B.F.L. BALTIC FERRIES LINES LIMITED & EUROAFRICA SHIPPING LINES CYPRUS LIMITED

1. Field of application  

1.1. The current General Conditions of Carriage of Passengers and their Luggage by Sea (Conditions) are an integral part of the contracts regarding the carriage of passengers and their luggage by sea (Contracts) concluded via Unity Line sp. z o.o., within the time of validity of the Conditions, between B.F.L. Baltic Ferries Lines Limited or EUROAFRICA Shipping Lines Cyprus Limited, as a carrier (Carrier), and a passenger (Passenger).

1.2. The conditions specify:
1.2.1. rights and duties of both parties in a Contract, the proof of which is a ticket (Ticket), referring to the Conditions; and
1.2.2. the content of any other legal relations between the Carrier and a Passenger related to the carriage of passengers and their luggage by sea;
1.2.3. rights and duties of the Carrier and the purchasers of services of the carriage of passengers and their luggage by sea for third parties;
1.2.4. rights and duties of the Carrier and persons using the carriage of passengers and their luggage by sea without a Ticket.

2. Definitions

The following expressions used in the current General Conditions of Carriage of Passengers and their Luggage by Sea are hereby defined as follows:

2.1. Conditions - the current General Conditions of Carriage of Passengers and their Luggage by Sea;

2.2. a Contract- a contract regarding the carriage of passengers and their luggage by sea, an integral part of which are the Conditions;

2.3. a Carrier - in accordance with circumstances: B.F.L. Baltic Ferries Lines Limited or Euroafrica Shipping Lines Cyprus Limited, providing the carriage of passengers and their luggage by sea on the basis of a specific Contract, or their legal successors even if they are not shipowners or skippers of a Ship;

2.4. a Passenger - every person using the carriage of passengers and their luggage by sea provided by the Carrier;

2.5. Luggage - any object,  Vehicles included, that is possessed or kept by a Passenger and transported at their cost, that is not Cargo.

2.6. Cabin Luggage - such Luggage that a Passenger keeps in a cabin occupied by them or which is in their possession, custody or control in any other way.

2.7. Cargo - all objects that are not in a Passenger's control or custody as well as objects put in the holds of a Ship and commercial goods of weight over 150kg transported inside a Passenger's Vehicle or located on the Vehicle, as well as coaches (buses) and other vehicles used for professional services in the group transportation of people;

2.8. Valuables - all valuable objects and documents including bars, coins, gems, jewellery, antiques, paintings, works of art, banknotes and securities among others;

2.9. a Vehicle - a technically-working, and  road certified,   mechanical vehicle of total weight up to 3.5 tonnes and total length (of the whole unit) up to 12 metres.

2.10. Carriage- carriage of passengers and their luggage by sea, provided by a Carrier on the basis of a Contract;

2.11. Payment - payment for Carriage;

2.12. a Ticket - a document to a named person, being the proof of the concluding of  a Contract between a Carrier and an individually specified Passenger;

2.13. a Cruise Schedule - a Carrier announced, valid list of start and end times  of Carriage on all routes served by the Carrier;

2.14. a Pricelist - a Carrier announced, valid list of Payments and other payments related to Carriage at each time on all routes served by the Carrier;

2.15. Unit of Account - the Special drawing right as defined by the International Monetary Fund;

2.16. a Ship - every ship used now or in the future by a Carrier in order to carry passengers and their luggage by sea;

2.17. a Force Majeure - an outside phenomenon, sudden, unpredictable and inevitable, as well as all disturbances of public peace that make proper completion of the Contract impossible, such as: war, military actions, riots, blockades, strikes and unfavourable weather conditions which according to the Carrier's experience may be a threat to the safety of Passengers or a Ship, as well as other technical failures of a Ship not caused by a collision.

3. Contract and Carriage

3.1. Through the Contract, the Carrier promises to carry a Passenger and his/her Luggage in accordance with the rules specified on a Ticket and in the Conditions.

3.2. The Carrier is entitled to perform a Carriage specified in the Cruise Schedule on a different Ship than was assigned to the Carriage in the Cruise Schedule.

