General terms of Carriage (GTC)

For the Carriage on Board of Ships carried out by FRS Helgoline GmbH & Co. KG

§ 1 General Regulations

These general terms of Carriage (hereinafter „GTC“) apply to all regular transports carried out by FRS Helgoline GmbH & Co. KG (hereinafter „Carrier“) and – if marked – to all special Tours of the Carrier. With conclusion of the contract these GTC become subject matter of the carriage contract; the Passenger recognizes them as legally binding.

§ 2 Carriage transport and payment

1. The carriage transport is concluded via booking by the Passenger and submission of the booking confirmation by the Carrier, in any case at the latest with the issuance of the ticket.  The same applies to the online booking process.


2. The passenger is only entitled to the passage specified on the ticket. If passengers need to be excluded from the carriage due to insufficient space, paid for ticket fares will be reimbursed insofar the Carrier cannot offer a suitable transport alternative. Further claims by the passenger are considered invalid.
The carriage contract includes a right to an assigned seat. Guests that wish to drink and eat in the dining salon are seated preferentially.


3. The ticket fare is due with the conclusion of the contract pursuant to number 1. the Passenger tariffs that are in force are disclosed on the website of the Carrier as well as its places of business in the form of General Tariff Regulations (hereinafter „GTR“).
Besides payment in cash, via credit card or voucher, the Passenger has the option to issue a SEPA Direct Debit to the Carrier. An Advance notice in the SEPA Direct Debit Procedure will be sent 3 days prior to the debit at the latest. The Passenger assures the sufficient coverage of the account. Any costs that occur due to non-redemption or chargeback shall be borne by the Passenger unless the non-redemption or chargeback is caused by the Carrier. The payment by direct debit can only be charged to a German Bank account.


4. When claiming any fare reductions the eligibility has to be proven on completion of the ticket purchase at the ticket counter. When booking via telephone or online, fare reductions can online be considered if the Passenger sends the corresponding documents via E-Mail to [email protected] or copies thereof to Norderhofenden 19-20, 24937 Flensburg. Until departure the verifications for fare reductions can also be presented at the ticket counter. When Booking pursuant to sentence 2 the Passenger receives his reduced ticket at the ticket counter. A combination of different reductions is not possible.


5. For the dispatch of tickets and vouchers by mail a postage and handling fee will be charged in the amount of 4,00 € for every order processed. The dispatch of Online-tickets by e-mail is free of charge.


6. The reimbursement of fares as well as payments for compensation will always be occasioned towards the method of payment that has been stated on the booking. In case of (partial) payment using a voucher, the (partial) reimbursement also takes the form of a voucher. The minimum threshold for reimbursements accounts for 6,00 €.


7. We reserve the right to change prices due to general increases in fuel costs. In addition, the Carrier is authorized to correct the ticket fare if the price factors associated with the route in question change. These include in particular port fees, wages and salaries, interest rates, exchange rates, official requirements, etc. The Carrier shall notify the Passenger of any changes immediately. The composition of the price change/correction will be made transparent to the Passenger on request. The Passenger is at liberty to prove that there have been lower or no price increases.

§ 3 Tickets

1. Only dated tickets are valid and tickets are only transferable in accordance with the GTC.


2. Upon receiving the booking confirmations and tickets must be checked for correctness. The Carrier must be informed immediately, at the latest 48 hours after receipt, of any deviations in order to make the necessary corrections. If no complaint occurs the Carrier may assume that the documents have been correctly issued.


3. The Passenger is obligated to show the ticket to the Carrier or its employees upon request at any time. Ticket stubs may only be severed and validated by the Carrier’s authorized representative.  Damaged or lost tickets lose their validity.

§ 4 Rebooking, Cancellation and change of transport schedule

1. Rebooking of date or time of regular transports can be made up to 24 hours prior to departure only via the hotline +49 461 864-44 by stating the Booking number. A processing fee in the amount of 10,00 € will be charged for every order processed. To Special Tours § 11 applies.
Until departure a rebooking to another person other than the passenger can be made. Any additional costs will be borne by the original contract partner. The Carrier has the right to object to the change if the new Passenger doesn’t fulfill the requirements pursuant to § 10 or in case administrative orders or decrees preclude a change.

