GENERAL TERMS AND CONDITIONS FOR TRAVEL
Service Provider
Eckerö Line Ab Oy (business ID 0967682-4)
Tyynenmerenkatu 14 00220 Helsinki
E-mail address: info@eckeroline.fi
Telephone: +35892288544
2 Applicable Terms and Conditions
2.1 These general terms and conditions for travel apply to trips purchased from the service pro-vider after 1 July 2018 regardless of the type of travel.
2.2 Depending on the type of travel, one of the following special terms and conditions can be applied to the trip whereby the applicable special terms and conditions take precedence if there is a discrepancy between the special terms and conditions and these general terms and conditions:
(i) special terms and conditions for route and cruise trips;
(ii) special terms and conditions for package travel; or
(iii) special terms and conditions for conference and group trips.
2.3 In addition, potential additional or campaign-specific terms and conditions can be applied as indicated in conjunction with the booking process.
2.4 If the English text of these general terms and conditions for travel or the special terms and conditions are contradictory to the Finnish text of the general terms and conditions for trav-el or the special terms and conditions, the Finnish text will be followed.
2.5 Unless otherwise provided for in the applicable special terms and conditions, an agreement under the applicable terms and conditions becomes binding once the service provider con-firms the booking of the trip.
3 Booking
3.1 The traveller must book their trip in advance. Please visit our website for further infor-mation on booking a trip and on accepted payment methods.
3.2 The travel booking and the related ticket (confirmation) are only valid for the departure(s) shown on the confirmation. If the traveller wishes to change their departure, they must cancel their booking and make a new booking to receive a new confirmation. Prices in force at the time of the rebooking will be applied to the rebooking. The service provider is not responsible for lost travel cards. A separate fee may be charged for printing a new travel card.
3.3 To enable travel booking, the traveller must provide certain mandatory information in con-nection with the booking. The traveller must always provide the service provider with con-tact details where they may be contacted before and during the trip. The traveller is liable for any additional costs or delays that arise due to the information provided by the traveller being incorrect or incomplete (e.g. if the traveller cannot be informed of unexpected chang-es in the timetable due to lacking mobile phone number). The forms of data processing are described in more detail in the service provider’s privacy policy.
3.4 A representative of a traveller group must provide their group with all the information and documents required for the trip and the service provider with all necessary information and documents concerning the travellers. The service provider is deemed to have satisfied their duty to provide information by making the information concerning the trip available to the group’s representative and do not need to provide the information to each individual travel-ler separately.
3.5 A representative of a traveller group can make changes to the group’s bookings alone or to-gether with the individual traveller requesting the changes.
3.6 The traveller or the representative of a traveller group is responsible for the accuracy of the information they provide to the organiser, such as the timing of the trip, the name/s, date/s of birth and other personal details of the traveller/s or any special requirements, and for providing the information on time. The service provider cannot be held liable for any losses resulting from inaccurate or incomplete information having been provided by the traveller or the representative of a traveller group.
4 Prices and Fees; Ticket Delivery
4.1 Unless otherwise stated, the prices indicated on the website and price lists apply to trips purchased directly from the service provider. The service provider reserves the right to change their prices and departure timetables. The service provider cannot be held liable to-wards the customer for any additional costs from changes, if such changes are caused by weather conditions or other events of force majeure events set out in Section 16.7.
4.2 Only one discount, campaign offer or similar reduction can be used for a trip per traveller.
4.3 The total price of the trip must be paid by the due date given by the service provider or by another agreed due date. Provided that they pay for the trip, the traveller is entitled to re-ceive their documents relating to their trip well in advance of the trip.
4.4 If an invoice is the agreed method of payment and the invoice has not been paid by the due date, the service provider is entitled to cancel the trip without prior notification. The service provider will charge a separate fee for tickets paid at check-in. Trips booked online must be paid in full when making the booking.
4.5 The service provider has the right to terminate a traveller’s contract if the traveller fails to pay for all or part of their trip by the agreed due date provided that the traveller has been given a reasonable time for payment. The document in which the due date is specified must explain the service provider’s right to terminate the contract on the grounds of non-payment.
