Effective from January 1, 2017
Carrier’s liability for passengers and luggage
The terms and conditions of carriage are supplemented by the Norwegian Maritime Act of June 24, 1994 no. 39, chapter 15.
1. Responsibility for passengers and luggage
The Carrier is obliged to compensate for losses caused by the death of a passenger or injury to a passenger (personal injury) during carriage due to a maritime incident, including shipwreck, collision, stranding, explosion, fire or failure of the ship. The Carrier’s liability is limited to SDR 250,000 per passenger. If the maritime incident is due to fault or negligence on the part of the Carrier or someone for whom the Carrier is responsible, the liability is limited to SDR 400,000 per passenger.
The Carrier is obliged to compensate for loss caused by the death of or injury to a passenger during carriage as a result of fault or negligence on the part of the Carrier or someone for whom the Carrier is responsible, and which is not due to a maritime incident. The liability is limited to SDR 400,000 per passenger.
The carrier is obliged to compensate for losses resulting from luggage being lost or damaged during carriage if the event causing the loss is due to fault or negligence on the part of the carrier or someone for whom the carrier is responsible. The same applies to losses resulting from delays in the carriage of passengers, or the carriage or delivery of luggage.
For money, securities and other valuables, such as gold, silver, jewels, jewelry and works of art, the carrier is not liable unless they have been 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 conditions of carriage, as for luggage. The vehicle with trailer or caravan, etc. is regarded as one vehicle in accordance with the rules on the carrier’s liability and limitations of liability.
A consignment note must be issued for vehicles that are mainly used for the carriage of passengers and which, in each individual case, are used for the carriage of goods. In such cases, the carrier’s liability is governed by the “Conditions of carriage for domestic goods transport”.
3. Responsibility for transfer equipment
If the Carrier by fault or neglect has caused loss or damage to mobility equipment or other special equipment used by a disabled person or a person with reduced mobility, the Carrier shall pay compensation corresponding to the replacement value of the equipment in question or, if it is possible to repair the equipment, corresponding to the repair costs.
4. Safety regulations. Prohibition of dangerous cargo
Passengers must not carry dangerous objects or substances without the carrier’s knowledge. For some objects and substances, the carrier’s permission is also required. Hazardous objects and substances include anything that is flammable, corrosive or explosive, such as
e.g. fireworks. If the passenger is unsure of the rules that apply to the object or substance being carried, the carrier must be contacted.
For vehicles and caravans equipped with a gas system, the main valve for the system must be shut off and all devices such as refrigerators, etc. must be turned off while the vehicle is on board.
5. Disclaimer of liability
The Carrier is not liable according to the rules in section 1 in the following cases:
a) For personal injuries and delays occurring before the passenger boards the ship and after he has come ashore, unless it concerns sea transport between the ship and land which is included in the ticket price or is carried out by means of transport provided by the carrier.
b) For hand luggage that is not in or on the vehicle carried, for the time before the goods are brought on board and after they have been brought ashore, unless the transport is by sea as mentioned in (a) or for the time the carrier is in charge of the goods while the passenger is on the quay or at a terminal or other facility in the port.
c) For live animals sent as luggage.
d) If it has been agreed or clearly presupposed that a certain part of the transport
is to be carried out by a named sub-carrier, the carrier shall not be liable for loss caused by events occurring while the goods are in the custody of the sub-carrier.
The carrier is not liable for loss or damage caused by the passenger or a third party.
The above also applies if the claim against the carrier is not based on the contract of carriage.
6. Limitation of the carrier’s liability
Liability for personal injury shall not exceed 400,000 SDRs for each passenger.
The liability for delay in carriage of the passenger shall not exceed 4,694 SDRs.
Liability for loss resulting from loss, damage or delay of baggage shall not exceed:
a) 2,250 SDR per passenger for loss relating to hand luggage;
b) 6,750 SDR per passenger for loss relating to valuables received for safekeeping;
c) 12,700 SDR per vehicle, including any trailer
d) 3,375 SDR per passenger for loss relating to other luggage.
The amounts in the first, second and third paragraphs apply to each journey.
By written agreement between the passenger and the carrier, higher limits of liability may be stipulated.
The rules concerning the carrier’s objections and the limits of the carrier’s liability apply even if the claim is not based on the contract of carriage.
The rules also apply correspondingly if the claim is directed against someone for whom the carrier is responsible and the person in question proves to have acted in the course of duty or to complete the assignment.
7. Passenger’s excess
The Carrier is entitled to deduct from the loss incurred up to:
a) 330 SDR per vehicle in case of damage to the vehicle:
b) 149 SDR per passenger in case of loss or damage to other luggage;
c) 20 SDR per passenger in case of loss due to delay.
8. Deck loading of luggage
The Carrier reserves the right to transport luggage, including vehicles on tires.
9. Rescheduling of routes and use of ships. Mutual right of cancellation
The Carrier reserves the right to make deviations from the route with regard
to stated stopping places or their mutual order. Similarly, he may fulfill the contract of carriage with another ship of the same standard than indicated without effect on the ticket price.
If a suitable ship cannot be obtained after a breakdown, the freight agreement will be canceled against full refund of the ticket price for the route in question.
If the passenger does not join the journey or interrupts it, the carrier is entitled to the agreed remuneration unless the passenger is dead or prevented
from traveling due to illness or other reasonable cause and the carrier is notified without undue delay.
10. Obsolescence
The Carrier’s liability for personal injury or for delay is subject to a limitation period of 2 years from the day the passenger left the ship. If death has occurred after disembarkation, the time limit is 2 years from the date of death, but not more than 3 years from disembarkation.
Liability for luggage expires 2 years from the day the passenger left the ship or the luggage was brought ashore or handed over.
11. Choice of Law and Jurisdiction
The carriage is subject to the Norwegian Maritime Act of June 24, 1994 No. 39.
Legal action in connection with the carriage may only be brought before a court:
a) at the place where the defendant is domiciled or has its principal place of business,
b) at the place of departure or destination under the contract of carriage,
c) in the State where the plaintiff is domiciled, if the defendant has a place of business in that State and may be sued there, or
d) in the State where the contract of carriage was concluded, if the defendant has a place of business in that State and may be sued there.
After a dispute has arisen, the parties may agree that it shall be dealt with by another court or by arbitration.
SDR (Special Drawing Rights) refers to the special drawing rights established by the International Monetary Fund. The value of 1 SDR is included in the daily lists of exchange rates from the banks.