
GENERAL CONDITIONS OF SEA TRANSPORT OF PASSENGERS AND THEIR LUGGAGE
valid from March 1, 2026
until the date of introduction of changes
I. Definitions
The following terms used in this document shall have the meanings indicated below:
1. Conditions – this version of the General Conditions of Carriage by Sea of Passengers and their Luggage.
2. Contract – a contract for the provision of a Service, of which the Terms and Conditions constitute an integral part, concluded between the Carrier and the Passenger, acting directly or through authorized agents or through other duly authorized representatives acting on behalf of or on behalf of the relevant party to the Contract.
3. Ticket – a personal document, which is proof of conclusion of an Agreement with an individually designated Passenger and payment of the Fare, and is not transferable to a third party without the consent of the Carrier.
4. Carrier – POLSCA Spółka Akcyjna, or its legal successor, even if not the owner or operator of the Vessel.
5. Passenger – a person using the Service under the Agreement.
6. Disabled Person or Person with Reduced Mobility – A Passenger who is a disabled person or person with reduced mobility within the meaning of Regulation (EU) No. 1177/2010.
7. Luggage – any item other than Cargo (including a Vehicle) in the possession or possession of a Passenger or under their care or control.
8. Cabin Luggage – Luggage that is located in the cabin occupied by the Passenger or that is otherwise in the possession or possession of the Passenger or under their care or control.
9. Essential Medical Equipment – medical equipment and mobility equipment necessary for a Disabled Person or Person with Limited Mobility.
10. Assistance Dog – a properly trained, specially marked and veterinary-vaccinated dog necessary for a Disabled Person or Person with Reduced Mobility, whose training is confirmed by an appropriate certificate and current vaccinations are confirmed by an appropriate certificate.
11. Cargo – all items over which the Passenger does not have control or custody, as well as items stored in the hold of the Vessel and items for commercial, transport, industrial or construction purposes, including those carried inside or placed on the Vehicle, as well as coaches (buses) and similar vehicles used to provide group passenger transport services. A Vehicle will also be considered Cargo if, on the date of Carriage, at least one of the following events occurs: (i) the goods or other items transported in the Vehicle cannot be permanently and safely separated from the Vehicle during Carriage, or (ii) the Vehicle is not roadworthy or does not have all the documents required for driving on the roads of the country in which Carriage begins or ends, or (iii) the Vehicle is damaged, incomplete, or inoperable in such a way that it is impossible for the Vehicle to move under its own power, or (iv) the Vehicle does not have a driver or the driver of the Vehicle does not have a valid Ticket for the same Carriage as the Vehicle.
12. Valuables – any valuable items or documents, including, but not limited to: means of payment or payment instruments, credit cards, precious metals, precious metal ingots, coins, semi-precious or precious stones, jewelry or other items containing precious metals or semi-precious or precious stones, antiques, paintings, works of art, securities or other items of significant value to the Passenger.
13. Vehicle – a technically operational and roadworthy passenger vehicle with a height not exceeding 3.60 meters, a length not exceeding 10 meters, and a gross vehicle weight not exceeding 3.5 tons, or a combination of such vehicles with a total length not exceeding 15 meters. The height of the vehicle (combination of vehicles) includes railings or other devices or structures mounted on the vehicle (combination of vehicles), luggage racks, and other objects located on the vehicle (combination of vehicles).
14. Transport – Service provided by the Carrier under the Agreement.
15. Service – the service of transporting passengers and their luggage by sea, provided by the Carrier using Vessels under the Agreement.
16. Fee – depending on the context, the price for the Transportation or the price for the Service.
17. Cruise Timetable – a binding schedule of start and end times for Services on routes operated by the Carrier using Vessels, as announced by the Carrier.
18. Units of Account – Special Drawing Right as defined by the International Monetary Fund.
19. Vessel – any vessel currently or in the future used by the Carrier to provide Services, regardless of the legal basis for the Carrier's use of the Vessel.
20. Force Majeure – any external event beyond the Carrier's control, impossible to prevent or whose consequences could not have been avoided even if reasonable measures had been taken to prevent such consequences, as well as any: public disturbances limiting or preventing the proper performance of the Contract by the Carrier, including: war, riots, blockades, strikes and unfavorable weather conditions, which, at the Carrier's discretion, may pose a threat to the safety of Passengers or Vessels or cause failures of Vessels other than those resulting from collision or run-in.
21. 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.
22. 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.
23. Athens Convention – Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, done at Athens on 13 December 1974, as amended.