3.3. The amount of Payments is specified by the Pricelist valid on the day of purchase of a Ticket. The Carrier is entitled to introduce additional charges, equal to the service and handling charges born by the Carrier.

3.4. The Carrier stipulates the right to amend the Pricelist and Cruise Schedule without prior notice.

3.5. The contract is concluded at the moment when a Ticket is accepted by a Passenger.

3.6. The only proof of concluding the Contract is the Ticket. A Passenger cannot embark  a Ship without a Ticket.

3.7. By purchase or reception of a Ticket, the Passenger confirms that he/she have reviewed and accepted the Conditions.

3.8. For Passengers who are using the service of carriage by sea provided by the Carrier without a valid Ticket, regulations of a Contract together with changes derived from the Conditions are applied. A Passenger, by starting to use the carriage without a valid Ticket confirms that they have reviewed and accepted the Conditions.

3.9. A Passenger, may not without the Carrier's consent convey a Ticket to a third party, nor any other rights or authenticities derived from the Contract.

3.10. The Carrier may entrust the performance of the whole Contract or its part to third parties.

3.11. The Carrier shall nevertheless remain liable for non-performance of the Contract or its breach only up to the amount of Payment and only for real damage (damnum emergens) caused by their culpable action or neglect that was against the Contract, unless other regulations arise directly from a Ticket or Conditions.

4. Tickets

4.1. A Ticket is issued to a Passenger only on the basis of and after presentation of a valid identity card (or a passport) and after Payment being made. Together with a Ticket a Passenger obtains a boarding card which entitles the Passenger to embark a Ship and to use other services specified in the card.

4.2. A ticket and a boarding card ought to be kept and held by a Passenger for the whole time of the Carriage.

4.3. A Passenger may withdraw from the Contract later than 24 hours before the planned departure of a Ship by returning a Ticket, with the Carrier deducting 50% of Payment.

4.4. A Passenger is obliged to check the content of a Ticket and a boarding card immediately, and any mistakes ought to be reported at once.

4.5. Any person who is travelling without the consent of the captain of the Ship is obliged to make a double Payment for the trip made and cover all costs, the costs of travelling and the necessity of removing them from a Ship included.

4.6. A Ticket together with other documents specified in the Conditions entitle a Passenger to carriage together with their luggage only on the route of the Carriage and the Ship specified on the Ticket, unless other regulations arise directly from the Contract. A Ticket expires after expiry date specified on it.

4.7. A Ticket is issued in a printed form. Any handwritten, stamped or added prints and annexes on a Ticket remain invalid unless they were made by Unity Line Sp. z o.o. or the Carrier.

5. Cabins

5.1. Only as many people may stay in cabins as each cabin is designed to hold by the Carrier. In each cabin,  only persons who have places purchased in them may stay there.

5.2. Passengers who are transporting animals are obliged to take care of the cleanliness of Ships and cabins and to clean Ships and cabins after the animals and to maintain Ships and cabins in a proper sanitary condition.

5.3. Passengers travelling with children under 7 are obliged to purchase a whole cabin.

5.4. Passengers are obliged to leave cabins 30 minutes before the planned arrival of a Ship to its destination port. During that time the crew may enter a cabin in order to clean it. The key ought to be returned to the reception desk on the Ship.

6. Check-in and embarkation

6.1. Embarkation on a Ship takes place on the basis of a valid Ticket together with a valid boarding card upon the presentation of a valid identity card (or a passport).

6.2. The Check-in of Passengers and Vehicles begins 90 minutes before the planned departure of a Ship and it ends:
6.2.1. for Passengers travelling without a Vehicle - 15 minutes before the planned departure of a Ship;
6.2.2. for Passengers travelling with a vehicle - 30 minutes before the planned departure of a Ship.

6.3. Passengers travelling with a Vehicle are obliged to be ready for embarkation 90 minutes before the planned departure of a Ship.

6.4. The order of embarkation of vehicles and the method of their location on the vehicle deck are at the exclusive decision of the Carrier.

