GENERAL TERMS AND CONDITIONS OF SEA CARRIAGE OF PASSENGERS AND THEIR LUGGAGE
effective from 01.02.2019 until the introduction of amendments
1.1. The following terms used herein shall have the meaning given thereto below:
1.1.1. Terms and Conditions – this version of General Terms and Conditions of Sea Carriage of Passengers and their Luggage
1.1.2. Contract - a contract for the provision of the Service, concluded between the Carrier and the Passenger, acting directly or through authorized agents or through other duly authorized representatives acting for and on behalf of the relevant party to the Contract; the Terms and Conditions are an integral part of the Contract
1.1.3. Ticket – a name-bearing document that confirms the execution of the Contract with an individual Passenger
1.1.4. Carrier – UNITY LINE LIMITED or EUROAFRICA SHIPPING LINES CYPRUS LIMITED accordingly or their legal successors, even if they are not owners of the Ship;
1.1.5. Passenger – a person who uses the Service under the Contract
1.1.6. Person with Disabilities or with Reduced Mobility – A Passenger with Disabilities or with Reduced Mobility in the meaning of the Regulation (EU) No. 1177/2010
1.1.7. Luggage - any item that is not a Cargo (including a Vehicle), being in the possession or custody of a Passenger or owned or controlled by the Passenger.
1.1.8. Cabin Luggage - Luggage that is in the cabin occupied by the Passenger or which is otherwise in the possession or custody of the Passenger or under his protection or control.
1.1.9. Necessary Medical Equipment – medical equipment and equipment that enables the movements of a Person with Disabilities or with Reduced Mobility;
1.1.10. Assistance Dog – a properly trained, specially designated and vaccinated dog, necessary for a Person with Disabilities or with Reduced Mobility, whose training and current vaccination are confirmed with relevant certificates
1.1.11. Cargo – any and all objects which a Passenger holds or controls as well as things laid in the hold of the Ship and things with a commercial, transport, industrial, or building purpose, including those carried inside a Vehicle or placed on the Vehicle and coaches (buses) and similar vehicles used to render services within the collective carriage of people. Cargo shall be considered to include also a Vehicle, if on the date of Carriage at least one of the following events occurs: (i) goods or other things carried in the Vehicle cannot be separated from the Vehicle for the period of Carriage in a permanent and safe manner or (ii) the Vehicle is not admitted to traffic or does not have all the documents required to travel on the roads of the state where the Carriage starts or ends or (iii) the Vehicle is damaged, incomplete or non-operational in the manner that prevents the movement of the Vehicle using its own drive or (iv) the Vehicle has no driver or the driver of the Vehicle does not have a valid Ticket for the same Carriage as the Vehicle;
1.1.12. Valuables - all valuable items or documents, including, but not limited to: means of payment or payment instruments, credit cards, precious metals, precious metal bars, coins, numismatics, semi-precious or precious stones, jewellery or other products containing precious metals or semi-precious or precious stones, antiques, paintings, works of art, securities or other things of significant value to the Passenger.
1.1.13. Vehicle – a car that is operational and admitted to traffic, of maximum height 3.6 m, maximum length 10 m, and maximum total weight 3.5 tonnes or a set of such mechanical vehicles with maximum length 12 m. The height of a vehicle (set of vehicles) is measured including railing, or other devices or structures mounted on the vehicle (set of vehicles), trunks and other objects situated on the vehicle (set of vehicles);
1.1.14. Carriage – a Service rendered by the Carrier under the Contract
1.1.15. Service – a service of carrying persons and their luggage by sea, rendered by the Carrier; using Ships on the basis of the Contract.
1.1.16. Fee – depending on the context, a price for Carriage or a price for Service
1.1.17. Shipping Timetable – the applicable timetable announced by the Carrier of starting and completing Services on all lines served by the Carrier, using the Ships
1.1.18. Pricelist – an applicable list of Fees and other charges announced by the Carrier due for Services rendered at specific times of day on all lines served by the Carrier using the Ships
1.1.19. Units of Account – Special Drawing Rights determined by the International Monetary Fund;
1.1.20. Ship – every ship operated at present or in the future by the Carrier in order to render Services; regardless of the legal basis of the Carrier's disposal of the Ship.
1.1.21. Force Majeure - any external events beyond the control of the Carrier, impossible to prevent or whose effects could not have been avoided even if reasonable measures were taken to prevent such effects, as well as any: disturbances of public order limiting or preventing proper performance of the Contract by the Carrier, including: war, riots, blockades, strikes and adverse weather conditions which, at Carrier's option, may pose a threat to the safety of Passengers or Ships or technical failures of Ships other than resulting from a collision or running aground.
1.1.22. 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;
1.1.23. 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 travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004;
1.1.24. Athens Convention – Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (Athens, 13 December 1974) as amended.
1.1.25. Order Fees – all fees imposed on a Passenger by the Carrier and mentioned in section 12.15-12.17. of the Terms and Conditions.
1.1.26. GDPR - Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC.
2. General provisions
2.1. Unless expressly stated otherwise in the Contract, the Terms and Conditions form an integral part of all Contracts concluded by the Carrier during the term of the Conditions.
2.2. The conditions shall specify in particular:
2.2.1. rights and obligations of the parties to the Contract whose proof of conclusion is the Ticket;
2.2.2. the content of other legal relations between the Carrier and the Passenger related to the Carriage
2.2.3. rights and obligations of persons using the Service without a valid Ticket.
2.3. The right to conclude and perform the Contract and Conditions is found in the law of the Republic of Poland and conventions and other international regulations legally applicable to the Contract, Carriage or Service, in particular: Regulation (EC) No. 392/2009, Regulation (EU) No. 1177/2010 and the Athens Convention.
2.4. Summaries of provisions of Regulation (EC) No. 392/2009 and Regulation (EU) No. 1177/2010 constitute attachments to the Conditions
2.5. 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, insofar as an action is brought before the court in the territory of the Republic of Poland, all disputes related to the conclusion or performance of the Contract, the Terms and Conditions, Carriage or Service will be settled in the first instance only by the competent court in Szczecin (Poland).
2.6. The Terms and Conditions have been drawn up in Polish. All other language versions of the Terms and Conditions are only a translation of the Terms of the Conditions, so in the event of a discrepancy between the different language versions of the Terms and Conditions, it takes precedence and the Polish language version shall prevail.
2.7. If any of the provisions of the Contract or the Terms and Conditions prove to be contrary to the applicable law or impossible to apply due to this right, a relevant provision of applicable law shall take place instead of such provision, taking into account the interpretation of the entire Contract and the Terms and Conditions and their nature and type of regulated relationships by the Contract and the Terms and Conditions - in the manner closest to the excluded provision, it will regulate the issue which the provision excluded in the Contract or the Terms and Conditions.
2.8. If in the performance of the Contract any of the concepts defined in section 1.1. should be used in singular or plural, the terms used in the content of the Terms and Conditions in a different number should be understood as used - respectively - in the singular or plural, regardless of how the concept is used in the Terms and Conditions.
3. Contract and Carriage.
3.1. By executing the Contract, the Carrier undertakes to render the Service on terms and conditions set forth in the Ticket and these Terms and Conditions or other regulations issued by the Carrier applicable to the Service.
3.2. A person who makes a reservation or buys a Ticket is obliged to inform the Carrier if there are any Persons with Disabilities or with Reduced Mobility among the persons for whom the reservation is made and in particular to inform the Carrier of any special needs of Persons with Disabilities or with Reduced Mobility with respect to accommodation, seats, required services, the necessity to use any Necessary Medical Equipment on-board the Ship by the Persons with Disabilities or with Reduced Mobility, and about its type and size, or the intention to use an Assistant Dog during the Carriage.
3.3. The information mentioned in section 3.2 shall be given to the Carrier at the latest 48 hours before the start of rendering the expected assistance to the Persons with Disabilities or with Reduced Mobility. The failure to meet this deadline may prevent obtaining any assistance from the Carrier, even though the Carrier will take any reasonable efforts in order to provide such assistance.
3.4. If there are any Persons with Disabilities or with Reduced Mobility among the persons for whom the reservation is made, the person who makes the reservation is obliged to provide truthful and complete answers to any questions concerning the Persons with Disabilities or with Reduced Mobility asked by the person who receives the reservation, in particular with respect to the type of disability or reduction of mobility and the assistance expected from the Carrier.
3.5. The Carrier shall be entitled to provide the Carriage indicated in the Shipping Timetable with a Ship other than allocated for the Carriage in the Shipping Timetable or in the Ticket.
3.6. The value of Fees is determined in the Pricelist, whereby for each Carriage, the Price List in the current version is applied on the day of booking or purchasing the Ticket. In addition to the Fees resulting from the Pricelist, the Carrier shall be authorised to introduce additional fees equivalent to the operational and service charges incurred by the Carrier.
3.7. The Carrier reserves the right to change the Pricelist or the Shipping Timetable without prior notice. However, the Carrier shall be liable for cancelling or the delay of departure or arrival according to Regulation (EU) 1177/2010.
3.8. The Contract shall be executed at the moment of issuing the Ticket to the Passenger
3.9. The Ticket shall be the only proof of the conclusion of the Contract. The Passenger who does not have the appropriate Ticket cannot embark on the Ship or place Luggage on the Ship.
3.10. By concluding the Contract or purchasing a Ticket, the Passenger represents that he or she have made themselves acquainted with: The Terms and Conditions, the terms of non-discriminatory access to sea ferries for Persons with Disabilities or with Reduced Mobility and their accompanying persons announced by the Carrier; quality standards of assisting Persons with Disabilities or with Reduced Mobility announced by the Carrier; and other transport regulations and that they fully accept the same and undertake to apply the same.
3.11. Relevant provisions of these Terms and Conditions shall apply to any persons who use the Services without a valid Ticket issued in favour of that person. A person joining the Service without abovementioned Ticket declares that he had read these Terms and Conditions and accepts the same.
3.12. The Passenger cannot, without the Carrier’s consent, transfer to a any third person a Ticket, as well as any other rights or liabilities under the Contract, .
3.13. The Carrier may outsource the performance of the Contract in whole or in part from third parties.
3.14. The Passenger is obliged to notify the Carrier immediately, taking into account the circumstances of the case, about the discrepancy alleging non-performance or improper performance of the Contract by the Carrier.
3.15. The Carrier is not liable for non-compliance based on non-performance or improper performance of the Contract in the following cases:
3.15.1. the blame for non-compliance shall be borne by the Passenger or the person for whom the Passenger is liable,
3.15.2. the blame for non-compliance is borne by a third party, not related to the Carriage, and non-compliance could not be predicted or avoided;
3.15.3. the non-compliance was caused by unavoidable and extraordinary circumstances, including Force Majeure.
3.16. The Carrier shall be always liable due to default on the Contract or its improper performance only up to the Fees and exclusively for the actual damage (damnum emergens) caused through the Carrier’s action or omission that is contrary to the Contract, unless the Ticket, the Terms and Conditions or applicable laws provide for otherwise.
3.17. If the special provisions limit the scope or conditions under which compensation or compensation is paid by third parties with which the Carrier uses in the performance of the Contract, the same restrictions shall apply to the Carrier.
3.18. The Carrier may refuse to render the Service to a person who does not have a valid Ticket or a valid boarding card or a valid identity document that confirms the citizenship (in particular: identity card or passport) and to a person whose full name has not been disclosed in the Ticket or boarding pass as a Passenger.
3.19. The Terms and Conditions shall apply accordingly to drivers and or persons accompanying the Cargo that is carried under a contract on the carriage of cargo by sea; however, the Carrier shall always use the maximum limitation of his liability towards such persons which is allowed by law at the time (regardless of whether it has been expressly reserved in any terms and conditions or in a contract or not) and shall grant to such persons only such rights and privileges that are required by law at the time (regardless of whether such a right or privilege has been granted explicitly in any terms and conditions or contract or not). The obligations of the Carrier in relation to the persons referred to in the preceding sentence shall be limited only to the obligations that are required at the time by law (notwithstanding if such an obligation has been provided for in any terms and conditions or contract or not).
4.1. A ticket shall be issued to a Passenger exclusively after displaying a valid identity document that confirms the citizenship (including but not limited to an identity card or a passport) and the payment of a Fee. A Passenger shall be issued a boarding card together with the Ticket, which authorizes the Passenger to embark on the Ship and use other Services specified in the content of the Ticket or boarding pass.
4.2. The Passenger is required to keep and hold the Ticket and the boarding pass for the whole period of Carriage, until they leave the Ship.
4.3. The Passenger shall immediately check the content of the Ticket and the boarding card and shall notify the Carrier of any noticed errors.
