General Terms of Carriage (GTC)

Status: 1st Febrauary 2021

These General Terms of Carriage (hereinafter  "GTC") apply to all regular transports carried out by Reederei Hiddensee GmbH (hereinafter "carrier") and – if marked - to special tours of the carrier. With conclusion of the contract these GTC become subject matter of the carriage contract; the passenger recognises them as legally binding.

1. The carriage transport is concluded via booking by the passenger and submission of the booking confirmation by the carrier, in any case at the latest with the issuende of the ticket. The same applies to the online booking process.
    
2. The passenger is only entitled to the passage specified on the ticket. If passengers need to be excluded from the carriage due to insufficient space, paid for ticket fares will be reimbursed insofar the carrier cannot offer a suitable transport alternative. Further claims by the passenger are considered invalid.
    
3. If the ticket is used on a passage other than the one designated, carriage is only provided if capacity is sufficient. This also applies to tickets without date and time of departure. The duration of ticket validity is governed by the General Tariff Regulations (hereinafter GTR). The contract of carriage does not include a right to an assigned seat.
    
4. Fares must be paid before the passage. The fare is due with the conclusion of the contract pursuant to number 1. The passenger tariffs and further tariff conditions in force are disclosed on the website of the carrierer as well as its places of business in the form of  General Tariff Regulations (hereinafter "GTR").In addition to payment in cash or by voucher/ giftcard at the immediate place of departure, the passenger also has the option of paying by credit card when booking online. There is no entitlement to card payment in the places of business. The passenger assures the sufficient coverage of the account. Any costs that occur due to non-redemption or chargeback shall be borne by the passenger unless the non-redemption or chargeback is caused by the carrier.
    
5. When claiming any fare reductions the eligibility has to be proven on completion of the ticket purchase at the ticket counter. A combination of different reductions is not possible.
    
6. For the dispatch of tickets by mail a postage and handling fee will be charged in the amount of € 4,00 (four Euro) for every order processed. The dispatch of Online-tickets by e-mail is free of charge.
    
7. The reimbursement of fares as well as payments for compensation will always be occasioned towards the method of payment that has been stated on the booking. The minimum threshold for reimbursements accounts for € 6,00 (six Euro).

1. Tickets are only transferable in accordance with the GTC.
    
2. Upon receiving the booking confirmations and tickets must be checked for correctness. The carrier must be informed immediately of any deviations in order to make the necessary corrections. If no complaint occurs the carrier may assume that the documents have been correctly issued.
    
3. The passenger is obligated to show the ticket to the carrier or its employees upon request at any time. Ticket stubs may only be severed and validated by the carrier’s authorised representative.  Damaged or lost tickets lose their validity.This also applies to tickets with QR or bar codes, where the code is no longer legible due to the passenger's fault.

1. Rebooking of date or time of regular transports can be made up to 2 hours prior to departure by stating the booking number. To special journeys § 11 applies.
    
2.  A rebooking fee of € 5.00 (five Euro) may be charged for rebookings made 6 days or less before departure.
    
3. The Passenger is entitled to cancel the carriage contract at any time prior to departure. In case the passenger withdraws from the carriage contract, the carrier is entitled to claim a lump-sum compensation according to the following chart:
    

   Up to seven (7) days before departure	Free of  charge
   Six (6) to three (3) days before departure	50% of the ticket fare
   Up to two (2) days before departure	75% of the ticket fare
   Less than two (2) days before departure and until departure	90 % of the ticket fare
   In case of no-show	100 % of the ticket fare

   
   The passenger is entitled to prove that the damage to the carrier is lower or non-existent compared to the lump-sum compensation. Rebooking to avoid cancellation fees are invalid. In case of cancellation after rebooking, the shortest period between the date of travel and the date of rebooking shall be used as the basis for calculation.
4. The carrier reserves the right to withdraw from the contract in the following cases:
   • Cases of force majeure and synonymous events (e.g. weather conditions, epidemics, pandemics, failure of port facilities, strikes, maritime accidents and similar events). These lead to the contract termination with the waiver of assertion of mutual claims of damages; the obligation to pay the ticket fare is not applicable and any payments already made will be refunded.
      
