Conditions of Carriage

The following terms and conditions shall govern the purchase of tickets and transportation of passengers, cars, trucks, luggage and gods by vessels owned by or chartered by Kattegatruten A/S, regardless of whether evidenced by the issue of a document or not.

By making reservations, buying tickets or entering the vessel, passengers, car owners, freight forwarders, trucking companies, cargo owners, etc. accept these Conditions of Carriage.

These Conditions of Carriage are valid from 19 September 2011 and until further notice.

1.0 General safety and order precautions
1.1 Passengers are required to comply with the Master and officers' instructions, cfr. the Danish Merchant Shipping Act section 408, and to act and behave in manner not hindering the operation of the vessel, not causing damage, inconvenience or disturbance to other passengers, not causing damage to the vessel or other property of Kattegatruten A/S. Any violation of these principles or other rules or regulation on the vessel may be prosecuted.
1.2 Smoking and the use of open flames inside the vessel and on the car deck is prohibited and may be fined. Smoking is only permitted in designated areas.
1.3 During the voyage staying on the car deck is prohibited.
1.4 Without the permission from Kattegatruten A/S, the passenger may not offer goods for sale, distribute printed materials, advertisements, samples, arrange collections or similar actions on board and ashore.
1.5 Food and drinks may only be consumed in the designated areas. Complaints concerning the restaurant, cafeteria and outlets should in general be directed to the staff at the pertinent place.
1.6 Serving or selling alcoholic beverages to intoxicated persons and to persons less than 18 years old is not permitted.
1.7 Kattegatruten A/S may deny carriage of a passenger - whether or not a valid ticket is held - if the passenger imposes a safety risk, a nuisance to other passengers, the staff of Kattegatruten A/S or not following instructions given in the bulletin or other similar information concerning the use of the vessel.
1.8 Kattegatruten A/S may, in extraordinary cases, deny carriage of passengers and vehicles if the vessel is fully booked or other space restrictions on the vessel makes it necessary.
1.9 Drunk or intoxicated individuals can be denied transportation even though they are in possession of a valid ticket.
1.10 Kattegatruten A/S may deny the carriage of vehicles leaking oil, gasoline or similar products or are otherwise unsuitable for carriage.
1.11 In case of carriage of emergency vehicles like ambulances, police cars etc. on a fully booked vessel, the last vehicles to arrive will be put on hold, regardless that a valid ticket is held.
1.12 Passenger areas are video monitored. Any theft will be reported to police.
1.13 The passenger will be liable for damage to the property of Kattegatruten A/S or third party caused by the passenger.
1.14 Kattegatruten A/S may without notice change the schedule, the ferry terminal, etc. It is the passenger's responsibility to keep informed of schedule changes.

2.0 Tickets
2.1 Passengers shall be in possession of a valid ticket or similar valid travel document at embarkation or when driving onboard the vessel. Tickets are obtained prior to departure and shall be held at all times during the voyage. Tickets bought at drive-in are valid for the selected departure only.
2.2 If a ticket is misplaced or lost, the passenger shall purchase a new ticket.
2.3 Tickets and cards give access only to the vessel after being purchased. Tickets issued to specific persons and cards are not transferable.
2.4 If required by the maritime authorities, the passenger’s full name, age and gender must be provided when making the booking.
2.5 A booking is not to be considered as a guarantee for transportation, but an inquiry about availability for transportation on the ferry.
2.6 Kattegatruten A/S reserves the right to adjust fares, freight rates and passenger charges, etc. without prior notice. This applies even if a booking has already been made.
2.7 If the contract of carriage concerns a specific vessel, Kattegatruten A/S is entitled to fulfill the contract with another suitable vessel. Any information on the type of vessel is not binding for Kattegatruten A/S.
2.8 Departure and sailing times published by Kattegatruten A/S are approximate, and Kattegatruten A/S does not guarantee that the times are complied with. Kattegatruten A/S is not liable for operational irregularities, for missed connections with trains, buses and other means of transport.

3.0 Payment of tickets
3.1 It is possible to pay for tickets in cash, with Dankort and some credit cards. A fee may be charged for the use of credit cards.
3.2 Kattegatruten A/S receives cash payments in Danish kroner and Euros. Euros are only accepted in banknotes. Return cash is in Danish kroner only.
3.3 Kattegatruten A/S should be informed immediately upon receipt of a ticket or card, if it does not correspond to what was booked/paid for.

