OWP

GENERAL TERMS AND CONDITIONS OF CARRIAGE BY SEA

OF PASSENGERS AND THEIR BAGGAGE

valid: from February 1, 2019 until the date of introducing changesDefinitions

Definitions

The following terms, used in the contents of this document, shall have the meanings indicated below:

Terms and Conditions – this version of the General Terms and Conditions of Carriage by Sea of Passengers and their Baggage.
Agreement – an agreement for the provision of the Service, an integral part of which are the Terms and Conditions, concluded between the Carrier and the Passenger, acting either directly or through authorized agents or through other duly authorized representatives acting for or on behalf of the relevant party to the Agreement.
Ticket – a document issued to a named person, which is proof of the conclusion of the Agreement with a specific Passenger.
Carrier – as the case may be: UNITY LINE LIMITED or EUROAFRICA SHIPPING LINES CYPRUS LIMITED, or their successors in title, even if they are not the owners or operators of the Ship.
Passenger – a person using the Service under the Agreement.
Disabled Person or Person with Reduced Mobility – a Passenger who is a disabled person or a person with reduced mobility within the meaning of Regulation (EU) No 1177/2010.
Baggage – any item that is not Cargo (including a Vehicle), owned or controlled by the Passenger, or under the Passenger’s care or supervision.
Cabin Baggage – Baggage which is in the cabin occupied by the Passenger or which otherwise is owned or controlled by the Passenger, or under the Passenger’s care or supervision.
Essential Medical Equipment – medical equipment and mobility equipment necessary for a Disabled Person or Person with Reduced Mobility.
Assistance Dog – a properly trained dog, specifically marked and vaccinated by a veterinarian, necessary for a Disabled Person or Person with Reduced Mobility, the training and current vaccinations of which are attested by appropriate certificates.
Cargo – any items which the Passenger does not control and items in the hold of the Ship, and items intended for commercial, transport, industrial or construction purposes, including those carried inside the Vehicle or on the Vehicle, and coaches (buses) and similar vehicles used for the provision of group passenger transport services. The Vehicle shall also be considered to be Cargo if at least one of the following occurs on the date of Carriage: (i) goods or other items carried in the Vehicle cannot be permanently and safely separated from the Vehicle during Carriage or (ii) the Vehicle is not approved for use in road traffic or does not have all the documents required to move on the roads of the country in which the Carriage begins or ends, or (iii) the Vehicle is defective or incomplete or faulty in such a way that it cannot move using its own drive or (iv) the Vehicle does not have a driver or the driver of the Vehicle does not have a valid Ticket for the same Carriage as the Vehicle.
Valuables – any valuable items or documents, including but not limited to: means of payment or payment instruments, credit cards, precious metals, bars of precious metal, coins, numismatic items, semi-precious or precious stones, jewelry or other articles containing precious metals or semi-precious or precious stones, antiques, paintings, works of art, securities or other items having a significant value for the Passenger.
Vehicle – a passenger vehicle which is technically operational and approved for use in road traffic, with a height not exceeding 3,60 meters, a length not exceeding 10 meters and a total weight not exceeding 3,5 tonnes, or a combination of such motor vehicles of a total length not exceeding 12 meters. The height of the vehicle (combination of vehicles) shall be measured together with racks or other devices or structures mounted on the vehicle (combination of vehicles), trunks and other objects on the vehicle (combination of vehicles).
Carriage – the Service provided by the Carrier pursuant to the Agreement.
Service – the Service of the carriage of passengers and their baggage by sea, provided by the Carrier, using the Ships, pursuant to the Agreement.
Fee – depending on the context, the price for the Carriage or the price for the Service.
Timetable – a valid schedule of the start and end times of the Services on the routes operated by the Carrier using the Ships, published by the Carrier.
Price List – a valid list of Fees and other charges related to the Services provided at each port on the routes operated by the Carrier, using the Ships, published by the Carrier.
Units of Account – Special Drawing Right as defined by the International Monetary Fund.
Ship – any ship used currently or in the future by the Carrier for the purpose of providing the Services, irrespective of the legal basis for the Carrier to dispose of the Ship.
Force Majeure – any external events beyond the Carrier's control, which could not have been prevented or whose effects could not have been avoided even if reasonable steps were taken to prevent such effects, and any: disturbances of public order restricting or preventing the proper implementation of the Agreement by the Carrier, including: war, riots, blockages, strikes and adverse weather conditions which, according to the Carrier, may endanger the safety of the Passengers or Ships or cause faults of the Ships other than those resulting from collision.
Regulation (EC) No 392/2009 – Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents.
Regulation (EU) No 1177/2010 – Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when traveling by sea and inland waterway and amending Regulation (EC) No 2006/2004.
Athens Convention — Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, adopted in Athens on 13 December 1974, as amended.
Order Fees – any charges imposed by the Carrier on the Passenger as described in paragraphs 12.15-12.17 of the Terms and Conditions.
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

General provisions

Unless expressly provided otherwise in the Agreement, the Terms and Conditions shall form an integral part of all Agreements concluded by the Carrier during the term of these Terms and Conditions.
The Terms and Conditions shall specify in particular:
- the rights and obligations of the parties to the Agreement, the conclusion of which shall be evidenced by a Ticket;
- the content of other legal relations between the Carrier and the Passenger relating to the Carriage;
- the rights and obligations of persons using the Service without a valid ticket.
The conclusion and implementation of the Agreement and the Terms and Conditions shall be governed by the law of the Republic of Poland and the conventions and other international regulations applicable by law to the Agreement, the Carriage or the Service, in particular: Regulation (EC) No 392/2009, Regulation (EU) No 1177/2010 and the Athens Convention.
The summaries of the provisions of Regulation (EC) No 392/2009 and Regulation (EU) No 1177/2010 are annexed to the Terms and Conditions.
Subject to the provisions of Council Regulation (EC) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and the provisions of the Athens Convention or other mandatory provisions of law, provided that the action is brought before a court in the territory of the Republic of Poland, any dispute relating to the conclusion or implementation of the Agreement, Terms and Conditions, Carriage or Service shall be settled at the level of first instance only by the competent court in Szczecin (Poland).
Terms and Conditions have been prepared in Polish. Any other language versions of the Terms and Conditions are only translations of the Terms and Conditions, therefore, in the event of discrepancies between the different language versions of the Terms and Conditions, the Polish language version shall prevail.
If any provision of the Agreement or the Terms and Conditions is found to be contrary to the mandatory provisions of law or unenforceable due to that law, it shall be replaced by the relevant provision of the applicable law, which, having regard to the interpretation of the Agreement and the Terms and Conditions as a whole and the nature and type of the relations governed by the Agreement and the Terms and Conditions, shall, as close as possible to the excluded provision, regulate the matter which the excluded provision had governed in the Agreement or the Terms and Conditions.
If any of the terms defined in paragraph 1.1 need to be used in the singular or plural in the implementation of the Agreement, the corresponding term used in the Terms and Conditions in a different number shall be understood as used in the singular or plural, respectively, irrespective of the manner in which this term is used in the Terms and Conditions.

