Transport conditions

Standard conditions for passenger and luggage transport

This is a translation of the original Standard Conditions in the Finnish language. In case of a conflict between the translation and the Finnish text, the original Finnish text of the Standard Conditions will prevail.

The Carrier, Suomenlinnan Liikenne Oy, shall apply these Standard Conditions as of May 1st, 2000 to all passenger and luggage carriage from inner city Helsinki to Suomenlinna and back.

1. Definitions

‘The Carrier’ refers to Suomenlinnan Liikenne Oy, who owns and charters the vessel which is used for conveying passengers and luggage.

‘A Passenger’ refers to a person in possession of a valid local or regional traffic ticket and who is being carried in a vessel. A Passenger is also a person, who is in a vehicle which is being carried on board the vessel by virtue of a contract of carriage made by the Carrier.

‘Luggage’ refers to all articles that the Carrier carries on behalf of a passenger, excluding, however, vehicles or other means of transport carried by the Carrier in accordance with the Standard Conditions of Carriage.

‘Hand Luggage’ is such luggage and pet animals and personal utility items that a passenger carries with him or otherwise is in possession of during the journey.

2. The Vessel and the Journey

The vessel making the journey will be identified in the valid timetables. The Carrier has, however, the right to employ a vessel other than the one mentioned in the timetable or elsewhere.

The Carrier has the right, without prior notice, to make changes in the timetable or deviate from the course due to traffic or other circumstances such as technical failure, weather conditions, ice, docking, average or any circumstance beyond the Carrier’s liability (for force majeure, see also Item 6.).

The Carrier can refuse to carry a passenger who may cause costs to the Carrier or who may endanger the health of other passengers or of the vessel’s personnel or otherwise restrict their rights. The Carrier or his agent can also refuse to carry an intoxicated person or a person creating disturbance. Such persons can be removed from the vessel.

3. Luggage

A passenger has the right to carry along a fair amount of luggage. Should the total weight of the luggage carried by a passenger exceed 20 kg, it is no longer considered luggage but goods subject to a separate tariff, and in such cases Standard Conditions of Carriage apply.

The Carrier has the right to refuse to carry luggage if the said luggage, hand luggage included, may cause danger or inconvenience to other passengers or luggage, to the environment, to the cargo or to the vessel itself. In cases where a passenger has brought along luggage causing danger or inconvenience, the Carrier has the right, without hearing the passenger in question, to take the said luggage ashore, to neutralize it or destroy it at the cost of the passenger in question without being liable for damages.

The Carrier has the right, without a specific notice, to carry luggage on the deck of the vessel.

4. Passenger’s Liabilities

During the carriage, a passenger is under the obligation to follow the regulations in force concerning order and safety on-board, as well as any other regulations thereto related issued by the ship’s master or by persons assisting him. The ship’s master and persons assisting him supervise the observance of the regulations and are entitled to use force to maintain order as prescribed in the Seamen’s Act (423/78).

If a passenger is aware of the fact that his luggage or hand luggage may cause danger or inconvenience to other passengers or luggage, to the cargo, to the ship’s personnel or to the vessel, he must inform the Carrier thereof prior to the departure of the vessel. Correspondingly, if the luggage requires special attention, the passenger must inform the Carrier of it. The Carrier has the right to refuse to carry such luggage.

The passengers must devote proper care to their luggage, hand luggage included.

Should a passenger cause damage to the Carrier or to the vessel, the passenger is liable to compensate it in full. If any luggage has caused damage to the Carrier or to the vessel, the passenger in possession of such luggage is liable to compensate the damage if he or any person under his authority has caused the damage through faulty or negligent conduct.

5. The Carrier’s Liability Concerning Personal Injury and Damage to Luggage

The Carrier is liable for personal injury caused by an occurence during the journey or a damage to a passenger caused by a delay, even if the said delay is not caused by an occurence during the journey, if the Carrier or any person under his authority has caused the said damage through faulty or negligent conduct.

The Carrier is liable to compensate to a passenger for luggage, if the said luggage, hand luggage included, gets lost or damaged due to an occurence during the journey and if the Carrier or any person under his authority has caused the said damage through faulty or negligent conduct. The same applies to a damage caused by delay to a passenger’s luggage or hand luggage, even if the said delay has not been induced by an occurence during the journey.