6.5. Passengers under 16 may travel under the care of adults. In case of travelling alone, a prior written consent of a statutory guardian (a parent or a legal guardian) is required. The consent must contain the personal data of all statutory guardians as well as their phone numbers and addresses.

7. Luggage

7.1. A Passenger within the Contract may transport  luggage that weighs up to 30 kg and measures 70 cm x 50 cm x 40 cm. All objects heavier than that shall be transported as Cargo, unless they are be considered a Vehicle on the basis of the Conditions.

7.2. A Passenger is obliged to declare all objects that exceed the weight or size limit.

7.3. A Carrier is entitled to qualify as Cargo all objects declared as Luggage that on the basis of Conditions constitute Cargo.

7.4. A Passenger for a Payment specified in a Pricelist may carry their Vehicle as Luggage.

7.5. Motor vehicles which are not in working order or do not have a valid technical examination, are not insured against civil liability in accordance with the regulations within the European Union or in a way confirmed by a so called Green Card, or not marked as regards to the country of their registration and those holders of which cannot present a valid registration,  may only be transported  as Cargo. Also  transported motor vehicles registered as heavily-loaded or the length of which (the whole set) is over 12 metres or the weight of which is over 3.5 tonnes are regarded as Cargo.

7.6. If the crew of a Ship, workers, staff or Carrier's partners decide that a Passenger's vehicle is subject to carriage as Cargo, the Passenger will be obliged to purchase Cargo carriage.

7.7. During the Carriage Passengers are not allowed to stay in a vehicle nor on the vehicle deck of a Ship. A Passenger is obliged to close and secure a Vehicle left on a vehicle deck. The vehicle ought to be left with the  hand-brake engaged, in first gear and with straightened wheels. Smoking on a vehicle deck is forbidden.

7.8. Transportation of fuel in petrol cans or other container is forbidden, and so is the transportation of flammable gas.

7.9. During the embarkation and discharge of a vehicle, a Passenger is obliged to obey the signs put on a vehicle deck of a Ship, to obey the orders of the crew of a Ship and in case of any doubts ask the crew of a Ship for help. The Carrier is not liable for damages caused to a Passenger by other Passengers during the embarkation and discharge of Vehicles.

7.10. A Passenger may transport animals as luggage against a payment that is 50% of the basic fare for an adult. In such a case a Passenger is obliged to purchase a special cabin intended for the carriage of animals. Animals may stay only in cabins intended for the carriage of animals, and outside these cabins, only in places allocated for them on the outside decks of a Ship. A Passenger is obliged to ensure the safety of other Passengers from any dangers the animal might cause, especially to keep the animal on a leash and in a muzzle. Passengers are obliged to familiarise themselves with the veterinary regulations of the country of destination and to provide all documents necessary for the transportation of the animal into the country of destination.

7.11. Without the prior consent of the Carrier, it is forbidden to bring onto a Ship or to transport in any way: weapons, explosives or other hazardous objects. Objects brought despite the ban may be confiscated and deposited in safe until the end of the Carriage. If it is necessary, the Carrier will inform the right penal prosecution agencies.

7.12. Money, securities, valuables, precious metals, works of art cannot be transported as Luggage unless they are deposited in a Carrier's safe. The carrier is not liable for the objects mentioned above if they are not deposited.

7.13. Cargo is not carried within the Contract. Cargo Carriage may take place only upon payment for freight on the grounds of a separate contract of carriage of goods by sea and the general conditions of carriage of goods by sea are applicable.

7.14. Passengers are obliged to check thoroughly whether they have left anything on a Ship and are obliged to remove from a Ship everything that was not restrained by the Carrier. The Carrier is not liable for destruction, loss or damages of objects left by a Passenger. Items found on a Ship, the Carrier will store for an extra payment for 30 days starting from the day when the Carriage was completed and then the Carrier will be entitled to destroy the object or to pass them on to a charity organisation.

