Transport conditions
The carrier's liability for damages in the case of goods transport
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The period of responsibility and basis of responsibility
The carrier is only responsible for the goods while it is in his custody at the port of loading, during transport and at the port of discharge. The carrier is no longer considered to have the goods in his custody
a) when the carrier has delivered the goods to the recipient,
b) if the consignee does not accept the goods from the carrier, when it has been laid out at the consignee's expense in accordance with the agreement or with law or practice in the port of discharge, or
c) when the carrier has handed over the goods to an authority or other third party to whom the goods must be handed over according to law or regulations in the port of unloading. The carrier is not responsible for losses as a result of goods being lost or damaged or delayed if he makes good that the loss was not is due to fault or negligence by the carrier itself or someone the carrier is responsible for, or for loss as a result of measures to save people or reasonable measures to save ships or other property at sea. -
Loss due to nautical error and fire
The carrier is not liable if the carrier proves that the loss is a consequence of:
a) fault or negligence in the navigation or handling of the ship by its master, crew, pilot or tugboat or others performing work in the service of the ship, or
b) fire which is not due to fault or negligence by the carrier himself. -
Deck load
Goods can be transported on deck if this is permitted by the transport agreement, follows from trade usage or other custom at the speed in question, or is required by or pursuant to law. -
Liability limits
The carrier's liability shall not exceed 667 SDR for each parcel or other unit of the goods or 2 SDR for each kilogram of the gross weight of the goods that is lost, damaged or delayed. If a container, pallet or similar transport device is used to collect the goods, each parcel or another unit that is stated in the transport document to be packed in the device is considered one package or one unit. The rules on the carrier's objections and the limits of the carrier's liability apply even if the claim against the carrier is not based on the transport contract.
The rules also apply accordingly if the claim is directed against someone for whom the carrier is responsible and the person in question makes good to have acted in the service or to complete the assignment. -
The carrier's responsibility for the subcarrier
If it has been expressly agreed that a specific part of the transport is to be carried out by a named sub-carrier, the carrier is not responsible for losses caused by an incident that occurs while the goods are in the sub-carrier's custody. -
Complaint
If the goods are delivered without the recipient having given the carrier written notice of loss or damage that the recipient had discovered or should have discovered, and of the type of loss or damage in question, all goods are deemed to have been delivered in the condition described in the transport document unless otherwise compensated . If the loss or damage was not visible at the time of delivery, the same applies if written notification is not given no later than three days after delivery. The carrier is not responsible for losses as a result of delayed delivery, unless written notification is given within 60 days after the goods were delivered handed over to the recipient. -
Choice of law and venue
The carriage is subject to the Norwegian Maritime Act of 24 June 1994 no. 39.
The carrier's responsibility for passengers and luggage
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Responsibility for passengers and luggage
The carrier is obliged to compensate for losses caused by the death or injury of a passenger (personal injury) or by the loss or damage of luggage due to an incident during carriage, and which is due to fault or negligence by the carrier himself or someone he is responsible for . The same applies to losses caused by delay in the carriage of passengers or in the carriage or delivery of luggage. For money, securities and other valuables, such as gold, silver, jewels, jewelery and works of art, the carrier is not liable unless they have been received by him to be kept safe. The person claiming compensation has the burden of proof for the extent of the loss and that it occurred during an incident during transport. As far as losses resulting from personal injury or damage to hand luggage are concerned, the person claiming compensation also has the burden of proof that fault or negligence has been proven for which the carrier is liable. -
Responsibility for vehicles
Unless otherwise stated in these transport conditions, vehicles carried by passengers follow the same rules as for luggage. The same applies to any trailer, caravan etc. that follows the vehicle. In such cases, vehicles with trailers are considered as one vehicle according to the rules on the carrier's liability. For vehicles that are mainly used for passenger transport and in the individual case used for goods transport, a waybill must be issued. The carrier's responsibility in such cases follows from "Transport conditions for goods transport". -