A passenger who has suffered personal injury or damage to luggage is under the obligation to prove the extent of the injury or damage. As regards personal injury or damage to or loss of luggage the passenger must additionally prove that such injury, damage or loss has been caused by faulty or negligent conduct of the Carrier or of any person under his authority, if the said injury, damage or loss has not been caused by shipwreck, collision, grounding, explosion, fire or by a failure incurred to the vessel.

The Carrier is not liable to compensate for money, securities, objets d’art or other luggage of particular value, if the Carrier has not taken such property for safekeeping.

6. Exemption from Liability

The Carrier is not liable for a personal injury or damage due to delay, which has occurred prior to embarking or after disembarkation. Nor is the Carrier liable for any loss or delay of or damage to luggage occurred prior to or after the journey.

In assessing personal injuries or damages to luggage, including damage due to delay, incurred to a passenger, any cause of damage due to force majeure will not be regarded as the Carrier’s failure or negligence. For instance, a sudden and unforeseen failure of the vessel or its controls, average, weather conditions, traffic conditions, labour conflict, acts by authorities, war or other corresponding causes may be considered force majeure.

The Carrier is not liable for any such harm or damage or damage due to delay to the passenger or the luggage which is caused by inadequate transport capacity in the line.

The Carrier is not liable for indirect damage like loss of income caused by damage to goods or damage due to delay.

In cases where the Carrier and a passenger have agreed that the carriage or a part of it is conducted by an identified sub-carrier, the Carrier is not liable for any loss, damage or damage due to delay caused by an occurence during the part of the journey for which the sub-carrier is responsible.

7. Limitation of Liability

Should the Carrier, on the basis of these conditions of carriage or of the applicable law be found liable for damage or damage due to delay, his maximum liability will, however, be limited as prescribed in the Maritime Code (674/1994) and in accordance with the conventions applied to carriage. In addition to detailed limitations of liability concerning passengers or luggage, the Carrier always has the right to plead of global limitation provisions of the Maritime Code.

The provisions as to the exemption from or limitation of liability applied to the Carrier and any person acting under his authority are valid, even if a claim for compensation is not based on the Contract of Carriage.

8. Passenger’s Responsibility

The passengers bear an own risk for damage or damage due to delay, as prescribed in the Maritime Code. The excess will be calculated from the total damage prior to limiting the Carrier’s liability as per Item 7.

9. Liability of Servants and Sub-carriers

The sub-carriers contracted by the Carrier as well as the ship’s officers, the crew, the officials, the agents, the stevedores and others for which the Carrier is responsible have the right to appeal to the same rules concerning the exemption from and limitation of liability as the Carrier himself.

The aggregate liability of the Carrier and any person for whom he is responsible shall be limited to that prescribed in the Maritime Code.

10. Notice of Loss

A passenger or his beneficiary shall, immediately after receipt of information of such circumstances that may create a basis for a claim, advise the Carrier thereof in writing.

11. Period of Limitation

Claims to the Carrier that have not been submitted within the time limit as prescribed in the Maritime Code will become time barred.

A claim caused by the death of or a physical injury to a passenger, or a claim based on delayed carriage will become time barred within two years from disembarkation or from the time when disembarkation should have taken place or, if death incurs after disembarkation, within two years from death, however, not later than within three years from disembarkation.

A claim based on loss, damage or damage due to delay to luggage, including hand luggage, will become time barred within two years from the day the said luggage was brought ashore or, if the luggage has got lost during the journey, from the time when it should have been brought ashore.

12. Applicable Law and Jurisdiction

The Finnish law is applied to the carriage and to all disputes arising therefrom. The competent court is the Maritime Court of Helsinki.

Standard conditions of carriage

The Carrier, Suomenlinnan Liikenne Oy, shall apply these Standard Conditions of Carriage as of May 1st, 2000 to all contracts of carriage of goods from inner city Helsinki to Suomenlinna and back.

1. Definitions

‘The Carrier’ refers to Suomenlinnan Liikenne Oy, who owns or charters the vessels used for conveying goods.