4.4. The Passenger may withdraw from the Contract not less than 24 hours before the date of departure of the Ship indicated in the Timetable by returning the Ticket, upon deduction by the Carrier of the Fee for withdrawal from the Contract in the amount of 50% of the Fee. If the Passenger withdraws from the Contract in a period shorter than 24 hours before the date of departure of the Ship indicated in the Timetable, the Carrier will deduct the Fee for withdrawal from the Contract in the amount of 100% of the Fee.
4.5. If the Passenger purchases a Ticket for a fee lower than the price referred to in the version applicable on the date of the Passenger's withdrawal from the Contract and the relevant Service concerned, the Carrier shall have the right to collect a surcharge from the Passenger equal to the difference between the Fee actually paid for the Ticket by the Passenger and the Fee due according to the Pricelist.
4.6. In the event of the disclosure that a person who uses the Service does not have a valid Ticket issued in accordance with the personal data of that person or boarding card, such a person is obliged to pay a double Fee for the Service he / she uses, in the amount consistent with the current version of the Price List valid during the performance of the Service and cover all other costs of the Carrier resulting from such an event or the need to prepare relevant documents, including costs that result from the use of the Service by such a person or costs resulting from the need to expel this person from the Ship.
4.7. The Ticket, together with other documents listed in the Terms and Conditions or required by law, shall authorise the Passenger to use the Service only on the Route indicated in the Ticket and the Ship indicated in the Ticket, unless otherwise expressly provided in the Contract.
4.8. The ticket shall expire after expiration of the period of validity indicated in the Ticket or, in the case of not using the ticket, on the date of departure of the Ship indicated in the Timetable.
4.9. The ticket is made in the form of a printed document. Any handwritten, printed over or otherwise amended or supplemented contents of the Ticket or deletions shall remain invalid, unless placed by the Carrier or authorized agent of the Carrier.
5.1. The number of persons staying in cabins on the Ship has to correspond to the number of persons indicated by the Carrier for the cabin. Only persons for whom the cabin has been purchased can stay in the cabin.
5.2. As regards multi-person cabins, the Passengers shall be allocated to cabins first according to their gender. Places in cabins shall be allocated at random. A Passenger shall not have the right to choose a place in a cabin.
5.3. Passengers traveling with children under the age of 13 who buy a cabin are obliged to purchase the whole cabin exclusively for themselves.
5.4. The Passengers who are under 16 and travel alone (without custody of adults) shall purchase a cabin only for themselves for safety reasons.
5.5. The Passengers shall leave a cabin 30 minutes before the planned arrival of the Ship to a port of destination. During the time indicated in the preceding sentence, the Ship's crew has the right to enter the cabin, in order to clean or service the devices located in the cabin. Before leaving the cabin, the Passengers are required to check carefully if they have left anything in the cabin. The Carrier shall not be liable for any objects left by the Passenger in the Cabin or on the Ship.
5.6. The Passenger is obliged to return the key to the cabin to the reception on the Ship no later than 30 minutes before the planned arrival of the Ship to the port of destination.
5.7. If a date of Carriage is changed, the Passenger shall lose the right to a place in the cabin, even if the Passenger has purchased a cabin or a place in a cabin for the Carriage. The Passenger shall not be entitled to the reimbursement of the Fee for the cabin or a place in the cabin. The Carrier may, however, at its discretion, allocate a cabin to the Passenger at the changed date of Carriage if the cabins have not been reserved or redeemed. The Carrier may also refund the remuneration for the cabin at its own discretion.
5.8. If it turns out that not all cabins are used 30 minutes after the departure of the Ship from the port, the Passenger may purchase a cabin or a place in a cabin directly on the Ship according to the applicable Pricelist. In the event of purchase of a cabin or a place in the cabin directly on the Ship, if appropriate circumstances justifying such a request occur, the Passenger may apply for a refund for the purchase of a cabin or a place in the cabin directly on the Ship, only after prior written complaint and delivery of the original proof of purchase of a cabin directly on the Ship or a space in the cabin directly on the Ship.
6. Ticket Check-In and Embarking.
6.1. Embarking on a Ship is based on a valid Ticket with a valid boarding card and upon displaying a valid identity document that confirms citizenship (including, but not limited to, an identity card or a passport).
6.2. Check-in for Passengers and Vehicles starts 120 minutes before the planned departure of the Ship. Passengers are obliged to appear and stay ready for the check-in from the time of its start. Readiness for the check-in mentioned in the preceding sentence shall mean staying in front of check-in point on Ferry Terminal continually and awaiting check-in commenced by representative of ferry personnel. The check-in ends:
6.2.1. for Passengers travelling without a Vehicle – 15 minutes before the planned departure of the Ship; and
6.2.2. for Passengers travelling with a Vehicle – 30 minutes before the planned departure of the Ship.
6.3. After the check-in, the Passengers shall be ready for loading. The readiness for loading mentioned in the preceding sentence shall mean staying inside the Ferry Terminal continually after the check-in and crossing the gates till the moment of boarding the ship.
6.4. The Carrier is entitled to refuse the Carriage of the Passenger or their Vehicle in the event: if the Passenger is not ready for check-in as mentioned in section 6.2 or if the Passenger is not ready for loading as mentioned in section 6.3. In the cases referred to in the preceding sentence, the Carrier shall retain the full Fee and the benefits resulting from the Contract shall be duly performed by the Carrier.
6.5. The sequence of loading Vehicles and their location in the Ship shall be at the Carrier’s sole discretion.
6.6. Passengers who are under 12 years old can only travel under adult supervision. In the case of an independent journey of a minor who is 12 years old, prior to the purchase of the Ticket it is required to provide the Carrier or the Carrier's agent with a written consent of the statutory representative (i.e. parent or legal guardian) of a minor who is 12 years old, containing names and surnames of all statutory representatives of the minor who he is 12 years old and at least: the address of residence and telephone number of these persons. During the Carriage, the Carrier shall not provide custody or be responsible for minor Passengers who are left without the care of adults.
6.7. The rules referred to in section 6.6. above shall apply exclusively for travels on the Ships of M/f Skania or M/f Polonia. Travelling of minors without custody of adult Passengers on Ships other than listed above, shall not be allowed.
7.1. The Carrier has the right to refuse to carry Luggage or Cargo or other things that violate the provisions of these Terms and Conditions.
7.2. Under the Contract the Passenger may carry Luggage with a total weight not exceeding 60 kg and dimensions not exceeding 2 x 70 cm x 50 cm x 40 cm.
7.3. The Luggage cannot contain any hazardous objects or objects whose possession is prohibited under generally applicable rules of law in ports of call of the Ship or posing hazard to the sanitary safety of the Ship or life and health of other Passengers or objects that might cause damage to property of other Passengers or the Carrier or a hazard to the safety of navigation.
7.4. Any objects of weight or dimensions exceeding the above-mentioned limits shall be carried as Cargo, unless they can be considered as a Vehicle according to the Terms and Conditions.
7.5. Notwithstanding the restrictions set out above, the Passenger shall be entitled to carry Luggage of a weight or dimensions allowing the Passenger to handle the Luggage during the Carriage, in particular as regards carrying the Luggage on-board the Ship or its unloading, unless the Terms and Conditions or provisions of law provide otherwise. The above-mentioned restrictions shall not apply to the Necessary Medical Equipment, which shall be accepted for transport as Luggage, unless the Terms and Conditions provide otherwise.
7.6. The Passenger shall report to the Carrier at the check-in any objects that exceed the weight or size limits indicated in section 7.2.
7.7. The Carrier shall be entitled to refuse to carry as Luggage any items not meeting the requirements specified in section 7.2 and shall be entitled to qualify as Cargo any items checked in as Luggage which do not meet the requirements specified for the Luggage according to these Terms and Conditions.
7.8. For a Fee determined in the Pricelist, the Passenger may carry a Vehicle of the Passenger as Luggage. Subject to other provisions of these Terms and Conditions, mechanical vehicles that are non-operational or do not have a valid technical test, with no third-party liability insurance according to community regulations or in the manner confirmed in the so-called Green Card or not marked as to the country of registration or vehicles whose drivers do not have a valid registration card may be carried exclusively as Cargo. Mechanical vehicles registered as heavy weight vehicles or vehicles whose length (or the length of the set consisting of the vehicle) is in excess of 12 meters or whose total mass (or the weight of the set that the vehicle includes) is in excess of 3.5 tonnes shall be transported only as Cargo.
7.9. If the crew of the Ship, the personnel of the Carrier, services or agents of the Carrier decide that a Vehicle is to be loaded as Cargo, such a decision is final and the Passenger shall be obliged to pay the additional Fee specified in the Pricelist and purchase the appropriate documents entitling to carry the Cargo.
7.10. In the course of Carriage, the Passengers are not allowed to stay in the Vehicle or on the car decks of the Ship. The Passenger shall lock and secure the Vehicle left on the car decks of the Ship. The Vehicle left on the decks of the ship shall be left with the activated hand-brake, with a gear on, and with wheels set straight. In the course of Carriage it is also forbidden to start the engine of the Vehicle without direct order of the crew member.
7.11. Smoking on the car decks of the Ship is prohibited.
7.12. It is forbidden to transport by Ships the following materials or items: dangerous goods, in particular gasoline and other fuels or flammable or dangerous substances in canisters or other containers, as well as technical gases or flammable gases in cylinders or other containers in which gases are pressurized
7.13. In the course of loading and unloading the Vehicle, the Passenger shall follow the signals and marks placed on the car decks of the Ships, follow instructions of the crew and, if in doubt, obtain assistance of the crew.
7.14. The Carrier shall not be liable for any damage suffered by the Passenger in the course of loading and unloading Vehicles by other Passengers or other Passengers’ Vehicles
7.15. In the course of Carriage on the Ships: m/f Skania, m/f Polonia, m/f Wolin or m/f Gryf, the Passenger may carry as Luggage pets for the fee determined in the Pricelist only in case of availability and purchasing by the Passenger special cabin dedicated to the carriage of pets. The carriage of pets on Ships other than listed above, is prohibited.
7.16. If there are no free special cabins dedicated to the carriage of pets for the voyage, the carriage of pet by the Passenger shall not be possible. If the Passenger brings a pet on-board the Ship without informing the Carrier, the Carrier shall be entitled to refuse to carry the pet and the Passenger, while carrying the Luggage (including the Vehicle), which cannot be unloaded immediately and which shall be unloaded and kept in the Ship’s port of destination at the Passenger’s cost and risk. Pets may stay on the Ships exclusively in cabins dedicated to carry pets, and outside them only in designated places on external decks of the Ships.
7.17. The Passenger shall warrant the safety of other Passengers, persons at the check-in counter and the Ship's crew against any hazards that may be associated with the carriage of pets, and in particular to keep a pet on the lead and muzzled or in a cage at all times.
7.18. The Passenger shall keep the Ship and cabin tidy and shall clean the Ship and the cabin after pets transported by the Passenger and maintain the Ship and the cabin in a proper sanitary condition.
7.19. The Passenger shall become acquainted with the veterinary regulations of the country of destination and all countries to which the Ship is bound during the Carriage and shall provide, at his or her own expense and risk, all appropriate documents, necessary or required by the appropriate authorities to bring the animal to the country of destination. In the event of non-compliance with the above rules, the Carrier is entitled to charge a cleaning fee, as well as to charge the Passenger with costs that the Carrier will incur in connection with the violation of the above rules.
7.20. A Person with Disability or with Reduced Mobility shall have the right to carry one Assistance Dog whose aid the person may use during the Carriage, without paying any additional fees mentioned in section 7.9. The right mentioned in this section shall only be granted if the following conditions are jointly met: proper marking of the Assistance Dog; providing the Assistance Dog with the appropriate harness enabling cooperation of the Assisting Dog with the Person with Disability or with Reduced Mobility; possession by the Person with Disability or with Reduced Mobility of the written certificate of the Assistance Dog status; and the certificate on the implementation of required veterinary vaccination of the Assistance Dog valid on the date of Carriage. A Person with Disability or with Reduced Mobility is obliged to show documents confirming that all conditions specified in the Terms and Conditions are met whenever required by the Carrier or members of the Ship's crew.
7.21. Without prior consent of the Carrier, it is prohibited to carry onto the Ship or in the place of check-in or carry in any manner any weapons or its components, ammunition or its components, explosives, or other hazardous objects. Consent of the Carrier shall be given at the latest upon the ticket check-in of the Passenger. The Carrier may detain any objects carried against this prohibition and deposit them in the safe until the end of Carriage. If necessary, the Carrier shall notify the competent law enforcement authorities. The Passenger who carries weapons, ammunition, explosives, or other hazardous objects by the Carrier’s consent shall make himself acquainted with regulations concerning weapons, ammunition, explosives, or other hazardous objects applicable in the country of destination and shall hold a valid permit to hold such objects and to carry them into the country of destination.