Safety regulations. Ban on dangerous cargo
For safety reasons, without the carrier's knowledge or permission, the passenger must not carry as luggage, including in the vehicle, dangerous objects or substances including but not limited to explosive, flammable or corrosive substances, including fireworks. For vehicles and caravans equipped with gas systems, it applies in particular that the main valve for the system must be switched off and all devices such as refrigerators etc. must be switched off while the vehicle is on board. -
Disclaimers
The carrier is not liable under the rules in point 1 in the following cases:
a) For personal injury occurring in the time before the passenger gets on board and after he has landed, unless it concerns sea transport between the ship and land that is included in the ticket price or is carried out with a means of transport made available by the carrier.b) For hand luggage which is not in or on the accompanying vehicle for the time before the goods are brought on board and after they have been brought ashore, unless it concerns sea transport as mentioned in (a) or for the time the carrier is in charge of the goods while the passenger is on a quay or at a terminal or other facility in a port.c) For live animals sent as luggage.d) If it has been agreed or clearly stipulated that a specific part of the transport is to be carried out by a named sub-carrier, the carrier is not responsible for loss caused by an event that occurs while the goods are in the sub-carrier's custody.The above also applies if the claim against the carrier is not based on the contract of carriage.
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Limitations of the carrier's liability
Liability for personal injury shall not exceed 175,000 SDR for each passenger. Liability for delay in the carriage of the passenger shall not exceed SDR 4,150.
Liability for loss as a result of luggage being lost, damaged or delayed shall not exceed:
a) 1,800 SDR per passenger for losses relating to carry-on luggage;
b) 6,750 SDR per passengers for losses relating to valuables received for safekeeping;
c) 10,000 SDR per vehicle, including any trailer;
d) 2,700 SDR per passengers for losses that apply to other luggage. The amounts in the first and second paragraphs apply to each journey.
By written agreement between the passenger and the carrier, higher liability limits can be set.
The rules on the carrier's objections and the limits of the carrier's liability apply even if the claim is not based on the transport contract.
The rules also apply accordingly if the claim is directed against someone for whom the carrier is responsible and the person in question makes good to have acted in the service or to complete the assignment. -
Passenger's deductible
The carrier is entitled to deduct from the resulting loss up to:
a) 150 SDR per vehicle in the event of damage to the vehicle;
b) 20 SDR per passenger in the event of loss or damage to other luggage;
c) 20 SDR per passenger in case of loss due to delay. -
Deck loading of luggage
The carrier reserves the right to transport luggage, including vehicles on deck. -
Change of routes and use of ships. Mutual right of cancellation
The carrier reserves the right to make deviations from the route with regard to specified stops or their relative order. In the same way, he can fulfill the freight agreement with another ship of the same standard than stated without effect on the ticket price. If his own ship cannot be provided after an accident, the freight agreement is canceled against a full refund of the ticket price for the journey in question. If the passenger does not join the journey or cancels it, has the carrier is entitled to the agreed remuneration unless the passenger is dead or disabled due to illness or another reasonable reason and the carrier is notified without undue delay. -
Obsolescence
The carrier's liability for personal injury or for delay expires 2 years from the day the passenger left the ship. If death occurred after disembarkation, the deadline is 2 years from the date of death, but no more than 3 years from disembarkation.
Liability for luggage expires 2 years from the day the passenger left the ship or the luggage was brought ashore or handed over. -
Choice of law and venue
The carriage is subject to the Norwegian Maritime Act of 24 June 1994 no. 39. Lawsuits in connection with the carriage can only be brought before a court
a) in the place where the defendant has his place of residence or head office of the company,
b) at the place of departure or the place of destination in accordance with the carriage agreement,
c) in the state where the plaintiff resides, if the defendant has a place of business in this state and can be sued there. After a dispute has arisen, the parties can agree that it shall be dealt with by another court or by arbitration