Agreement and Carriage

By concluding the Agreement, the Carrier undertakes to perform the Service, in accordance with the rules set forth in the Ticket and the Terms and Conditions, or other regulations issued by the Carrier that are applicable to the Service.
The person reserving or purchasing the Ticket must inform the Carrier whether the persons for whom the reservation is made include any Disabled Persons or Persons with Reduced Mobility, and inform about: special needs of the Disabled Persons or Persons with Reduced Mobility in respect of accommodation, seat, required services, the need for the Disabled Persons or Persons with Reduced Mobility to use any Essential Medical Equipment on board a ship, and its type and size, or the intention to use an Assistance Dog during Carriage.
The information referred to in paragraph 3.2. must be provided to the Carrier no later than 48 hours before the expected assistance is provided to a Disabled Person or Person with Reduced Mobility. Failure to comply with this deadline may prevent the Carrier from obtaining the expected assistance, even though the Carrier will make every reasonable effort to ensure that the assistance is ensured.
Where the persons for whom the reservation of Tickets is made include any Disabled Persons or Persons with Reduced Mobility, the person making the reservation shall provide true and comprehensive answers to the questions concerning Disabled Persons or Persons with Reduced Mobility asked by the person accepting the reservation, in particular, regarding the type of disability or reduced mobility and the assistance expected from the Carrier.
The carrier shall be entitled to perform the Carriage indicated in the Timetable with a Ship other than that assigned for the Carriage on the Timetable or indicated in the contents of the Ticket.
The amount of the Fees shall be determined by the Price List, whereby the Price List in the version current on the date of making reservation or purchase of the ticket shall apply to the Carriage each time. In addition to the Fees resulting from the Price List, the Carrier is entitled to introduce additional charges equivalent to the Carrier's operating and handling costs.
The Carrier reserves the right to change the Price List or Timetable without prior notice. However, the Carrier shall remain responsible for the cancellation, delay in departure or delay in arrival in accordance with Regulation (EU) No 1177/2010.
The Agreement shall be concluded at the time when the Ticket is issued to the Passenger.
The only proof of the conclusion of the Agreement is the Ticket. A Passenger who does not have an appropriate Ticket cannot board the Ship or put the Baggage on the Ship.
By entering into the Agreement or purchasing the Ticket, the Passenger acknowledges that he/she has read: The Terms and Conditions, the terms for non-discriminatory access to sea ferries for Disabled Persons or Persons with Reduced Mobility and accompanying persons, as announced by the Carrier, the quality standards for assistance to Disabled Persons or Persons with Reduced Mobility, as announced by the Carrier, and other regulations related to the Carriage, and that the Passenger fully accepts them and undertakes to apply them.
The provisions of the Terms and Conditions shall apply accordingly to persons who use the Services without a valid Ticket issued to the person concerned. By using the Service without the above-mentioned Ticket, the person acknowledges that he/she has read the Terms and Conditions and accepts them.

The Passenger may not transfer the Ticket or any other rights or claims under the Agreement to a third party without the permission of the Carrier.
The Carrier may entrust the implementation of the Agreement in whole or in part to third parties.
The Passenger must notify the Carrier immediately, taking into account the circumstances of the case, of the finding of any non-compliance consisting in the non-performance or improper performance of the Agreement by the Carrier.
The Carrier shall not be liable for non-compliance consisting in the non-performance or improper performance of the Agreement in the following cases:
- the Passenger or the person for whom the Passenger is responsible is at fault for the non-compliance,
- a third party not involved in the Carriage is at fault for the non-compliance, and the non-compliance could not have been predicted or avoided;
- the non-compliance was caused by inevitable and extraordinary circumstances, including Force Majeure.
In any event, the Carrier shall be liable for failure to perform the Agreement or its incorrect performance only up to the amount of the Fee and only for actual damage (damnum emergens) caused by its culpable action or omission which is not in conformity with the Agreement, unless otherwise expressly results from the Ticket or the Terms and Conditions or applicable law.
Where special provisions limit the extent or the conditions under which damages or compensation is paid by third parties whose services the Carrier uses in the performance of the Agreement, the same limitations shall apply to the Carrier.
The Carrier may refuse to provide the Service to a person who does not hold a valid Ticket or valid boarding pass or a valid identity document proving nationality (in particular, an identity card or passport) and to a person whose full name is not shown in the Ticket or boarding pass as that of the Passenger.
The Terms and Conditions shall apply accordingly to drivers or persons accompanying the Cargo carried under an agreement for the carriage of goods by sea, however, provided that the Carrier shall be always entitled to the maximum limitation of its liability toward such persons, which is permitted by law at any given time (whether it is expressly reserved under any terms and conditions or agreement or not) and grant such persons only those rights and privileges which are required by law at the time (whether such a right or privilege has been expressly granted under any terms and conditions or agreement or not). The obligations of the Carrier in relation to the persons referred to in the preceding sentence shall be limited only to those obligations whose fulfillment is required by law at the time (whether such obligation is provided for in any terms and conditions or agreement or not).