7.22. No valuables can be carried as Luggage, unless they are deposited in the Ship’s safe remaining at the disposal of the Carrier. The Carrier shall not be liable for the Valuables, unless they are reported and deposited in the manner indicated in the preceding sentence.
7.23. The Passenger shall report to the Carrier at the check-in any items mentioned in sections 7.21 or 7.22.
7.24. The Carrier reserves that for safety reasons the following types of Necessary Medical Equipment shall be excluded from Carriage: equipment of above-standard dimensions, cylinders with compressed oxygen or other gas and other objects that are recognised according to applicable rules of law, including conventions or international agreements, as hazardous cargo or objects.
7.25. The Cargo shall not be carried under the Contract. The Carriage of Cargo shall be provided exclusively upon the payment of freight and under a separate contract on the carriage of goods by sea and shall be subject to Carrier’s General Terms and Conditions of carrying Cargo by sea.
7.26. The Passengers are required to check thoroughly whether they have not left any items on the Ship or at the check-in and are obliged to remove all items from the Ship provided that these items had not been previously detained by Carrier or the Ship's crew.
7.27. The Carrier shall not be liable for any damage or loss or destruction of items left by the Passenger on the Ship or at the check-in, including Luggage or Cargo.
7.28. The Carrier shall store items found on the Ship for a fee for a period of 30 days from the end of the Carriage, after which it will be entitled at its discretion to: destroy the items found on the Ship or transfer them to destinations selected by the Carrier, without paying any compensation or remuneration.
8. Liability of the Carrier and Limitations of Liability
8.1. The Carrier shall be liable for the death of a Passenger or injuries of a Passenger or for the loss of or damage to the Luggage only and exclusively under and according to the Regulation (EC) No. 392/2009 or if the Regulation (EC) 392/2009 is not applicable, under the Athens Convention. Any further liability of the Carrier for reasons mentioned in the preceding sentence shall be excluded, unless it cannot be excluded due to the generally applicable laws applicable to the Carrier or Carriage.
8.2. The liability of the Carrier for reasons mentioned in section 8.1 shall be subject to the limitations provided for in the Regulation (EC) No. 392/2009, conventions and other international regulations as well as the governing law of the Contract and the Terms and Conditions.
8.3. No advance payments made by the Carrier under the regulations mentioned in section 8.2 shall exceed the amount of EUR 21,000.00.
8.4. The liability of the Carrier mentioned in section 8.1 shall be subject to the deductible equal to 330 Units of Account in the event of damage to the Vehicle and 149 Units of Account in the case of damage to or loss of Luggage.
8.5. The liability of the Carrier due to the loss of or damage to the Valuables deposited with the Carrier shall not exceed 3,375 Units of Account.
8.6. If a Force Majeure event occurs, the Carrier shall not be liable for default on or the improper performance of the Contract. However, the Carrier shall remain liable for the cancellation or delay of departure or the delay of arrival under the Regulation (EU) No. 1177/2010.
8.7. Otherwise than in the cases mentioned in the Terms and Conditions, the Carrier shall not be liable for the loss of or damage to any objects of the Passenger or for the death or injury of the Passenger, unless such liability can be excluded due to the generally applicable laws applicable to the Carrier or Carriage.
8.8. The Carrier shall not be liable for any damage resulting from events or rendering services onshore before entering the Ship or after leaving the Ship, unless such liability can be excluded due to the generally applicable laws applicable to the Carrier or Carriage.
8.9. The Carrier shall not be liable for any damage to the Luggage or the Cabin Luggage caused before its carrying on-board of the Ship or after unloading from the Ship, unless such liability can be excluded due to the generally applicable laws applicable to the Carrier or Carriage.
8.10. The Carrier shall not be liable for any damage suffered by the Passenger as a result of events that occurred in the vicinity of the Ship or on the area used by the Carrier or for any damage caused by handling operations.
8.11. Following by the Carrier of any laws, regulations or orders of any public authorities or persons with authority under the insurance against the risk of war covering the Ship shall not be recognised as a default on the Contract. Disembarkation of the Passenger at the discretion of the Carrier or Ship's crew under such laws, regulations, or orders shall be considered as the complete performance of the Contract, and the Passenger shall not be entitled to any further claims thereunder.
8.12. The Carrier reserves the right to depart from the route in order to safe human life, to provide assistance to other ships or cargo in peril or for any other reasons justified at the discretion of the Carrier or Ship's crew. Such a deviation from the route shall not constitute the default on the Contract and the Passengers shall not be entitled to any claims thereunder. In particular, the Ship may, if such a need is determined by the Carrier or the master of the Ship, call in all ports with or without a pilot, tow, rescue property or life at sea, deviate from the determined route or return, extend or shorten stopovers and follow the orders of authorities in the place of stopover concerning the traffic of ships and the Passengers.
8.13. The Carrier reserves the right to provide replacement Ships, change a place or date of departure or arrival of the Ship to a destination or even to cancel the voyage. Subject to any rules of law to the contrary, the Passenger shall not be entitled to any damages in such cases, in particular to any reimbursement of the costs of accommodation in hotels or other costs resulting from such circumstances or the right to claim damages for any damage resulting from the delay of voyage.
8.14. The Carrier shall not pay damages below the amount of EUR 6.00.
8.15. Any claims for damages due to death, injuries or health disorders or due to damage to or loss of Luggage shall subject to limitation and may be claimed exclusively according to the provisions of the Regulation (EC) 392/2009 or if the Regulation (EC) 392/2009 is not applicable, according to the Athens Convention.
9. Notice of Damage
9.1. In the event of injury or health disorder, the Passenger shall notify the Carrier of its cause as soon as possible (before leaving the Ship). Notwithstanding the provisions of the preceding sentence, in any event he Passenger shall also file a claim against the Carrier in writing at the latest 15 days after the Passenger has left the Ship. It is implied that the Passenger who does not fulfil such duties has left the Ship in good health.
9.2. Unless the condition of Luggage upon its acceptance has been subject to a joint inspection and revision made by the Passenger and the Carrier or an authorized member of the Ship’s crew, if any visible damage to Luggage occurs, the Passenger shall notify the Carrier or his Agent in writing:
9.2.1. in relation to Cabin Luggage - immediately and before the Passenger leaves the Ship;
9.2.2. in relation to other Luggage - immediately and at the time of delivery to the Passenger.
9.3. Unless the condition of Luggage upon its acceptance has been subject to a joint inspection and revision made by the Passenger and the Carrier or an authorized member of the Ship’s crew, if any damage to Luggage occurs that is not visible or if Luggage is lost, the Passenger shall notify the Carrier or his agent to this effect in writing within 15 days after the Passenger has left the Ship or received the Luggage or from the date when such a transfer of Luggage by the Carrier should have taken place.
9.4. If the Passenger fails to notify the Carrier of any damage to the Luggage in the manner provided for in these Terms and Conditions, it is implied that the Passenger has received his or her Luggage complete without any damage, unless it is proved otherwise by the Passenger.
9.5. Neither the Luggage nor the Cabin Luggage may participate in the general average and the Passenger shall not make any claims from the Carrier thereunder.
10. Liability of the Passenger.
10.1. The Passenger shall be liable for any and all damage caused by his or her actions or omissions, either intentional or due to negligence, and shall remedy any such damage by paying the injured party or the Carrier equivalent damages.
10.2. The Passenger shall indemnify the Carrier, his personnel and agents against any liability due to death, injury or health disorder, if they result even partly from the actions or omission of the Passenger, either intentional or due to negligence.
10.3. The Passenger shall be held liable for any damage caused by the Passenger's failure to comply with the Contract or these Terms and Regulations and order regulations applicable and displayed on the Ship or orders of the Ship’s crew and is obliged to repair these damages by paying the injured party or the Carrier equivalent damages.
10.4. The Passenger shall be obliged to cover fees for additional services not covered by the Contract provided by the Carrier or on the Ship and any and all fees imposed on the Passenger by border, port authorities or other local authorities. If any such fees referred to in the preceding sentence are covered by the Carrier, the Passenger shall reimburse their equivalent to the Carrier with statutory interest calculated from the date of payment by the Carrier, in the maximum amount permitted in accordance with the law of the Republic of Poland.
11. Himalaya Clause
11.1. Any and all exclusions and limitations of the Carrier's liability reserved in the Contract or these Terms and Conditions or arising from the provisions of law applicable to the Carriage shall apply to the employees and agents of the Carrier as well as any persons commissioned by the Carrier for the performance of the Contract or persons carrying out the instructions of the Carrier.
11.2. The personnel, agents, persons commissioned by the Carrier for the performance of the Contract and persons carrying out the instructions of the Carrier shall be entitled to require from the Passenger to remedy any damage according to the same rules on which the Carrier may claim damages from the Passenger under the Contract or these Terms and Conditions.
12. Order and safety regulations, Order Fees
12.1. During the Carriage, the Passenger shall strictly follow the Contract and these Terms and Conditions, applicable order regulations displayed on the Ship and orders issued by the master of the Ship and the Ship’s crew members.
12.2. Occupying by the Passengers for the rest purposes the area of the Ship in places, which are not dedicated for such purposes according to instructions of the crew or other signs displayed on the Ship, as well as carrying in public areas of the Ship items such as: mattresses, mats, beddings, quilts, blankets, cushions, sleeping bags or similar, is forbidden.
12.3. On the Ship it is forbidden to smoke cigarettes, electronic cigarettes or any other stimulants, unless there are areas on the Ship strictly dedicated for the above purposes.
12.4. If the Passenger violates: the Contract or these Terms and Conditions or applicable order regulations displayed on the Ship or orders issued by the Master or the instructions from another authorized crew member of the Ship, as well as occupies for the rest purposes areas of the Ship, which are not dedicated for such purposes or carries in the public areas of the Ship items specified in point 12.2., or if the Passenger’s behaviour poses even a potential danger to the safety of the Ship or other Passengers or disturbs other Passengers, the Carrier shall be entitled at his discretion: to refuse the performance of Carriage, to refuse to allow the Passenger to board the Ship, to disembark the Passenger with or without Luggage in any port or to transfer the Passenger to another ship destined to another port; and moreover - if the Passenger causes danger to other Passengers or the crew members of the Ship or the Ship or the safety of navigation - to detain the Passenger in a separate room under supervision, if any.
12.5. In case of application of the provisions of section 12.4, the Carrier shall keep the whole Fee, moreover, the Passenger shall cover - but not limited to - any and all damage and costs that the Carrier or the crew of the Ship may incur due to the transfer of the Passenger to another ship or due to disembarking the Passenger in any port.
12.6. The Passenger may be requested to undergo search carried out by local authorities, port authorities or the Carrier or an authorized crew member of the Ship of the Passenger, any and all of the Passenger’s objects and Luggage, including the Vehicle, and to give answers to any questions asked. If the Passenger refuses to submit himself or himself or his or her belongings to the activities indicated in the preceding sentence or to provide an exhaustive and true answer to questions, the Carrier may refuse to carry out the Carriage and shall keep the whole Fee.
12.7. The Carrier may refuse the Carriage of the Passenger if, in the opinion of the Carrier or an authorized member of the Ship's crew, the Passenger's mental or physical condition or health raise concerns as to the possibility of safe Carriage. In the event of any such doubts as to the circumstances indicated in the preceding sentence, the Carrier or an authorized crew member may, under the pain of refusing the Carriage, demand the Passenger to submit a written statement on undertaking the voyage at the Passenger’s risk, or to request a medical certificate on the fitness for travel by sea, in the scope resulting from the Carriage. In the event of refusal to carry out the Carriage pursuant to the provisions of this section, the Carrier shall reimburse the Fee to the Passenger.
12.8. The Carrier may refuse to accept a reservation, to issue or make the Ticket available otherwise or to accept on-board a Person with Disabilities or with Reduced Mobility or to demand that a Person with Disabilities or with Reduced Mobility be assisted by another person who is capable of providing aid to the Person with Disabilities or with Reduced Mobility:
12.8.1. due to applicable requirements within safety set forth in international, European or domestic law or due to requirements concerning safety imposed by competent authorities;
12.8.2. in cases when the Ship's structure or port infrastructure from or to which the Carriage or equipment is to be made, including port terminals, prevent the embarking for the Person with Disabilities or with Reduced Mobility on a Ship or disembarking of a Person with Disabilities or with Reduced Mobility ashore, or if the Service for the Person with Disabilities or with Reduced Mobility cannot be rendered in a safe manner or is not feasible for operational reasons.
12.9. A person who assists a Person with Disabilities or with Reduced Mobility mentioned in section 12.8 shall be carried by Ship free-of-charge; however, the person may be charged with fees due for any additional services involved in the Carriage.