4.6 If the traveller has the right to transfer the booking to another person, for example, under the applicable special terms and conditions, the service provider can charge the costs and of-fice expenses caused by the transfer. Liability for the costs of the trip and for the compensa-tion payment to the organiser will be shared between the original traveller and the person travelling instead.
4.7 For special-price trips may different cancellation and rebooking terms apply. Customer will be informed about special conditions when booking is made. These conditions also apply for additional services added later to the original booking.
5 Cancellation
5.1 The special terms and conditions of the travel type shall apply to the cancellation of the trip. Unless a right of cancellation is set forth in the special terms and conditions, the booking cannot be cancelled. If the traveller falls ill, their right to cancel the trip will not be broad-ened.
5.2 Travellers who fail to show up for their trip at the appointed time without cancelling or without being able to cancel their trip or who are unable to attend the trip due to missing documents for which the traveller is responsible, such as their passport, visa, proof of identi-ty or vaccination certificate, will not be entitled to a refund. If the traveller fails to show up for their outward journey as described above, the service provider can cancel the booking for the return journey.
6 Age Limits; Travelling Minors
6.1 Unless otherwise stated, all travellers must be at least 18 years of age at the beginning of the trip.
6.2 Travellers under the age of 18 may only travel accompanied by their guardian or a person over the age of 22 authorised in writing by the guardian. One supervisor is required for each group of 10 travellers under the age of 18. In addition, each group of 20 persons or more must have a supervisor who is at least 22 years of age and who has undertaken to be respon-sible for the entire group. The authorisation and supervision forms will be controlled at the check-in counter. Those unable to present a properly completed form will be denied permis-sion to board. Only the service provider’s forms with all requested information filled in are accepted. Travel authorisation form (PDF) Alone travelling young travellers travel permission (PDF) Group supervisor’s commitment form (PDF)
6.3 However, with the consent of their guardian, young persons aged 16–17 years can partici-pate in a day cruise or a route cruise without a supervisor in the manner set out in the spe-cial terms and conditions for route and cruise trips.
6.4 Age limits may differ from the aforementioned limits for route and cruise trips. For more information on the age limits applicable to route and cruise trips, please refer to the special terms and conditions for route and cruise trips (Section 2.1).
7 Travel Documents and Travel Insurance
7.1 Travellers must have all travel documents, such as a passport and visa, required by law and the authorities for the trip in question in order to be able to board the ship. A driver’s licence is not valid as a travel document. All travelling children and minors must have a valid travel document of their own. A so-called identity card for a minor issued without the guardians’ consent, an identity card issued to a foreigner or a temporary identity card are not valid as travel documents.
7.2 The traveller is responsible for observing the service provider’s instructions and ensuring that they have the necessary documents for their trip (e.g. passport, visa, vaccination certifi-cates) and that these documents and tickets are correct and match each other. The traveller is also responsible for checking transport timetables. As long as the service provider has pro-vided all the necessary information, they cannot be held liable for any loss incurred by the traveller if the traveller is unable to participate in all or part of the trip due to inadequate travel documents (e.g. a damaged passport) or not having or being denied a visa.
7.3 The service provider must provide the traveller with general information about the passport and visa requirements of the destination country prior to concluding the contract, including the average processing time for visa applications. For more information, please visit the ser-vice provider’s website.
7.4 The service provider cannot be held liable for any voluntary insurance that the traveller may need for the trip. Instead, the traveller is responsible for obtaining insurance themself and for ensuring that it covers what is needed in the event of cancellations, for example. To this end, the service provider shall instruct the traveller to obtain sufficient insurance to cover accidents and property damage as well as cancellations.
8 The Traveller’s Obligations and Responsibilities
8.1 The traveller must arrive at the check-in counter at least an hour before departure. Check-in will end 45 minutes before the scheduled departure time. A traveller who fails to show up before check-in closes is deemed to not have arrived in the manner set out above in Sec-tion 5.2.
8.2 The traveller must observe any instructions and orders regarding the execution of the trip, given by the authorities, the service provider or the service provider’s representatives, as well as any applicable hotel and transportation rules.
8.3 The traveller must not disturb other travellers by their conduct or cause danger or disturb-ance to themself or the safety of the vessel. A traveller who fails to observe these responsibili-ties risk losing their place on the trip or being repatriated prematurely or being removed, for example, from a specific section of the ship. Such travellers will not be entitled to a refund and they will bear all the costs of their return journey. There will be no refund for any addi-tional services for the traveller.