Ticket

The Ticket shall be issued to the Passenger only on the basis of and upon presentation of a valid identity document stating the nationality (in particular: an identification card or passport) and upon payment of the Fee. A boarding pass shall be issued to the Passenger together with the Ticket, which authorizes the Passenger to board the Ship and to use other services specified in the Ticket or boarding pass.
The Passenger is obliged to keep and hold the Ticket and boarding pass throughout the time of Carriage, until the Passenger leaves the Ship.
The Passenger must immediately check the contents of the Ticket and the boarding pass, and report any errors without delay.
The Passenger may, within not less than 24 hours before the time of departure of the Ship indicated in the Timetable, withdraw from the Agreement by returning the Ticket, subject to the Carrier's deduction of the fee for withdrawing from the Agreement in the amount of 50% of the Fee. In the event of the withdrawal from the Agreement by the Passenger within less than 24 hours before the time of departure of the Ship indicated in the Timetable, the Carrier shall deduct the fee for withdrawing from the Agreement in the amount of 100% of the Fee.
In the event that the Passenger purchases the Ticket for a Fee lower than the fee indicated in the Price List in the version in force on the date of withdrawal by the Passenger from the Agreement and the relevant Service to which the ticket relates, the Carrier shall have the right to require from the Passenger an additional charge equal to the difference between the Fee actually paid by the Passenger for the ticket, and the Fee payable in accordance with the Price List.
In the event that a person who uses the Service has no valid Ticket issued in accordance with his or her personal details or no boarding pass, such person shall pay a double Fee for the Service he or she uses, in accordance with the current version of the Price List in force at the time of performance of the Service, and to cover any other costs of the Carrier arising from such an incident or the need to prepare appropriate documents, including the costs arising from the use of the Service by such person, or the costs arising from the need to remove such person from the Ship.
The Ticket, together with other documents indicated in the Terms and Conditions or required by law, entitles the Passenger to use the Service only on the route of the Carriage indicated in the Ticket and by the Ship indicated in the Ticket, unless otherwise expressly stated in the Agreement.
The Ticket shall cease to be valid after the expiry of the period indicated on the Ticket or, in the event of failure to use the ticket, on the date of departure of the Ship indicated in the Timetable.
The Ticket shall be drawn up in the form of a printed sheet. Any handwritten, printed or otherwise made modifications or additions to the content of the Ticket or deletions shall remain invalid unless the Carrier or an authorized agent of the Carrier has made them.

Cabins

Only as many persons as the cabin is intended for by the Carrier may be present in the cabins on the Ship. Only persons for whom places in the cabin have been bought are allowed to stay in the cabin.
In the case of shared cabins, the Passengers shall be allocated to cabins first by gender. Places in the cabin are randomly allocated. The passenger has no option to select a place in the cabin.
Passengers traveling with children under 13 years of age who buy a cabin are obliged to buy the entire cabin for themselves only.
Passengers under 16 years of age traveling alone (unaccompanied by an adult) are required to buy the entire cabin for themselves only for safety reasons.
Passengers must leave the cabin 30 minutes before the Ship is scheduled to arrive at the port of destination. At the time indicated in the preceding sentence, the crew of the Ship shall be entitled to enter the cabin for the purpose of cleaning it or service of the equipment located in the cabin. Before leaving the cabin, the Passengers must carefully check whether they have not left any items in the cabin. The Carrier shall not be liable for items left by the Passenger in the cabin or on board the Ship.
The Passenger shall return to the reception desk on board the Ship the key to the cabin no later than 30 minutes before the Ship is scheduled to arrive at the port of destination.
If the date of the Carriage is changed, the Passenger shall lose the right to a place in the cabin, even if he/she has previously purchased a cabin or a place in the cabin for the Carriage. The Passenger shall not be entitled to a refund for the cabin or a place in a cabin. However, the Carrier may, at its discretion, assign a cabin to the Passenger for the changed date of Carriage, if the cabins have not been reserved or bought. The Carrier may also, at its discretion, refund the compensation for the cabin.
If it is found that, after the Ship leaves port, not all the cabins are used, the Passenger can repurchase a cabin or places in a cabin directly on board the Ship in accordance with the current Price List. In the event of purchase of a cabin or place in a cabin directly on board the Ship, if appropriate circumstances justifying such a request occur, the Passenger may apply for a refund of the fee for the purchase of a cabin or place in a cabin directly on board the Ship, only upon submitting a written complaint and delivering the original proof of the purchase of a cabin or place in a cabin directly on board the Ship.

Check-in and boarding

Boarding the Ship takes place based on a valid Ticket with a valid boarding pass and upon presentation of a valid identity document proving nationality (in particular: an identity card or passport).
Check-in of Passengers and Vehicles shall start 120 minutes before the planned departure of the Ship. Passengers must be present and ready to check in from the time the check-in begins. Being ready for check-in shall be understood as staying in the yard in front of the check-in point at the Port Terminal and waiting for the check-in to be carried out by a representative of the Ship's staff. Check-in closes:
- for Passengers traveling without a Vehicle – 15 minutes before the scheduled departure of the Ship;
- for Passengers traveling with a Vehicle – 30 minutes before the scheduled departure of the Ship;
After the check-in, Passengers must remain ready for boarding. The readiness to board referred to in the preceding sentence shall be understood as staying in the internal yard of the Ferry Terminal after the check-in and passing the gates until boarding the Ship.
The Carrier may refuse the Carriage of a Passenger or their Vehicle in the event of: a failure to be ready to check in within the time limit specified in paragraph 6.2 or a failure to be ready for boarding as referred to in paragraph 6.3. In the cases referred to in the preceding sentence, the Carrier shall retain the full Fee, and the services under the Agreement shall be deemed to have been duly performed by the Carrier.
The loading order of the Vehicles and the manner in which they are to be placed on board the Ship are solely at the discretion of the Carrier.
Passengers under 12 years of age are only allowed to travel if accompanied by an adult. In the case of an unaccompanied minor who is 12 years of age or older, prior to the purchase of the Ticket, the written consent of the legal representative (i.e. a parent or legal guardian) of the minor who is 12 years of age or older, including the full names of all the legal representatives of the minor who is 12 years of age or older and, at least, address and phone number of these persons, shall be delivered to the Carrier or its agent. During Carriage, the Carrier does not provide care for minors, and does not take responsibility for minors unaccompanied by adults.
The rules referred to in paragraph 6.6 above shall apply only in the case of journey on board Ships: m/f Skania or m/f Polonia. The travel of minors unaccompanied by adult Passengers on Ships other than those listed above is not allowed.

