicles when travelling abroad.

18. Data protection
Personal data which the passenger provides to CL is processed electronically and used to the extent necessary for the conclusion, implementation or termination of the contract for travel with the passenger, and for looking after passengers. CL complies with the provisions of the German Federal Data Protection Act for the collection, processing and use of personal data.

Customers may access their saved data, obtain information on this, and have this changed or deleted at any time. Travellers may also object to the use or processing of their data for the purposes of advertising, market or opinion research by sending a message to servicecenter@colorline.de. Data is not transmitted to unauthorised third parties.

19. Applicable law, place of jurisdiction
The transport agreement is subject to German law. Legal disputes related to this transport agreement with regard to the transport of passengers and luggage can be settled at the passenger's discretion pursuant to Article 17 AC in the following locations: a) before the court competent for the defendant's place of residence or head office, b) before the court competent for the place of departure or of destination specified in the agreement, or c) for business persons, the place of jurisdiction for both contracting parties is Kiel, Germany.

20. Carrier
Color Line AS, Color Line Terminalen, Hjortnes, N-0250 Oslo,

represented by Color Line GmbH Germany, Norwegenkai,

D-24143 Kiel, Managing Director: Dirk Hundertmark

Email: servicecenter@colorline.de, Internet:

www.colorline.de

As of January 2018

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).