GENERAL BOOKING TERMS & CONDITIONS ... - DFDS Seaways

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12. Our Liability to You We shall always try to perform and serve you as best as we can so that your carriage and any other services related to your booking and/or ordered by you are smooth and pleasant. On the other hand, we would like to draw your attention to the fact that, generally, we shall be under no liability to you at all if failure to perform or improper performance of any contractual obligation is caused by: (a) your own fault or the fault of anybody else included in your booking; or (b) a third party unconnected with the provision of any service contracted for and the failure is unforeseeable or unavoidable; or (c) (i) any unusual and unforeseeable circumstance beyond our control, the consequence of which could not have been avoided even if all due care had been exercised; or (ii) an event, which we or any supplier of services, even with all due care, could not foresee or forestall. Subject always to the above, our liability is specifically as follows: - a) Packages only If any part of your Package is not as described and does not reach a reasonable standard, or if you suffer personal injury, illness or death as a result of any improper performance by us of the obligations we owe you under this contract and/or statutory obligations, we will pay you reasonable compensation taking into account all relevant factors including the invoice price of your holiday, any steps it was reasonable for you to take to minimise the inconvenience/damage suffered and the extent to which the deficiency or improper performance can have affected your enjoyment of the holiday. This acceptance of liability is subject to three qualifications: - (i) We are not liable to pay compensation if the deficiency, personal injury, illness or death does not result from any fault on the part of us or our suppliers, but is caused by your own acts and/or omissions, by the acts and/or omissions of a third party (excluding one of our suppliers) or by circumstances which neither we nor our supplier could have anticipated or avoided even exercising all due care. (ii) Our liability to compensate you and the amount of compensation payable is limited in accordance with certain international conventions including the Athens Convention, the Warsaw Convention, and the Berne Convention. Copies are available on written request – please allow us 28 days for delivery from the moment you request to supply you with the same that has been received by us. (iii) It is essential for the payment of compensation that you notify us of any complaint or claim strictly in accordance with Cl. 13 below and, further, assign to us any rights you may have against any third party in connection with your claim. If you suffer illness, injury or death during a Package arising out of an activity, which does not form part of your booking with us, we will offer general advice and assistance where appropriate. If you wish to take legal action against a third party in connection with serious misadventure, we may provide, in our absolute discretion and provided you request it within 90 days from the date of your misadventure, certain amount as a financial assistance, provided such monies are repaid to us out of any award of damages or payment under any insurance policy held. b) Other travel arrangements including Ferry Transport only Our liability or that of any such shipping company is always subject to the limitation under certain international conventions including the Athens Convention, the Warsaw Convention, and the Berne Convention. Additional liability can only be undertaken by us only in writing and then only where the special circumstances (e.g. arrival on time for a special event) have been fully explained to us (and in writing) before you make the booking. This procedure allows us knowingly to consider - in advance - whether we can undertake such risk and, if so, on what terms. And, as a matter of record, we never undertake to offer a connecting service with any other vessel or other form of transport, whether on land, sea or by air. c) Other liability provisions We cannot accept liability for any loss or damage you suffer (including any personal injury or death) unless the applicable legislation provides otherwise or such loss or damage is caused by our own negligence, or breach of statutory duty, or breach of contract, or by the negligence of our employees or agents acting in the scope of their authority, in which cases our liability to you and the amount or compensation to which you may be entitled will be limited to the liability we would owe you and the compensation which would be payable under the Athens Convention. We shall be exempted from all liability in respect of passengers before embarkation and after disembarkation. The exemption also applies to cabin luggage before being brought aboard or after having been brought ashore. The exemption further applies to a voyage including other modes of transport and/or stays and arrangements ashore. We shall not accept any liability for loss of or damage to money, securities and other valuables, such as gold, silver, watches, jewels, jewellery and objects of art nor for live animals.
Driving vehicles on board and ashore is done at the risk of the passenger himself and without any liability to us. It is up to you to see to it that the brakes of his vehicle are duly applied during the transport. We are entitled at our own option and without previous notice to you to transport vehicles on weather deck. Any damage to vehicles onboard must be reported to a ship‟s officer before disembarkation, otherwise, you risk that you will be refused payment of compensation for such damages. We specifically draw your attention to the fact that our liability to you shall be subject to a deductible of 300 SDRs (Special Drawing Rights as defined by the International Monetary Fund, which value is based on a basket of four key international currencies, and SDRs can be exchanged for freely usable currencies. See more on: www.img.org) in the case of damage to a vehicle and - 135 SDRs (Special Drawing Rights) per passenger in the case of loss of or damage to other luggage, such sum to be deducted from the loss or damage. In case of loss suffered as a result of the loss or damage to mobility equipment or other specific equipment, used by a disable person or person with reduced mobility and provided the incident which caused the loss was due to our fault or neglect, we shall pay a compensation, which shall correspond to the replacement value of the equipment concerned or, where applicable, to the costs relating to the repairs. We specifically draw your attention to the fact that, unless we are not allowed to limit our liability as per the applicable legislation, our liability for the aforementioned loss shall be limited to payment of compensation for a maximum of 2 pieces of such equipment and in no cases our liability shall be greater than 3.500 EUR per passenger. All provisions concerning defence to or limitation or exclusion of liability in favour of us shall also be applicable in favour of any person who is performing work in the service of the vessel (including pilots) or other transport mean by which the service is rendered or hotel. 13. Complaints If there is a problem during your holiday or whilst travelling on one of our ships or during any other services related thereto, you must report it to the representative of the relevant hotel, shipping company or other supplier immediately, or to us, so that prompt efforts can be made to resolve the problem. In the unlikely event that a problem cannot be resolved at the time and you feel you have a complaint against us, you must send us full written details within 28 days at the latest from the date on which the service was performed or when a service should have been performed except the cases stated at Athens Convention when the written notice is to be given within the shorter time limits stipulated therein. You may also send us your complaint by e-mail: travel.sales@dfds.com. When submitting your complaint, please write your booking reference number as the subject field of your e-mail and include your daytime and evening telephone numbers and e-mail address or fax No. Failure to take these steps will prejudice our ability to resolve your problem and/or investigate it fully and give you a proper reply promptly, if at all possible. 14. Data Protection Act 1998 We will hold any information you give us in connection with your booking in accordance with the Data Protection Act 1998. It will be used for reservations, travel document issue and marketing. If you would like a copy of the personal information we hold about you, please write to us - we reserve the right to make a charge (currently £25) for supplying such information. If, as a result of breaching these Terms and Conditions or otherwise, your name is placed on our banned customer list, we will hold such information as is required to enable us to prevent subsequent bookings, for as long as we consider appropriate. 15. Financial Security To ensure you would be refunded and/or repatriated in the unlikely event of our insolvency, our inclusive holiday programme is fully bonded under the Passenger Shipping Association‟s Consumer Protection Scheme. 16. Law and Jurisdiction Our legal relationship with the passengers in respect of the services rendered (including but not limited to booking and carriage) is to be governed by English law and subject to the exclusive jurisdiction of the Courts of England and Wales. No proceedings may be brought before any other Court unless the Parties expressly agree on both the choice of another Court or Arbitration tribunal and the law to be then applicable. Publication Date: 18 December 2012
Page 1 and 2: GENERAL BOOKING TERMS & CONDITIONS
Page 3 and 4: This confirmation advice gives you
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Page 9: (i) in order to meet applicable nat

GENERAL BOOKING TERMS & CONDITIONS ... - DFDS Seaways

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