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Terms & Conditions of Contract

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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).

   
 

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