8. Liability of the Carrier

8.1. The Carrier is liable for any damage upon a Passenger and their luggage in accordance with the regulations of the Athens Convention relating to the carriage of passengers and their luggage by sea 1974, drawn up in Athens on December 13, 1974 r. (Dz. U. z 1987 r., Nr 18, poz. 108), amended by a Protocol drawn up in London on November 19, 1976 r. (Dz. U. z 1994 r., Nr 99, poz. 479).

8.2. The carrier shall be liable for the damage suffered as a result of the death of or personal injury to a Passenger and the loss of or damage to Luggage if the incident which caused the damage so suffered occurred in the course of the Carriage and was due to the fault or neglect of the Carrier or of his servants or agents acting within the scope of their employment.

8.3. The burden of proving that the incident which caused the loss or damage occurred in the course of the Carriage, and the extent of the loss or damage, shall lie with the claimant.

8.4. Fault or neglect of the carrier or of his servants or agents acting within the scope of their employment shall be presumed, unless the contrary is proved, if the death of or personal injury to the passenger or the loss of or damage to Cabin Luggage arose from or in connection with  shipwreck, collision, stranding, explosion or fire, or defect in the ship. In respect of loss of or damage to other Luggage, such fault or neglect shall be presumed, unless the contrary is proved, irrespective of the nature of the incident which caused the loss or damage. In all other cases the burden of proving fault or neglect shall lie with the claimant.

8.5. The liability of the Carrier for the death of or personal injury to a passenger shall in no case exceed 46,666 Units of Account.

8.6. The liability of the Carrier for the loss of or damage to Cabin Luggage shall in no case exceed 833 Units of Account per Passenger.

8.7. The liability of the Carrier for the loss of or damage to Vehicles including all luggage carried in or on the Vehicle shall in no case exceed 3,333 Units of Account per Vehicle.

8.8. The liability of the Carrier for the loss of or damage to luggage other than Cabin Luggage and a Vehicle including all luggage carried in or on the Vehicle shall in no case exceed 1,200 Units of Account per Passenger.

8.9. The liability of the Carrier for the loss of or damage to deposited money, securities, gold, silver items, jewellery, ornaments, works of art and other valuables shall in no case exceed 1,200 Units of Account per Passenger.

9. Limit of Liability of the Carrier

9.1. The Carrier is entitled to deduct the amount of their liability, 117 Units of Account per Passenger, in case of loss or damage of other Luggage, and the amounts shall be deducted from value of the loss or damage.

9.2. In cases of a Force Majeure, the Carrier is not liable for non-performance of the Contract or its breach. Especially the Carrier is not liable for delayed departures and arrivals of a Ship, cruise cancellations and entering ports different than planned caused by a Force Majeure or other reasons which do not depend on the Carrier.

9.3. Besides the cases specified in the Conditions, the Carrier is not liable for loss or damage of any object that belongs to a Passenger.

9.4. The Carrier is not liable for any damage being a result of events and services provided on the land before embarkation or after discharge from a Ship.

9.5. The Carrier is not liable for any damage to Luggage or Cabin Luggage being a result of events and services provided on the land before embarkation or after discharge from a Ship.

9.6. The Carrier is not liable for any loss of a Passenger caused by events that took place next to a Ship or on the ground used by the Carrier, nor any damages caused by reloading.

9.7. Compliance by the Carrier with any law, regulation, direction or recommendation of any governmental authority or of any person having authority under the War Risks Insurance of the vessel shall not be deemed to be a breach of the Contract. Disembarkation of the Passenger in compliance with such law shall be deemed to be the full performance of the Contract and the Passenger shall have no further claims towards the Carrier.

9.8. The Carrier reserves the right to go off course in order to save human life, in order to try to help other ships and goods in danger or for any other justified reasons. Such action shall not be a breach of the Contract, and Passengers shall have no further claims towards the Carrier. In particular, when such a need is identified by the Carrier or a captain, a Ship may call at all ports with or without a pilot, haul, rescue possessions and lives at sea, go off the planned course or return, lengthen and shorten stays, act in accordance with the recommendations of the authorities in place of stay regarding ship traffic and passengers.