4.0 Withdrawal, cancellation and changes.
4.1 There is no right of withdrawal for contracts of distance sale for transport, cfr. the Consumer Contracts Act section 17 (2) No. 1, and section 9 (2) No. 2
4.2 Standard tickets can be changed or refunded before the booked departure time upon payment of a fee of DKK 45.
For cancellations made until 7 days before departure a full refund will be made.
For cancellations made between 7 and 3 days before the departure, a refund of 50% of the fare will be made and for unpaid tickets 50% of the fare is payable.
For cancellations after 3 days before the departure no refunds will be made and Kattegatruten A/S will require payment of the full fare.
4.5 Packages holidays may be canceled for a fee, cfr. the Act on package holidays , section 9(1). The right to refund can be reduced or denied if Kattegatruten A/S is unable to obtain a refund from third parties.
4.6 Refund and change of tickets may only be made by mail or email to nfo@kattegatruten.dk.
4.7 Kattegatruten A/S may be contacted at phone or e-mail to nfo@Kattegatruten.dk

5.0 Luggage
5.1 Passengers may without charge bring personal belongings in suitcases, bags or similar luggage. Passengers on foot may bring as much luggage as the passenger is able to carry, however, max. 50 kg.
5.2 In case of lost or damaged luggage the liability of Kattegatruten A/S is limited in accordance with the Danish Merchant Shipping Act.
5.3 Passengers may not bring luggage that can cause, harm or inconvenience to other passengers or damage to the vessel or other goods, property, etc. cfr. below regarding Dangerous Goods. Kattegatruten A/S may take possession of such luggage.

6.0 Transport of sick and disabled, including disability assistance
6.1 For carriage of sick and disabled passengers Kattegatruten A/S may require a medical certificate. Care for the sick, and medical monitoring can not take place on the vessel. Kattegatruten A/S does not undertake to embark or disembark sick passengers, unless the disease occurred during the voyage.
6.2 For cars with disabled passengers Kattegatruten A/S will try to fulfill requests for parking near the elevators. Passengers are asked to notify the staff at check-in.
6.3 If disability assistance is offered, it includes physical assistance to embark and disembark provided by the staff of Kattegatruten A/S or a subcontractor.
6.4 Disability Assistance does not include luggage assistance, lifting of the disabled person from wheelchair to seat, physically escort to and from the terminal, bus station or platform, nor personal care / assistance during the voyage.
6.5 Kattegatruten A/S may require that sick and disabled passengers bring their own companion during the voyage. Disability Assistance must be booked from Monday to Friday. 08:00 to 21:00, at least 48 hours before departure. Kattegatruten A/S only offers disability assistance to individual passengers but not to groups.

7.0 Animals
7.1 Pets are not allowed in the restaurant and cafeteria areas. Dogs are to be kept on a short leash. Other animals must be kept in a cage or crate. Pets may not be a nuisance to other passengers. It is allowed to let dogs and other animals stay in the car during the voyage. Passengers do not have access to the car deck during the voyage. By contacting the information desk on board, permission to inspect carriage of animals may be obtained.
7.2 On the vessel of Kattegatruten A/S, there are special areas for passengers traveling with dogs and other animals.
7.3 Kattegatruten A/S assumes no responsibility for the carriage of living animals.
The owner of the animal is liable for any damage to the vessel or the property of Kattegatruten A/S or of other passengers caused by the animal.