2. The Passenger is entitled to cancel the carriage contract at any time prior to departure. The cancellation compromises the complete round trip. A partial cancellation is excluded. In case the Passenger withdraws from the carriage contract the Carrier is entitled to a lump-sum  compensation in accordance with the following chart:

Up to 7 days prior to departure Processing fee pursuant to number 1
up to 3 days prior to departure 50 % of the ticket fare
Less than 3 days prior to departure 100 % of the ticket fare
Non-commencement of transport 100 % of the ticket fare

The Passenger is entitled to prove that the damage to the Carrier is lower or non-existent compared to the lump-sum compensation. Rebooking to avoid cancellation fees are invalid.


3. The Carrier reserves the right to withdraw from the carriage contract in the following cases:

  • a. Cases of force majeure and synonymous events (e.g. influences of weather, epidemics, failure of port facilities, strikes, maritime accidents and similar events). These lead to the contract termination with the waiver of assertion   of mutual claims of damages; the obligation to pay the ticket fare is not applicable and any payments already made  will be refunded.
  • b. In Cases of special Tours pursuant to § 11, especially in cases where the minimum number of participants is not reached. The withdrawal by the Carrier leads to the contract’s termination with the waiver of claims for mutual compensation; the obligation to pay the ticket fare is not applicable and any payments already made will be refunded.

4. In the event offi cial legal orders, prohibitions or injunctions, make the performance of the carriage contract impossible and necessarily entail cancellation of the carriage, the Carrier reserves the right to credit (partial) payments already made by the Passenger to his customer account.

§ 5 Increased fares

In case a Passenger is found without a valid ticket a contract penalty in the amount of 120,00 € is to be paid besides the regular ticket fare. The same applies when claiming ticket fare reductions the Passenger does not fulfill. The regulations of sentence 1 and 2 do not apply when the acquisition of a ticket or the verification of discount entitlement were omitted due to reasons beyond the Passenger’s control. The increased ticket fare is reduced to an amount of 10,00 €, if the Passenger is able to present a valid ticket within a week of the determination date that has been purchased at any of the Carrier’s points of sale prior to departure.

§ 6 Obligations of the Carrier

1. The Carrier is obligated to carry out the transport with a ship that meets the statutory safety provisions.


2. In the case of a cancellation or a delay in departure, Passengers shall be informed by the Carrier via the contact info (text message, telephone, e-Mail) the Passenger has given to the Carrier, as well as via the Carrier’s website. Apart from that, § 7 (7) applies.


3. Furthermore, the Carrier warrants the rights of Passengers pursuant to the Regulation (RU) No 1177/2010 of the European Parliament ad of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 („Passenger-Regulation“). You can find a short version thereof on our Website under www.helgoline.de/en/passenger-regulation as well as in the points of sale and upon request at the ticket office, respectively.


4. In the case where the Carrier reasonably expects the transport to be cancelled or delayed in departure for more than 90 minutes, the Carrier offers re-routing e.g. by Bus or train to the nearest port of departure (e.g. Cuxhaven) and transport on another ship to the final destination and will inform the Passenger of the alternative means of transport. In this case the Carrier will provide reimbursement pursuant to Article 19 of the Passenger-Regulation in the form of vouchers.

§ 7 Obligations of the Passenger

1. The Passenger is obligated to follow all orders by the ship management or any representative that is authorized by the Carrier.


2. The Passenger is prohibited to soil or damage any cabins, equipment or items of the ship as well as misuse or damage safety devices, or throw any type of objects over board.