Baggage

The Carrier shall have the right to refuse the carriage of Baggage or Cargo or any other items that violate the provisions of the Terms and Conditions.
Under the Agreement, the Passenger may take Baggage with a total weight not exceeding 60 kg and dimensions not exceeding 2 x 70 cm x 50 cm x 40 cm.
Baggage may not contain: dangerous items or items otherwise prohibited by generally applicable law in force in the ports where the Ship calls, or which pose a risk to health safety on board or the life or health of other Passengers, or which may cause damage to property of other Passengers or property of the Carrier or endanger the safety of navigation.
Any items in excess of the weight or dimensions indicated above in paragraph 7.2 shall be carried as Cargo, unless they can be considered as a Vehicle in the meaning of the Terms and Conditions.
Notwithstanding the limitations indicated above, the Passenger is entitled to carry Baggage of any weight or size that allows the Passenger to move Baggage during Carriage, in particular as regards bringing Baggage on board the Ship or unloading Baggage, unless otherwise specified in the Terms and Conditions or the provisions of law. The above limitations do not apply to the Essential Medical Equipment, which will be accepted for carriage like Baggage, unless otherwise specified in the Terms and Conditions.
The Passenger is obliged to report to the Carrier at the time of the check-in any items exceeding the weight or size limit indicated in paragraph 7.2 without being called upon.
The Carrier shall be entitled to refuse the carriage of any items which do not meet the requirements set out in paragraph 7.2. as Baggage, and also to qualify as Cargo any items declared as Baggage which do not meet the requirements set out in the Terms and Conditions for Baggage.
Within the Fee set out in the Price List, the Passenger can take the Passenger's Vehicle as Baggage. Subject to other provisions of the Terms and Conditions, motor vehicles which are not operational or which do not have a valid technical inspection certificate, no third party liability insurance in accordance with intra-Community regulations, or its confirmation in the form of the so-called Green Card, or no code of country of registration, and for which the driver fails to present a valid registration certificate, can only be carried as Cargo. Motor vehicles registered as trucks or vehicles whose length (or length of the combination of which the vehicle is part) is more than 12 meters or whose total weight (or weight of the combination of which the vehicle is part) exceeds 3,5 tonnes are carried only as Cargo.
If the crew of the Ship, the employees of the Carrier, or the staff or agents of the Carrier find that the Vehicle is subject to carriage as Cargo, that decision shall be final, and the Passenger shall be required to pay the additional fee specified in the Price List and to purchase the relevant documents for the carriage of Cargo.
During Carriage, the Passengers shall not be allowed to stay in the Vehicle or on the car decks of the Ships. The Passenger is obliged to close and appropriately secure the Vehicle left on the car decks of the Ships. A vehicle left on the car decks of the Ships should be left with the parking brake engaged, in gear and with the wheels straight. It is also prohibited to start the engine in a Vehicle during Carriage without the express instruction of the Ship's crew member.
Smoking on the car decks of the Ships is prohibited.
It is prohibited to carry dangerous materials or goods by the Ships, in particular petrol and other fuels or flammable or dangerous substances in canisters or other containers, and technical or combustible gases in cylinders or other containers in which gases are under pressure.
When loading and unloading a Vehicle, the Passenger must observe the signals and signs on the car decks of the Ships, observe the instructions of the Ship's crew and, in case of doubt, ask for assistance from the Ship's crew.
The Carrier shall not be liable for damage caused to the Passenger during loading and unloading of Vehicles by other Passengers or by Vehicles of other Passengers.
During Carriage on board: m/f Skania, m/f Polonia, m/f Wolin or m/f Gryf, the Passenger may carry pet animals as Baggage for a fee specified in the Price List, only if a special cabin for the transport of animals is available and the Passenger purchases it. The carriage of animals on Ships other than those mentioned above is not permitted.
In the absence of free special cabins for the transport of animals on a given voyage of the Ship, the carriage of animals by the Passenger is not permitted. In the event of an undeclared animal being brought on board the Ship, the Carrier shall be entitled to refuse the carriage of the animal and the Passenger while, at the same time, perform the carriage of Baggage (including the Vehicle), which cannot be unloaded immediately, and which shall be unloaded and stored at the port of destination of the Ship at the expense and risk of the Passenger. The animals can stay on board the Ships only in cabins specially designed for the transport of animals and, outside of such cabins, only in designated places on the external decks of the Ships.
The Passenger is obliged to ensure that other Passengers, persons at the check-in point and the crew of the Ship are safe from the risks which may arise from the transport of the animals, and in particular, to keep the animal continuously on a leash and muzzled or in a cage.
The Passenger must take care of the cleanliness of the Ship and the cabin, clean up the ship and the cabin after the animals the Passenger carries, and maintain the Ship and the cabin in an appropriate sanitary condition.
The Passenger is obliged to become familiar with the veterinary regulations of the country of destination and of all countries to which the Ship is calling during Carriage and to provide, at the Passenger’s own expense and risk, all relevant documents necessary or required by the competent authorities to bring the animal into the country of destination. In the event of failure to comply with the above rules, the Carrier shall be entitled to charge the order fee as well as to charge the Passenger with the costs which the Carrier will bear in connection with the breach of the above rules.
A Disabled Person or a Person with Reduced Mobility shall be entitled to carry one Assistance Dog, which will assist him/her during Carriage, without payment of the additional fee referred to in paragraph 7.9. The right described in this paragraph shall be granted only if all the following conditions are met: the Assistance Dog is appropriately marked, the Assistance Dog is equipped with the appropriate harness to enable the Assistance Dog to work with the Disabled Person or the Person with Reduced Mobility, the Disabled Person or the Person with Reduced Mobility has a written certificate confirming the Assistance Dog’s status and a certificate confirming that the Assistance Dog has the required veterinary vaccinations, which is valid on the date of Carriage. A Disabled Person or a Person with Reduced Mobility is required to produce documents confirming compliance with all the conditions indicated in the Terms and Conditions upon each request of the Carrier or the Ship's crew members.
Without the prior approval of the Carrier, it is prohibited to bring to the Ship or the check-in point or to carry in any way the following: arms or their components, ammunition or its components, explosives or other dangerous goods. The carrier's consent shall be given at the latest at the time of the Passenger's check-in. The Carrier may retain and deposit in a safe items brought in violation of the prohibition, until the Carriage has been completed. If necessary, the Carrier shall notify the relevant law enforcement authorities. A Passenger who carries, with the Carrier's consent, arms, ammunition, explosives or other dangerous goods is obliged to become familiar with the provisions relating to arms, ammunition, explosives or other dangerous goods in the country of destination and hold a valid authorization to possess these goods and to bring them into the country of destination.
Valuables may not be carried as Baggage unless they are deposited in a safe on the Ship at the disposal of the Carrier. The Carrier shall not be liable for Valuables unless they are declared and deposited in the manner indicated in the preceding sentence.
The Passenger is obliged to report to the Carrier at the time of the check-in any items indicated in paragraphs 7.21 or 7.22 without being called upon.
The Carrier reserves that, for safety reasons, the following types of Essential Medical Equipment are excluded from Carriage: devices with abnormal dimensions, cylinders with compressed oxygen or other gases, and other goods that are recognized under law, including international conventions or agreements, as dangerous cargo or goods.
Cargo is not carried as part of the Agreement. Cargo can be carried only upon payment of freight under a separate agreement for the carriage of goods by sea and shall be subject to the general conditions of carriage of goods by sea of the Carrier.
Passengers shall be required to check carefully whether they have left any goods on board the Ship or at the check-in point, and to remove all items from the Ship unless the Carrier or the Ship's crew has confiscated them.
The Carrier shall not be liable for the destruction or loss or damage of items left by the Passenger on board the Ship or at the check-in point, including items constituting Baggage or Cargo.
The Carrier shall keep the items found on board the Ship for a fee for a period of 30 days from the end of Carriage, and then, shall be entitled, at its discretion, to destroy the items found on board the Ship or donate them to causes chosen the Carrier, without the obligation to pay any compensation or remuneration.