8.0 Transport of passengers, vehicles and luggage
8.1 Kattegatruten A/S is not liable for death or personal injury, loss or damage to luggage and vehicles before the passenger has embarked the vessel, and after the passenger has disembarked the vessel.
8.2 Kattegatruten A/S is only liable for personal injury, if the injury occurred due to negligence on the part of Kattegatruten A/S or someone for whom Kattegatruten A/S is liable.
8.3 Kattegatruten A/S is only liable for lost or damaged luggage or vehicles if the loss or damage occur during the voyage and is caused by negligence on the part of Kattegatruten A/S or someone for whom Kattegatruten A/S is liable.
Kattegatruten must be notified immediately and no later than before leaving the vessel of any personal injury or damage to property.
8.4 Kattegatruten A/S is not liable for loss of money, securities, silver, gold, watches, jewels, jewelry and art.
8.5 Driving vehicles onboard and ashore is at own risk and without liability for Kattegatruten A/S. It is the driver's duty to keep the vehicle adequately in brake during the voyage by putting the vehicle in gear and using the handbrake.
8.6 Kattegatruten A/S is not liable for damage to vehicles occurring due to the vehicles being lowered, heavily laden or rebuilt to no longer complying with the original specifications of the producer, e.g. spoilers on cars.
8.7 Special equipment, including luggage placed outside or on top of a vehicle, damaged while moving, will not be compensated regardless of whether Kattegatruten A/S is otherwise liable or not.
8.8 It is the passenger's responsibility to lash and secure the motorbike, moped, scooter or similar and it is always the duty of the passenger to ensure that the vehicle is adequately stabile and secured to withstand the movement of the vessel during the voyage. Damage to these vehicles, due to rollover or shifting during the voyage, is without liability to Kattegatruten A/S.
8.9 Kattegatruten A/S is entitled to have the carriage or part of it done by a subcontractor. If a certain part of the voyage is performed by a subcontractor, Kattegatruten A/S shall not be liable for any damage that occurs during the voyage performed by the subcontractor.
8.10 Kattegatruten A/S is not liable for loss or damage occurring from any lack of space on the vessel, disruptions in operations, including suspension of operation due to irregularities, including force majeure, technical reasons, and prevailing water and weather conditions.
8.11 Kattegatruten A/S is not liable for loss or damage due to lost traffic connections or for itinerary changes, including hotel accommodation or similar costs which the passenger incurs due to a delay.
8.12 If a passenger chooses to cancel a voyage due to significant delay or cancellation, or due to a missed connection, the passenger may claim a refund for the part of the journey with the Kattegatruten A/S, which is not completed because of the delay.
8.13 Compensation for delay or cancellation can never exceed the ticket price.

9.0 Transport of Goods
9.1 'Goods' means the articles that are not carried in connection with an agreement on passenger services. Trucks, vans, buses and goods carried on them, are Goods, unless being the driver's or passenger's personal belongings. All trucks / vans with a gross weight over 3,500 kg or a length of over 6 meters are considered as trucks.
9.2 'Valuable Goods' include but not limited to tobacco, liquor, jewelry, cash and other easily saleable goods.
9.3 “Article of Transport" means any container, trailer, flatrack, pallet, tank or similar.
9.4 Issue of tickets or other documents for transportation of Goods or Articles of Transport are not to be regarded as receipt for the Goods, or otherwise implying that Kattegatruten A/S has received or is in charge of such Goods or Articles of Transport.
Goods and Articles of Transport placed in port areas controlled by Kattegatruten A/S is the shipper, consignor or consignees own risk and expense.
Kattegatruten A/S is considered to have received the Goods or Articles of Transport at the time of embarkation or loading of the Goods or Transport container is commenced by the staff of Kattegatruten A/S.
9.5 Kattegatruten A/S shall not be liable for damage to Goods occurring before the Goods are loaded on the vessel, and after the Goods have been discharged from the vessel.
9.6 Boarding the vessel, driving on board the vessel and driving ashore takes place in cooperation with the staff and with special attention by the driver.
9.7 The vehicle must be equipped with lashing points for lashing it to the vessel. The Goods on the vehicle shall be adequately secured and protected to withstand the movements occurring during the voyage. The driver is responsible for ensuring that the Goods is properly lashed and secured on the vehicle. The handbrake must be pulled and the vehicle must be in first gear before leaving the vehicle.
9.8 Kattegatruten A/S has no obligation to survey trailers, containers or other articles of transport in respect to the packing, stowage, securing, lashing, etc. If Kattegatruten A/S deems that the Goods are not packed in a proper way, Kattegatruten A/S may refuse to transport the Goods.
Kattegatruten A/S is only under a duty to survey the Goods if the external part of the Articles of Transport is clearly damaged.
9.9 Kattegatruten A/S is not liable for loss of or damage to Goods or vehicles, when such loss or damage is caused by defective lashing, stowage or other matters that are the responsibility of the driver and Kattegatruten A/S has no special duty to supervise.
9.10 The chief officer has the final word on securing/lashing of Goods and whether Goods must be rejected for transportation.
9.11 Kattegatruten A/S is not liable for loss of or damage to trucks and Goods, which have been placed at the waiting and port areas in accordance with applicable law. The areas of Kattegatruten A/S are not monitored or specially secured.
9.12 For the Carriage of Goods, the liability of Kattegatruten A/S is limited in accordance with the Danish Merchant Shipping Act.
9.13 Damage to Goods must be notified immediately to Kattegatruten A/S upon receipt at the port of delivery before leaving the port area. If this is not observed the right to notify the damage is lost.
9.14 The driver shall, when the ticket is issued, declare by his signature that the Goods are not Dangerous Goods.
9.15 Kattegatruten A/S is entitled without notice to carry Goods or Articles of Transport, on or below deck and Kattegatruten A/S has the right to consolidate goods in Articles of Transport.
9.16 Carriage of valuable goods is only done according to prior arrangement with the Kattegatruten A/S. Kattegatruten A/S is not liable for damage or loss of valuable Goods if Kattegatruten A/S has not been previously informed and has agreed to the carriage of such valuable goods.
9.17 If the shipper, consignee or consignor does not collect Goods or an Article of Transport immediately after Kattegatruten A/S has discharged it, the Goods or Articles of Transport will be placed in an area of Kattegatruten A/S for the shipper, consignee or consignor’s own risk and expense, cfr. the Merchant Shipping Act section 274(3) No. 2
The deadline for collection the Goods or Article of Transport is 48 hours. When Goods or Articles of Transport is not collected within 48 hours, a fee of DKK 150 per day per unit of Goods or Article of Transport is payable.
9.18 Kattegatruten A/S has lien and right of retention in Goods and Articles of Transport under the control of Kattegatruten A/S, for all costs associated with the goods or the Articles of Transport – including salaries, fees and warehouse rent, and for all other claims of Kattegatruten A/S against the shipper, consignor or consignee.