9.9. The Carrier reserves the right to provide substitute Ships, change the place or date of departure or arrival of a Ship to its destination or even to cancel a trip. In such cases a Passenger has no right to compensation, especially to refunds of accommodation costs in hotels or other expenses caused by the circumstances described above, nor the right to claim damages caused by delay in the journey.

10. Notice of damage

10.1. In cases of personal injury, a Passenger is obliged, as long as it is possible, to inform the Carrier about the event that caused it immediately. The Passenger is also obliged to give written claim towards the Carrier within 15 days from the day of disembarkation. It shall be presumed that a Passenger who did not meet the requirement had left the Ship in perfect condition.

10.2. If the state of Luggage at the moment of its re-delivery was not an object of common inspection or survey, a Passenger ought to inform the Carrier or their agent in writing in cases of apparent damage:
10.2.1. for Cabin Luggage, before or at the time of disembarkation of the Passenger
10.2.2. for all other luggage, before or at the time of its re-delivery

10.3. If the state of Luggage at the moment of its re-delivery was not an object of common inspection or survey, a Passenger ought to inform the Carrier or their agent in writing in cases of not apparent damage or loss of Luggage - within 15 days from the date of disembarkation or re-delivery or from the time when such re-delivery should have taken place

10.4. If the passenger fails to inform the Carrier about damage to Luggage in a way specified in the Conditions, he shall be presumed, unless the contrary is proved, to have received the Luggage undamaged

10.5. Any action for damages arising out of the death of or personal injury to a Passenger or for the loss of or damage to Luggage shall be time-barred and an action shall be brought under the Athens Convention relating to the carriage of passengers and their luggage by sea 1974, drawn up in Athens on December 13, 1974 r. (Dz. U. z 1987 r., Nr 18, poz. 108), amended by a Protocol drawn up in London on November 19, 1976 r. (Dz. U. z 1994 r., Nr 99, poz. 479).

10.6. Neither the Luggage nor Cabin Luggage of a Passenger can be rescued at the expense of the Carrier  and Passengers cannot claim any damages on the grounds of that.

11. Liability of a Passenger

11.1. A Passenger is responsible for any damage caused by their culpable or neglectful action or neglect and is obliged to redress the damages by paying equal compensation.

11.2. A Passenger will exonerate the Carrier, their servants and agents from their liability for the death of or personal injury to a passenger if the damages were caused even partly by the fault or neglect of the Passenger.

11.3. A Passenger will redress the damages that arise even partly from their non-compliance with the Conditions or safety regulations that are in force and presented on a Ship.

11.4. A Passenger covers the cost of additional services provided on a Ship, not regulated in a Contract, and all payments imposed by border, harbour or other local authorities. If the payments are covered by the Carrier, a Passenger will return equal value together with statutory interest from the day of the payment being made by the Carrier.

12. Himalaya Clause

12.1. All exclusions and limitations of liability of the Carrier under these Conditions shall apply to and be for the benefit of the Carrier's servants, agents and independent contractors.

12.2. The Carrier's servants, agents and independent contractors shall be entitled to the benefits of the indemnity granted by the Passenger to the Carrier under the provisions of the Conditions.

13. Safety regulations

13.1. During Carriage a Passenger is obliged to comply with the Conditions or safety regulations that are in force and presented on a Ship as well as the commands of the master of the Ship and the crew.

13.2. If a Passenger does not comply with the Conditions, safety regulations in force and presented on a Ship or the commands of the master of the Ship and the crew, or with their behaviour causes even potential risk for the safety of a Ship or other Passengers or causes an affray with other Passengers, the Carrier is entitled to deny Carriage, to deny entry to a Ship, to disembark the Passenger with or without Luggage in any port or - if the Passengers is dangerous to other Passengers or a Ship - to keep a Passenger in a separate room under supervision. In such a case the Carrier shall keep the whole amount of Payment. The Passenger will cover the cost of all damages and all other costs of the Carrier connected with passing the Passenger on to another ship or disembarking the Passenger in any port.