‘The Shipper’ refers to the party who concludes a contract of carriage with the Carrier or with his agent.

‘The Goods’ refers to all motor vehicles, trailers, transport units and all other goods but not luggage, to be carried on board a vessel under a separate tariff given by the Carrier.

2. Contract of Carriage

Contracts of carriage are made on the basis of confirmed advance reservations or on the departure of the vessel. The Shipper will receive a freight ticket that does not, however, contain information of the Shipper nor of the receiver of the goods. These Standard Conditions of Carriage are a part of the Contract of Carriage.

The Standard Conditions of Carriage for passenger and luggage carriage will be applied to the drivers of vehicles to be carried on board the vessel as well as to the Carrier’s liability.

3. Freight and Terms of Payment

The freight payable is based on the Carrier’s tariffs in force on the day of carriage. If not otherwise agreed, the freight shall be paid in full prior to the journey.

4. The Vessel and the Journey

The Carrier has the right to employ a vessel other than the one mentioned in the timetable or elsewhere as well as to engage a sub-carrier.

The Carrier has the right, without prior notice, to make changes in the timetable or to deviate from the route due to traffic or other circumstances such as technical failure, weather conditions, ice, docking, average or any circumstance beyond the Carrier’s control (force majeure).

5. Delivery, Carriage and Discharge of the Goods

A vehicle that is not ready to be driven onboard the vessel ten (10) minutes at the latest before the announced departure will lose the space reserved for it. Vehicles without a reservation will be taken on board only if space is available.

The Carrier has taken the goods for carriage when the said goods have crossed the tackle in the place of departure. The goods shall be delivered to the Carrier in such a condition that they can be safely and easily brought on board, stowed, carried and discharged.

Vehicles and other goods are carried on the deck of the vessel. The Carrier is not liable for unsuitability of goods for carriage on deck.

The Carrier is not under the obligation to examine a vehicle or other transport units from the inside to verify that the goods are packed in such a manner that they cannot get damaged or cause personal injury or damage to property. The Shipper is responsible to the Carrier for any damage caused by goods faultily or defectively loaded or packed in a vehicle or in other transport unit.

The Shipper is under the obligation to ensure that the goods will be collected immediately upon arrival in the destination.

The goods considered discharged when they cross the tackle in the destination. If the goods are not collected immediately upon arrival, the Carrier is entitled to have them discharged in the quayside on behalf and at the cost of the Shipper.

If the Shipper leaves the loading or discharge of the goods to the Carrier, it will be carried out on the Shipper’s responsibility.

6. Hazardous Goods

Hazardous goods will be taken for carriage only with the Carrier’s consent. In case of hazardous goods, the Shipper shall advise the IMDG code of the goods, technical denomination of type of goods, information regarding necessary protective measures and how a possible hazard can be prevented. The Shipper must ensure that the provisions and regulations of the Act (719/1994) governing the carriage of hazardous substance, the decree (666/1998) regulating the carriage of hazardous goods as well as other regulations concerning hazardous goods are followed.

If the Shipper is aware that the goods are of such type that carrying them may cause danger or considerable harm to persons, to the vessel or to the cargo, he is under the obligation to impart this information.

If the Shipper gives hazardous goods for carriage without duly notifying of their hazardous nature and without giving information of the necessary protective measures, the Shipper is responsible to the Carrier for all costs and damage that incur from carrying such goods. In such cases and considering the circumstances, the Carrier has the right to discharge, neutralize or destroy the goods without a liability to compensate.

7. Live Animals

The Shipper shall always give a separate notice of carrying a live animal, whose carriage will take place with the Carrier’s consent only. Live animals can be accepted for carriage if they cause no harm to other passengers. Police dogs, guide dogs, invalid’s help dogs and dogs involved in civil defence will always be accepted. Due to specific risks in this type of carriage, the Carrier will not be held responsible for loss of or damage to live animals.

If a live animal causes damage to the Carrier, to the vessel, to other goods or passengers, the Shipper is liable to compensate in full.

8. The Carrier’s Liability

The Carrier’s liability for the goods commences when he has received the goods for carriage and ends when the goods have been discharged from the vessel in the destination.

