TT-Line GmbH & Co. KG, hereinafter referred to as "TT-Line", conveys passengers, persons with automobiles, other vehicles and luggage only subject to the following Terms and Conditions of Transport. To the extent that transportation is partly effected on vessels of other shipping companies, the part in question shall be subject to the general terms and conditions of transport of such other shipping companies.
The headings in these General Terms and Conditions are merely intended to facilitate a general overview and shall have no bearing whatsoever on the content or interpretation thereof.
1. Conclusion of transport contract
By registering, the passenger is making a firm offer to TT-Line to enter into a contract of transport. Registration may be effected orally, by phone, e-mail, by computerized booking system or by letter. The person making the registration also does so on behalf of all passengers listed in the registration form. The contract of transport shall only enter into force once the offer has been accepted by TT-Line. If the passenger should need special care or assistance during transportation in the event of an emergency, please make an appropriate indication at the time of his registration.
2. Due date for payment of fare
Early bookings: fares are payable 14 days before departure at the latest; in the case of later bookings, fares are payable immediately.
3. Travel regulations
Vehicles must be ready for loading at least 1 hour before departure of the ship. Late arrivals will not be entitled to be conveyed, even in the event of an early booking. Passengers shall follow all rules and instructions of the TT-Line or its appointed officers and agents. During the journey, passengers are prohibited from access to the vehicle decks. Passengers are responsible for ensuring compliance with statutory regulations, particularly customs, passport and tax provisions for themselves, their luggage and vehicles. Passengers shall bear any disadvantages arising from non-compliance with regulations unless such advantages were caused by culpable misinformation or failure to inform on the part of the TT-Line. Please note that the transportation of animals to Sweden is subject to strict import requirements. We will be pleased to send you the relevant forms.
4. Luggage and hazardous goods
Normal and standard luggage in or on top of passengers’ vehicles will be transported free of charge. Other goods are subject to the applicable freight rates. With the exception of fuels in the vehicles’ fuel tanks, explosive, inflammable and other hazardous goods are prohibited from being transported as a matter of principle. The same applies to goods exuding odors which may be a nuisance to other passengers or goods which are not suitable for transport for any other reasons.
5. Fare changes
Until 21 days before departure at the latest, the TT-Line shall be entitled to modify the agreed fares for justifiable factual, material and unforeseeable reasons (changes in fuel costs, charges, levies, tariffs and the like) if the period between receipt of confirmation of the journey and the planned departure exceeds 4 months. The extent of the increase in question must have a reasonable bearing in relation to own additional burdens assumed. If fare changes are effected which exceed the original travel fare by more than 10%, passengers shall be entitled to rescind the contract of transport at no cost within 10 days of receipt of notification of such fare change.
6. Rescission by passenger, change in booking
Passengers are entitled to cancel their trip at any time before departure. Notice of cancellation must be in writing and shall be effective on the day on which it is received by TT-Line. The following cancellation fees shall be payable: Individual bookings from the 14th to the 4th day before departure 10%; from the 3rd day before departure 30%, and on the day of departure or non-commencement of the journey: 80% of the total fare, at least EUR 15,-. Group travel: from the 27th to the 15th day before departure 10%; from the 14th to the 4th day before departure 50% and from the 3rd day before departure and non-commencement of the journey: 80% of the total fare. Cancellations by individual persons within a group: from the 7th to the 2nd day before departure 50% and from the 1st day before departure or non-commencement of journey: 80% of the proportionate fare. Package tours are subject to special terms and conditions regarding cancellation. At a passenger’s request, the booking of a tour can be modified in terms of the date of departure, the destination or accommodation (change of booking). This is subject to a booking modification charge amounting to EUR 15,- per booking.
7. Reimbursements
A precondition for processing a reimbursement request is evidence of the service that was not utilized. Certificates relating to services not utilized during the journey can be obtained directly on board from our reception. Stolen and lost travel documents shall not be replaced at the TT-Line’s expense. All claims for reimbursement shall become statute-barred two months after the last departure date.
8. Rescission and cancellation by the TT-Line
The TT-Line may rescind or terminate the contract of transport in the following cases:
a) Without notice if the passenger, at the discretion of the captain or his deputy,
- is unfit to travel on account of illness, affliction or for some other reason,
- is dependent on a companion but travels without such a companion,
- might endanger the health and safety of other travellers in any way,
- made incorrect statements at the time of booking,
- disrupts or disturbs the journey on a sustained basis even though he or she has received a reprimand,
- or if his or her conduct is in breach of the contract to such an extent that immediate rescission thereof is justified.
In such cases the passenger shall not be entitled to reimbursement of the travel fare paid. Only the value of any savings in terms of expenses as well as other benefits which may inure to the TT-Line due to unutilized services being put to some other use shall be taken into account.
b) Until departure, if the journey is rendered more difficult, endangered or impaired by unforeseeable and extraordinary events such as fire, breakdown of port facilities, unfavourable weather and sea conditions, radioactive contamination, acts of public authorities, unrest, industrial action, epidemics or accidents at sea. Notice of rescission shall be communicated to the passenger without delay once the TT-Line becomes aware of circumstances that may endanger the journey.
c) Until four weeks before departure if the TT-Line’s duty to perform the journey, after exhausting all possibilities, would mean exceeding the economic sacrifice to the company in relation to the journey in question unless the TT-Line is responsible for the underlying circumstances.