12.10. If a Person with Disabilities or with Reduced Mobility who has a reservation and who has fulfilled the obligations mentioned in section 3.2, 3.3 and 3.4 or if such obligations have been fulfilled for such a person, is refused entry onto the Ship, the Person with Disabilities or with Reduced Mobility and an assistant mentioned in section 12.8 shall be offered a choice between the reimbursement of the Fee and a change of route, according to the Regulation (EU) No. 1177/2010. The right to choose referred to in the preceding sentence may be limited and shall depend on the fulfilment of all the safety requirements.
12.11. Any complaints and claims concerning events that occur on-board the Ship or during the performance of the Contract shall be filed by the Passenger as soon as possible at the reception of the Ship in the dedicated form, in any case not later than by the end of the second month from the day of performance of the Carriage or when it should have been performed. With respect to any matters covered by the Regulation (EU) No. 1177/2010, the Carrier shall notify the Passenger within one month of the receipt of a relevant complaint that the complaint has been recognised, rejected or is still being handled. The deadline for giving the final answer by the Carrier shall be two months.
12.12. The Passenger is obliged to become familiarized with the conditions of crossing a border and the requirements, including those concerning documents, related to crossing borders of countries to which the Ship enters under the Carriage and is obliged to comply with these conditions and requirements at his or her own expense and risk. In the event of a breach of the preceding sentence by the Passenger, the Carrier shall be entitled to terminate the Contract with an immediate effect and keep the whole Fee.
12.13. If border, port, or local authorities prohibit the Passenger from disembarking or from unloading any pets or Luggage or other items carried by the Passenger, the Passenger shall pay for the return ticket of the Passenger by paying the Fee or paying for the return transport of animals or Luggage or other things, paying freight and ensuring receipt by a duly authorized person of the animals or Luggage or other things at the port of destination. If the Passenger violates the provisions of the preceding sentence, and in particular in the case of non-payment of the return journey, the Carrier may disembark from the Ship the Passenger who is refused entry onshore, in any other port, or transfer such Passenger to another ship heading for such another port.
12.14. The Passenger shall cover any damage and any and all costs incurred by the Carrier due to the to the refusal issued for the Passenger to disembark onshore or refusal to unload Luggage or pets or other items carried by the Passenger, including any damage and costs incurred due to the disembarkation of the Passenger in any port or transferring the Passenger to another ship heading for such another port.
12.15. If the Passenger does not fulfil the obligations that result from the Contract or these Terms and Regulations or the applicable order regulations displayed on the Ship or the command of the Master of the Ship or the recommendation of another authorized ship's crew member, as well as occupies for the rest purposes areas of the Ship, which are not dedicated for such purposes or carries in the public areas of the Ship items specified in point 12.2., or in cases where the Passenger creates at least a potential threat to the safety of the Ship or other Passengers or disturbs the peace of other Passengers, irrespective of other Carrier's rights indicated in these Terms and Conditions, the Carrier at its sole discretion shall be entitled to impose on the Passenger a contractual penalty in the form of an Order Fee in accordance with the list of Order Fees applicable and displayed on the Ship during the performance of the Contract or Carriage. In the case when the Carrier's damage due to non-compliance by the Passenger with the above obligations exceeds the amount of the Order Fee imposed on the Passenger, the Carrier shall be entitled to claim supplementary compensation in excess of the amount of the Order Fee reserved above.
12.16. If an Order Fee is imposed on the Passenger, the Passenger shall pay it in cash or with a payment card at the reception of the Ship immediately after determining that the Passenger has failed to fulfil the applicable obligations.
12.17. Upon the request of the Passenger or a person who intends to execute the Contract, the Carrier shall deliver to the appropriate person at the Carrier's discretion: in the form of a document or in writing, the content of order regulations and the list of Order Fees applicable at a given time on the Ship on which the Carriage is to be made.
13.1. The Carrier shall be entitled to the pledge over the Luggage or other items brought by the Passenger aboard the Ship or in possession or held by the Passenger or under his custody or control (including the Vehicle), to secure any and all liabilities under the Contract or Carriage, including due to Order Fees and claims relating to compensation claims, in particular damages to the Ship or its equipment.
13.2. The Carrier shall be entitled to keep a pledged object until the Passenger has fulfilled the liability on the secured claim or until the Passenger provides another security for claims appropriate at the Carrier's discretion.
13.3. The Carrier shall be also entitled to keep the Luggage or other items brought by the Passenger aboard the Ship or that are in the possession or held by the Passenger or under his custody or control (including the Vehicle) or any item contained in the Carrier's possession, until the Passenger has fulfilled the claim for compensation or until the Carrier’s claims are duly secured.
13.4. The Passenger shall be obliged to bear any and all costs or cover any damage to the Carrier caused by the pledge or detention or storage of goods retained by the Carrier in accordance with the provisions of the above sections.
14. Application of GDPR
14.1. Providing by the Passenger personal data indicated by the Carrier is a contractual condition for the conclusion and performance of the Contract and is necessary for the purposes of the Service and results from the implementation of obligations arising from the law and is also necessary to achieve the objectives arising from the legitimate interests of the Carrier.
14.2. The Passenger's refusal to provide all personal data indicated by the Carrier constitutes an obstacle to the conclusion of the Contract and entitles the Carrier to refuse to enter into the Contract.
14.3. The request to remove or limit the processing of personal data or opposition to the processing of personal data, including profiling or withdrawal of consent to the processing of personal data entitle the Carrier, at the Carrier's choice to: refuse to carry out the Carriage or refuse to allow the Passenger to board the Ship, in which case Carrier shall retain the whole Fee.
14.4. The administrator of Passenger Personal Data is: UNITY LINE LIMITED SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Branch in Poland, with registered office in Szczecin, address: Pl. Rodła nr 8, 70-419 Szczecin.
14.5. Contact details of the Data Protection Officer: e-mail: email@example.com.
14.6. Any questions regarding the manner and scope of processing of personal data by the Carrier, as well as the rights due to the Passenger should be directed to the address indicated in section 14.4.
14.8. Personal data of special categories (such as health information) will be processed by the Carrier only if it is necessary for the proper performance of the Contract or with the consent of the person to whom the personal data pertain or if it is required by law.
14.9. Personal data may be made available by the Carrier to the following recipients or categories of recipients:
14.9.1. authorities or public administration or institutions or third parties entitled to request access or receive personal data on the basis of legal provisions;
14.9.2. entities performing public tasks or acting on behalf of public authorities, to the extent and for purposes that result from legal provisions;
14.9.3. managing entities or authorities of ports to which ships or other local authorities or entities are involved in the performance of the Carriage;
14.9.4. entities to which the Carrier entrusts the processing of personal data based on concluded contracts, including a co-workers or suppliers or subcontractors, as well as entities providing technical support, banks, postal operators, IT suppliers or other services, entities providing telecommunications or accounting or insurance services to the Carrier, etc.;
14.9.5. entities in respect of which the person to whom the personal data relates has consented to the disclosure or processing of personal data.
14.9.6. entities associated with the Carrier;
14.9.7. entities by means of which the Carrier performs the Contract.
14.10. The data subject has the right to:
14.10.1. access their personal data, including obtaining copies of data collected or processed by the Carrier.
14.10.2. request correction (amendment) of incorrect personal data or supplementing of incomplete personal data;
14.10.3. request the deletion of personal data - if:
i) the data is no longer necessary for the purposes for which it was collected or otherwise processed,
ii) the data subject has objected to the processing and there are no overriding legitimate grounds for the processing,
iii) the data subject has withdrawn the consent on which the processing is based and has no other legal basis for the processing,
iv) the data is processed unlawfully,
v) data must be removed in order to comply with the legal obligation;
14.10.4. request to limit the processing of personal data - if:
i) the data subject questions the accuracy of personal data - for a period allowing the administrator to check the correctness of such data,
ii) the processing of the data is unlawful and the data subject opposes the deletion of the data, requesting instead to limit it,
iii) the controller no longer needs personal data for the purpose of processing but it is necessary for the data subject to determine, assert or defend claims,
iv) the data subject has objected to the processing of the data - pending determination of whether the legitimate grounds on the part of the controller override the grounds for objection of the data subject;
14.10.5. transfer the personal data (in the case of transfer of data, due to other legal provisions, it may be required to obtain separate consent or consent of another person or fulfil other conditions required by these regulations) - if:
i) the processing takes place on the basis of a contract concluded with the data subject or on the basis of the consent of that person, and
ii) the processing takes place in an automated manner;
14.10.6. opposition to the processing of personal data, including profiling, when processing is carried out on the basis of a legitimate interest or for statistical purposes, and the opposition is justified by the specific situation in which the person was found;
14.10.7. not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or otherwise significantly affect that person, unless the decision is necessary for the performance of the Contract, is legally permitted or previously, the person had given his or her explicit consent.
14.11. In the event that the processing of personal data by the Carrier takes place on the basis of the consent granted, irrespective of other provisions of the Contract or these Terms and Conditions, at any time the person to whom the personal data relates is entitled to withdraw in any form granted consents for individual purposes of processing. Withdrawal of consent does not affect the lawfulness of the processing carried out until the consent is withdrawn.
14.12. In the event that the processing of personal data by the Carrier violates the provisions of the GDPR, the person concerned by the personal data processed has the right to file a complaint to the supervisory body, i.e. the President of the Office for Personal Data Protection.
14.13. In the event that the processing of personal data by the Carrier violates the provisions of the GDPR, the person to whom the personal data relates is entitled to lodge a complaint to the supervisory body, i.e. the President of the Office for Personal Data Protection.
14.14. Criteria for determining the period of storage of personal data: The Carrier shall keep personal data for the time necessary to perform the Contract and the time within which it is possible to pursue claims in connection with the performance of the Contract or Transport. Irrespective of the provisions of the preceding sentence, the Carrier also stores personal data for the period in which on the basis of mandatory legal provisions Carrier is obliged to store personal data (e.g. for the purpose of documenting compliance with legal requirements, including allowing authorities or public administration or tax authorities control of proper compliance with the law by the Carrier).
14.15. All periods of personal data storage are counted from the date of termination of the performance of the Contract or other event that results in the need to process personal data.
14.16. In the following scopes: necessary to conclude and perform the Contract or the Company's performance of the obligation under the law or for statistical or reporting purposes, personal data may be processed in an automated manner, which may involve automated decision making, including profiling, which activities may cause legal effects or significantly affect the Passenger's situation or performance of the Contract.
14.17. In justified and necessary circumstances due to circumstances, the Carrier may provide personal data to entities established outside the European Economic Area or international organizations. Personal data will be transferred only to entities or organizations in relation to which the European Commission has found an adequate level of protection.
15. Other Provisions
15.1. The titles of individual editorial units of the Terms have been placed only for convenience and have no legal significance and do not affect the interpretation of the provisions of these Terms and Conditions.
15.2. The Price List, the Shipping Timetable and the list of Order Fees valid on the date of the conclusion of the Contract form an integral part of these Terms and Conditions.
GENERAL RULES OF BOOKING SEA TRANSPORT OFPASSENGERS AND THEIR LUGGAGEvalid from 01 February 2017 until the changes are introduced
1. Scope of Application. General Provisions.
1.1. These general rules of booking sea transport of passengers and their luggage establish mutualrights and obligations of the Parties of booking sea transport of passengers and their luggagecontracts, executed by and between Unity Line Limited as a carrier and its customers.
1.2. These general rules of booking sea transport of passengers and their luggage specify:
1.2.1.methods and principles of executing the booking sea transport of a passenger and his or herluggage contract,
1.2.2. rights and obligations of the Parties the aforementioned contract.
1.3. The Polish law shall be applied to the booking sea transport of a passenger and his or herluggage contract and to these general conditions.
1.4. If any provision of the booking sea transport of a passenger and his or her luggage contract or ofthese general rules proves to be in conflict with absolutely applicable law or impossible to be appliedbecause of that law, a provision of that law will be introduced in place of it that - taking intoconsideration the interpretation of the entire said contract or of the general rules concerned and theirnature - will regulate the matter which was regulated by the excluded provision in a manner the mostsimilar to the provision excluded.
