Transport Terms and Conditions

TRANSPORT TERMS AND CONDITIONS WHICH APPLY TO PASSENGERS AND THEIR LUGGAGE 

On the JT-Line Oy’s boats, the following transport terms and conditions apply:

Definitions

a) Ship-owner:
JT-Line Oy
Kanneltie 4 i
00420 Helsinki / FINLAND
b) Passenger:
A person who is or will be transported by a boat on which these transport terms and conditions apply
c) Luggage:
All articles that are carried by a passenger during a voyage.
d) SDR:
The term SDR is understood to mean Special Drawing Right as defined by the International Monetary Fund, to be converted into currency at the rate of exchange on the date when security is provided for liability or when payment is effected.

The transport agreement is made between the ship-ownership-owner, JT-Line Oy, and the passenger whose name is on the order confirmation, or the ticket holder. These transport terms and conditions are primarily applied in the cases in which general package tour terms and conditions are also applied for the transport.  

Passenger duties

A passenger is obliged to follow the rules and regulations concerning order and safety onboard. The captain and deck hand supervise the observance of the above-mentioned rules and regulations.

The ship-owner reserves the right to refuse to carry a passenger who may cause costs to JT-Line Oy, or who may endanger the health of other passengers or otherwise limit the rights of other passengers. The ship-owner can refuse to carry a passenger or can remove a passenger who is intoxicated or disruptive on board from the vessel. They will be removed from the boat at their own expense and without any liability.

If the person who placed the order is not going on the cruise, JT-Line Oy’s cancellation terms and conditions apply.

Luggage Restrictions

The ship-owner reserves the right to limit the luggage to be carried on board. The Carrier has the right to refuse to carry luggage if the said luggage, hand luggage included, may cause danger to the vessel or to other passengers, requires special care or takes up a lot of room. The passenger has to draw the ship-owner’s attention to this before the voyage. The ship-owner has the right, without considering the passenger in question, to take the said luggage ashore, to neutralize or destroy it at the cost of the passenger in question.

As part of security measures, the ship-owner always has the right to search a passenger’s luggage and hand luggage on board.

Should a passenger be late for the cruise, he/she is liable to compensate for the delay or any additional costs incurred to JT-Line Oy by the delay in full. The ship-owner is not obliged to pay indemnity for money, securities or any other article of luggage of a rare and precious nature, unless he has received the property for safekeeping.

Ship-owner’s responsibility

In the event of an injury, the ship-owner is responsible if he, or any person under his authority, caused the injury or even the death of a passenger through faulty or negligent conduct. The same liability to compensate also applies to damage caused to a passenger or his/her luggage.  

A passenger who has suffered personal injury or damage to luggage is obliged to prove that the damage was caused during the transport and that such injury or damage was caused by faulty or negligent conduct of the Ship-owner. The passenger also has to prove the extent of the injury or damage.

The ship-owner is not liable to compensate for any damage caused due to Force Majeure. For instance, a sudden and unforeseen failure of the vessel or its controls, adverse weather conditions or traffic problems.

Should the Carrier's liability be duly established, his liability is nevertheless limited as follows:                                                            a) In the case of personal injury, up to a maximum sum fixed at SDR 175.000per passenger, for death or personal injury.                              b) In the case of a passenger's loss through delay, up to a maximum sum fixed at SDR 4.150.                                                                             c) In the case of loss of, delay or damage to hand luggage, up to a maximum sum fixed at SDR 1.800 per passenger.                                 d) In the case of loss of, delay or damage to other luggage, up to a maximum sum fixed at SDR 2.700 per passenger.                                 e) In case of loss of, delay or damage to valuable luggage which the Carrier had received for safekeeping, up to a maximum sum fixed at SDR 6.750.

The above sums apply to each and every trip. The ship-owner is always entitled to plead the statutory global limitation rules.

The passenger is to bear the deductible prescribed by law for loss or damage of up to the following sums: 

a) SDR 20.00/passenger for loss of, or damage to luggage. 

c) SDR 20.00/passenger for loss or damage through delay. 

The ship-owner is not liable to compensate any damage in the following cases:
a) The ship-owner is not liable for personal injury or damage due to delay, which has occurred prior to embarking or after disembarkation.
b) The ship-owner is not liable for any loss, delay  or damage to hand luggage occurring prior to or after the journey.
c) In cases where the ship-owner and a passenger have agreed that the carriage, or a part of it, is to be conducted by an identified sub-carrier, the ship-owner is not liable for any loss, damage or damage due to delay caused by an occurrence during the part of the journey for which the sub-carrier is responsible. The same applies to cases in which a passenger has the right to use another ship-owner.

The above-mentioned liability principles and limitations also apply to the people for whom the ship-owner is responsible. Among them are, for instance, but not excluding other groups, the ship’s officers and the crew of the ship.

Without prior notice, the ship-owner reserves the right to make timetable alterations and deviate from the cruise route due to a Force Majeure or any other reason beyond the ship-owner’s power. The ship-owner also has to right to carry out the cruise with a boat other than the one originally agreed upon.

The passenger must submit a written claim to the ship-owner without unreasonable delay after learning of circumstances giving rise to a possible claim for indemnity.

Claims will expire if proceedings against the ship-owner are not instituted in accordance with statutory regulations, in respect of: 

a) Any claim for indemnity on the grounds of a passenger's death or personal injury or delay by the passenger conveyance, within two years from the date when disembarkation took place or should have taken place, and, if death occurred after disembarkation, within two years after death but no later than three years after disembarkation.

b) Any claim for indemnity on the grounds of loss of, damage or delay to luggage, including hand luggage, within two years from the date when the luggage was discharged or if the luggage was lost during the trip, from the date when it should have been discharged.

Jurisdiction

At plaintiff’s choice, judicial proceedings concerning the responsibility of the ship-owner for a passenger or their luggage can only be instituted at:
a) The Helsinki Maritime Court
b) The Maritime Court of the Court of Appeal Region, where the ship-owner’s and passenger’s departure and destination harbours are located, according to the transport agreement.

Applicable law

Finnish law and Finnish Maritime Act shall be applied for the transport agreement in all respects.