10.0 Dangerous Goods
10.1 'Dangerous goods' means goods included in the IMDG Code (International Maritime Dangerous Goods Code), prepared by the International Maritime Organization IMO.
10.2 Goods included in the IMDG Code Class 1 (explosives), Class 5.2 (organic peroxides) and Class 7 (radioactive material) may under no circumstances be carried by Kattegatruten A/S.
10.3 Dangerous goods in the other classes in accordance with the IMDG Code may be carried only by prior agreement with Kattegatruten A/S.
10.4 Shipper, consignee or consignor should well in advance apply to Kattegatruten A/S for permission to carry Dangerous goods. Kattegatruten A/S reserves the right to refuse carriage of such Dangerous goods.
10.5 Dangerous goods which are accepted for carriage shall be appropriately labeled as dangerous, cfr. the Merchant Shipping Act section 257. The shipper shall well in advance give notice to Kattegatruten A/S or the subcarrier to whom the goods are delivered, about the hazardous nature of the goods and any security measures which can be necessary to observe. If the shipper has knowledge that the goods are of such a nature that carriage can cause harm or significant inconvenience to persons, vessel or other goods, the shipper shall also disclose this information.
10.6 For the carriage of vehicles with dangerous goods, the necessary documents shall be presented to Kattegatruten A/S before the voyage. Kattegatruten A/S reserves the right to verify that the cargo corresponds to the notification and has the right to deny or delay the carriage of Dangerous goods.

11.0 Disclaimer
11.1 Kattegatruten A/S limits its liability for loss, errors and defects and for personal injury, damage to luggage, vehicles, Goods etc. as much as possible in accordance with the Danish Merchant Shipping act and the international conventions on transport.
11.2 Kattegatruten A/S shall not be liable for any loss, direct or indirect, including loss of revenue, profits, etc. beyond what is stipulated in the mandatory rules of the Merchant Shipping Act or other mandatory legislation.

12.0 Personal information
12.1 To book or pay for a ticket via the website of Kattegatruten A/S the passenger shall register the following personal information: name, telephone number, postcode and email address.
12.2 If documents or the like are ordered from the website of Kattegatruten A/S information about the person's address and city is also registered.
12.3 Kattegatruten A/S collects information in order to deliver the ordered documents. For booking and payment, information is collected in order to enable any subsequent changes in the booking and in order to forward a receipt.
12.4 The information transmitted and stored is not encrypted. It is always possible to object to the registration of passenger details. There is also a right to inspect the data recorded. Comments should be made to the Kattegatruten A/S via e-mail: info(at)Kattegatruten.dk
12.5 Personal information registered with the Kattegatruten A/S is stored for 5 years, after which the data are deleted. Kattegatruten A/S does not save customer data in an encrypted manner.
12.6 Administration employees of Kattegatruten A/S have access to recorded data. Customer information is not disclosed to other companies.
12.7 Backup of content on servers including possible sensitive personal data is stored for security reasons for up to 5 years. Storage is done by the hosting partner of Kattegatruten A/S.
12.8 All information is confidential and belongs to Kattegatruten A/S The IT provider is not able to use data from the website of Kattegatruten A/S.