The Carrier’s liability for damage and damage due to delay is defined in accordance with the Maritime Code (674/1994). The Carrier’s liability for damage is limited as has been prescribed in the Maritime Code and the International Conventions the Maritime Code is based upon. Thus carriage is governed by the International Convention for the Unification of certain rules of law relating to Bills of Lading of 1924, as amended by the Protocol of 1968 (The Hague-Visby Rules) and in the Protocol of 1979. Any conditions which deviate from the Maritime Code or from the Convention to the Shipper’s, the Carrier’s or receiver’s disadvantage are null and void. The possible nullity of a condition will not affect the validity of the Contract of Carriage and its other conditions.

The Carrier is liable for damage due to delay or for damage caused by loss of or damage to the goods while in the Carrier’s possession, if he cannot prove that the damage has not been caused or contributed to by the Carrier’s own fault or negligence or by that of a person acting under his authority.

The Carrier is under no obligation to ensure that the party to whom the goods are delivered in the destination is an authorised receiver.

9. Exemption from Liability

The Carrier is not liable for such damage or damage due to delay that is caused by measures taken to save a human life or by reasonable measures taken to save the vessel or other property at sea.

The Carrier is not liable for damage or damage due to delay caused by the Shipper’s fault or negligence, by carrying out the instructions given to the Carrier, by deficient or faulty packing of the goods, by fault or deficiency in the information given concerning the goods, by damage caused by the nature of the goods, by handling of the cargo on behalf of the Shipper or by other reason that the Carrier could not have reasonably avoided.

The Carrier is not liable for damage or damage due to delay caused by a force majeure, such as a sudden and unforeseen failure of the vessel or its controls, weather conditions, traffic conditions, labour conflict or other corresponding reason.

Neither is the Carrier responsible for damage to the goods or damage due to delay caused by inadequate carriage capacity in the line or for the vessel’s usuitability for carrying the goods.

In cases where the Carrier and the Shipper have agreed that the carriage or part of it be conducted by a sub-carrier, the Carrier is not liable for any damage to the goods or damage due to delay, if these have incurred when the goods were in the possession of sub-carrier.

10. Limitation of Liability

Should the Carrier, on the basis of these conditions of carriage or of the applicable law be found liable for damage or damage due to delay, his maximum liability will, however, be limited as per the regulations of the Maritime Code (674/1994) or in accordance with the conventions applied to carriage. In addition to detailed limitations of liability concerning carriage of goods, the Carrier always has the right to appeal to the global limitation provisions of the Maritime Code.

The Carrier will not be held liable for indirect damage due to loss or delay like loss of income.

When assessing damage due to delay, it must be observed that the Carrier has not guaranteed the accuracy of the timetables, but the Carrier has when necessary the right to deviate from the times of departure. (See also Items 4 and 9).

11. Liability of Servants and Sub-carriers

All sub-carriers contracted by the Carrier as well as the ship’s officers, the crew, the officials, agents, stevedores and others for whose acts the Carrier is responsible have the right to appeal to the same rules concerning the exemption from and limitation of liability as the Carrier himself.

The aggregate liability of the Carrier and of any person for whom he is responsible shall be limited to that prescribed in the Maritime Code.

The rules concerning the exemption from or limitation of liability applied to the Carrier or any person acting under his authority are valid, even if a claim for compensation is not based on the Contract of Carriage.

12. General Average

The Antwerp Rules of 1974 will be applied to damage, loss or costs and the division thereof caused by general average. The average statement will be made by an average adjuster appointed by the Carrier.

13. Notice of Loss

If a partial loss of or damage to the goods could reasonably not have been noticed upon the delivery of the goods, the Shipper shall advise the Carrier of the occurence in writing not later than within three days from the delivery of the goods.

14. Period of Limitation

All claims to the Carrier that have not been submitted within the time limit prescribed in the Maritime Code will become time barred.

A claim based on loss, damage or damage due to delay will become time barred within one year from discharge from the vessel or from the time discharge should have taken place.

15. Applicable Law and Jurisdiction

The Finnish law is applied to the carriage and to all disputes arising therefrom. The competent court is the Maritime Court of Helsinki.