TERMS AND CONDITIONS OF CARRIAGE
of Polish Baltic Shipping Co., Kołobrzeg
(constituting integral part of the Passenger Contract of Carriage)
PASSENGERS ARE BOUND TO READ THE STANDARD TERMS AND CONDITIONS OF CARRIAGE FOR
PASSENGERS, THEIR LUGGAGE, AND ACCOMPANIED VEHICLES BY FERRIES BEFORE CONCLUDING
THE CONTRACT OF CARRIAGE. THESE CONDITIONS CONSTITUTE INTEGRAL PART OF THE CONTRACT
OF CARRIAGE CONCLUDED BETWEEN THE PASSENGER AND POLISH BALTIC SHIPPING CO.
HEREINAFTER CALLED THE CARRIER.
1.1 The Contract of Carriage is the contract concluded by the Carrier or on behalf of the Carrier for the
carriage of passengers and their luggage by sea against agreed payment. The rates of payment are
specified in timetables or in a separate pricelist. The Carrier reserves the right to charge extra amounts such
as e.g. fuel surcharge, devaluation fee. The payment does not cover services other than carriage.
The Carrier may execute carriage by other vessel than originally scheduled or stated in the timetables.
1.2. It is agreed that all legal relations between the Carrier and the Passenger shall in every possible
contingency be subject to these conditions or regulations of common law within matters not covered by
1.3. Luggage' shall mean any object, or vehicle, carried by the Carrier subject to the contract of carriage,
a) goods and vehicles carried subject to charter party, bill of lading or any other contract, first and foremost
relevant to the carriage of cargo, and
1.4 Cabin luggage shall mean any object a passenger keeps in their cabin or exercises any other form of
care over it or which is under their care or control including any luggage kept by the passenger in or on their
1.5 The vehicle carried subject to a contract of carriage of passengers and their luggage should be certified
for traffic and border crossing both at the place of embarkation and disembarkation, i.e. in particular
registered in a relevant office. Vehicles that fail to meet this regulation may be carried by the Carrier subject
to a contract of carriage of cargo only.
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2.1 The liability of the Carrier to the Passenger and their luggage is governed by the provisions of the
Maritime Code of 18 September 2001 and relevant provisions of international law, including the terms of the
Athens Convention 1974 including changes incorporated in the Protocol of 2002 to said Convention
governing the carriage of passengers and their luggage by sea (hereinafter called “the Convention”).
2.2.1 The Carrier and their Agents shall be entitled to the benefit of all limitations, rights and immunities
conferred by the Convention governing the carriage of passengers and their luggage by sea, which
Convention limits the Carrier's liability for death or personal injury (art.7), loss and/or damage to luggage
including vehicles (art. 8) and makes special provision for valuables (art. 5).
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3.1. The term 'the sale of carriage' used in these conditions means concluding the contract of carriage of
passengers and their luggage by sea.
The sale of tickets is carried out by Sea Travel Agencies – Polferries, Ferry Terminals and authorised Travel
3.2. It is recommended that a reservation of all types of carriage should be made no later than 24 hours
before the scheduled departure. Special offers including return prices are conditional upon earlier
reservation. Offers including a return price means carriage on conditions specified in pricelist or any other
brochure. The Carrier reserves the right to set conditions of said offers at their discretion, to introduce them,
to withdraw from sale and limit them.
3.3. Carriage is sold for a specified date of voyage only.
3.4. The Passenger confirms their choice of carriage by paying passage money.
3.5. The Carrier may entrust the execution of the contract either in part or in full to another carrier.
3.6. The Carrier shall not be liable for damage resulting from delay in the carriage of the Passenger and their
luggage unless it is caused wilfully by the Carrier.
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4.1 The person making a booking / concluding a contract of carriage is bound to give the Carrier the names
of passengers at the time of booking / concluding the Contract of Carriage. The name of the passenger
shown on the ticket must be the same as shown on their passport or other identification documents. The
Carrier shall refuse carriage to a person who is not registered in the computer sale and booking system.
Should the travelling persons change, final personal details of said persons must be given no later than 24
hors prior to the scheduled departure.
4.2 A passenger ticket is a proof of concluding a contract of carriage and paying passage money. A
passenger ticket is in a digital (electronic) formin the booking computer system as used by the Carrier.
The person selling carriage informs the passenger on the ticket number and hands over the printed ticket
generated by the computer booking system. The person concluding a contract of carriage should not
disclose the ticket number to parties other than the Passenger. The Carrier shall not be held liable for
improper disclosure of the ticket number to parties other than the Passenger by the person purchasing a
4.3 The passenger is obliged to know and to give the ticket number at passenger clearance at the ferry
4.4 The ticket is non-negotiable (entitles to carry only a passenger/passengers whose personal details are
shown on the ticket)
4.5 The Passenger may not transfer the non-negotiable passenger ticket to third parties without prior
consent by the Carrier.