8.4 The service provider’s staff have the right to deny access of persons who are under the influ-ence of alcohol or drug(s), who are in possession of substances classified as illegal drugs, who behave in a disturbing or threatening manner or otherwise fail to comply with the rules or regulations regarding age limits, order or other issues.
8.5 The traveller is liable for any damage they cause intentionally or through negligence to the service provider or third parties, for example, by violating these provisions.
8.6 The safety of the traveller while abroad is primarily the responsibility of the traveller them-self and the authorities of the country in question. The traveller must take local conditions into consideration in their actions.
8.7 Key information about the safety and other characteristics of specific travel destinations is available on the websites of the Finnish Ministry for Foreign Affairs and the National Insti-tute for Health and Welfare at www.um.fi and http://www.thl.fi. The traveller must read the information in order to familiarise themself with local conditions at the destination.
9 Medical Conditions, Pregnancy, Persons with Reduced Mobility
9.1 Any person suffering from a medical condition which adversely affects their state of health or ability to travel must consult their doctor before booking a ticket to make sure they are fit to travel. We do not recommend travelling during the last weeks of pregnancy.
9.2 If a person with reduced mobility requires assistance at the terminal or on board, they must inform the service provider thereof in connection with the booking no later than 48 hours before departure. Please read more about the right to assistance and the applicable terms and conditions and other related information here.
9.3 Traveller with reduced mobility should observe the limitations of the premises on board and the requirements set by any emergency measures. If a traveller with reduced mobility re-quires assistance by another person, they must arrange for an accompanying assistant. The assistant must help the traveller at check-in, while boarding and disembarking and during the crossing. If a person’s ability to travel is reduced due to a reason mentioned above, please inform our staff when making the booking. In addition, the traveller’s name and cab-in number must be left at the Information Desk. In order to maintain safety on board, the captain of the vessel has the discretionary power to decide if a person is fit to travel or if they need an assistance.
10 Vehicles
10.1 If a vehicle is brought on board, it must be equipped with the vehicle nationality mark (a sticker with a group of characters identifying the country of registration) or EU licence plates. Please check other national requirements in advance. The traveller must also ensure sufficient insurance coverage for the vehicle. The service provider recommends that travel-lers by car read, for instance, the recommendations of their local Automobile and Touring Club.
10.2 If the driver of a vehicle is not the owner or possessor specified in the registration docu-ments, the driver must have an international authorisation by the owner, proving that the driver has the right to take and drive the vehicle abroad.
10.3 The traveller is responsible for ensuring that they provide the correct measurements of their vehicle and that the measurements meet with the service provider’s requirements. If it turns out that the vehicle is larger than indicated by the traveller to the service provider, the trav-eller is liable for any resulting additional costs and for any damage suffered by the vehicle during the voyage due to the incorrect measurement information and/or for not being able to bring the vehicle on board. Any additional equipment and devices fitted on the vehicle will be included in the car measurements (for example, a ski box).
11 Pets
11.1 Pets are welcome on Eckerö Line. No extra fee is charged for pets, but a place for the pet must be booked in advance.
11.2 Hotels charge extra for pets. The fee is payable at the hotel. Note that not all hotels allow pets.
11.3 A traveller can stay on board with the pet in other premises than restaurants and bars if the pet is kept in a pet carrier or a bag. Otherwise, pets must be kept in a pet cabin or in a car on the car deck. Pets travelling on the car deck are the owner’s responsibility. Travellers have no access to the car deck during the voyage. The temperature on the car deck may be high dur-ing the summer time. The availability of pet places is limited. Pet places and a potential pet cabin must be booked separately through the sales service.
12 Defects; Delays
12.1 The service provider is deemed to be in breach of contract, if the services or other arrange-ments associated with a trip do not correspond to what has been agreed or what can be deemed to have been agreed.