Liability of the Carrier and limitations of liability

The Carrier shall be liable for the death of the Passenger or for personal injury to the Passenger and for the loss or damage of Baggage only and solely on the basis of and in accordance with Regulation (EC) No 392/2009 or, if Regulation (EC) No 392/2009 does not apply, the Athens Convention. Any further liability of the Carrier on the grounds referred to in the preceding sentence is hereby excluded unless it cannot be excluded in accordance with the generally applicable provisions of law applicable to the Carrier or Carriage.
Liability of the Carrier on the grounds referred to in paragraph 8.1 is subject to the limitations laid down in Regulation (EC) No 392/2009, conventions and other international regulations and the law applicable to the Agreement and the Terms and Conditions.
Advance payments paid by the Carrier on the basis of the regulations referred to in paragraph 8.2. in no case may they exceed EUR 21.000.
Liability of the Carrier referred to in paragraph 8.1 shall be subject to a deduction (franchise deductible) of 330 Units of Account in the event of damage to the Vehicle and 149 Units of Account in the event of loss or damage to other Baggage.
The liability of the Carrier for the loss or damage of the Valuables handed over to the Carrier for deposit shall in no case exceed 3,375 Units of Account.
In the event of an event of Force Majeure, the Carrier shall not be liable for the failure to perform or improper performance of the Agreement. However, the Carrier shall remain responsible for the cancellation, delay in departure or delay in arrival in accordance with Regulation (EU) No 1177/2010.
Except as provided for in the Terms and Conditions, the Carrier shall not be liable for the loss or damage of any items of the Passenger or for the death of or personal injury to the Passenger, unless such liability cannot be excluded in accordance with the generally applicable provisions of law applicable to the Carrier or Carriage.
The Carrier shall not be liable for any damage caused by incidents or by the provision of services on land before or after boarding the Ship, unless such liability cannot be excluded in accordance with the generally applicable provisions of law applicable to the Carrier or Carriage.
The Carrier shall not be liable for damage to Baggage or Cabin Baggage arising before or after embarkation, unless such liability cannot be excluded in accordance with the generally applicable provisions of law applicable to the Carrier or Carriage.
The Carrier shall not be liable for any damage to the Passenger resulting from events occurring in the vicinity of the Ship or in the territory used by the Carrier, or for any damage caused by the transshipment.
The compliance of the Carrier with any acts, legal regulations or orders of any public authority or person having authority in accordance with the war risks insurance established for the Ship shall not be deemed to be an improper implementation of the Agreement. The disembarkation of the Passenger on this basis, at the discretion of the Carrier or the Ship’s crew, shall be deemed to be the full implementation of the Agreement and the Passenger shall not be entitled to further claims in this respect.
The Carrier reserves the right to veer off course in order to save human life, attempt to provide assistance to other ships or goods in distress, or for any reasons which the Carrier or the Ship’s crew may consider reasonable. Such departure from the course shall not be an improper performance of the Agreement and the Passengers shall not be entitled to any claims in this respect. In particular, if the Carrier or the master of the Ship deems it necessary, the Ship may call at all ports, with or without a pilot, tow, rescue property or life at sea, veer off a designated route or turn back, extend or shorten stops, comply with the rules of the authorities at the place of berthing regarding the movement of ships and passengers.
The Carrier reserves the right to provide substitute Ships, to change the place or date of departure or arrival of the Ship at the destination, or even to cancel the journey. Save as otherwise provided by law, the Passenger shall not be entitled in such cases to compensation, in particular, to reimbursement of accommodation costs in hotels or other expenses caused by these circumstances, nor to claim compensation for any damage resulting from travel delay.
The Carrier shall not pay compensation below EUR 6.00.
Claims for compensation for death, injury or health disorder, and for damage or loss of Baggage shall be subject to a limitation period and may only be claimed under the terms of Regulation (EC) 392/2009 or, if Regulation (EC) 392/2009 does not apply, the Athens Convention.