4.6 Carriage of pets is subject to extra passage money.
The passenger carrying an animal is obliged to buy an assigned cabin and shall be held liable for its sanitary
condition. Should no such cabin be available, the carriage of such a pet is not possible. The passenger
travelling with a dog shall keep it on the lead and in a muzzle in public spaces on board. A passenger shall
familiarise themselves with veterinary regulations in force and effect in the country of destination and shall
hold all documents required for the landing of an animal in the country of destination.
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5.1. The passenger ticket is valid 6 months from the date of voyage declared unless the terms and
conditions of special offers provide otherwise. The date of voyage may be changed in the period as referred
to herein provided, however, such change is registered in the computer sale and booking system no later
than 24 hours before the scheduled departure. Failure to do so within 6 months results in the cancellation of
service and no refund shall be made.
5.2. Each and every alteration to the date of carriage results in a correction of the earlier passage money
paid down to zero and a sale of a new service at exchange rate in force and effect on the date of correction.
5.3. Alterations to the ticket are subject to a deductible. Said deductible is not charged in case of alteration to
the value of the ticket. The first alteration is not subject to any charge.
5.4. In case a whole cabin is booked a passenger shall pay for all berths even in case there are fewer
passengers than there are berths
5.5. A passenger may cancel the service of carriage either in whole or in part retaining their right to a refund
of passage money paid in part provided, however, the cancellation is registered in the sale and booking
computer system no later than 24 hours before the scheduled departure. Said refund shall be subject to a
25% cancellation fee on passage money net of VAT. Later cancellation or non-arrival for check-in at the time
prescribed shall not constitute the ground for refund of the passage money paid
5.6. In case sale was made against a VAT invoice, the refund shall be made at the place the VAT invoice was
issued only, while in the case of any other sale (receipt) the refund can be made at the place of purchase of
the service of carriage, at Sea Travel Agency, at Ferry Terminals or at the Head Office
5.7. No refunds are made on board.
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6.1 The liability of the Carrier extends only throughout the duration of the carriage of the Passenger and their
luggage on board the vessel operated by the Carrier.
6.2 The Carrier shall not be liable for any incidents or services rendered ashore before the embarkation as
well as after the disembarkation.
6.3 The Carrier shall not be liable for damage due to delayed arrivals / departures of ferries, cancelled
voyages or calls at ports other than scheduled due to technical problems or force majeure e.g. adverse
weather conditions or other circumstances beyond the Carrier's control.
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7.1 Information on the time when passport and customs clearance as well as embarkation commence is
given next to the timetables and prices for each line. The Passenger is under the obligation to arrive on board
90 minutes prior to departure (leaving the port) otherwise the passage money is lost.
7.2 At the time of check-in the Passenger is bound to present a valid ticket number as well as valid
identification documents (ID card or passport) necessary for crossing the border, and in case of a return trip,
7.3 The Passenger is bound to comply with the vessel's regulations and to follow all orders, both standing
and emergency ones, by the Master and authorised crew. The Passenger may be detained in a separate
space should they disrupt order or jeopardise the safety of the vessel.
7.4 The Carrier is entitled to refuse to allow the Passenger on board despite passage money being paid, who
by their conduct may disrupt order.
7.5 The Passenger shall cover the costs of damage suffered as a result of their conduct during the voyage by
7.6 The Carrier is entitled to refuse carriage to the Passenger who has not given a valid ticket number, whose
name is not shown on the ticket or who does not hold the required documents.
7.7. The Carrier may refuse to carry a Passenger should their age, physical or mental condition may rise
doubts as to a safe carriage by sea. The Carrier recommends that Passengers suffering from diseases, and
in particular chronic ones, should seek relevant medical advice prior to the voyage.
7.8 At the Ferry Terminal the Passenger is given a boarding card against identification documents (ID card or
passport) and a ticket number. The boarding card should be held throughout the voyage and while using
services or facilities paid for while concluding the contract of carriage (e.g. cabin). A Passenger not holding a
valid boarding card shall be refused embarkation and the Carrier shall not be held liable for the results of such
7.9 Passenger under 17 may travel only while accompanied by an adult. Children up to 7 years old may share
berth in a cabin with their guardian.
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8.1 Charges for extra services and facilities beyond the carriage by vessel operated by the Carrier as well as
other charges imposed by the government or port authorities are borne by the Passenger, and in case same
are borne by the Carrier, the Carrier shall be entitled to recover same from the Passenger.
