Hurtigruten
undertakes to transport passengers and their luggage on the following
conditions, which the passenger-by reserving and/or buying a
ticket-declares knowledge of and willingness to comply with. The terms
and conditions for travel by sea are set out below in "Conditions of
Carriage." The terms and conditions for shore excursions are set out
in "Contractual Terms and Conditions-Shore Excursions."
Hurtigruten - The Norwegian Coastal Voyage -
Definition
Hurtigruten-known as The Norwegian Coastal Voyage in North America-is
understood to mean the two independent shipping companies, Ofotens og
Vesteraalens Dampskibsselskab ASA and Troms Fylkes Dampskibsselskap
ASA. The passenger agrees and accepts that Hurtigruten is not a
separate legal person. The contract entered into is an agreement
between passengers and the individual shipping company (referred to
hereafter as "the carrier" or "Hurtigruten"). As a result, the
shipping companies are not liable for one another's obligations under
the agreement.
Choice of Law and Jurisdiction
Any disputes shall be resolved under Norwegian law. They should be
settled in a Norwegian court provided that this does not conflict with
mandatory Norwegian legislation.
The Norwegian Maritime Act
In any conflict between "Conditions of Carriage" and the regulations
contained in the Norwegian Maritime Act of June 24, 1994, no. 39, on
travel by sea, the Maritime Act will take precedence.
The Carrier's Liability for Passengers and
Luggage
1. Liability for passengers and luggage.
The carrier undertakes to indemnify a passenger against loss suffered
due to death or personal injury or loss of or damage to a passenger's
luggage occurring during the carriage and occasioned by the fault or
negligence of the carrier or his agents. The same applies to loss
suffered due to delay in the carriage of passengers and to delay in
the carriage or delivery of luggage. The carrier is not liable for
money, securities, and other valuables such as gold, silver, jewels,
ornaments, and works of art, unless he has received them for
safekeeping. The burden of proof lies on the claimant as to the extent
of the loss and as to the event having occurred during the carriage.
In the case of loss due to personal injury or to damage to cabin
luggage the burden of proof also lies on the claimant that there was
clearly fault or negligence for which the carrier is liable.
2. Liability for vehicles. Vehicles accompanying a passenger
are treated as luggage, except as otherwise provided in these
conditions of carriage. The same applies to any trailer, caravan,
etc., drawn by the vehicle. In such a case, the vehicle and trailer
are treated as one vehicle under the rules for the carrier's
liability. A waybill shall be made out for vehicles ordinarily used
for personal transportation when being exceptionally used for the
carriage of goods. In such cases, the carrier's liability is defined
by "Conditions of carriage for the transport of goods inland" ("Transportvilkaar
ved innenriks godstransport").
3. Safety regulations. Prohibition of dangerous loads. For
considerations of safety, passengers must not without the knowledge or
consent of the carrier have in their luggage or vehicle dangerous
things or substances including, but not limited to, explosive,
flammable, or corrosive substances including fireworks. For vehicles
or caravans equipped with gas apparatus, it is particularly important
that the control valve is closed. All fittings such as refrigerators,
etc., must be turned off while the vehicle is on board.
4. Exceptions. The carrier is not liable under the
provisions of Clause 1 in the following eventualities: a) For personal
injury suffered before the passenger embarks or after the passenger
has landed, unless it occurs during a sea passage between ship and
land which is included in the price of the ticket or in connection
with transportation provided by the carrier. b) For cabin luggage, not
either in or on an accompanying vehicle, before it is brought on board
or after it is taken ashore, except during a sea passage as in (a)
above or during the time the carrier has possession of the luggage
while the passenger is on the quay or at the terminal or at another
installation in the port. c) For live animals sent as luggage. d) If
it is agreed or clearly understood that a certain part of the carriage
shall be undertaken by a named sub-carrier, the carrier will not be
liable for loss occasioned by an event occurring while the goods are
in the care of the sub-carrier. The above also applies to claims
against the carrier which are not based on the contract of carriage.