3. The Passenger is under the obligation to board the ship 15 minutes prior to departure according to departure schedule at the latest. If using luggage check-in the Passenger has to deposit his/her luggage 30 minutes prior to departure.
Travel groups are requested to announce themselves 30 minutes prior to departure to the Carrier’s local offices or directly on board. If a Passenger does not adhere to the scheduled times the Carrier is not obliged to carry out his/her transport.


4. The Passenger is liable to ensure the compliance of administrative and statutory requirements of the port of destination with his own person and especially carry all necessary documentation with him/her at all time. The Passenger is obliged to reimburse the Carrier for all additional costs that arise due to the Passenger’s non-compliance to requirements.


5. The Passenger has to stow, store and supervise any Carry-on luggage by themselves on board of the ship. Additionally, § 8 as well as the GTR apply for the transport of luggage.


6. In General, Cigarette smoking is prohibited on all ships of the Carrier. The Passenger is obligated to only smoke in the areas on the outer deck that are designated for smoking. The same applies to electric cigarettes and similar surrogates.


7. Up until departure the Passenger is independently of § 6 (2) also obligated to inform himself about possible cancellations or delays through the channels the Carrier provides (www.helgoline.com, by telephone +49 180-5221454 as well as the Facebook page of the Carrier) and by checking the e-mails to the email address stated upon booking up until departure.


8. The Passenger is liable towards the Carrier for any damages caused by him/her.

§ 8 Transport of Luggage

1. The Carrier is only obligated to transport the Passenger and his/her conventional hand luggage. The maximum size allowed for this is 45cm x 30cm x 17cm; the maximum weight allowed is 8kg. Luggage that is severely soiled or that can injure, obstruct, harass, or cause damage to other Passengers is excluded from transport. In cases of doubt the ship management decides. The luggage may only be stowed in the designated places and not in the aisles and emergency escape routes or seats. Additionally § 7 (1) applies.


2. All types pf luggage that are not conventional hand luggage pursuant to number 1 are only transported in accordance with the GTR that are currently in force.


3. The following items and substances are prohibited on board of the ships: Weapons, flammable, combustible, caustic, toxic, explosive or pungent smelling items and/or substances. Furthermore illegal objects/substances and objects/ substances that are able to harass other Passengers and/or are prohibited to own or transport are prohibited on board. Insofar Passengers cannot immediately account for the harmlessness of an object/Item § 10 (1) applies. If such objects/ substances are only detected during the transport the ship management is allowed to take them into possession, store and disembark them in the nearest port at the expense of the Passenger.

§ 9 Transport of household pets

1. Conventional household pets are transported against payment pursuant to the Tariffs in force. The Carrier reserves the right to exclude animals from transport, especially due to the following reasons: 

  • a. Potential threats to the safety of people or the ship
  • b. Harassment of other Passenger by the animal 
  • c. If the owner of the pet neglects his/her duty to supervise it

Additionally pets are not allowed to be seated on seats. Dogs must be kept on a leash and muzzled.

§ 10 Exclusion from Carriage

1. Persons that pose a danger for the safety and order for the operation or for other persons, may be excluded from transport. This applies especially to

  • a. Passengers under the influence of alcoholic beverages or intoxicating substances,
  • b. Passengers that are unfit to travel due to contagious diseases, without withdrawing from the transport prior to   departure,
  • c. Passengers that do not attend their duties pursuant to clauses 7-9 (even after order from ship management)

2. Children under the age of 6 that are not officially obliged to attend school yet, may be excluded from transport, if they are not accompanied by a person aged 16 or above during the entire carriage.


3. If a person is excluded due to the aforementioned reasons he/she holds no right to refund already paid fares. Any further compensation for damages is excluded.

§ 11 Special Tours

1. Special Tours are all carriages that are marked and advertised as such. A minimum number of attendance is necessary. The Carrier reserves the right to withdraw from the contract if the minimum attendance is not reached, see § 4 (3) b).


2. Only the § 1, § 2 (1), (3), (5), (6), (7), § 3 (2), (3), § 4 (3), (4), § 5, § 6 (1), (2), § 7-8, § 10- 11, § 13 (1-3), § 14, § 16 and § 17 apply to special Tours.