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9.1 The Passenger who by their fault has been detained by authorities at the port of destination is not entitled
to claim from the Carrier the refund of the passage money or the costs of maintenance and they shall be liable
to the Carrier for all and any costs incurred by such detention.
9.2 In case immigration authorities issue a decision preventing the passenger from landing in the country of
destination (visa considerations or other) the Passenger is bound to cover the costs of return voyage.
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10.1 A driver of a car shall hold, apart from a driving licence and the original of a car registration card, also a
car insurance policy, international motor insurance card (the so called Green Card) as well as the marking of
the country of car registration. By virtue of regulations of the EU citizens of EU countries are exempt from the
obligation to hold a Green Card.
10.2 During the voyage passengers are not allowed to stay in their car or on the car deck. The car should be
left in gear, handbrake pulled up, wheels straight on, and be properly locked to protect it against access by
10.3 Carriage of petrol in petrol cans or other containers, gas filled cylinders or other goods of dangerous or
obnoxious nature to persons or the vessel is strictly prohibited.
10.4 The passenger is fully liable for any consequences arising from the fact of violating the prohibition as
described in the preceding clause.
10.5 Vehicles are driven on board by the passenger-driver. A passenger may use the services of terminal
attendant assigned for driving vehicles on board subject to separate payment. It is recommended that such
services be used in case the passenger-driver lacks required skills.
10.6 The order of loading cars as well as their distribution on board is at the sole discretion of the cargo
officer. The driver is bound to follow warning and information signs displayed on car deck and in case of any
doubts ask the cargo officer for information. The Carrier shall not be held liable for damage suffered during
loading and unloading by drivers of other vehicles.
10.6 Smoking on board is prohibited except for assigned spaces. Should a passenger be in breach of
smoking prohibition in a non-assigned area they are obliged to pay a fine (liquidated damages) in the amount
equivalent to EUR 100 in PLN. Should damage be higher than the liquidated damages set here, the Carrier
shall seek further compensation on general terms. The court relevant for hearing cases arising out of the
breach of smoking prohibition in non-assigned spaces shall be the court relevant jurisdiction by the
registered head office of the Carrier.
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11.1 The Carrier shall be liable for damage suffered as a result of death or personal injury to the Passenger
incurred otherwise than as a result of disaster at sea in case the incident which resulted in damage was due
to the fault or negligence by the Carrier. The burden of evidence of fault or negligence shall on the claimant.
11.2 The liability of the Carrier for death or personal injury to the Passenger shall in no case exceed 400,000
SDR per passenger in each case. When in accordance with the law of the court sized of the case damages
are awarded in the formof periodical income payments, the equivalent capital value of those payments shall
not exceed said limit.
11.3 The Carrier shall be liable for damage suffered as a result of death or personal injury to the Passenger
incurred as a result of disaster at sea to the extent in which said damage per passenger in each case shall not
exceed 250,000 SDR, unless the Carrier proves that said disaster resulted from:
a) war or hostile activities, civil war, uprising or following a natural phenomenon of exceptional nature,
unavoidable, which was not to be prevented; or
b) was in whole caused by an act or failure to act with wilful intention to cause an accident by a third party.
11.4 The Carrier shall be held liable for loss of or damage to cabin luggage in case the incident resulting in
loss was by the Carrier's fault or negligence. Should the cabin luggage be lost as the result of disaster at sea
the fault or negligence by the Carrier are implied.
11.5 The Carrier shall be held liable for loss suffered as a result of loss of or damage to luggage other than
cabin luggage unless they prove the incident resulting in the loss occurred otherwise than by fault or
negligence by the Carrier.
11.6 The liability of the Carrier for loss of or damage to cabin luggage shall in no case exceed 2,250 SDR's
per passenger, per carriage.
11.7 The liability of the Carrier for the loss of or damage to vehicles including all luggage carried in the vehicle
shall in no case exceed 12,700 SDR's per vehicle, per carriage.
11.8 The liability of the Carrier for the loss of or damage to luggage other than that mentioned under sections
11.3 and 11.4 shall not exceed 3,375 SDR's per Passenger, per carriage.
11.9 The Court seizing the case may relieve the Carrier of their liability either in whole or in part in case the
Carrier proves that the death of or personal injury to the Passenger or the loss of or damage to their luggage
was contributed to or resulted by fault or negligence by the Passenger.
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12.1 The Carrier shall not be liable for the loss of or damage to money, securities, works of art or other
valuables, except where such valuables have been deposited with the Carrier for the agreed purpose of safekeeping
in which case the Carrier shall be liable up to 3,375 SDR's unless a higher limit was agreed.
