General terms of Carriage

For the Carriage on Board of Ships carried out by FRS Elbfähre Glückstadt Wischhafen GmbH

General Regulations§ 1
Carriage Contract and Payment§ 2
Tickets§ 3
Rebooking, Cancellation and Change of Transport Schedule§ 4
Increased Fares§ 5
Obligation of the Carrier§ 6
Obligations of the Passenger§ 7
Transport of Luggage§ 8
Transport of Household Pets§ 9
Exclusion from Carriage§ 10
Special Tours§ 11
Transport of Vehicles§ 12
Limitation of Liability for the Carrier and Reimbursement§ 13
Alternative Dispute Resolution§ 14
Choice of Law and Court of Jurisdiction§ 15
Miscellaneous§ 16

§ 1 General Regulations

These General Terms of Carriage (hereinafter „GTC“) apply to all regular transports carried out by FRS Elbfähre Glückstadt Wischhafen GmbH (hereinafter „Carrier“) and – if marked – to all Special Tours of the Carrier. With conclusion of the contract these GTC become subject matter of the carriage contract; the Passenger recognizes them as legally binding.

§ 2 Carriage transport and payment

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 issuance of the ticket. 

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 carriage other than the designated one, transport will only take place if there is sufficient capacity. This also applies to tickets without details of the date and departure time. The duration of the ticket validity depends on the tariff regulations (hereinafter “GTR”).

4. The ticket fare is due with the conclusion of the contract pursuant to number 1. The Passenger tariffs that are in force are disclosed on the website of the Carrier as well as its places of business in the form of General Tariff Regulations (hereinafter „GTR“).

Besides payment in cash or via voucher, the Passenger has the option to pay via (credit-) card. The Passenger assures the sufficient coverage of the account. Any costs that occur due to non-redemption or charge back shall be borne by the Passenger unless the non-redemption or charge back 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 or when the Carrier is checking your ticket. A combination of different reductions is not possible.

§ 3 Tickets

1. Tickets are only transferable in accordance with the GTC.

2. Upon receiving, 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 authorized representative. Damaged or lost tickets lose their validity. This also applies to tickets with a QR or bar code where the code is no longer readable due to the Passenger's fault.

§ 4 Rebooking, Cancellation and change of transport schedule

1. The Carrier’s timetables can be accessed on their website at https://www.frs-elbfaehre.de/en/scheduleor can be viewed on site. The Carrier reserves the right to make changes to the timetable, even at short notice.

2. The Carrier always endeavors to adhere to travel times and in particular departure and arrival times. Nevertheless, due to special wind and weather conditions on the Elbe, there may be delays (e.g. due to low water). The Passenger accepts these potential delays. The Passenger is not entitled to any claims for reimbursement or damages due to any delays for which the Carrier is not responsible or which occur due to weather conditions.

3. The Carrier reserves the right to withdraw from the carriage contract in the following cases:

a. Cases of force majeure and synonymous events (e.g. influences of weather, epidemics, 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.

b. In Cases of special Tours pursuant to § 11, 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.

§ 5 Increased fares

In case a Passenger is found without a valid ticket a contract penalty in the amount of 60,00 € (sixty Euro) is to be paid besides the regular ticket fare. 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.

§ 6 Obligations of the Carrier

1. The Carrier is obligated to carry out the transport with a ship that meets the statutory safety provisions.

2. In the case of a cancellation or a delay in departure, Passengers shall be informed by the Carrier via the Carrier’s website. The passenger shall be transported on the next departure with free capacity. Apart from that, § 7 (7) applies.

§7 Obligations of the Passenger

1. The Passenger is obligated to follow all orders by the ship management or any representative that is authorized 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. 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.

4. Regardless of information and publications from the Carrier, the Passenger is obliged until the start of the Carriage to inform themselves about possible cancellations and delays or timetable adjustments via the channels provided by the Carrier for this purpose.

5. The Passenger is liable towards the Carrier for any damages caused by him/he

§ 8 Transport of Luggage

1. 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.

2. The Passenger must constantly care for and supervise their luggage; in particular, they are obliged not to create any sources of danger through, for example, improper or prohibited storage of luggage.

3. The (commercial) transport of dangerous goods must be reported to the Carrier in good time, in any case before boarding the ferry.