12.2 When travelling on board, the traveller can demand compensation for delays from the ticket price as follows (without prejudice to the foregoing): (i) The traveller can ask for a 25% discount on the price of their ticket from the service provider, if the vessel arrives at its final destination at least: (a) one hour late on a voyage that is scheduled to take no more than four hours; (b) two hours late on a voyage that is scheduled to take more than four hours but no more than eight hours; (c) three hours late on a voyage that is scheduled to take more than eight hours but no more than 24 hours; or (d) six hours late on a voyage that is scheduled to take more than 24 hours. (ii) The traveller can ask for a 50% discount on the price of their ticket from the service provider, if the vessel arrives at its final destination at least: (a) two hours late on a voyage that is scheduled to take no more than four hours; (b) four hours late on a voyage that is scheduled to take more than four hours but no more than eight hours; (c) six hours late on a voyage that is scheduled to take more than eight hours but no more than 24 hours; or (d) 12 hours late on a voyage that is scheduled to take more than 24 hours. (iii) If the departure is cancelled, the traveller can ask for a full refund of the ticket from the service provider.
12.3 However, a maritime passenger is not entitled to compensation referred to in Section 12.2 where the cancellation or delay is caused by weather conditions endangering the safe opera-tion of the ship or by extraordinary circumstances hindering the performance of the passen-ger service, which could not have been avoided even if all reasonable measures had been taken.
12.4 For more information on the rights of maritime passengers, please visit the webpage of the EU Commission.
13 Complaints
13.1 A traveller wishing to complain about a breach of contract by the organiser after the trip must notify the service provider (or in the case of a package travel the organiser or the retail-er) of their complaint within a reasonable period of time from when they notice or should have noticed the breach. A traveller who notices a breach of contract that can be remedied during the trip must alert the service provider (or in the case of a package travel, the organ-iser or retailer) as soon as possible. Please make any complaints during the trip at the ship’s Information Desk and/or the hotel’s reception.
13.2 Unless the breach of contract requires immediate remedial action, the traveller must allow a reasonable period of time for the breach to be rectified. What constitutes a reasonable peri-od of time depends on the duration of the trip, the destination and other factors relating to the nature of the trip.
13.3 However, the above does not prevent the traveller from filing a complaint if the service pro-vider or a trader used by the service provider for assistance in delivering on the contract has acted with gross negligence or in bad faith.
14 Rectifying Defects
14.1 Service provider must rectify any breaches of contract immediately or, if immediate remedi-al action is not necessary, by a reasonable deadline set by the traveller and in a manner that does not result in the traveller incurring any costs or major inconvenience. What constitutes a reasonable deadline for rectifying breaches of contract depends on the nature of the breach and its effect on the traveller as well as the service provider’s possibilities of rectify-ing the breach.
14.2 The traveller may be entitled to a price reduction covering the duration of the breach and to compensation despite the organiser’s remedial action in the manner referred to in these gen-eral terms and conditions for travel and the applicable special terms and conditions for travel.
14.3 The service provider cannot be expected to rectify a breach of contract if remedial action is impossible or would result in the service provider incurring unreasonable costs. What con-stitutes unreasonable costs depends on the scale of the breach and the value of the affected travel services.
14.4 If a service provider decides not to rectify a breach of contract or fails to take immediate remedial action if immediate remedial action is required or fails to rectify the breach by the deadline set by the traveller, the traveller has the right to take action themself. In such cir-cumstances, the traveller is entitled to be reimbursed for any costs incurred from the reme-dial action taken.
14.5 The service provider is not required to reimburse the traveller for costs incurred by them from rectifying a breach of contract by the service provider if the costs are unreasonable. A service provider who refuses to rectify a breach of contract pursuant to this section may have a duty to provide the affected traveller with a price reduction and compensation in the man-ner referred to in these general terms and conditions and the applicable special terms and conditions for travel.
15 Price Reduction
15.1 If a service provider fails to rectify a breach of contract without delay or if the breach cannot be remedied, the traveller is entitled to a price reduction proportionate to the impact of the breach unless the service provider can prove that the breach was caused by the traveller.
15.2 No price reduction is necessary if the breach only has a minor impact considering the entire contract. The price reduction depends on the total price of the trip rather than the price of the individual service affected by the breach. The traveller’s personal needs and any special wishes expressed in connection with concluding the contract can also be taken into account when assessing the impact of the breach.
16 Compensation
16.1 The traveller is entitled to compensation for any losses incurred by them because of a breach of contract by the service provider. The service provider must pay the compensation without undue delay.