   • In cases of special tours pursuant to § 12, especially in cases where the minimum number of participants is not reached. The withdrawal by the carrier leads to the contract’s termination with the waiver of claims for mutual compensation; the obligation to pay the ticket fare is not applicable and any payments already made will be refunded.

In case a passenger is found without a valid ticket a contract penalty in the amount of € 60.00 (sixty euros) is to be paid in accordance with § 9 BefBedV. The same applies when claiming ticket fare reductions the passenger does not fulfill. The regulations of sentence 1 and 2 do not apply when the acquisition of a ticket or the verification of discount entitlement were omitted due to reasons beyond the passenger’s control. The increased ticket fare is reduced to an amount of € 7,00 (seven euro), if the passenger is able to present a valid ticket within a week of the determination date that has been purchased at any of the carrier’s points of sale prior to departure.

1. The carrier is obligated to carry out the transport with a ship that meets the statutory safety provisions.
    
2. In the event of changes to the schedule, the passenger shall be carried on the next departure with free capacity.

1. The passenger is obligated to follow all orders by the ship management or any representative that is authorised by the carrier.
    
2. The passenger is prohibited to soil or damage any cabins, equipment or items of the ship as well as misuse or damage safety devices, or throw any type of objects over board.
    
3. The passenger is responsible to arrive at the check-in at least 30 minutes prior to departure according to the time schedule.
   Travel groups are requested to announce themselves 30 minutes prior to departure to the carrier’s local offices or directly on board. If a passenger does not adhere to the scheduled times the carrier is not obliged to carry out the transport.
    
4. The passenger has to stow, store and supervise any carry-on luggage by themselves on board of the ship. Additionally, § 8 as well as the GTR apply for the transport of luggage.
    
5. In general, cigarette smoking is prohibited on all ships of the carrier. The passenger is obligated to only smoke in the areas on the outer deck that are designated for smoking. The same applies to electric cigarettes and similar surrogates.
    
6. Up until departure the passenger is independently of § 6 (2) also obligated to inform himself about possible cancellations or delays through the channels the carrier provides (www.reederei-hiddensee.de, by telephone +49 3831 26810) and by checking the e-mails to the email address (including spam-filters) stated upon booking up until departure.
    
7. The passenger is liable towards the carrier for any damages caused by them.

1. The carrier is only obliged to carry the passenger and his conventional hand luggage. The permitted size for this is up to 45cm x 30cm x 17cm; the permitted weight is up to 8kg. Luggage which is severly soiled or can injure, obstruct, harass or cause damage to other passengers is excluded from carriage. In cases of doubt, the ship management decides. Luggage may only be placed in the designated places and not in the aisles and emergency escape routes or seats. In all other respects § 7 (1) applies.
    
2. All types of luggage which are not normal hand luggage within the meaning of number 1 shall only be carried in accordance with the GTR valid at the time.
    
3. The following items and substances are prohibited on board of the ships: Weapons, flammable, combustible, caustic, toxic, explosive or pungent smelling items and/or substances. Furthermore illegal objects/substances and objects/substances that are able to harass other passengers and/or are prohibited to own or transport are prohibited on board. Insofar passengers cannot immediately account for the harmlessness of an object/Item § 10 (1) applies. If such objects/substances are only detected during the transport the ship management is allowed to take them into possession, store and disembark them in the nearest port at the expense of the passenger.

The carrier reserves the right to exclude animals from transport, especially due to following reasons:

• potential threats to the safety of people or the ship,
• harassment of other passenger by the animal,
• if the owner of the pet neglects his/her duty to supervise it.

Additionally pets are not allowed to be seated on seats. Dogs must be kept on a leash and be muzzled if instructed to do so by the staff or if required by law.