Notifications of damage

In the event of injury or health disorder, the Passenger shall, if possible, notify the Carrier of the incident which caused it immediately and before leaving the Ship. Notwithstanding the provisions of the preceding sentence, in any event, the Passenger must also submit in writing the claim against the Carrier within 15 days of the date of disembarking of the Passenger from the Ship at the latest. It is presumed that a Passenger who has failed to fulfill the above duties had left the ship in good health.
Unless the condition of the Baggage at the time of its receipt has been inspected or checked jointly by the Passenger and a Carrier or an authorized member of the Ship's crew, in the event of visible damage to the Baggage, the Passenger shall notify in writing the Carrier or his agent:
- in respect of Cabin Baggage – immediately and before the Passenger leaves the Ship;
- in respect of other Baggage – immediately and at the time of its issue to the Passenger.
Unless the condition of the Baggage at the time of its receipt has been inspected or checked jointly by the Passenger and a Carrier or an authorized member of the Ship's crew, in the event of damage to the Baggage which is not visible, or in the event of the loss of Baggage, the Passenger shall notify in writing the Carrier or its agent within 15 days of the date of disembarking of the Passenger from the Ship, or the date of issue of Baggage, or the date on which such issue of Baggage should have taken place.
In the event that the Passenger fails to notify the Carrier of damage caused to Baggage as provided for in the Terms and Conditions, it is presumed that the Passenger has received complete and undamaged Baggage, unless the Passenger proves otherwise.
Baggage and Cabin Baggage shall not participate in general average, and the Passenger cannot claim any benefits from the Carrier in this regard.

Passenger liability

The Passenger is liable for any damage caused by his/her culpable or negligent action or omission, and is obliged to remedy such damage by paying the injured party or the Carrier equivalent compensation.
The Passenger shall indemnify the Carrier, its employees or agents against any liability for death, injury or health disorder, if such damage is caused, at least in part, by a culpable or negligent action or omission of the Passenger.
The Passenger shall be liable for any damage caused by the Passenger’s failure to comply with the Agreement or the Terms and Conditions or the regulations in force and displayed on the Ship, or instructions of the Ship's crew, and must remedy such damage by paying the injured party or the Carrier equivalent compensation.
The Passenger must pay fees for additional services not covered by the Agreement provided by the Carrier or on board the Ship, and any fees imposed on the Passenger by border authorities, port authorities or other local authorities. If the charges referred to in the preceding sentence are paid by the Carrier, the Passenger shall reimburse the Carrier their equivalent, together with interest calculated from the date of their payment by the Carrier, at the maximum amount allowed under the law of the Republic of Poland.

Himalaya clause

Any exclusion or limitation of the Carrier's liability as set forth in the Agreement or in the Terms and Conditions or resulting from the provisions of law applicable to the Carriage shall apply to the employees and agents of the Carrier as well as to people whose services the Carrier uses in the performance of the Agreement or people acting on the instruction of the Carrier.
Employees, agents, people whose services the Carrier uses in the performance of the Agreement and people acting on the instruction of the Carrier shall be entitled to demand from the Passenger to remedy the damage on the terms under which the Carrier may claim compensation from the Passenger under the Agreement or the Terms and Conditions.