2. Definitions.The following terms, used in these general rules, are given the following meanings:
2.1. Agent - a representative of the Carrier authorised to execute Contracts with the Customer onbehalf of and for the Carrier;
2.2. Ticket - a personal document, being a proof of executing a transport contract between the Carrier,and an individually named passenger;
2.3. Phone booking service (in short: PBS) - a remote customer service office operating undernumbers indicated on the website of the Carrier and via the following e-mail firstname.lastname@example.org;
2.4. Price List - an announced by the Carrier and applicable specification of Fees and other feesrelated to the Transport at particular times of the day on all routes operated by the Carrier and otherservices provided by the Carrier;
2.5. Working Hours – opening hours of the office of Unity Line Limited Sp. z o.o. Oddział w Polsce withits registered office in Szczecin at Plac Rodła 8, 70-419 Szczecin, i.e. on Monday, Tuesday,Wednesday, Thursday and Friday from 7:30 AM to 8:00 PM, and on Saturdays from 9:00 AM to 2:00PM, excluding public holidays within the territory of the Republic of Poland.
2.6. Communication Channels - Agent, PBS, Website, Service Point;
2.7. Customer - a natural person, legal person or an organisational unit with no legal personality towhom legal regulations give suitable subjectivity, executing a Contract with the Carrier;
2.8. Indispensable Medical Equipment - medical equipment and equipment making it possible tomove, indispensable for a Disabled Person or a Person with Reduced Mobility;
2.9. Booking Number - a code assigned as a result of executing the Booking Contract making itpossible to identify the Booking and rules thereof;
2.10. Fee - a fee for Transport;
2.11. Disabled Persons or Persons with Reduced Mobility - disabled persons or persons with reducedmobility within the meaning of Regulation (EU) No. 1177/2010;
2.12. Passenger - a person who according to the Contract is to use the Transport provided by theCarrier;
2.13. Assisting Dog - an appropriately trained, specially labelled and veterinary-vaccinated dog whosetraining is confirmed with a suitable certificate, and current vaccinations with an appropriate certificate;
2.14. Vehicle - a technically operational and approved to be used in traffic passenger mechanicalvehicle with the height not exceeding 3.60 meters, the length not exceeding 10 meters and with thetotal mass not exceeding 3.5 tons, or a set of such mechanical vehicles the total length of which doesnot exceed 14 meters. The height of a car (set) is calculated together with rails, other car (set)structures, boots and other objects located on the car (set);
2.15. Carrier - Unity Line Limited, 18/2 South Street, Valletta VLT 1102, Malta;
2.16. Transport - transport of Passengers and their Luggage by sea, provided by the Carrier undera transport contract;
2.17. Service Point - a representative office of the Carrier on a Ferry Terminal in Świnoujście (Poland),Trelleborg (Sweden) and Ystad (Sweden);
2.18. Booking - a mutual pledge by the Parties to the Contract to execute a contract for the Transportof specific Passengers, on a specific date on a route compatible with the Timetable of Cruises;
2.19. Timetable of Cruises - an announced by the Carrier and applicable specification of time ofbeginning and completion of the Transport on all routes operated by the Carrier;
2.20. Website - a website devoted to the Transport provided by the Carrier which is available underthe following addresses: www.unityline.pl, www.unityline.eu, www.unityline.se;
2.21. Force Majeure - an external, sudden event which cannot be foreseen and is impossible to beprevented, and also any breach of the peace making proper performance of the Contract impossible,including: war, war activities, riots, blockades, strike and unfavourable weather conditions thataccording to the Carrier’s experience can cause risk to the safety of the Passengers or the Ship aswell as the Ship technical failures other than given rise to as a result of collision or running into
2.22. Ship - each ship used, now or in the future, by the Carrier to transport the Passengers and theirluggage by sea;
2.23. Contract - a Booking contract the Rules are an integral part of which;
2.24. Rules - these General Rules of Booking Sea Transport of Passengers and their Luggage;
3. Executing the Contract - General Provisions
3.1. The Carrier by executing the Contract undertakes to make a Booking of specific Passengers andtheir luggage, on the date and on the route agreed with the Customer, according to the currentTimetable of Cruises, and the Customer undertakes to give necessary information and in a timelymanner pay the Fee agreed according to the Price List.
3.2. The entire amount of the Fee should be paid no later than when the Contract is executed. Theaforementioned principle does not apply to Contracts executed through the agency of the PBS, in thiscase the entire amount of the Fee should be paid no later than when the Ticket is issued.
3.3. The Carrier is entitled, at its own discretion, to demand from the Customer to make prepaymentdue to the carriage in the amount of 100% Fee. Prepayment should be paid within 3 days from the dayof making a Booking under pain of cancelation of the Booking. In case of the change or cancelation ofthe Booking, prepayment will be settled in accordance with point 8.11 below.
3.4. The Contract can be executed through the agency of the following Communication Channels:
3.4.4. at the Service Point.
3.5. Unless it is provided otherwise by a special provision concerning making a Booking through theagency of separate Communication Channels, the provisions of this point apply to executing andperformance of the Contract.
3.6. The Customer is obliged to give the date and hour of the beginning of the Transport and theTransport route, according to the Timetable of Cruises, and also the following information concerningeach of the Passengers: 3.5.1. First and Last Names; 3.5.2. Nationality; 3.5.3. Date of Birth; 3.5.4.Sex; 3.5.5. Passenger Category (adult, child, retiree or student).
3.7. The Customer is obliged to inform the Carrier whether or not any Vehicle will be transported. If so,the Customer is obliged to give the total mass, height and the length of the Vehicle.
3.8. Additionally, the Customer is obliged to inform the Carrier whether or not there are any DisabledPersons or Persons with Reduced Mobility among the Passengers as well as inform about: thesepersons' particular needs as regards accommodation, seats, services required, the need to use bythese Persons on board of the Ship the Indispensable Medical Equipment, its type and sizes or anintention to use the Assisting Dog during the Transport.
3.9. Information described in point 3.8. should be handed over to the Carrier no later than 48 hoursprior to beginning to provide expected help for the Disabled Person or the Person with ReducedMobility. Failure to meet the date concerned can make it impossible to obtain the said help.
3.10. In the case there are Disabled Persons or Persons with Reduced Mobility among thePassengers, the Customer is obliged to give exhaustive answers to the questions asked him or her inrelation to the type of disability, the Indispensable Medical Equipment or the Assisting Dog.
3.11. The Carrier is not a public carrier and subject to point 3.12 below, the Carrier can refuse to maketransport Booking for a specific Passenger, because of the safety of the ship or transported people orloads.
3.12. The Carrier can refuse to execute a Contract to Make a Booking of Transport of a DisabledPerson or a Person with Reduced Mobility, or request that such a person is accompanied by another person able to give help to such a person: 3.11.1. because of the applicable requirements for safetydefined in the international, EU or national law or because of the requirements concerning safetydefined by competent authorities; 3.11.2. in the cases where the Ship construction or the portinfrastructure and its equipment, including the port terminals, make it impossible to get on board or togo ashore or where the transport of the said person cannot be made in a safe manner or is notfeasible from the operational point of view.
3.13. The moment the Ticket is received by the Passenger, the Transport Contract is executedregulated by the provisions of the Ticket and of the General Rules of Sea Transport of Passengersand their Luggage.
4. Executing the Contract through the Agent
4.1. Information on the Agents is given on the Website.
4.2. Only such a Booking can be made through the Agent which is compatible with an offer availablein a given time with the Agent with whom the Booking is being made.
4.3. For the purposes of executing the Contract, the Customer is obliged to give all data required bythe Agent as well as to perform all actions required by the Agent. Failure to provide by the Customerthe data required by the Agent or failure to perform by the Customer the actions required by the Agentdoes not guarantee that the effective Booking will be made and is the basis to refuse to execute theContract.
4.4. The Customer is obliged to give the Agent only correct and truthful data. The Carrier and its Agentare not held liable for giving the Agent wrong or untruthful data by the Customer.
4.5. After the Contract has been executed and the entire Fee taken, the Agent issues a Voucher to theCustomer.
4.6. The Customer is obliged to check the Voucher and report any errors immediately at the placewhere it is issued. The Carrier is not held liable for errors not reported immediately.
4.7. Confirmation of making a Booking and of paying the entire Fee is the Voucher, being subject toa change for the Ticket and boarding passes on the ferry terminal, where the Transport begins.
4.8. Only the original of the Voucher is subject to the change referred to in point 4.7. above.
5. Executing the Contract through the PBS
5.1. Only such a Booking can be made through the PBS which is compatible with an offer available ina given time in the PBS.
5.2. For the purposes of executing the Contract, the Customer is obliged to follow and carry outinstructions given by the PBS employees, including to give all data required by the PBS as well as toperform all actions required by the PBS. Failure to follow and failure to carry out by the Customer theinstructions of the PBS does not guarantee that the Booking will be effectively made and is the basisto refuse to execute the Contract.
5.3. The Customer is obliged to give the PBS only correct and truthful data. The Carrier is not heldliable for giving the PBS wrong or untruthful data by the Customer.
5.4. The condition for making the Booking is to pay by the Customer the Fee in a manner and withinthe time limits agreed when placing an order in the PBS, no later when the Ticket is issued. If the payment is not made within the time limits, the Booking is automatically cancelled, regardless ofwhether or not this fact is clearly communicated to the Customer.
5.5. After the Contract has been executed, the Customer will be informed by the PBS about theBooking Number in a manner established with the PBS, in particular the Booking Number can be sentto the e-mail address given by the Customer.
5.6. It is not allowed to use the PBS contrary to the intended use of the PBS and the Rules, inparticular to disrupt operations of the PBS. The Carrier is not held liable for damage suffered by theCustomer resulting from using the PBS contrary to the intended use of the PBS and the Rules. If theCustomer uses the PBS contrary to the intended use of the PBS and the Rules, the Carrier can refuseto execute the Contract.
5.7. The Carrier is not held liable for limitations or technical problems occurring on the part of solutionsor technical devices of the Customer, in particular suffered by the Customer, and resulting from itdamage, when using by the Customer the PBS, in particular limiting or making it impossible to use thePBS by the Customer.
6. Executing the Contract through the Website
6.1. Only such a Booking can be made through the Website which is compatible with an offer availablein a given time on the Website.
6.2. For the purposes of executing the Contract, the Customer is obliged to follow and carry outinstructions given on the Website, including to give all data required by the Website as well as to do allactivities required by the Website. Failure to follow and failure to carry out by the Customer theinstructions of the Website does not guarantee that the Booking will be effectively made and is thebasis to refuse to execute the Contract.
6.3. The Customer is obliged to give only correct and truthful data on the Website. The Carrier is notheld liable for giving wrong or untruthful data by the Customer on the Website.
6.4. After the Contract has been executed, the Customer would receive from the Website, to the e-mailaddress indicated by the Customer on the Website when registering, an electronic messageconfirming that the Booking has been made and indicating the Booking Number.
6.5. The Customer is obliged to check the data contained in the message described in point 6.4.above and to immediately report any errors. Where the errors are not immediately reported, theCarrier is not held liable for irregularities in the content of the Booking.
6.6. It is not allowed to use the Website contrary to the intended use of the Website and the Rules, inparticular to introduce by the Customer any illegal content to the Website and to make changes to theWebsite or to disrupt its operation. The Carrier is not held liable for damage suffered by the Customerresulting from using the Website contrary to the intended use of the Website and the Rules. In thecase the Customer uses the Website contrary to the intended use of the Website and the Rules, theCarrier can refuse to execute the Contract.
6.7. Minimum technical requirements for the cooperation with the Website are the following:a) web browsers: Internet Explorer 7.0 or newer versions, Firefox 3.0 with software installed to supportjava Script and Java applets;b) optimisation of a website to the resolution of 1024x768;c) possibility to install cookies.
6.8. The Carrier is not held liable for limitations or technical problems occurring on the part of solutionsor technical devices of the Customer, in particular suffered by the Customer, and resulting from itdamage, when using by the Customer the Website, in particular limiting or making it impossible to usethe Website by the Customer.
6.9. The Carrier’s liability for damage suffered by the Customer resulting from using by the User theWebsite is limited to the cases of intentional guilt.
7. Executing the Contract at the Service Point
7.1. Detailed information on locations of the Service Points is available on the Website.
7.2. The Customer can only make such a Booking which is compatible with an offer available ina given time at the Service Point in which the Customer is making the Booking.
7.3. For the purposes of executing the Contract, the Customer is obliged to give all data required bythe Service Point as well as to do all activities required by the Service Point. Failure to give by theCustomer the data required by the Service Point or failure to perform by the Customer the actionsrequired by the Service Point does not guarantee that the Booking will be effectively made and is thebasis to refuse to execute the Contract.
7.4. The Customer is obliged to give at the Service Point only correct and truthful data. Unity Line andthe Carrier are not held liable for giving wrong or untruthful data by the Customer at the Service Point.
7.5. After the Contract has been executed, the Service Point would inform the Customer about theBooking Number.
8. Cancellation and change of the Booking
8.1. Either of the Parties to the Contract is entitled to unilaterally cancel the Booking and therebyterminate the Contract, at any time prior to performing it, in the case of occurrence of the ForceMajeure.