3. The Passenger is not entitled to cancel, withdraw, return, rebook or transfer the booking and/or tickets for specials Tours. Furthermore, no right of rescission exists for special Tours. Specials Tours cannot be combined with other tickets, fare reductions or discount offers.


4. The Carrier is not obligated to transport pets (animals).

§ 12 Discount offers

1. As far as offered, tickets for regularly scheduled tours can be purchased at special conditions („Discount Offers“). The regular schedule is available on the Carrier’s website. Discount Offers are advertised separately.


2. Only the § 1, § 2 (1), (3), (5), (6), (7), § (2), (3), § 4 (3), (4), § 5 - 10, and § 12-17 apply to Discount Offers.


3. The Passenger is not entitled to cancel, withdraw, return, rebook or transfer the booking and/or tickets purchased at Discount Offers. Furthermore, no right of rescission exists for Discount Offers. Tickets purchased at special conditions cannot be combined with other tickets, fare reductions, other Discount Offers or Special Tours. Tickets purchased at Discount Offers are only valid within the respective periods as specified.

§ 13 Limitation of Liability for the Carrier and Reimbursement

1. The Carrier’s liability for personal, luggage or default damages is limited on the bases set out in sections 541 and 542 of the German Commercial Code (HGB) as well as Article 3 of the Regulation (EC) No 397/2009 of 23 April 2009 in co- nnection with the Regulations of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (as amended by the Protocol of 2002).


2. Any claims the Passenger makes for compensation are excluded. Exceptions are the Passenger’s compensation claims due to injury of life, bodily injury, injury to health or breach of essential contractual obligations (cardinal obligations) as well as the liability for any other damages caused by any intentional or grossly negligent breach of duty by the Carrier, the Carrier’s legal representative or the Carrier’s agent. Essential contractual obligations are those having to be performed in order to attain the contractual purpose in the first place. In case of a breach of essential contractual obligations the Carrier’s liability (as well as the liability of the Carrier’s legal representative or agent) for damages due to slight negligence is limited to the foreseeable and typically occurring damages.


3. Any reimbursements for third-party services will be provided exclusively in accordance with legal regulations and these GTC and only upon receipt of appropriate original documents.


4. Reimbursements due to infringement of the Passenger-Regulation caused by the Carrier can be claimed only within 2 months after the factual or planned Carriage. If the notification is sent in due time the deadline is deemed to be met.

§ 14 Notice of claim in case of damage to baggage

1. Section 549 HGB and Article 3 of the Regulation (EC) No 397/2009 of 23 April 2009 in connection with the Regulations of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (as amended by the Protocol of 2002) apply to the notice of damage.


2. In derogation to these general regulations a written notification by the Passenger is not required, if the condition of the luggage has been jointly evaluated by the Passenger and the Carrier or authorized representative and a jointly signed report has been drawn up on the matter.

§ 15 Alternative Dispute Resolution

The Carrier is willing to partake in Alternative Dispute Resolution by the following consumer arbitration board: söp-Schlichtungsstelle für den öffentlichen Personenverkehr, Fasanenstraße 81, 10623 Berlin (www.soep-online.de)

§ 16 Choice of Law and Court of jurisdiction

1. All contracts between the Carrier and the Passenger are subject to German law in so far as it is not precluded by any mandatory law.


2. Place of fulfillment for the contractual relationship is Flensburg.


3. Flensburg shall be sole court of jurisdiction in case of disputes arising out of the contract, in so far as the law does not require proceedings be opened in another jurisdiction.

§ 17 Miscellaneous

1. This document is a translation of the Carrier’s German General Terms of Carriage („Allgemeine Beförderungsbedingungen“). This document only serves to inform the Passenger and has no legal effect.


2. The content of the German General Terms of Carriage is legally binding. In case of discrepancies between the translation and the original German General Terms of Carriage the German version prevails.

 

Version 11.2020

 

 

 

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