Regulations, safety rules, Order Fees

During Carriage, the Passenger must comply with the Agreement and Terms and Conditions, the regulations in force and displayed on board the Ship and the instructions of the Ship’s master and crew members.
The Passengers shall not be allowed to occupy the Ship's space for resting in places not intended for that purpose in accordance with the instructions of the Ship's crew members or the indications displayed on the Ship, nor shall any items such as mattresses, camping mats, bedding, duvets, blankets, pillows, sleeping bags or other similar items be brought to public areas of the Ship.
Smoking tobacco and use of electronic cigarettes or other substances shall be prohibited throughout the Ship, except in places expressly designated for this purpose.
If the Passenger is in breach of the Agreement or Terms and Conditions or regulations in force and displayed on board the Ship, or the instructions of the Ship’s master or another authorized member of the Ship's crew, and if the Passenger occupies the Ship's space for resting in places not intended for that purpose or brings items referred to in paragraph 12.2 to public areas of the Ship, or if the behavior of the Passenger poses danger to the safety of the Ship or other Passengers, even if only potential, or if the Passenger disturbs the peace of other Passengers, the Carrier shall, at its discretion, be entitled to: refuse Carriage, refuse to allow the Passenger to board the Ship, disembark the Passenger with or without Baggage in any port, or transfer the Passenger to another ship going to another port, and, in addition, if the Passenger poses a threat to other Passengers or Ship’s crew members or the Ship or the safety of navigation, to detain the Passenger in a separate room under supervision, if needed.
If the provisions of paragraph 12.4 are applied, the Carrier shall retain the entire Fee and, in addition, the Passenger shall cover – but shall not be limited to – any damage and any costs which the Carrier or the Ship’s crew have incurred as a result of the transfer of the Passenger to another ship or the disembarkation of the Passenger in any port.
The Passenger may be asked by local authorities, port authorities or the Carrier or an authorized member of the Ship's crew to consent to the search of the Passenger or any of the Passenger’s property or Baggage, including the Vehicle, or to answer some questions. If the Passenger refuses to consent to the activities specified in the preceding sentence or to provide exhaustive and real answers to the questions, the Carrier may refuse Carriage, retaining the entire Fee.
The Carrier may refuse to carry the Passenger if, according to the assessment of the Carrier or an authorized Ship’s crew member, the mental or physical condition of the Passenger or the health of the Passenger justifies concerns regarding the possibility of safe Carriage. In the event of doubt as to the circumstances referred to in the preceding sentence, the Carrier or an authorized Ship’s crew member may, under pain of refusal of Carriage, require the Passenger to submit a written declaration that the Passenger will be carried on his/her own responsibility or require a medical certificate on the ability to travel by sea to the extent arising from the Carriage. In the event of refusal of Carriage under the provisions of this paragraph, the Carrier shall refund the Fee to the Passenger.
The Carrier may refuse to accept a reservation, issue a Ticket or otherwise make it available or to take on board a Disabled Person or a Person with Reduced Mobility, or to require a Disabled Person or a Person with Reduced Mobility to be assisted by another person who is capable of providing assistance to the Disabled Person or the Person with Reduced Mobility:
- on the grounds of the existing safety requirements set out in international, European or national law or on the grounds of safety requirements set out by the competent authorities;
- in cases where the Ship's structure or the infrastructure of the port from or to which the Carriage is to be carried out or equipment, including the equipment of the port terminals, prevent the entry of a Disabled Person or a Person with Reduced Mobility on board or the disembarkation of a Disabled Person or a Person with Reduced Mobility or where the Service to a Disabled Person or a Person with Reduced Mobility cannot be provided safely or is not operationally feasible.
The person assisting a Disabled Person or a Person with Reduced Mobility as referred to in paragraph 12.8. shall be carried by Ship free of charge, but he/she may be charged with fees for the use of additional services related to the Carriage.
Where a Disabled Person or a Person with Reduced Mobility, holding a reservation, who has fulfilled the obligations described in paragraphs 3.2, 3.3 and 3.4 or in respect of whom such obligations were fulfilled, was refused admission to the Ship, the Disabled Person or the Person with Reduced Mobility and the assisting person as referred to in paragraph 12.8 shall have the choice between the reimbursement of the Fee and changing the route, in accordance with Regulation (EU) No 1177/2010. The right of choice referred to in the preceding sentence may be limited and subject to compliance with all safety requirements in this regard.
The Passenger shall immediately report any complaints or claims relating to any incidents on board the Ship or during the performance of the agreement to the reception desk on the Ship, on the form provided, in any event not later than until the end of the second month following the date on which the Carriage was carried out or should have been carried out. In respect of matters covered by Regulation (EU) No 1177/2010 the Carrier shall, within one month of receipt of the relevant complaint, notify the Passenger that his/her complaint has been substantiated, rejected or is still being considered. The time limit for the Carrier to provide the final reply shall be two months.
The Passenger is obliged to become familiar with the conditions for crossing the border and the requirements, including document requirements, relating to the crossing of the borders of the countries to which the Ship is calling in the course of Carriage, and must comply with these conditions and requirements at the Passenger’s own expense and risk. If the Passenger has been found to be in breach of the provisions of the preceding sentence, the Carrier shall be entitled to terminate the Agreement with immediate effect and to retain the entire Charge.
If the border, port or other local authorities prohibit the disembarkation of the Passenger, or animals, Baggage or other goods carried by the Passenger, the Passenger is obliged to pay for his/her return journey by paying the Fee or pay for the return carriage of animals or Baggage or other goods by paying the freight, and ensure that a duly authorized person will receive the animals or Baggage or other goods at the port of destination. If the Passenger is in breach of the provisions of the preceding sentence, and in particular, if the Passenger fails to pay for his/her return journey, the Carrier may either disembark a Passenger who was refused the right to disembark at any other port or transfer such Passenger to another ship on the way to such other port.
The Passenger shall cover the damage and any costs which the Carrier will incur as a result of the ban on disembarkation of the Passenger, or animals, Baggage or other items carried by the Passenger, including the damage and costs incurred as a result of the disembarkation of the Passenger at any other port or the transfer of the Passenger to another ship on the way to such other port.
If the Passenger fails to comply with the obligations under the Agreement or Terms and Conditions or regulations in force and displayed on board the Ship, or the instructions of the Ship’s master or another authorized member of the Ship's crew, and if the Passenger occupies the Ship's space for resting in places not intended for that purpose or brings items referred to in paragraph 12.2 to public areas of the Ship, or if the behavior of the Passenger poses danger to the safety of the Ship or other Passengers, even if only potential, or if the Passenger disturbs the peace of other Passengers, notwithstanding the other rights of the Carrier indicated in the Terms and Conditions, the Carrier shall, at its discretion, be entitled to impose a contractual penalty on the Passenger in the form of an Order Fee, in accordance with the list of the order fees in force and displayed on board the Ship during the performance of the Agreement or Carriage. Where the damage suffered by the Carrier due to failure by the Passenger to comply with the above obligations exceeds the Order Fee imposed on the Passenger, the Carrier shall be entitled to seek supplementary compensation in excess of the Order Fee stipulated above.
In the event of imposing the Order Fee on the Passenger, the Passenger is obliged to pay the fee in cash or by a payment card at the reception desk of the Ship immediately after it is found that the Passenger is in breach of his/her obligations.
At the request of the Passenger or a person intending to conclude the Agreement, the Carrier shall deliver to the person concerned, at the discretion of the Carrier: the content of the regulations and the list of the Order Fees in force at the time on the Ship on which the Carriage is to be carried out in the document form or in writing.

Lien

The Carrier shall have the right of lien on Baggage or any other items brought on board the Ship by the Passenger or owned or controlled by the Passenger or under the Passenger’s care or supervision (including the Vehicle) to secure any claims arising out of the Agreement or Carriage, including for the payment of Order Fees, and receivables relating to claims for compensation, in particular for the damage to the Ship or its equipment.
The Carrier shall be entitled to retain the pledge until the Passenger has satisfied the secured claim or has given another collateral considered appropriate by the Carrier, at its discretion.
The Carrier is also entitled to retain Baggage or any other items brought on board the Ship by the Passenger or owned or controlled by the Passenger or under the Passenger’s care or supervision (including the Vehicle), or any item controlled by the Carrier until the Passenger has satisfied the claim for compensation or provided appropriate collateral.
The Passenger is obliged to bear all costs or cover any damage suffered by the Carrier caused by the pledge or retention or storage of the items retained by the Carrier in accordance with the above paragraphs.