8.2. The Carrier is entitled to unilaterally cancel the Booking and thereby terminate the Contract also inany other case than the Force Majeure that makes it impossible to carry out safe Transport.
8.3. The Customer is entitled to unilaterally cancel the Booking and thereby terminate the Contract bysubmitting a suitable declaration no later than 24 Working Hours prior to the intended beginning of theTransport. The cancellation of the Booking after the lapse of the aforementioned date updates on thepart of the Customer the obligation to pay the entire Fee as if the Customer took advantage of theTransport, and on the part of the Carrier the right to keep the paid Fee as if the Customer tookadvantage of the Transport.
8.4. The Customer can cancel the Booking through the Communication Channel using which theCustomer executed the Contract. The above does not apply to the Website, in the case of the saidCommunication Channel, to cancel the Booking the Customer can send an electronic message to thefollowing address: email@example.com or use the PBS.
8.5. In the case of the cancellation of the Booking made through the Agent, the Customer is obliged tohand over the original of the issued Voucher confirming the Booking, and also to return the issuedreceipt or Invoice. In other cases the Customer is obliged to return the issued receipt or Invoice.
8.6. The change of the Booking is only accepted with the consent of both Parties to the Contract.
8.7. Subject to point 8.8. below the change of the Booking can be made no later than 24 WorkingHours before the intended beginning of the Transport.
8.8. Possibility to make the change of the Booking is dependent on the availability of products orservices which the changes are to concern on the date on which the Booking after the changes is tofall.
8.9. If the change of the Booking causes a change to the Fee, the change of the Booking will be madeafter earlier payment of a surcharge by the Customer or reimbursement of the overpayment created asa result of the change by the Carrier.
8.10. In the case of the cancellation of the Booking made through the Agent, the change of theBooking requires to hand over the original of the previously issued Voucher and to issue a newVoucher confirming the Booking, and also to return the issued receipt or Invoice.8.11. In the case of the prepayment according to point 3.3. above, the Customer is entitled to cancelits Booking retaining the right to return of prepayment only if the cancelation will take place within 14days before the date of the beginning of carriage. If the Booking is cancelled by the Customer laterthan it is indicated above, the prepayment will not be returned. In such situation the Customer isentitled to change the Booking into other date agreed with the Carrier and to include prepayment inthe Fee due to the carriage on changed date. Regardless to the above, other provisions of point 8.should apply accordingly, especially point 8.3., 8.7. and 8.9
9.1. In the case the Customer wants to file a complaint to the Carrier, the Customer submits it withintwo months since the day, since the event included in the complaint. After the lapse of the above dateof Unity Line, the complaints of the Customer will not be examined.
9.2. Complaints should be reported by e-mail to the following e-mail address: firstname.lastname@example.org,by telecommunication under the following fax number +48 91 359 58 85 or in writing to the followingaddress: Unity Line Limited Sp. z o.o. Oddział w Polsce, Plac Rodła 8, 70-419 Szczecin. Complaintsreported otherwise will not be examined.
9.3. Complaints should contain the Booking Number which the complaint concerns, the first and thelast name of a reporting person or entity, the correspondence address of a reporting person or entityas well as the complaint charges. Complaints which do not meet these conditions will not beexamined.
9.4. The Carrier notifies the Customer that his or her complaint has been accepted, dismissed or is stillbeing examined within one month since a correctly reported complaint has been received. The timelimits within which the final answer is to be given cannot be longer than two months since the date thecomplaint has been received.
10. Other Provisions.
10.1. The Carrier issues invoices at the request of the Customer sent in writing to the followingaddress: Unity Line Limited Sp. z o.o. Oddział w Polsce, Plac Rodła 8, 70-419 Szczecin, or via an emailmessage to the following address: email@example.com. In the case the Customer isinterested in receiving an invoice, the Customer is obliged to hand over to the Carrier the original ofthe issued receipt (provided it was issued in accordance with applicable tax regulations).
10.2. The current Price List and Timetable of Cruises are an integral part of the Rules.
10.3. The Rules come into force on the day they are announced at the place of publication and areapplicable until the changes are introduced or are replaced with new Rules. The Website is the placeof publication of the Rules.
10.4. The Carrier emphasises that liability limitations described in the General Rules of Sea Transportof Passengers and their Luggage apply.
The regulations for providing electronic services of passenger tickets booking valid from June 01, 2016 till amendment date
1. These regulations, hereinafter referred to as "Regulations", are issued by Unity LineLimited spółka z ograniczoną odpowiedzialnością Branch in Poland [hereinafter referred to as: “Unity Line”] pursuant to article 8 of the act from July 18, 2002 on providing service viaelectronic methods (Journal of Laws from 2002, No. 144, position 1204 later changed).
2. Unity Line with the registered office in Szczecin (70-419), Plac Rodła 8, the electronic address (thewebsite) http://www.unityline.pl/, is registered at The National Court Register number 0000487684,the documentation of which is stored by the District Court of Szczecin-Center in Szczecin, XIIIBusiness Department of the National Court Register, NIP no. 302-000-17-48,
3. In the Regulations, the following expressions shall have the meaning defined below:
a) On-line System - a booking system which belongs to and is served by Unity Line, and whichenables a natural person, hereinafter referred to as the "User", to book tickets for the carriage ofpassengers, their luggage and cars by sea by Unity Line, hereinafter referred to as the "Tickets", forthe benefit of the User or a third party (a natural person), hereinafter referred to as the "Passenger",
b) The User - has the meaning defined in part a) above;
c) The Ticket - has the meaning defined in part a) above;
d) The Passenger - has the meaning defined in part a) above;
e) The Carriage Conditions - conditions under which Unity Line provides the service of carriage to thePassengers, their luggage and cars by sea;
f) A Special Offer - an offer for Passengers, their luggage and car carriage by sea that is nonrefundable and without an option for any changes, that is published in a given time at the electronicaddress (on the website) http://www.unityline.pl/.
4. Unity Line via electronic methods provides the service of booking Tickets, hereinafter referred to asthe "Service". The carriage agreements are entered according to the rules settled in and inaccordance with the Conditions of Carriage.
5. The Conditions of Carriage are available at request from the Unity Line, in Ferry Terminals inŚwinoujście and Ystad or at the electronic address (on the website) http://www.unityline.pl/.
6. By using the Service, a User and a Passenger accept the provisions of the Regulations. By usingthe Service, a User and a Passenger also give their consent to the User's and the Passenger'spersonal data being processed by Unity Line, that is the data which must be provided according tothese Regulations or the law. By using the Service, a User and a Passenger also accept the PrivacyPolicy of Unity Line, the wording of which is available at the electronic address (on the website). Byusing the Service, a User and a Passenger may give their consent to receive trade information viameans of electronic communication and having their personal data processed by Unity Line and theCarrier for purposes not directly connected with the Service, especially marketing and advertisingpurposes. In cases of the use of the Service by a User who is not a Passenger, by using the Service the User declares that they are authorised to give the consents mentioned in the precedingsentences on behalf of and for the benefit of the Passenger.
7. Minimum technical requirements necessary to use the On-line System are as follows:
a) Internet browsers: Internet Explorer 7.0 or newer, Firefox 3.0 with the software to serve Java Scriptand Java applets installed;
b) Website optimisation to the resolution of 1024 x 768;
c) Ability to install cookie files.
8. Unity Line is not responsible for technical difficulties or limitations which occur on the side of User'stechnical solutions and equipment which preclude the User from using the On-line System.
9. Using the On-line System discordantly to its purpose, the Regulations or the law is forbidden. Insuch a case Unity Line has the right to refuse the Service, and may refuse the carriage.
10. Successful finalisation of booking the Ticket entitles the Passenger to receive the Ticket at theFerry Terminal in Świnoujście or in Ystad.
11. The User is obliged to fill in the form of the On-line System solely and exclusively with the correctand truthful data.
12. In the forms of the On-line System it is required to provide the following data regardingPassengers:
a) surname and name;
c) year of birth;
d) precise residence address with the post code;
e) locality and country of residence;
f) valid contact phone number;
g) valid electronic mail address;
h) registration number of a car, in case of travelling with the car.
13. In the forms of the On-line System, the following data regarding the User is required:
a) surname and name;
b) precise residence address with the post code;
c) locality and country of residence;d) valid contact phone number;e) valid electronic mail address.
14. All the data and information regarding the Passengers shall be verified during the checkinat the Ferry Terminal in Świnoujście or Ystad on the day when the carriage starts. The verificationshall be based on the basis of ID documents with photos. In case of any discrepancies between thedata and information provided in the forms of the On-line System and the data and information fromthe ID document, Unity Line has the right to refuse carriage. All the consequences and results ofdiscrepancies are incurred only by the User and the Passenger.
15. Ticket Booking in the On-line System may be done 2 hours at the latest before the scheduled ferrydeparture.
16. Booking payment, Ticket payment included, is made via payment card or a bank transfer througheCard company.
Payment cards which may be used in the On-line System are: VISA, MasterCard, EuroCard.
Bank transfers which may be used are: mTransfer (mBank), mPay, Płacę z Interligo, MultiTransfer(MultiBank), Przelew24 (BZWBK), ING Bank Śląski, Płać z Nordea, Przelew z BPH, Pekao24 (BankPeako S.A.), iPKO (Bank PKO BP), Moneybookers, SEZAM (Bank BPH SA), MilleNet (MillenniumBank), , Lukas Bank, Bank Ochrony Środowiska, Toyotabank, AliorBank, CityBank, Bank BPH.
17. Any changes regarding the carriage (date of departure/return, adding/subtracting the number ofPassengers, etc.) in a booking completed and paid for, are possible solely and exclusively by phonecontact with Unity Line no later than 24 working hours before the start of the carriage. Resignationfrom a booking completed and paid for, is possible on the rules defined in and in accordance with theConditions of Carriage.
18. In order to receive a due refund of a booking completed and paid for in relation with changing orcancelling the booking, one should send a written application to the electronic firstname.lastname@example.org. The application ought to include:
a) name and surname of the User;
b) the booking number;
c) a valid contact phone number, and a valid electronic mail address.A due refund is made within 30 days from the day of receiving the application and solely andexclusively into the account for which the payment card used for paying for the cooking was issued.Should the payment was made by transfer into bank account, the refund would be made into the bankaccount indicated by User.
19. To receive a VAT invoice on a paid booking one should send a written application to the electronicaddress email@example.com or the correspondence address Unity Line, Pl. Rodła 8, 70-419 Szczecinwithin 3 months from the date of making the payment. VAT invoices are sent via post at the expenseof Unity Line Limited.
20. All complaints regarding the On-line System ought to be sent to the electronic firstname.lastname@example.org no later than 2 months from the date of the occurrence they regard. Theletters ought to contain: a name and a surname, a precise correspondence address, valid electronicmail address, potential booking number that the complaint regards together with a detailed descriptionand the reason of complaint. The complaints shall be examined and sent to the address given in thecomplaint within 30 days from the day of receiving them in writing.
21. Unity Line Limited processes the personal data of Users and Passengers only for the needs ofproviding Services and carriage or in connection with providing Services and carriage or others set inthe Regulations and the provisions of law, exclusively in accordance with applicable provisions of lawin the scope of processing personal data and providing services via electronic methods.
Summary of provisions concerning the rights of passengers travelling by sea in the event of accidents1
[The carrier shall provide at least this information to the passengers prior to or on departure to the extent this Regulation applies to their carriage. This summary has no legal value]
Regulation (EC) No 392/2009 on the liability of carriers of passengers in the event of accidents becomes applicable in the EU and EEA States2 on 31 December 2012. It incorporates certain provisions of the 1974 Athens Convention (as amended by the 2002 Protocol) relating to the carriage of passengers and their luggage by sea.
The Regulation applies to all carriers in international carriage, including carriage between EU Member States, and certain types of domestic carriage, provided that:
- the ship is flying the flag of a Member State or is registered in a Member State, or
- the contract of carriage has been made in a Member State , or
- the place of departure or destination or both, according to the contract of carriage, are in a Member State.
It covers liability of the carrier in respect of passengers, their luggage and their vehicles, as well as mobility equipment, in the event of accidents.
This Regulation does not affect the right of carriers to limit their liability for accidents in accordance with the International Convention on Limitation of Liability for Maritime Claims of 1976, as amended by the 1996 Protocol in its up to date form.
Accidents under the Regulation include both 'shipping'3 and 'non-shipping' incidents in the course of the carriage.
RIGHTS OF PASSENGERS
Right to compensation for death or personal injury
Shipping incident: the passenger has a right to compensation from the carrier or the carrier's insurance provider of up to 250.000 SDR4 in any event, with the exception of circumstances beyond the carrier's control (i.e. act of war, natural disaster, act of a third party). Compensation can go up to 400.000 SDR unless the carrier proves that the incident occurred without his fault or neglect.