13.3. A Passenger may be requested to permit local or harbour authorities or a Carrier to search  his person, all property, a vehicle included, and to answer questions. If the Passenger is unwilling to comply with the search or questions the Carrier reserves the right to refuse to carry the Passenger, keeping the total amount of Payment.

13.4. The Carrier reserves the right to refuse to carry a person who does not present a valid Ticket, a Boarding Card, an identity card or a person who is not specified on a Ticket or a Boarding Card as a Passenger.

13.5. The Carrier reserves the right to refuse to carry a Passenger whose mental or physical condition leads to concern as to the possibility of a safe carriage of the Passenger by sea. In case of doubts, a Carrier may, upon penalty of Carriage refusal, demand from the Passenger a statement  making the trip  their own responsibility or demand a doctor's certificate on the ability to travel by sea. Should the Carrier refuse to perform the Carriage, Payment shall be returned.

13.6. Any complaints or claims for refund regarding events that occurred on board of a Ship  shall be reported immediately at the reception desk on a Ship, on a specific form.

13.7. A Passenger is obliged to familiarise themselves with the conditions of crossing borders and the requirements , those regarding documents included, connected with crossing borders and is obliged to fulfil these conditions and requirements. Otherwise the Carrier has the right to terminate the Contract immediately and keep the total amount of Payment.

13.8. If the Passenger is refused permission to land or to discharge animals or other things transported by the Passenger by border, harbour or local authorities, the Passenger is obliged to pay for the return trip of themselves, by  bearing Payment, or to pay for transport back of their animals or objects, by bearing freight and provide reception of animals and objects in the destination port. In cases of not paying for the return trip, the Carrier may disembark the Passenger who was refused permission to land, in any port or to pass such a Passenger on to a ship on the way to such a port.

13.9. The Passenger shall indemnify the Carrier against all damages and costs suffered by reason of such a refusal of permission to land or to discharge objects or cargo, including damages and costs suffered in regard to the disembarkation of the Passenger in any port.

13.10. Smoking on a Ship is allowed only in places allocated for that. In cases of ignoring the ban by a Passenger, they will pay the Carrier liquidated damages that is in Polish Zlotys an equivalent of 100 EURO by the exchange rate announced by the NBP on the day when the smoking ban was ignored. If the Carrier's damage exceeds the liquidated damages, the Carrier has the right to inquest additional compensation.

14. Lien

14.1. The Carrier shall have a general lien on all Luggage of the Passenger, their Vehicle included, to defray all liabilities under this contract, claims for compensation for damages caused by the Passenger, especially damages to a Ship and its equipment included.

14.2. The Carrier shall have the right to keep the object of lien until the Carrier's authenticity is satisfied or the claim of the Carrier is properly settled.

14.3. The Carrier shall also have the right to keep any object that belongs to the Passenger and is in Carrier's possession and which caused the damage until satisfaction of the Carrier's authenticity or the claim of the Carrier is properly settled.

14.4. The Passenger will cover all expenses and damages of the Carrier caused by the storing of Passenger's item kept by the Carrier.

15. Other regulations

15.1. The current Pricelist and Cruise Schedule constitute an integral part of the Conditions.

15.2. If any of the regulations of the Conditions shall be found to be illegal or unenforceable according to the law of any country, it shall be replaced by a legal regulation, which is in reference to interpretation of all Conditions and their nature - in a way closest to the regulation replaced, it shall specify the questioned contract matter.

15.3. This Contract shall be governed in every respect by Polish law, especially in every matter not specified by the Contract, the right regulations of Maritime Code Act shall be applied.

15.4. Under the provision of article 17 of Athens Convention relating to the carriage of passengers and their luggage by sea 1974, drawn up in Athens on December 13, 1974 r. (Dz. U. z 1987 r., Nr 18, poz. 108), amended by a Protocol drawn up in London on November 19, 1976 r. (Dz. U. z 1994 r., Nr 99, poz. 479), any dispute or claim arising under this Contract shall be determined in a competent jurisdiction of a factually competent general court in Szczecin.

The English version of this document is for information purposes only.  In case of discrepancies, the Polish version shall prevail.

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