16.2 However, the right to compensation is lost if the service provider can demonstrate that 1) the breach of contract was due to the traveller; 2) the breach was due to third parties who are unrelated to the provision of travel services and it could not reasonably have been foreseen or prevented; 3) the breach was due to unavoidable and extraordinary circumstances. 16.3 The traveller must take any reasonable steps to mitigate their losses. The service provider cannot be held liable for losses resulting from the traveller’s own actions.
16.4 Compensation in the event of losses incurred during transport by air, sea or rail will be cal-culated based on the rules or contracts applied by the transport operator to their services. The service provider’s liability for damages in the context of transport is governed by the ap-plicable provisions of the Finnish Maritime Act (674/1994) or Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents, the Finnish Act on Transport by Air (289/1937), the Finnish Act on Air Transport Contracts (45/1977), the Finnish Air Transport Act (387/1986), the Finnish Rail Transport Act (1119/2000), Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents or the Convention concerning International Carriage by Rail (COTIF; TrS 5/1985), the Convention for the Unification of Certain Rules for Interna-tional Carriage by Air (TrS 76/2004) or the 2002 Protocol to the 1974 Athens Convention re-lating to the carriage of passengers and their luggage by sea (TrS 70/2017).
16.5 The amount of compensation payable to the traveller depends on the amount of losses in-curred by them and is in all cases limited to the price of their trip. However, this limitation of liability does not apply in the event of personal injury or other losses caused intentionally or through negligence.
16.6 To be eligible for compensation, the traveller must demonstrate that the organiser has committed a breach of contract and that the losses are directly attributable to the breach. The burden of proof regarding the amount of losses also rests with the traveller.
16.7 The service provider cannot be held liable for any losses resulting from unavoidable and extraordinary circumstances that are beyond the service provider’s control and the conse-quences of which could not have been avoided even if all reasonable steps had been taken. Such unavoidable and extraordinary circumstances include, for example, orders by the au-thorities, airspace restrictions, war, other serious security issues, such as terrorism, serious unrest, significant risks to human health, such as the outbreak of a serious disease at the destination, or natural disasters such as flooding, earthquakes or weather conditions that make travelling to the destination in a safe manner as specified in the contract impossible or that otherwise significantly impede running the trip as agreed. Such circumstances also in-clude interruptions in the supply of essential services, such as electricity or water, due to a natural disaster or workers’ strikes, for example.
16.8 The service provider cannot limit their liability for a traveller’s delayed return home on the grounds of unavoidable and extraordinary circumstances, if the transport service provider in question is prevented by applicable European Union laws from denying liability in such circumstances.
16.9 The service provider is not obliged to compensate for cash money, securities, art objects or other particularly valuable luggage, unless the service provider has taken the property in special storage.
17 Deduction of Compensation Paid under Other Laws
17.1 Any price reduction given or compensation paid to a traveller pursuant to European Union laws governing the rights of travellers or international conventions will be deducted from any compensation payable pursuant to these terms and conditions.
17.2 The traveller has a duty to declare any compensation they have received because of breaches of the travel contract from other parties to the service provider (or in the case of a package travel, to the organiser or retailer).
18 Claims for Damages
18.1 The procedure for filing complaints concerning breaches of contract by the organiser is laid down in Section 13 of these general terms and conditions for travel.
18.2 Claims for damages must be made to the service provider in writing and within a reasonable period of time. Any claims for damages should be sent within two months of travel through the website using the following customer feedback link here or by post to Eckerö Line, PO Box 307, 00221 Helsinki, Finland. Please label your letter ‘Customer Feedback’.
19 Governing Law and Dispute Resolution
19.1 These general and special terms and conditions for travel shall be governed by and con-strued in accordance with the laws of Finland (without regard to its principles and rules on conflict of laws).
19.2 If a dispute concerning a contract cannot be resolved through negotiation between the par-ties, a consumer has the right to refer the case to the Consumer Disputes Board for resolution. A consumer wishing to refer a case to the Consum-er Disputes Board must first contact the Consumer Advisory Services. A traveller can also file a civil suit in their local District Court. Customers can also contact the European Commission’s online platform for dispute resolution.
19.3 Any disputes between corporate customers and the service provider shall always be settled by the District Court of Helsinki, unless otherwise agreed.