5. Limitation of carrier's liability. Liability for personal
injury shall not exceed SDR* 175,000 per passenger. Liability for
delay to a passenger's journey shall not exceed SDR 4,150. Liability
for losses suffered as a result of loss of, or damage or delay to,
luggage shall not exceed: a) SDR 1,800 per passenger for losses
relating to cabin luggage. b) SDR 6,750 per passenger for losses
relating to valuables received for safekeeping. c) SDR 10,000 per
vehicle, inclusive of any trailer. d) SDR 2,700 per passenger for
losses relating to any other luggage. The sums stated in (a) and (b)
above apply to each journey. Higher limits of liability may be agreed
in writing between passenger and carrier. The exceptions to and
limitations of the carrier's liability apply even when the claim is
not based on the contract of carriage. These exceptions and
limitations apply similarly if the claim is made against one of the
carrier's agents and those concerned prove that they acted in that
capacity or in fulfillment of the contract.
6. Excess. The carrier has the right to deduct not more than
the following sums from any loss arising: a) SDR 150 per vehicle in
the event of damage to the vehicle. b) SDR 20 per passenger in the
event of loss of or damage to other luggage. c) SDR 20 per passenger
in the event of loss occasioned by delay.
7. Deck stowage of luggage. The carrier reserves the right
to stow luggage, including vehicles, on deck.
8. Alterations to route or vessel. Mutual right to cancel.
The carrier reserves the right to make alterations to the schedule
with regard to planned ports of call or their stated sequence. In the
same way he can fulfill the contract of carriage with another ship of
the same standard as declared without affecting the price of the
ticket. If a suitable vessel cannot be obtained following breakdown,
the contract of carriage is canceled against full refund of the ticket
price for the part of the journey concerned. If the passenger does not
show up for the voyage or curtails it, the carrier has the right to
the agreed consideration unless the passenger is dead or hindered by
ill health or other reasonable grounds and the carrier is so informed
without unreasonable delay.
9. Time bars. The carrier's liability for personal injury or
delay expires two years from the day the passenger left the ship. If
death occurs after landing, the time limit becomes two years from the
date of death but not more than three years from the date of landing.
Liability for luggage expires two years from the day the passenger
left the ship or the luggage was landed or delivered.
10. Applicable law and legal venue. The carrier is subject
to the Norwegian Maritime Act of June 24, 1994, no. 39. Legal action
related to the carriage can only be brought before a court: a) where
the defendant is domiciled or where the company has its head office,
b) at the place of departure or at the destination for the carriage
contracted, c) in the country where the plaintiff is domiciled, if the
defendant has an office in that country and can be sued there, or d)
in the country where the contract of carriage was entered into, if the
defendant has an office in that country and can be sued there. In the
event of a dispute arising, the parties may agree that it should be
settled by another court or by arbitration.
Contractual Terms and Conditions - Shore
Excursions
The carrier reserves the right to cancel excursions if an
insufficient number sign up, and to make changes in the program. If
the excursion passenger suffers injury to his or her person or damage
to his or her property, the carrier shall be liable to pay
compensation under the applicable compensation scheme provided the
loss or damage is due to the carrier or someone for whom it is liable
under the rules of chapter 2 of the Norwegian Damages Act of June 16,
1969, no. 26. The carrier shall not be liable for loss or damage that
occurs during the excursion unless liability can be based upon
inadequate supervision or exposure of the passenger to unnecessary
risk without the passenger's knowledge. Any disputes shall be resolved
under Norwegian law before a Norwegian court.
Travel Protection
Ofotens og Vesteraalens Dampskibsselskab ASA and Troms Fylkes
Dampskibsselskap ASA are bonded by the Reisegarantifondet.
*SDR (Special Drawing Rights) means the special drawing right which
is laid down by The International Monetary Fund. The value of 1 SDR is
given in the banks' daily listings of currency exchange rates.
If a passenger is found to be traveling on the Norwegian Coastal
Voyage without a valid ticket, a penalty charge will be issued in
addition to the cost of the journey.
We reserve the right to amend the information, conditions and
prices contained in this brochure and its supplement(s).