12.2 The Carrier collects 1 per cent charge on the declared value of goods.
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13.1 In case of personal injury the Passenger shall notify the Carrier without undue delay as soon as possible
on the incident which caused same. Moreover, the Passenger shall be under the obligation to make a claim
against the Carrier in writing latest within 15 days from the date of disembarkation. It is assumed that the
Passenger who did not meet the obligations as above completed the voyage in good state of health.
13.2 In case of damage to luggage the Passenger shall notify the Carrier of their Agents in writing:
a) in case of visible damage to luggage:
- with regard to cabin luggage: either before or during disembarkation by the Passenger;
- with regard to any other luggage: before or during handing it over to the Passenger;
b) In case of damage to luggage which is not visible or loss, within 15 days from disembarkation or receiving
luggage or from the day such handing over by the Carrier should have taken place.
Should the Passenger be in breach of the provisions of this clause it is assumed that they have received their
luggage undamaged, unless proved otherwise.
13. No action for damages under the death of or personal injury to the Passenger shall be brought against
the Carrier otherwise than in accordance with the Athens Convention.
13. Any action for damages arising out of the death of or personal injury to the Passenger or for the loss or
damage to luggage shall be time barred after a period of two years.
Time bar is calculated as follows:
a) personal injury: from the date of disembarkation by the Passenger;
b) death during carriage: from the date the Passenger should have left the vessel, and in case personal injury
is suffered which results in death after disembarkation, from the day of death, however, the term may not be
longer than three years from the date of disembarkation;
c) loss or damage to luggage: from the date of leaving the vessel of from the date it should have taken place,
whichever date is later.
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14.1 A passenger is entitled to carry a hand luggage up to 50 kg without excess charge. Luggage in excess
of 50 kg shall be considered cargo and carried subject to a document of carriage upon the payment of freight
calculated according to freight tariff in force and effect for respective line. The Passenger is liable to inform
the Carrier about luggage / personal effects exceeding the above limit. The Carrier reserves the right to refuse
or to consider cargo subject to freight all luggage carried in breach of these conditions. The Carrier shall not
be held liable for damage suffered as a result of beach of these conditions by the Passenger.
14.2 The Carrier, their representative offices and the crew shall not be held liable for lost luggage. Goods left
behind by the Passenger that can not be identified shall be kept by the Carrier for the period of 3 months. The
Carrier reserves the right to give away said goods to a charity at the Carrier's option or liquidate them should
these not be collected within 6 months.
14.3 The Carrier shall have the right of lien on luggage until it is released to the Passenger to secure claims
arising out of the Contract of Carriage. The Carrier may withhold the luggage until their claims have been
satisfied or secured to the satisfaction of the Carrier.
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15.1 Provisions of respective pricelist in force and effect are incorporated in the Contract of Carriage. In case
of conflict the provisions of these Conditions shall prevail.
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16.1 Any action arising under the Athens Convention shall, at the option of the claimant, be brought before
one of the courts listed below, provided that the court is located in a State Party to this Convention:
a) Sąd Rejonowy in Kołobrzeg or Sąd Okręgowy in Koszalin;
b) the court of the place of departure or destination named in the Contract of Carriage;
c) the court of the State of the domicile or permanent residence of the claimant, if the defendant has a place
of business in that State and is subject to jurisdiction in that State;
d) the court of the State where the Contract of Carriage was made, if the defendant has a place of business
in that State and is subject to the jurisdiction of that State.
SDR: the Unit of Account – Special Drawing Right as defined by the International Monetary Fund.
Kołobrzeg, 31 December 2012
|General Terms and Conditions of ferry ticket sales|
§1. Definition and scope.
§ 2. Online services.
§ 3. Area of service.
The service can be used by every person, who visits www.polferries.pl following § 4 law 1.
Polish Baltic Shipping Co. does not take responsibility in case of difficulties and problems, which are based on technical preconditions of the pc, and which make the use of the service not possible.
§5. Subject of regulation.
1. Terms of selling is according to the rules
2. Decisions about the tariffs, transports and the ticket prices dependent from the date the ticket was purchased, are available on www.polferries.pl.
§ 6. Principles of use of the reservation service.
§ 7. Transport contract.
§8. Amendments of the transport contract.
Amendments in the contract, which was completed online, are only possible in agreement with the system operator – contact details are available on www.polferries.pl. The amendments are liable to costs. The costs are in height of the difference between the ticket price the day the ticked was purchased, and the day the contract was amended. The pricelist is available on www.polferries.pl.
§ 9. Resignation of the transport contract.
It is possible to resign from the contract, which was completed via the online system, considering the rules which are listed in point 5.4.
§ 11. Issuing of value added tax- bills.
§12. The users laws and duties.
§13. Polish Baltic Shipping Co. laws and duties.