General conditions of carriage of passengers and luggage

1) The carrier is the company to which the carrying vessel belongs, Viking Line Abp.The contract of carriage is operative between the relevant company and the passenger. 

2) Rights attaching to the passenger's ticket must not be transferred to another person. Any person who procures a ticket on to another's behalf is deemed to have had authority to do so and to approve of these conditions of carriage on the latter's behalf. 

3) The term luggage is understood to mean any object, including a vehicle, carried for the passenger's account, but not where a charter party, consignment note or bill of lading is issued for it. The term handluggage is understood to mean any luggage, including live animals, that the passenger keeps in his cabin, carries with him or otherwise has in his care. The term also covers what is carried in or on a vehicle. 

4) The passengers may bring luggage to a reasonable extent. Should luggage, including hand luggage, cause any danger or inconvinience, or should it require special care, the passenger is to draw the Carrier's attention to that before the trip commences. The Carrier reserves the right to refuse to carry such luggage. 

5) The passenger is obliged to observe regulations for order and safety on board the ship during the carriage. A person appointed by the Master, for instance a watchman, is to see to it that these regulations are followed. The carrier reserves the right for himself and his agent, both on land and on board the ship, to refuse to transport a passenger who may pose a danger to others which might restrict passengers' rights or in any way inflict costs on the Carrier. Ship agents may refuse to transport persons who are intoxicated or act in a disorderly manner. A passenger who has taken a cabin ticket is responsible for any damage occuring in the cabin during the voyage covered by the ticket. 

6) If the passenger does not commence the trip or discontinues it, the fixed fare is payable nevertheless. The fare is refundable, however, if the passenger has fallen ill or if he has some other reasonable cause for not commencing or completing the trip, provided that the Carrier has been notified in a reasonable time. In that case 10 % will be deducted from the refund. 

7) Any car that is not ready to be driven on board the ship not later than 30 minutes, for vehicles over 2,4 metres high 45 minutes, before scheduled departure has forfeited its reserved place. Cars on the waiting list are entitled to a place only if there is room in the ship. 

8) In the event of the Carrier, or any person from whom he is responsible, being guilty of fault or negligence, he is obliged to pay indemnity for any loss incurred through the passenger's death or injury, or loss caused by damage to the passenger's luggage. The same applies to any loss incurred through delay of the passenger or his luggage. 

9) Any passenger who has suffered personal injury or sustained loss of, or damage, to hand luggage is reminded that he carries the burden to prove that the loss or damage was due to an incident occurring during the carriage, to show the extent of the damage and to prove that the company caused the loss or damage through fault or negligence. 

10) The Carrier is not obliged to pay indemnity for money, securities, objects of art or any other article of luggage of rare and precious nature, unless he has received the property for safe keeping.

11) Loss incurred through technical faults, weather conditions, operating conditions or other circumstances of force majeure nature is nor regarded as being due to fault or negligance of the Carrier. (See also item 16 below). 

12) Should the Carrier's liability be duly established, his liability is nevertheless to be limited as follows: 
a) in the case of personal injury, up to a maximum sum fixed at SDR 175,000.- per passenger, for death or personal injury. 
b) in the case of passenger's loss through delay, up to a maximum sum fixed at SDR 4,150.-.
c) in the case of loss of, or delay or damage to other luggage, up to a maximum sum fixed at SDR 1,800.- per passenger. 
d) in the case of loss of, or delay or damage to vehicles, up to a maximum sum fixed at SDR 10,000.- per vehicle.
e) in the case of loss of, or delay or damage to other luggage, up to a maximum sum fixed at SDR 2,700.- per passenger. 
f) in case of loss or delay or damage to such valuable luggage that the Carrier has received for safe keeping, up to a maximum sum fixed at SDR 6,750.-. 

The above sums apply to each and every trip. The Carrier is always entitled to pled the statutory global limitation rules.

13) The passenger is to bear the deductible prescribed by law for loss of damage up to the following sums: 
a) SDR 150.- per vehicle in the case of damage to vehicle.
b) SDR 20.- for other loss of, or damage to luggage. 
c) SDR 20.- for loss or damage through delay. 

The deductible is to be calculated upon the basis of the sum of loss or damage suffered before the limitation of liability as per item 12 is concidered. 

14) The term SDR is understood to mean Special Drawing Right as defined by the International Monetary Fund, to be converted into currency at the rate of exchange on the date when security is provided for liability or when payment is effected. The value of SDR appears in daily exchange rate quotations. On December 14, 2006 it was SEK 10,29 and EUR 1,15. 

15) Notwithstanding the above, the Carrier disclaims liability for: 
a) personal injury and loss or damage through delay to the passenger during the period before embarkation and after disembarkation. 
b) loss of, or delay or damage to hand luggage, including goods brought by the passenger in or on a vehicle, during the period before it was brought on board and after it was discharged. 
c) loss, delay or damage caused by any incident during the part of the carriage that is performed entirely, or to a definite part, by another specified carrier than the Carrier. The same applies if the passenger has the right to utilize another carrier.

16) The Carrier is entitled to perform the carriage by another vessel than that which is advertised or specified on the ticket, and without notice to effect changes in the timetable or to make deviations because of circumstances such as technical faults, weather and ice conditions, docking, marine casualties and other such conditions of operation for which the Carrier cannot be blamed (force majeure). 

17) Limitations of liability and reservations made above are also operative to the benefit of the ship's master, officers and crew, forwarding firms and agents, stevedores and other from whom The Carrier is responsible. The same applies even if the claim against the Carrier is not based upon the contract of carriage.  

18) Proceedings concerning the Carrier's liability for the carriage of the passenger or luggage can be instituted at the plaintiff's option only 
a) at a maritime court in the circuit of the Court of Appeal where the Carr9er has his dominicle or where he principally carries on business or 
b) at a maritime court in the circuit of the Court of Appeal where the place of departure or destination is situated under the contract of carriage between the Carrier and the passenger.

Besides what is specified above, the provisions of the Swedish Maritime Code are to apply to ships flying the Swedish flag. 

19) The place of juristdiction  will decide which law is to be applied.

20) The passenger or his assignee must submit a written claim to the Carrier without unreasonable delay after learning of circumstances giving rise to a possible claim for indemnity. 

Claims will expire if proceedings against the Carrier are not instituted in accordance with statutory regulations, in respect of  
a) any claim for indemnity on the grounds of the passenger's death or person injury or delay by the passenger conveyance, within two years from the date when disembarkation took place or should have taken place, and, if death occurred after disembarkation, within two years after death but no later than three years after disembarkation.
b) any claim for indemnity on the grounds of loss of, or damage or delay to luggage, including hand luggage, within two years from the date when the luggage was discharged or if the luggage was lostduring the trip, from the date when it should have been discharged. 

21) In other respects the statutes of the Finnish or Swedish Maritime Code are to apply. 

VIKING LINE ABP 
VIKING REDERI AB