TRANSPORT CONDITIONS APPLIED TO PASSENGERS, LUGGAGE AND VEHICLES CARRIED ON A VESSEL
The following Transport Conditions are applied to vessels used by Kristina Cruises
Definitions:
a) Carrier
Kristina Cruises Oy
Kirkkokatu 16
48100 KOTKA, FINLAND
b) Passengers
Any person who is or will be carried by a vessel where these Transport Conditions are applied.
c) Luggage
Any object, including a vehicle, which is carried for a passenger except under a charter party or a bill of lading or other document normally used for the carriage of goods.
d) Hand luggage
Any luggage which a passenger keeps in the cabin or which is otherwise in the passenger’s custody or control.
e) SDR
The Special Drawing Right as defined by the International Monetary Fund. The value of the national currency, in terms of the Special Drawing Right, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect on the date in question for its operations and transactions.
The Contract of Carriage is concluded between the Carrier, Kristina Cruises Oy, and the passenger specified on the ticket. These conditions of carriage are primarily applicable when the General terms for package tours, the special terms issued by Kristina Cruises and/or travel conditions issued by Kristina Cruises will apply.
Passengers liability / obligations
The passenger shall observe any applicable safety and security regulations on board the vessel during the carriage. A person appointed by the Master, for instance a watchman, is responsible that these regulations are followed. The Carrier reserves the right to refuse to carry a passenger who may pose a danger to others or who may otherwise restrict passengers’ rights or inflict costs on the Carrier. The Carrier may refuse to carry persons who are intoxicated or act in disorderly manner. All possible costs or liabilities due to any actions taken by the carrier as outlined above shall be carried by the passenger.
If the passenger does not commence the voyage or discontinues it, the fixed fare is payable nevertheless. If the passenger has fallen ill or if he has some other reasonable cause for not commencing or completing the trip the fare is refundable provided that the Carrier has been notified in reasonable time,. However in that case the office expenses informed by the carrier as well as the share of the fare equitable to the commenced part of the voyage will be deducted from the refund.
If a passenger should not embark the Vessel at the scheduled time of departure, the Master may sail the Vessel without the missing passenger without liability of any kind on the part of the Carrier.
A passenger is liable for the furnishing and equipment of his cabin during the whole voyage.
A passenger is liable for all damages he has caused to the vessel or its furnishing and equipment as well as damage caused to the carrier.
Restrictions concerning luggage
The Carrier retains the right to limit the amount of luggage carried. The Carrier has the right to refuse to carry luggage or hand luggage which may impose a hazard to the vessel or other passengers. A passenger shall notify the Carrier of any luggage of such nature. The Carrier is entitled to carry ashore, render innocuous or destroy any such luggage at the expense of the passenger and without any obligation to compensate the damage.
A passenger is not allowed to bring any live animals onboard without a written consent from the carrier.
For security reasons, the Carrier always has the right to inspect a passenger’s luggage, hand luggage and vehicles at the terminal and/or onboard the vessel.
A passenger is liable to fully indemnify the Carrier for the potential delay of a vessel or other additional expenses caused by the carriage of smuggled or other illegal goods.)
The Carrier is not liable for loss of moneys, securities or other luggage of particularly high value if these have not been received for safekeeping by the Carrier.
Carrier’s liability
The Carrier is liable for personal injury or death of a passenger if that was caused by the fault or neglect of the carrier or anyone for whom he is responsible. The same applies to a delay caused to a passenger or the passenger’s luggage.
A passenger shall prove that an injury or loss of or damage to luggage has taken place during the voyage and that the Carrier has caused the damage through his fault or negligence. The passenger shall also prove the extent of the damage.
The Carrier has no liability to indemnify consequences caused by reasons of a Force Majeure nature. These include (not excluding any others) reasons such as technical faults, weather conditions, and traffic hindrances.
The Carrier, if he is liable to indemnify, has the right to limit his liabilities as follows:
a) Death and personal injury shall not exceed SDR 175,000 for each passenger.
b) For delay to a passenger shall not exceed SDR 4,150 for each passenger.
c) Loss of or damage or delay to hand luggage shall not exceed SDR 1,800 for each passenger.
d) Loss of or damage or delay to a vehicle shall nor exceed SDR 10,000 for any vehicle.
e) Loss of or damage or delay to other luggage shall not exceed SDR 2,700 for each passenger.
f) Loss of or damage or delay to valuable luggage received for safekeeping shall not exceed SDR 6,750 for each passenger.
The limitation amounts apply per voyage and the Carrier is always entitled to the statutory global limitation in accordance with the applicable law.
In accordance with the applicable law, the Carrier has the right to deduct the following own risks from the indemnity:
a) SDR 150 for each damaged vehicle
b) SDR 20 for damage to other luggage
c) SDR 20 for loss caused by delay.
The Carrier is not liable to indemnify in the following cases:
a) In the case of injury or delay of a passenger, for the time before embarkation on and/or after the disembarkation from the vessel.
b) For the loss or delay of or damage to hand luggage, including goods carried in or on a vehicle, for the period of time before the hand luggage was taken to the vessel and/or after it was taken ashore
c) For loss, delay or damage which has been caused by an event occurring during a transport stage by another shipowner, if it has been agreed or explicitly provided that the transport is carried out in full or to a certain extent by a shipowner other than the specified Carrier. This is also applicable when the passenger has the right to use another carrier.
The above including the limitation of liability also apply to persons for whom the Carrier is responsible. These include (not excluding any others) the officers and crew of the vessel, agents, and stevedores.
The Carrier has the right to make changes to the schedules and deviate from the intended route without advance notice on account of reasons of a Force Majeure nature. The Carrier has also the right to carry out the voyage on a vessel other than the one specified in advance.
A passenger shall inform the Carrier of damage immediately. If no action is brought, the claims expire as follows:
a) For a death or personal injury or for delay in the carriage of passengers within two years after disembarking the vessel. For a death occurring after disembarkation, within two years after the death but not later than three years from the disembarkation.
b) For loss of or damage to luggage or hand luggage, an expiry time of two years after disembarkation.
Jurisdiction
Any dispute arising under or in relation to this Contract of Carriage shall be subject to the exclusive jurisdiction of
a) The City court of Kotka, marine department, in Finland
b) Or another competent maritime court located at the port of departure of arrival as mentioned in the contract of carriage.
Applicable law
The Finnish Law and the Finnish Maritime Act are applicable to all aspects of the Contract of Carriage.
IN KOTKA, FINLAND,
KRISTINA CRUISES OY LTD
We reserve the right for changes.