Rescission before departure in cases b) and c) will result in the passenger receiving the travel fare paid, and in case c) an additional lump-sum payment of EUR 10.– as a reimbursement for his or her expense and trouble associated with the booking. No further claim or entitlement shall lie.
9. Modes and routes of transportation, changes to schedule
The vessels in use by the TT-Line are licensed to be towed, to tow and give assistance to other ships. In addition, in order to save lives or loss of property at sea or in the cases stated under No. 8.b), ships’ crews shall be entitled to modify their schedules, depart from the original course of the journey, to head for ports within or outside the usual travel route, to dock with the cargo and vehicles and, where necessary, to discharge the cargo and vehicles in their care. In such cases, performance under the contract of transport shall be deemed to have been made. The TT-Line shall not be liable for compensation in the said cases.
10. Passenger's obligation to cooperate and report
Passengers shall be obliged to cooperate in the event of any disturbances in service within the scope of the statutory provisions, to avert possible losses or damage or to confine them to a minimum. Passengers shall report each case of damage to and/or loss of clothing, luggage or vehicles to the TT-Line in writing, without delay, but at the latest immediately after disembarkation. If the damage is not discernible on the surface, it is sufficient if the report is made to the TT-Line, Zum Hafenplatz 1, D - 23570 Lübeck - Travemünde or TT-Line AB, Box 94, S-23122 Trelleborg within 15 days after disembarkation. If notification is not made in time, the luggage, clothing and the vehicle of the passenger in question will be deemed to have been complete, intact and undamaged at the time of disembarkation. By concluding the transport contract the passenger agrees to body checks and inspections of his personal belongings of TT-Line or of third parties commissioned by TT-Line being carried out if and to the extent that TT-Line or third parties are obliged to carry out such inspections under national or international safety regulations in force, particularly to comply with ISPS codes. More extensive claims remain unaffected.
11. Liability of the TT-Line
In the absence of anything to the contrary being stated in No. 11.b) and such content being legally valid or unless militated against by mandatory statutory regulations, the following general provisions shall apply :
a) General liability
The TT-Line shall not be liable for any loss or damage suffered by passengers prior to embarking and after disembarking from the vessel. The exemptions from and limitations on liability included in these General Terms and Conditions of Transport shall apply to all claims for compensation, irrespective of whether they are derived from the contract of transport or other legal foundations.
b) Special rules and regulations
aa) Personal injury and damage to luggage at sea
The TT-Line's maximum liability shall be confined to:
(a) EUR 163613.40 in the event of death of or bodily harm to the passenger.
(b) EUR 2045.17 per passenger in the event of loss or damage of luggage inside the cabin.
(c) EUR 8180.67 for loss or damage of vehicles, including the luggage being transported in or on the particular vehicle.
(d) EUR 3067.75 per passenger in the event of loss of or damage to all items of luggage other than those indicated under (b) and (c).
(e) However, if a passenger’s vehicle is damaged, he or she shall bear EUR 306.78 of the amount of damage and, if his or her travel luggage is damaged, EUR 30.68 of the total. When determining the extent of the damage, these amounts are deducted from the amount of the claim in advance.
bb) Valuables
The TT-Line shall not be liable for loss of or damage to money, jewelry or other valuables.
cc) Vehicles
When transporting vehicles, the TT-Line shall not be liable for any damage sustained on account of an unusual construction or design of the vehicles.
dd) Live animals
The TT-Line shall likewise not be responsible for the transportation of live animals.
12. Liability of vicarious agents
All rights, exemptions and limitations to which the TT-Line is entitled in accordance with these General Terms and Conditions, irrespective of relationship, shall also extend to include the captains, crew members, representatives as well as all other vicarious agents.
13. Insurance
Passengers are advised to take out adequate insurance cover to avoid any risks with reference to these General Terms and Conditions of Transport.
14. General average
For items which the passenger brought onto the ship, the passenger shall not be liable to make a contribution to a general average. The passenger shall not be entitled to reimbursement in the event of a general average.
15. Invalidity of individual clauses
If any individual provisions of these General Terms and Conditions of Transport are or happen to become invalid, this shall not affect the validity of the remaining provisions thereof.
16. Jurisdiction, applicable law
The laws of the defendant’s legal jurisdiction shall prevail.
17. Sweden clause
In the event of any legal disputes before Swedish courts, the TT-Line’s liability, at variance from the scope indicated under No. 11.b) aa) shall be determined solely according to Swedish maritime law. Other than that, the present General Terms and Conditions of Transport shall also be of primary application to legal disputes before Swedish courts, supplemented by Swedish maritime law (1891:35 p. 1).
Hamburg, January 2005
