Conditions of carriage
Carrier's responsibility for passengers and luggage.
The conditions of transport are completed by the Maritime Shipping Act of 24 June 1994 No. 39, Chapter 15.
Effective January 1, 2017
1. Responsibility for passengers and luggage.
The carrier is obliged to compensate for losses caused by the death of a passenger or will be damaged (personal injury) during carriage due to maritime incident, including shipwreck, collision, stranding, explosion, fire or failure of the ship. The carrier's liability is limited up to 250,000 SDRs per passenger. If the maritime incident is caused by errors or negligence on the part of the carrier or someone responsible for it, the liability is limited to 400,000 SDRs per passenger.
The carrier is obliged to compensate for losses that are caused by the death or injury of a passenger during the carriage as a result of errors or neglect by the carrier or anyone responsible for this, which is not due to a maritime incident. Liability is limited up to 400,000 SDRs per passenger.
The carrier is obliged to compensate losses as a result of lost luggage or damage during the carriage if the event causing the loss is due to errors or neglect on the part of the carrier or someone responsible for it. The same applies to losses arising from delays in the carriage of passengers or the carriage or delivery of luggage. For money, securities and other valuables such as gold, silver, jewelry, jewelry and artifacts, the carrier is not liable unless they are received by him for safekeeping.
2. Responsibility for vehicles.
The passenger's vehicle, with any trailer or caravan etc., follows the same rules, unless otherwise stated in these transport conditions, as for luggage. The vehicle with trailer or caravan etc. is considered as one vehicle according to the rules on the carrier's liability and limitations of liability.
For vehicles that are mainly used for passenger transport and which in each case are used for the carriage of goods, a shipping letter shall be issued. In such cases, the carrier's responsibility follows from "Transport conditions for domestic freight transport".
3. Responsibility for moving equipment.
If, in the event of failure or neglect, the carrier has caused loss or damage to moving equipment or other special equipment used by a person with disabilities or a person with reduced mobility, the carrier shall pay compensation corresponding to the replacement value of the equipment concerned or if it is possible to repair the equipment., corresponding to the repair costs.
4. Safety regulations. Prohibition of dangerous cargo.
Passengers should not carry dangerous objects or substances without the carrier's knowledge. For some items and substances, the carrier's permission is also required. Hazardous objects and substances are specifically referred to as flammable, corrosive or explosive which eg. fireworks matters. If the passenger is unsure of the rules that apply to the item or substance being carried, the carrier must be contacted. In the case of vehicles and caravans equipped with gas installations, the following applies in particular main valve for the plant must be shut off and all devices such as refrigerator, etc. must be switched off while the vehicle is on board.
5. Disclaimer.
The carrier is not liable under the rules of paragraph 1 in the following cases:
a) For personal injury and delay occurring before the passenger boards and after he has landed, unless it is a sea transport between the ship and land included in the fare or carried by means of transport provided by the carrier.
b) For hand luggage that is not in or on the carrying vehicle for the time before the goods are brought on board and after they have been brought ashore, except in the case of sea transport as mentioned in (a) or for the time the carrier is in charge of the cargo while the passenger is at the dock or at a terminal or other facility in port.
c) For live animals sent as luggage.
d) Is it agreed or clearly provided that a specific part of the transport to be performed by a named sub-carrier, the carrier is not responsible for losses incurred in the event that occurs while the cargo is in the custody of the sub-carrier. The carrier is not liable for any loss or damage caused by the passenger himself or any third party.
The above also applies if the claim against the carrier is not based on Contract of Carriage.
6. Limitation of carrier's liability.
Liability for personal injury shall not exceed SDR 400,000 for each passenger. The liability for delay in carrying the passenger shall not exceed4,694 SDR.
Liability for loss due to lost, damaged or damaged luggage has been delayed shall not exceed:
a) SDR 2,250 per passenger losses for hand luggage;
b) SDR 6,750 per Passages for losses relating to valuables received for safe keeping;
c) SDR 12,700 per vehicles, including any trailers;
d) 3,375 SDRs per Passages for losses relating to other luggage.
The amounts in the first, second and third paragraphs apply to each trip. By written agreement between the passenger and the carrier, higher limits of liability may be set. The rules on the carrier's objections and the limits of the carrier's liability apply even if the requirement is not based on the transport agreement. The rules also apply correspondingly if the claim is addressed to some carrier responsible for and proves that he has acted in the service or to complete the assignment.
7. Passenger's deductible.
The carrier is entitled to make a deduction in the loss incurred up to:
a) 330 SDR per vehicle in case of damage to vehicle:
b) 149 SDRs per passenger in the event of loss or damage to other luggage;
c) 20 SDRs per passenger in case of loss due to delay.
8. Deck loading of luggage.
The carrier reserves the right to carry luggage, including vehicles on tires.
9. Changing routes and use of ships. Mutual cancellation right.
The carrier reserves the right to depart from the route with regards to stated stops or their order. At the same time he can fulfill the freight agreement with another ship of the same standard as stated without effect for the fare. If a suitable ship cannot be obtained after a breakdown, the freight agreement is canceled against full refund of the ticket price for the relevant journey. If the passenger does not join or cancel the journey, the carrier has the right to the agreed remuneration unless the passenger is dead or hindered in case of illness or other reasonable cause and the carrier is informed without undue delay.
10. Obsolete.
The carrier's liability for personal injury or for delay becomes obsolete 2 years from the day the passenger left the ship. Has death occurred after the ascent, the deadline is 2 years from the date of death, but no more than 3 years from the passenger left the ship. Liability for luggage becomes obsolete 2 years from the day the passenger left the ship or the luggage was brought ashore or delivered.
11.Choice of law and venue.
The promotion is governed by Norwegian Maritime Law of June 24, 1994 No. 39.
Proceedings in connection with the promotion can only be brought in court,
(a) at the place where the defendant has his place of residence or place of business;
(b) at the place of departure or destination according to Contract of carriage,
(c) in the State in which the Plaintiff resides, if the Defendant has a place of business in that State and may be sued there; or
(d) in the State in which the contract of carriage was entered into, if the defendant has a place of business in that State and can be sued there. After a dispute has arisen, the parties may agree that it be processed by another court or by arbitration.
Special Drawing Rights (SDR) means the special drawing rights set by “Det internasjonale valutafond.”
The value of 1 SDR is included in the daily lists of exchange rates from the banks.
Sjøfartsdirektoratet (The Norwegian Maritime Directorate) is the national supervisory body. In consumer matters, passengers can file a complaint to the Maritime Passenger Complaint Handling Body.
Contact information to Sjøfartsdirektoratet; The Norwegian Maritime Directorate:
Postboks 2222
5509 Haugesund
Telefon 52 75 50 00
Contact information to The Maritime Passenger Complaint Handling Body:
Norsk Reiselivsforum (NRF)
Transportklagenemnda
Øvre Slottsgate 18-20
0157 Oslo
Telefon: 22 54 60 00