Non-shipping incident: the passenger has a right to compensation from the carrier or the carrier's insurance provider of up to 400.000 SDR, if he/she proves that the incident was the result of the carrier's fault or neglect.
Right to compensation for loss of or damage to cabin luggage
Shipping incident: the passenger has a right to compensation from the carrier of up to 2.250 SDR, unless the carrier proves that the incident occurred without his fault or neglect.
Non-shipping incident: the passenger has a right to compensation from the carrier of up to 2.250 SDR, if he/she proves that the incident was the result of the carrier's fault or neglect.
Right to compensation for loss of or damage to luggage other than cabin luggage
The passenger has a right to compensation from the carrier of up to 12.700 SDR (vehicles, including luggage carried in or on the vehicle) or 3.375 SDR (other luggage), unless the carrier proves that the incident occurred without his fault or neglect.
Right to compensation for loss of or damage to valuables
The passenger has a right to compensation from the carrier of up to 3.375 SDR for the loss of or damage to monies, negotiable securities, gold, silverware, jewellery, ornaments and works of art, only when these have been deposited with the carrier for the agreed purpose of safe-keeping.
Right of a passenger with reduced mobility to compensation for loss of or damage to mobility equipment or other specific equipment
Shipping incident: the passenger has a right to compensation from the carrier corresponding to the replacement value or the repair costs of the equipment concerned, unless the carrier proves that the incident occurred without his fault or neglect.
Non-shipping incident: the passenger has a right to compensation from the carrier corresponding to the replacement value or the repair costs of the equipment concerned, if he/she proves that the incident was the result of the carrier's fault or neglect.
Right to an advance payment in the event of a shipping incident
In case of death or personal injury, the passenger or other person entitled to damages has a right to an advance payment to cover immediate economic needs. The payment shall be calculated on the basis of the damage suffered, shall be made within 15 days and shall not be less than 21.000 EUR in the event of death.
ELEMENTS OF PROCEDURE & OTHER MATTERS
In case of damage to cabin or other luggage, the passenger must give timely5 written notice to the carrier. Failure to do so will result in the passenger losing his/her right to compensation.
Time limits for exercise of the passenger's rights
In general, any action for damages before a competent court must be introduced within a period of 2 years. The starting point of this limitation period may differ depending on the nature of the loss.
Exemptions concerning liability
Liability of the carrier can be reduced if he proves that the death of or personal injury to a passenger or the loss of or damage to his luggage was caused or contributed to by the fault or neglect of the passenger.
The limits on the different amounts for compensation will not apply if it is proved that the damage resulted from an act of the carrier, or a servant or agent of the carrier or of the performing carrier, done with the intent to cause such damage or with knowledge that such damage would probably result.
1) Summary drafted in accordance with article 7 of Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 (OJ L 131, 28.5.2009, p. 24) on the liability of carriers of passengers by sea in the event of accidents.
2) The Regulation will become applicable to EEA States in accordance with the Decision of the EEA Joint Committee No 17/2011 (OJ L 171, 30.6.2011, p. 15) following the relevant notifications by EEA States concerned.
3) 'Shipping incident' for the purposes of this Regulation include: shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship or defect in the ship. All other incidents in the course of the carriage for the purposes of this summary are 'non-shipping' incidents.
4) Loss or damage suffered as a result of an accident are calculated on the basis of "units of account", which are "Special Drawing Rights"(SDR) for Member States parties to the International Monetary Fund (all EU Member States). Information and conversion rates for SDR can be found on: http://www.imf.org/external/np/exr/facts/sdr.htm. On 26 November 2012 1 SDR = 1.18 EUR.
5) In cases of apparent damage, written notice must be given before or at disembarkation for cabin luggage, and before or at re-delivery for other luggage. In cases of non-apparent damage to or loss of luggage, written notice must be given within 15 days from disembarkation or re-delivery (or scheduled re-delivery in the event of loss).
Summary of provisions concerning the rights of passengers when travelling by sea and inland waterway1
Regulation (EU) No 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway becomes applicable on 18 December 2012.
It provides for a minimum set of rights for passengers travelling
- on passenger services where the port of embarkation is situated in a Member State,
- on passenger services operated by Union carriers from a port situated in a third country to a port situated in a Member State and
- on a cruise where the port of embarkation is situated in a Member State2
The Regulation does however, not apply to certain categories of waterborne transport services3
Regulation (EU) No 1177/2010 does not preclude passengers from claiming damages before national courts in accordance with national law in respect of individualised damages resulting from cancellation or delay of transport services.
Right to information
All passengers travelling by sea or inland waterways have the right to adequate information throughout their travel. That right includes the right to be informed on passenger rights and contact details of the national enforcement bodies, and on the conditions of access to transport for disabled persons and persons with reduced mobility.
In the event of cancellation or delay in departure, passengers have the right to be informed of the delay or cancellation by the carrier or terminal operator no later than 30 minutes after the scheduled time of departure and of the estimated departure and arrival time as soon as that information becomes available.
Right to non-discriminatory contract conditions
All persons have the right not to be discriminated directly or indirectly based on their nationality or the place of the establishment of the carrier or ticket vendor within the Union when purchasing tickets of waterborne passenger transport services and cruises.
Right to care and assistance
In case of delay of more than 90 minutes or cancellation of a passenger service or cruise, and where reasonably possible, passengers shall be offered free of charge snacks, meals or refreshments in reasonable relation to the waiting time.
Where the delay or cancellation of a departure necessitates one or more additional nights of stay for the passenger, he or she shall be offered adequate accommodation free of charge on board or ashore by the carrier and transport to and from the port terminal to the place of accommodation. Where a carrier proves that the cancellation or delay is caused by weather conditions endangering the safe operation of the ship, he is relieved of the obligation to offer free accommodation.
The passenger is not entitled to assistance by the carrier, if he or she was informed of the cancellation or delay before the purchase of the ticket or where the cancellation or delay is caused by the fault of the passenger.
Right to re-routing and reimbursement in case of cancellation or delay of departure
In case of a delay of more than 90 minutes as compared to the scheduled time of departure or cancellation of a passenger service, passengers have a right to choose between
- re-routing to the final destination at no additional cost at the earliest opportunity under comparable conditions
- reimbursement of the ticket price combined, where relevant, with a free of charge return service at the earliest opportunity to the first point of departure set out in the transport contract.
Right to request partial compensation of the ticket price in case of delay in arrival to the final destination
Passengers may request the compensation of 25% of the ticket price from the carrier, where the delay in arrival to the final destination exceeds
- 1 hour in case of a scheduled journey of up to 4 hours;
- 2 hours in case of a scheduled journey of more than 4 hours, but not exceeding 8 hours;
- 3 hours in case of a scheduled journey of more than 8 hours, but not exceeding 24 hours; or
- 6 hours in case of a scheduled journey of more than 24 hours.
Passengers may request the compensation of 50% of the ticket price from the carrier, where the delay in arrival to the final destination exceeds
- 2 hours in case of a scheduled journey of up to 4 hours;
- 4 hours in case of a scheduled journey of more than 4 hours, but not exceeding 8 hours;
- 6 hours in case of a scheduled journey of more than 8 hours, but not exceeding 24 hours; or
- 12 hours in case of a schedule journey of more than 24 hours.
The carrier is however relieved of the obligation to pay compensation to passengers in case of delay in arrival, if he proves that the delay resulted from weather conditions endangering the safe operation of the ship or from extraordinary circumstances hindering the performance of a passenger service which could not have been reasonably avoided.
Rights of disabled passengers and passengers with reduced mobility: besides the general passenger rights, disabled persons and persons with reduced mobility have the following rights when travelling by waterborne transport so as to provide them with a right to transport on an equal footing with other passengers:
(a) right to access to transport for disabled persons and persons with reduced mobility without any discrimination
Carriers, travel agents and tour operators may not refuse to accept a reservation, to provide a ticket or to embark persons on the grounds of their disability or reduced mobility.
Where it is not possible to carry a disabled person or a person with reduced mobility on board a ship for safety reasons or due to the impossibility of embarkation resulting from the design of the ship or port infrastructure and equipment, carriers, travel agents and tour operators have to make all reasonable efforts to propose the person concerned an acceptable alternative transport. Disabled persons and persons with reduced mobility who hold a reservation, who have notified the carrier of their specific needs but are still denied boarding may choose between reimbursement and re-routing, the latter being conditional on the fulfilment of safety requirements.
Carriers, travel agents or tour operators may not ask disabled persons or persons with reduced mobility to pay a higher cost for reservations or tickets. Tickets and reservations shall be offered to the disabled persons or persons with reduced mobility under the same conditions as to other passengers.
The carriers and terminal operators shall have in place non-discriminatory access conditions for the transport of disabled persons, persons with reduced mobility and accompanying persons.
(b) right to special assistance
Disabled persons and persons with reduced mobility have the right to free of charge assistance by carriers and terminal operators in ports and on board ships, including with embarkation and disembarkation.
Disabled persons and persons with reduced mobility have to notify the carrier at the time of reservation or advance purchase of the ticket of their specific needs regarding accommodation, seating, required services or their need to bring medical equipment. For any other assistance the disabled persons and persons with reduced mobility need to notify the carrier or terminal operator at least 48 hours in advance and have to present themselves at an agreed time ahead of the published embarkation time at a designated point.
(c) right to compensation for loss of or damage to mobility equipment
Where a carrier or terminal operator has caused loss or damaged of mobility equipment or other specific equipment used by a disabled person or a person with reduced mobility due to his neglect or fault, he has to pay the disabled person or the person with reduced mobility a compensation corresponding to the replacement value of the equipment concerned or, where it is possible to repair that equipment, the costs relating to repairs.
Right to submit complaints to the carriers and national enforcement bodies (NEBs)
Passengers may submit complaints to the carriers and terminal operators within two months from the date on which the service was performed or when it should have been performed.
The carrier or terminal operator has to have a complaint handling system in place. Within that framework he has to notify the passenger within 1 month of receipt of the complaint whether he considers the complaint to be substantiated, rejected or still considered. The carrier or terminal operator has to provide the passenger with a final reply within 2 months of receipt of the complaint.
Passengers may submit complaints about alleged infringements of Regulation (EU) No 1177/2010 to national enforcement bodies.
Enforcement of passenger rights by NEBs and comparable mechanisms
Within Member States the designated national enforcement bodies shall enforce the rights and obligations set out in Regulation (EU) No 1177/2010 as regards passenger services and cruises from ports situated on the territory of that Member State and passenger services from a third country to such ports.
Where a Member State has decided to exempt passenger transport services covered by public service contracts or integrated services from the scope of application of the Regulation, it will need to ensure that a comparable mechanism of enforcement of passenger rights has been put in place.
1) Summary drafted in accordance with Article 23(2) of Regulation (EU) No 1177/2010. This summary has no legal value.
2) Cruise passengers have no right to re-routing and reimbursement in case of cancelled or delayed departures and no right to compensation of the ticket price in case of delay in arrival.
3) Ships certified to carry up to 12 passengers, ships which have a crew responsible for the operation of the ship composed of not more than three persons, passenger services of less than 500 metres one way, excursion and sightseeing tours other than cruises and ships not propelled by mechanical means as well as original and individual replicas of historical passenger ships designed before 1965, built predominantly with the original materials certified to carry up to 36 passengers, are excluded.
In addition, Member States may decide not to apply the Regulation provided that the rights of passengers are adequately ensured under national law to seagoing ships of less than 300 gross tons operated in domestic transport until 17 December 2014 and for an indefinite period of time to passenger services covered by public service obligations, public service contracts or integrated services.
CONDITIONS OF NON-DISCRIMINATING ACCESS OF DISABLED PERSONS AND PERSONS WITH LIMITED MOBILITY AND ACCOMPANYING PERSONS TO SEA-GOING FERRIES
Valid from 1/01/2015 until the day of making amendments
1. These Conditions of non-discriminating access [hereinafter referred to as ‘the Access conditions’] form an integral part of the General Terms and Conditions of Carriage of Passengers and their Luggage by Sea [hereinafter referred to as 'the Conditions'] issued by the Carriers, as well as Contracts made throughout the currency of the Access conditions.
2. The terms used throughout the Access conditions that have been defined in the Conditions, retain the meanings assigned to them therein.
3. The Access conditions are laid down to implement the provisions of Regulation (EU) of the European Parliament and of the Council of 24 November, 2010, concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No. 2006/2004 (OJ.EU.L.2010.334.1, as amended).
4. The Access conditions set out the rules of making available the services rendered by the Carrier to disabled persons and persons with reduced mobility [hereinafter referred to as 'the Disabled persons'].