GDPR application

It is a contractual condition for the conclusion and implementation of the Agreement that the Passenger provides personal data requested by the Carrier. It is necessary for the purposes of the performance of the Service and results from the performance of legal obligations, and it is also necessary for the fulfillment of the objectives resulting from the Carrier's legitimate interests.
The refusal of a Passenger to provide all the personal data requested by the Carrier constitutes an obstacle to the conclusion of the Agreement and entitles the Carrier to refuse to conclude the Agreement.
The request to delete or restrict the processing of personal data or the objection to the processing of personal data, including profiling, or withdrawal of the consent to the processing of personal data shall entitle the Carrier, at the Carrier’s discretion, to refuse Carriage or to refuse to allow the Passenger to board the Ship, in which case the Carrier shall retain the entire Fee.
The Controller of the Passengers’ Personal Data shall be: UNITY LINE LIMITED SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Branch in Poland, based in Szczecin, address: Pl. Rodła nr 8, 70-419 Szczecin.
Contact details of the Data Protection Officer: e-mail: iod@unityline.pl.
Any questions concerning the manner and extent of the processing of personal data by the Carrier, as well as the rights of the Passenger, shall be addressed to the address indicated in paragraph 14.4.
The information required under the GDPR and the privacy policy applied by the Personal Data Controller are provided on the website of the Personal Data Controller at: “https://www.unityline.pl/strona/unity-line/polityka-prywatnosci”.
Personal data of special categories (such as, e.g., health information) will only be processed by the Carrier if necessary for the proper implementation of the Agreement, or with the consent of the data subject, or if required by law.
Personal data may be made available by the Carrier to the following recipients or categories of recipients:
- public authorities, administrations, institutions, or third parties entitled to request access to or receive personal data under the provisions of law;
- entities performing public tasks or acting on behalf of public authorities, to the extent and for the purposes that result from the provisions of law;
- managing entities or authorities of the ports to which the Ships call or other local authorities or entities in connection with the performance of the Carriage;
- entities which the Carrier has entrusted with the processing of personal data on the basis of contracts concluded, including associates or suppliers or subcontractors, as well as technical support providers, banks, postal operators, providers of IT or other services, entities providing telecommunications or accounting services or insurance services to the Carrier, etc.;
- entities to which the data subject has given consent to the sharing or processing of his/her personal data.
- entities associated with the Carrier;
- entities which assist the Carrier in the performance of the Agreement.
The data subject shall be entitled to:
- access his/her personal data, including obtaining a copy of the data collected or processed by the Carrier.
- request the rectification (correction) of inaccurate personal data or the completion of incomplete personal data;
- request the deletion of personal data, where:
- the data is no longer necessary for the purposes for which it was collected or otherwise processed,
- the data subject has lodged an objection to the processing and there are no overriding legitimate grounds for the processing,
- the data subject has withdrawn the consent on which the processing is based and there are no other legal grounds for the processing,
- the data is processed unlawfully, the data must be deleted in order to comply with a legal obligation;
- request the restriction of the processing of personal data, where:
- the data subject disputes the accuracy of the personal data – for a period which allows the controller to verify the accuracy of the data,
- the processing of data is unlawful, and the data subject objects to the deletion of the data and instead requests to restrict it,
- the controller no longer needs personal data for the purposes of processing, but the data subject needs it for the purposes of establishing, pursuing, or defending claims,
- the data subject has lodged an objection to the processing of the data – until it is established whether the legitimate grounds on the part of the controller prevail over the grounds for the objection of the data subject;
- transfer personal data (in the event of the transfer of data, due to other legal provisions, it may be necessary to obtain a separate consent or a consent of another person or for other conditions required by those provisions to be met), where:
- the processing is carried out on the basis of an agreement concluded with the data subject or on the basis of the consent of the data subject, and the processing is automated;
- object to the processing of personal data, including profiling, where its processing is carried out on the basis of a legitimate interest or for statistical purposes, and the opposition is justified by a special situation of the data subject;
- not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects for that person or otherwise substantially affects that person, unless such decision is necessary for the implementation of the Agreement, is permitted by law, or the person has previously given express consent to it.
Where the processing of personal data by the Carrier is carried out on the basis of a consent granted, notwithstanding any other provisions of the Agreement or the Terms and Conditions, the data subject shall at any time be entitled to withdraw his/her consents granted in any form in the scope of specific purposes of the processing. The withdrawal of consent shall not affect the lawfulness of the processing carried out until the withdrawal of consent.
Where the processing of personal data by the Carrier infringes the provisions of the GDPR, the data subject shall have the right to lodge a complaint with the supervisory authority, i.e,. the President of the Personal Data Protection Office.
Criteria for determining the retention period of personal data: The Carrier shall keep personal data for the time necessary for the performance of the Agreement and for the period during which claims may be made in connection with the performance of the Agreement or Carriage. Notwithstanding the provisions of the preceding sentence, the Carrier shall also keep personal data for the period during which, under the mandatory provisions of law, the Carrier is obliged to keep personal data (e.g., for the purpose of documenting compliance with legal requirements, which includes enabling the public authorities or administrations or tax authorities to verify the proper fulfillment of the legal requirements by the Carrier).
All personal data retention periods shall be counted from the date of termination of the performance of the Agreement or any other event that requires the processing of personal data.
In the following scopes: necessary for the conclusion and implementation of the Agreement, or for the performance by the Company of an obligation resulting from the provisions of law, or for statistical or reporting purposes, personal data may be processed by automated means, which may involve automated decision-making, including profiling, which may, in turn, produce legal effects for the Passenger or otherwise substantially affect the situation of the Passenger, or the performance of the Agreement.
In cases that it is justified and necessary due to the circumstances, the Carrier may make personal data available to entities established outside the European Economic Area or to international organizations. Personal data shall only be transferred to entities or organizations for which the European Commission has determined that they ensure an adequate level of protection.

Other provisions

The titles of the individual editorial units of the Terms and Conditions are for ease of reference only, do not have legal significance, and do not affect the interpretation of the Terms and Conditions.
The Price List, the Timetable, and the list of Order Fees in their versions valid at the date of conclusion of the Agreement shall form an integral part of the Terms and Conditions.

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