§ 9 Transport of household pets

1. Conventional household pets are transported against payment pursuant to the Tariffs in force. The Carrier reserves the right to exclude animals from transport, especially due to the following reasons:

a. Potential threats to the safety of people or the ship

b. Harassment of other Passenger by the animal

c. If the owner of the pet neglects his/her duty to supervise it

d. In case animals are not brought on board in suitable means of transport

Additionally pets are not allowed to be seated on seats. Dogs must be kept on a leash and muzzled.

§ 10 Exclusion from Carriage

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

a. Passengers under the influence of alcoholic beverages or intoxicating substances,

b. Passengers that are unfit to travel due to contagious diseases, without withdrawing from the transport prior to departure,

c. Passengers that do not attend their duties pursuant to clauses 7-9 (even after order from ship management)

d. Passengers who rely on someone to accompany them due to personal circumstances but travel unaccompanied.

2. Children under the age of 6 (six) that are not officially obliged to attend school yet, may be excluded from carriage, if they are not accompanied by a person aged 16 (sixteen) or above during the entire carriage.

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.

§ 11 Special Tours

1. Special Tours are all carriages that are marked and advertised as such. A minimum number of attendances is necessary. The Carrier reserves the right to withdraw from the contract if the minimum attendance is not reached, see § 4 (3) b).

2. Only the § 1, § 2 (1), (2), (4), § 3 (2), (3), § 4 (2), (3), § 5, § 6 (1) § 7, § 8, § 10, § 11, § 13 and § 14 apply to special Tours.

3. The Passenger is not entitled to cancel, withdraw, return, rebook or transfer the booking and/or tickets for specials Tours. Furthermore, no right of rescission exists for Special Tours.

4. The Carrier is not obligated to transport pets (animals).

§ 12 Transport of vehicles

1. Vehicles are only transported in accordance with the applicable tariff against payment of a fare. The applicable tariffs are published on the Carrier's website and on notice boards at the Carrier’s points of sale or can be obtained from the Carrier's offices.

2. The Passenger is obliged to notify the Carrier before entering the ship if the ground clearance of his vehicle is reduced and/or the statutory minimum amount falls below (e.g. due to structural changes such as lowering, gas box, stepladders, (waste water) tanks, etc.) If the Passenger fails to notify the Carrier (in good time), the Carrier is not liable for any resulting damages to the vehicle. Furthermore, § 13 of these GTC applies. The parking space on board is assigned by the ship's personnel, and the Passenger must follow the instructions. The Passenger must ensure that the vehicle is properly positioned and safe (e.g. by pulling on the handbrake and, if necessary, engaging first gear). If the Passenger makes use of an employee of the Carrier to carry out the duties incumbent upon him or her, such assistance shall be provided on a goodwill basis only. The Passenger is liable for this assistant; in this respect, this assistant shall be deemed to be solely the Passenger's/car owner's vicarious agent. Motorcycles and bicycles shall be adequately secured by the Passenger against falling over.

3. Dangerous objects according to § 8 (1) of the GTC are excluded from carriage even if they remain in the vehicle during (part of) the carriage.

§ 13 Limitation of Liability for the Carrier and Reimbursement

1. The Carrier’s liability for personal, vehicle, luggage or default damages is limited on the bases set out in section 77 BinSchG in conjunction with sections 541 and 542 of the German Commercial Code (HGB) as well as Article 3 of the Regulation (EC) No 397/2009 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.

§ 14 Alternative Dispute Resolution

1. The Carrier is willing to partake in Alternative Dispute Resolution by the following consumer arbitration board: Schlichtungsstelle Reise & Verkehr, Fasanenstraße 81, 10623 Berlin (https://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: https://ec.europa.eu/consumers/odr.

§ 15 Choice of Law and Court of jurisdiction

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 Glückstadt.

3. Flensburg 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.

§ 16 Miscellaneous

1. This document is a translation of the Carrier’s German General Terms of Carriage („Allgemeine Beförderungsbedingungen“). This document only serves to inform the Passenger and has no legal effect.

2. The content of the German General Terms of Carriage is legally binding. In case of discrepancies between the translation and the original German General Terms of Carriage the German version prevail.

Version 06.2024