5. The Carrier offers the Disabled persons services to the rules set out in the Conditions, taking the following provisions into account.
6. The Carrier shall not refuse the Disabled person a reservation or carriage due to their health condition. However, the Carrier reserves itself the right to refuse the Disabled person a reservation or carriage only in the situation where the structure of a ferry or the infrastructure of a port and its plant prevent the Disabled person from embarking or disembarking or a carriage of the Disabled person cannot be conducted in a safe manner.
7. The Disabled may make reservations in person at the Carrier’s office, at Agents’ or over the phone.
8. The Carrier’s attendant who is accepting a reservation, notes down all necessary information concerning the type of assistance, the given person requires, by filling out the relevant form. If obtaining the relevant information from the Disabled person is not possible, then the Carrier shall make efforts to obtain such information from a representative of the Disabled person.
9. The Disabled person or a person who is making a reservation on their behalf, notifies the Carrier of their health condition and particular needs as regards the provision of service in the manner and by the mode as set out in the Conditions. The Disabled person or a person who is making a reservation on their behalf should be bound particularly to provide the above information to the Carrier at least 48 hours prior to a journey.
10. Despite a failure to provide the relevant information in the manner and by the mode as shown in the precedent provisions, the Carrier shall provide its all reasonable assistance to the Disabled person so that they could embark, complete their journey and disembark.
11. If the Disabled person comes with their own car to a ferry, they are bound to inform thereof a teller in the car ticket office when buying a ticket or exchanging a voucher for a ticket. The Carrier ensures the Disabled person a placement of their car on board the ship appropriate for their needs.
12. If the Disabled person is travelling as a person on foot, then the Carrier shall provide then with assistance commensurate with their needs with respect to moving on to the entrance, carrying the luggage and gear, embarking and proceeding to the cabin.
13. In the event that the Disabled person is being accompanied by an assistance dog, there shall be not any fee for the carriage of the dog. The assistance dog is assigned lodgings along with the passenger.
14. The Carrier provides the Disabled person with any and all indispensable assistance to help them embark, disembark and complete their journey by a ferry. The detailed scope of the assistance to the Disabled persons as rendered by the Carrier is governed by the Assistance Quality Standards for Disabled Persons and Persons with Reduced Mobility promulgated by the Carrier.
ASSISTANCE QUALITY STANDARDS FOR DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY
Valid from 1/06/2016 until the day of making amendments
1. Scope of application. General provisions.
1.1. These Assistance Quality Standards for Disabled Persons and Persons with Reduced Mobility [hereinafter referred to as ‘the Standards’] represent an integral part of the General Terms and Conditions of Carriage of Passengers and their Luggage by Sea [hereinafter referred to as 'the Conditions'], as well as Contracts made throughout the currency of the Standards.
1.2. The terms used throughout the Standards that have been defined in the Conditions, retain the meanings assigned to them therein.
1.3. The Standards are laid down to implement the provisions of Regulation (EU) of the European Parliament and of the Council of 24 November, 2010, concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No. 2006/2004 (OJ.EU.L.2010.334.1, as amended).
1.4. The Standards determine the scope of minimal assistance provided by the Carrier to disabled persons and persons with reduced mobility [hereinafter referred to as ‘the Disabled persons’] on board the Carrier’s vessel during a journey, including embarking and disembarking.
1.5. The Carrier offers the Disabled persons services to the rules set out in the Conditions, taking the following provisions into account.
1.6. The Disabled person or a person who is making a reservation on their behalf, notifies the Carrier of their health condition and particular needs as regards the provision of service in the manner and by the mode as set out in the Conditions. The Disabled person or a person who is making a reservation on their behalf should be bound particularly to provide the above information to the Carrier at least 48 hours prior to a journey.
1.7. The Carrier does not permit any discrimination whatsoever at any stage of a journey.
1.8. The Carrier shall not charge the Disabled person with extra fees for the assistance provided.
2. Assistance with respect to embarking and disembarking
2.1. Upon arriving at a port terminal, the Disabled person notifies the Carrier of their arrival at the ticket office in the premises of the port terminal.
2.2. If the Disabled person is travelling as a passenger on foot, the Carrier ensures the presence of a person out of the crew of the ferry, who shall provide the Disabled person with any indispensable assistance while moving on to the entrance, carrying Luggage and the Disabled person's gear, boarding the ferry and reaching the cabin. A person out of the crew of the ferry provides analogic assistance to the Disabled person when disembarking.
2.3. If the Disabled person comes with their own car to a ferry, they inform thereof a teller in the car ticket office when buying a ticket or exchanging a voucher for a ticket. 2.4. On receipt of the information, as referred to in the precedent subparagraph, the Carrier shall make sure the Disabled person’s car is placed on board commensurately with their needs, in particular having regard to the distance to a lift and the duration of the journey in question. On placing the car on board, a person out of the crew of the ferry renders the assistance, as required and agreed with the Disabled person, to the latter as regards carrying the Luggage, help to reach a lift and reach the reception desk and cabin.
2.5. The assistance as rendered by the crew of a ferry, set out in the precedent provisions, does not include lifting and carrying the Disabled person around.
2.6. During embarking or disembarking, the Carrier provides with Disabled persons with access to gear necessary for them to move on, particularly, to lifts, wheelchairs or escalators.
2.7. In case of damage to or loss of gear facilitating the Disabled person to move around, the Carrier shall temporarily make alternative gear to them.
2.8. If, on embarking or disembarking, the Disabled person is being assisted to an accompanying person, the crew of a ferry of the Carrier enables the accompanying person to embark and render relevant assistance.
2.9. Information, as indispensable for the Disabled person, concerning their embarkation and disembarkation, are made available by the Carrier on the website and as an announcement at the ticket office in the premises of the port terminal. Any indispensable information shall also be given verbally by the crew of a ferry.
3. Assistance on board.
3.1. In the course of a journey, the crew of a ferry provides to the Disabled person any possible assistance as regards their functioning on board and, in particular, provides assistance to them when moving to their cabin and, upon request, within the accommodation space (toilets, restaurants, cafeterias, shops, casinos, bars, etc.).
3.2. All service providers and sales outlets along with restaurants and other services as offered on board a ferry are accessible to the Disabled persons.
3.3. The Carrier provides the Disabled person with a cabin adapted to their needs, subject to constraints arising from availability. The cabins designed for the Disabled persons are located possibly closest to lifts and the reception desk, as well as fitted with relevant signalling for the Disabled persons.
3.4. If, during a journey, the Disabled person is being assisted by an accompanying person, then the Carrier ensures joint accommodation in a cabin or in cabins located as close to each other as possible.
3.5. All material information relating to the routing is made available by the Carrier at the ticket office in the premises of a port terminal or at the reception desk on board. All material information shall also be communicated by the crew of a ferry.
3.6. As requested by the Disabled person, the Carrier keeps their Luggage in the luggage locker.
3.7. The Carrier allows carriage of medical equipment and gear necessary for the Disabled person to move around. The Carrier’s personnel shall also provide the Disabled person with assistance regarding the storage and operation of devices necessary for moving, including wheelchairs with electric drive.
3.8. If the Disabled person is making use of an assistance dog, the dog is to be assigned lodgings together with the Disabled person without extra fees. On board a ferry the Carrier provides open spaces designed for walking dogs. If needed, a person out of the crew of a ferry shall provide necessary aid in taking care of a dog.
3.9. In emergency or should evacuation be necessary, the crew of a ferry shall first provide assistance to the Disabled persons. The assistance relates to both putting on a life jacket and all the stages of evacuation.
4. Standards of assistance to the Disabled persons
4.1. The Standards govern a minimal scope of the assistance, the Carrier undertakes to provide to the Disabled persons. However, the Carrier shall take measures aimed to continually raise the standards of the subject assistance.
4.2. The Carrier runs regular assessments of the assistance rendered to the Disabled persons to monitor the observance of the standards of the provision of services and keep improving the standards. The above assessment is done, in particular, by:
1) Registering the Disabled persons;
2) Registering complaints filed with regard to the attendance to the Disabled persons; 3) Standing liaison with institutions that handle matters of the Disabled persons;
4) The Client’s satisfaction surveys.
4.3. To ensure best possible service and assistance to the Disabled persons, the Carrier runs interim trainings for the personnel with respect to catering for needs of people with diverse types of disability or impaired mobility, equal treatment and disability awareness. All personnel who liaise with the passenger in the course of making a reservation, ticket sales processes and the personnel of the ferries undergo the above trainings.
4.4. Any comments and complaints relating to the services as provided , including the assistance rendered to the Disabled persons, should be sent to the email address of the Carrier, i.e. email@example.com.
4.5. With reference to Regulation No. 1177/2010, the authority competent to receive the complaints against the business of the Carrier is the Maritime Office in Szczecin or the Swedish Consumer Agency, Karlstad (depending on the country, where a journey has been commenced).
POLICY CONCERNING PROTECTION OF PERSONAL DATA OF COUNTERPARTIES
UNITY LINE LIMITED SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ ODDZIAŁ W POLSCE [BRANCH IN POLAND OF A LIMITED LIABILITY COMPANY]
with its registered office in Szczecin
1. This policy concerning protection of data of counterparties (hereinafter: the “Policy”) sets out the rules of processing – by Unity Line Limited Sp. z o.o. Oddział w Polsce with its registered office in Szczecin, Plac Rodła 8, 70-419 Szczecin (hereinafter: the “Administrator”) – of personal data belonging to:
a. natural persons being the Administrator’s counterparties or intending to undertake cooperation with the Administrator as part of the business activity they operate;
b. natural persons being employees of the Administrator’s counterparties (regardless of the form of employment) who have been designated by such a counterparty as persons responsible for cooperation with the Administrator or for its establishment;
– hereinafter jointly referred to as the “Representatives”.
2. This Policy concerns personal data collected by the Administrator (or on their behalf) both from the Representative’s employer and directly from the Representative (hereinafter: the “Personal Data”).
3. This Policy fulfils the obligation referred to in Articles 13 and 14 of the 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 Data Protection Regulation), hereinafter referred to as the “GDPR”.
4. From the moment the Personal Data are obtained, the Administrator takes on the function of an administrator of personal data of the Representatives within the meaning of the GDPR. Contact details of the Administrator are as follows: Unity Line Limited Sp. z o.o. Oddział w Polsce with its registered office in Szczecin, Plac Rodła 8, 70-419 Szczecin, phone: 91/3595695, e-mail: firstname.lastname@example.org. Contact details of the Data Protection Officer: e-mail: email@example.com.
5. The Administrator can process the following data of the Representatives: first name, last name, workplace, official position, contact details (correspondence address, telephone number, e-mail address, social network accounts), year of birth, nationality, sex.
6. The basis for processing of data of the Representatives is a legitimate interest of the Administrator – the ability to establish and continue cooperation or contact with the counterparty through the Representative (Article 6.1(f) of the GDPR).
7. The Personal Data of the Representatives will be processed until the definitive end of cooperation between the Administrator and the counterparty. The Personal Data can be deleted at an earlier date – in the event that the Administrator receives an objection to processing by the Representative, but also in the event when the Administrator determines that they do not need them any more to achieve their legitimate goal (contact with the counterparty).
8. The Personal Data will not be deleted by the Administrator on the date resulting from the preceding item if their storage results from the applicable legal regulations or is necessary to make settlements or pursue claims as part of the activity of the counterparty and their Representative.
9. The Personal Data can be made available by the Administrator to entities that provide services for the Administrator (including external IT/courier/HR/accounting companies and those dealing with counterparties). The Personal Data can also be provided to other interested entities (also independent of the Administrator) if the Representative has made them available in such a form which clearly shows that they wanted third parties to contact them in business matters.
10. Each Representative has the right to:
- obtain information on the processing of the Personal Data, including on the categories of the processed Personal Data and data recipients;
- request correction of the incorrect Personal Data or complement the incomplete Personal Data;
- request deletion or limitation of processing of the Personal Data whereby such a request will be fulfilled if the legal requirements regarding such a request are satisfied;
- submit an objection – in the case of data processing on the basis of a legitimate interest of the Administrator (Article 6.1(f) of the GDPR);
- transfer the Personal Data – by receiving data from the Administrator in a format that makes it possible to provide them to a selected third party;
- lodge a complaint to a supervisory authority, i.e. Director of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warszawa – in the case it is concluded that the Personal Data are processed contrary to the law.
11. Any requests, questions and demands related to the processing of the Personal Data should be sent to the following e-mail address: firstname.lastname@example.org.
12. Each of the Administrator’s counterparties shall inform the Representative they employ about the content of the Policy.
13. This Policy comes into force on 25 May 2018.