1. Persons that pose a danger for the safety and order for the operation or for other persons, may be excluded from transport. This applies especially to:

• passengers who are under the influence of alcoholic beverages or other intoxicating substances,
• passengers who are unfit to travel due to contagious diseases, without withdrawing from the transport prior to departure,
• passengers that do not attend their duties pursuant to clauses 7-9 (even after order from ship management)

1. Children before the age of 6 may be excluded from carriage unless they are accompanied on the entire journey by a person aged 16 or older.
2. Persons who, due to personal circumstances, are dependent on an accompanying adult but are travelling unaccompanied.
3. If a person is excluded due to the aforementioned reasons they hold no right to refund already paid fares. Any further compensation for damages is excluded.

1. Special tours are all carriages that are marked and advertised as such. A minimun number of attendence is necessary. The carrier reserves the right to withdraw from the contract if the minimum attendence is not reached, see § 4 item 3b of these GTC.
    
2. Only § 1, § 2 (1), (2), (4), (6), (7), § 3 (2), (3), § 4  (4), § 5, § 6 (1), § 7, § 8, § 10, § 11, § 13, § 14 and § 16 apply to special tours.
    
3. The passenger is not entitled to cancel, return, rebook or transfer tickets for special tours. Furthermore, there is no right of cancellation.
    
4. The carrier is not obligated to transport pets (animals).

1. Vehicles are only transported in accordance with the applicable tariff against payment of  fare. The applicable tariffs are published on the carrier's website and on notice boards at the carrier's offices and points of sale.
    
2. When loading vehicles, the carrier must be notified of the availability for loading at least 20 (twenty) minutes before departure. The parking space on board is assigned by the ship's personnel and the passenger must folllow the instructions. The passenger is responsible for the proper positioning and safety of the vehicle. If the passenger uses the services of an employee of the carrier to fulfil their own obligations, this assistance is provided purely as a gesture of goodwill. The passenger is liable for this assistant, who shall be deemed to be solely the passenger's/motor vehicle owner's vicarious agent. Motorbikes and bicycles must be adequately secured by the passenger against falling over.
    
3. Dangerous objects as defined in § 8 (2) of the General Terms of Carriage are also excluded from carriage if they remain in the vehicle during (part of) the journey.

1. The carrier’s liability for personal, luggage or default damages is limited on the bases set out in sections 541 and 542 of the German Commercial Code (HGB) as well as Article 3 of the Regulation (EC) No 392/2009 of 23 April 2009 in connection with the Regulations of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (as amended by the Protocol of 2002).
    
2. Any claims the passenger makes for compensation are excluded. Exceptions are the passenger’s compensation claims due to injury of life, bodily injury, injury to health or breach of essential contractual obligations (cardinal obligations) as well as the liability for any other damages caused by any intentional or grossly negligent breach of duty by the carrier, the carrier’s legal representative or the carrier’s agent. Essential contractual obligations are those having to be performed in order to attain the contractual purpose in the first place. In case of a breach of essential contractual obligations the carrier’s liability (as well as the liability of the carrier’s legal representative or agent) for damages due to slight negligence is limited to the foreseeable and typically occurring damages.
    
3. Any reimbursements for third-party services will be provided exclusively in accordance with legal regulations and these GTC and only upon receipt of appropriate original documents.

1. Section 549 HGB and Article 3 of the Regulation (EC) No 392/2009 of 23 April 2009 in connection with the Regulations of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (as amended by the Protocol of 2002) apply to the notice of damage.
    
2. In derogation to these general regulations a written notification by the passenger is not required, if the condition of the luggage has been jointly evaluated by the Passenger and the carrier or authorised representative and a jointly signed report has been drawn up on the matter.

1. The Carrier is willing to partake in Alternative Dispute Resolution by the following consumer arbitration board: Schlichtungsstelle Reise & Verkehr, Fasanenstraße 81, 10623 Berlin (http://schlichtung-reise-und-verkehr.de).
    
2. The European Commission has set up a platform for online dispute resolution, which can be accessed via the following link: ec.europa.eu/consumers/odr.

1. All contracts between the carrier and the passenger are subject to German law in so far as it is not precluded by any mandatory law.
    
2. Place of fulfillment for the contractual relationship is Stralsund.
    
3. Stralsund shall be sole court of jurisdiction in case of disputes arising out of the contract, in so far as the law does not require proceedings be opened in another jurisdiction.

Status: 1st February 2021