13.0 Cookies
13.1 www.Kattegatruten.dk uses cookies in order to optimize the website and its functionality and to enhance functionality of the website for the booking of tickets.
13.2 Cookies is a term covering that the user's activity on a network is registered with the user. In this way the server (e.g. a website) knows from the user's next visit, who the user is. There is no personally identifiable information stored in a cookie, but information about the user's activity on a website, e.g. a typed user name in connection with log-on to a special section on website. A cookie is a text file that is sent to the user's browser from a web server and stored on the user's computer hard drive along with cached files. The browser can be set to notify you when a cookie is received, or you can choose to disable cookies altogether.
13.3 Cookies will be saved for the booking of tickets. If you wish to cancel a booking immediately after completing a booking, the cookie remembers the relevant information. The cookie is deleted when the browser is closed on the user's PC.

14.0 General information about the use of www.Kattegatruten.dk
14.1 Log statistics is used at www.Kattegatruten.dk in order to optimize the website and its functionality and to improve user-friendliness. This means that a statistical system collects information to provide a statistical picture of visitors to a website, where they come from, in what part the website is left, etc.
14.2 Kattegatruten.dk has the copyright for all material published on the website. The material may not be distributed or reproduced without permission. A link to information on the website is allowed. So-called 'deep links' are also allowed any; please contact nfo@Kattegatruten.dk for direct links.
14.3 Kattegatruten A/S reserves the right to change information and any errors on the website. Information on the website is updated regularly, but mistakes can occur. Kattegatruten A/S shall not be liable for any direct or indirect loss arising from the use of information on the website. Links to third-party servers is not the responsibility of Kattegatruten A/S, and the content of third-party servers is not the liability of Kattegatruten A/S. Downloads of documents from the website of Kattegatruten A/S is at the users own risk.
14.4 By using www.Kattegatruten.dk the user accepts the terms of this document. The content is updated when required, so that the user always knows what information the Kattegatruten A/S collects and why. Kattegatruten A/S reserves the right at anytime to modify, add or remove parts of the document.
14.5 By ordering or paying for a ticket via www.Kattegatruten.dk the user accepts the same time that Kattegatruten A/S uses personal data according to the information Kattegatruten A/S has provided in this document.

15.0 Inspection Fee
15.1 Kattegatruten A/S reserves the right, in addition to payment for ordinary tickets, to levy an inspection fee in case of embarkation without a valid ticket, including transportation of a vehicle other than what the ticket is valid for.
15.2 A passenger who is not in possession of a valid ticket shall upon request identify themselves with a driver's license or other legal document.
15.3 If the passenger does not immediately pay for the valid ticket and the control fee, an invoice for the total amount will be issued. The passenger must then acknowledge receipt with name, address, birth date and signature together with the above identification.
15.4 For inspection fees etc. the following collection procedures and fees applies:
a) If payment by installments is agreed, Kattegatruten A/S charges a fee for each installment.
b) If reminder of payment becomes necessary, Kattegatruten A/S may charge a fee for each reminder.
c) In case of failure to pay after the first reminder, the claim will be transferred to recovery by debt collection. In connection with the transfer to debt collection, a collection fee will be charged, and in addition the debt collection company incurs costs associated with recovering the debt. Collection fees and expenses will be added to the claim.

16.0 Left valuables
16.1 Enquiries regarding valuables left on board the ferry should be made to Kattegatruten A/S on phone No. +45 38 11 12 22. Left valuables are stored for 30 days and then handed over to police under the Act on left valuables. Left valuables with little or no value, will be destroyed or handed over after the deadline for non-profit or charitable purposes.

17.0 Complaints
17.1 Notification of damage to personal belongings, vehicles, luggage or Goods should be directed to a crew member immediately and before leaving the vessel. For luggage that has been in the Kattegatruten A/S’s custody on luggage carts or similar, any complaints should be filed without undue delay to the staff of Kattegatruten A/S in the terminal before leaving it.
17.2 Complaints about the voyage which is not resolved by contacting the staff of Kattegatruten A/S onboard or in one of the terminals can be sent to the administration of Kattegatruten A/S, c/o Bech-Bruun, Frue Kirkeplads 4, 8000 Aarhus C, alternatively, transmitted via the Kattegatruten A/S website].

18.0 Venue
18.1 Unless the mandatory rules of the Merchant Shipping Act or other mandatory legislation provide another venue, all disputes arising out of a contract of carriage under these terms and conditions should be determined by the Maritime and Commercial Court in Copenhagen, however this provision shall not exclude the possibility of litigation against Kattegatruten A/S at the domicile of Kattegatruten A/S.

 

 

 Aarhus, 19 September 2011