Applicable law and governing liability provisions

1. Applicable law and governing liability provisions

1.1 This contract is governed by Faroese law.

1.2 The provisions of the Faroese Merchant Shipping Act currently in force shall be deemed to be incorporated into this contract.

1.3 Where international conventions or local law applies to the carriage of passengers and their luggage by mandatory provisions, such provision shall be applied.

1.4 The carrier shall be exempted from any liability in respect of injury to passengers before embarkation and after disembarkation. The exemption also applies to 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.

1.5 The carrier shall be exempted from any liability for loss of or damage to money, securities and other valuables, such as gold, silver, watches, jewels, jewellery and objects of art and live animals.

1.6 Per the Faroese Merchant Shipping Act currently in force any claim against the carrier is subject to a two-year time bar counting from the date of disembarkation.

2. Vehicles

Driving vehicles onboard and ashore is done at the risk of the passenger and without any liability on the part of the carrier. The passenger has the responsibility to ensure that the brakes of his vehicle are duly applied during the entire carriage. The carrier is entitled at his own option and without previous notice to carry vehicles on deck.

Trucks, coaches and similar vehicles are considered as ordinary cargo and are carried according to the provisions of the Faroese Merchant Shipping Act for ordinary cargo.

Driving vehicles on board as well as ashore is solely at the passengers own risk and without any liability of any kind for Pf Smyril Line. It is up to the traveller himself/herself to make sure that the brakes of the vehicles are properly applied during the voyage.

In accordance with EU-regulation no 392/2009 for liability of carriers of passengers by sea implementing the Athens Convention as per article 8 of the latter for the liability of the carrier for any damage as caused to a vehicle an own risk for the passenger of SDR 330 (equivalent around EURO 400) will apply and such sum (SDR 330) will be deducted from the loss of damage.   

3. Exemptions for servants of the carrier and others

All provisions which may limit or exclude the liability of the carrier may be applied by any servant, agent or sub contractor of the carrier, the vessel, its owners or operators.

4. Limitations and deductions (own risk)

4.1 According to the Faroese Merchant Shipping Act § 192 and § 193 currently in force the following limitations will apply: 

1,300 SDR per passenger for hand luggage
5,000 SDR for valuables
8,000 SDR per vehicle
2,000 SDR per passenger for other form of luggage

The liability of the carrier during carriage at sea does not exceed SDR 100.000,- for each injured passenger. The liability for delays in the carriage of passengers cannot exceed SDR 2.000,-.

4.2 It is especially agreed that of any loss, damage or expense for which the carrier is responsible the passenger himself shall bear the following sums which are to be deducted from the amount payable by way of damages:

1. 150 SDR per vehicle in the case of damage of the vehicle

2. 20 SDR per passenger in the case of loss or damage to other luggage

3. 20 SDR per passenger in case of delay

4.3 By SDR shall be understood the Special Drawing Rights (SDR) used by the International Monetary Fund. The conversion of SDR to other currencies should be made according to the rate of exchange on the date of payment.

5. Scope of contract and carrier’s liberties

5.1 The carrier does not undertake that the advertised time of arrival and departure will be adhered to. Where necessary the carrier reserves the right to perform the carriage with a substitute vessel and/or to deviate from the advertised route.

5.2 The carrier shall be at liberty to comply with any orders or recommendations given by any government body of any nation and by any party having the right to give such orders or recommendations, whether by contract or otherwise, and compliance with such orders or recommendations shall not be deemed to be a deviation or breach of this contract.

6. Dangerous luggage/security

6.1 Luggage which might cause considerable inconvenience to or endanger the safety of the vessel, human beings or goods must not be brought aboard. The carrier shall with regard to the circumstances, without any obligation to indemnify the passenger, be entitled to bring the luggage ashore, to render it harmless or to destroy it, if brought aboard without the carrier’s knowledge and consent.

6.2 The passenger must not bring onboard any luggage or article which may be considered a safety hazard under the International Ship and Port Security Code.

6.3 If the violation of the above provisions causes the vessel to be detained, restricted in operation or the imposing of a fine upon the carrier, the vessel or its owners the passenger is to indemnify the carrier for any and all costs and expenses caused thereby including but not limited to the loss of revenue.

6.4 The traveller must observe all regulations in laws and international conventions, which concern transport of dangerous goods/luggage.

7. Venue (jurisdiction)

Any action against the carrier or any servant or agent of his shall at the option of the plaintiff be brought before:

1. The court at the place where the defendant has his residence or his head office

2. The court at the place of embarkation or place of disembarkation according to the contract of carriage. 

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