24. Administrative Fees – all fees imposed by the Carrier on the Passenger, referred to in points 12.15-12.17 of the Terms and Conditions.
25. GDPR – 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.
II. General provisions
1. Unless expressly stated otherwise in the Agreement, the Terms and Conditions constitute an integral part of all Agreements concluded by the Carrier during the term of the Terms and Conditions.
2. The conditions specify in particular:
a. the rights and obligations of the parties to the Agreement, the conclusion of which is evidenced by the Ticket;
b. the content of other legal relationships between the Carrier and the Passenger related to the Carriage;
c. rights and obligations of persons using the Service without a valid Ticket.
3. The conclusion and performance of the Agreement and the Terms and Conditions are governed by the law of the Republic of Poland and by conventions and other international regulations applicable by operation of law to the Agreement, Carriage or Service, in particular: Regulation (EC) No. 392/2009, Regulation (EU) No. 1177/2010 and the Athens Convention.
4. Summaries of the provisions of Regulation (EC) No. 392/2009 and Regulation (EU) No. 1177/2010 are annexed to the Terms and Conditions.
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, if the action is brought before a court in the territory of the Republic of Poland, any disputes relating to the conclusion or performance of the Contract, the Terms and Conditions, the Carriage or the Service shall be resolved in the first instance exclusively by the competent common court in Szczecin (Poland).
6. The Terms are drawn up in Polish. Any other language versions of the Terms constitute merely a translation of the Terms. Therefore, in the event of any discrepancies between the different language versions of the Terms, the Polish language version shall prevail and prevail.
7. If any provision of the Agreement or the Terms and Conditions proves to be contrary to mandatory law or inapplicable due to such law, such provision shall be replaced by an appropriate provision of applicable law, which – taking into account the interpretation of the entire Agreement and the Terms and Conditions as well as their nature and the type of relationships governed by the Agreement and the Terms and Conditions – will govern the issue governed by the excluded provision in the Agreement or the Terms and Conditions in a manner most similar to the excluded provision.
8. If, during the performance of the Agreement, any of the terms defined in point I.1. should be used in the singular or plural, the corresponding term used in the Terms and Conditions in a different number should be understood as used in the singular or plural, respectively, regardless of the manner in which that term is used in the Terms and Conditions.
III. Contract and Transportation
1. Through the Agreement, the Carrier undertakes to perform the Service, in accordance with the terms and conditions specified in the Ticket and the Terms and Conditions or other regulations issued by the Carrier applicable to the Service..
2. The person making the reservation or purchasing the Ticket is obliged to inform the Carrier whether there are any Disabled Persons or Persons with Reduced Mobility among the persons for whom the reservation is being made, and to inform them about: the special needs of the Disabled Persons or Persons with Reduced Mobility regarding accommodation, seating, required services, the need for the Disabled Persons or Persons with Reduced Mobility to use the Essential Medical Equipment on board the Vessel and its type and size, or the intention to use an Assistance Dog during the Transport.
3. The information referred to in point 3.2. must be provided to the Carrier no later than 48 hours before the commencement of the expected assistance to the Disabled Person or Person with Reduced Mobility. Failure to comply with this deadline may prevent the Carrier from providing the expected assistance, even though the Carrier will make all reasonable efforts to provide such assistance.
4. If the persons for whom the Ticket reservation is made include Disabled Persons or Persons with Reduced Mobility, the person making the reservation is obliged to provide truthful and comprehensive answers to questions regarding Disabled Persons or Persons with Reduced Mobility, asked by the person accepting the reservation, in particular regarding the type of disability or reduced mobility and the assistance expected from the Carrier.
5. The Carrier is entitled to perform the Carriage indicated in the Cruise Schedule on a Vessel other than the one assigned to the Carriage in the Cruise Schedule or indicated in the Ticket.
6. The amount of the Fees is determined by the Carrier upon booking or purchasing the Ticket.
7. The Carrier reserves the right to change the Cruise Schedule without prior notice. However, the Carrier will remain liable for cancellations, delayed departures, or delayed arrivals in accordance with Regulation (EU) No. 1177/2010.
8. The contract is concluded no later than upon issuance of the Ticket to the Passenger. Based on the Ticket, the Carrier issues the Passenger a boarding pass.
9. The Ticket is the sole proof of conclusion of the Contract. A Passenger who does not possess the appropriate Ticket and boarding pass may not board the Vessel or place Baggage on the Vessel.
10. By concluding the Contract or purchasing a Ticket, the Passenger declares that he/she has become familiar with: the Terms and Conditions, the conditions for non-discriminatory access to sea ferries announced by the Carrier for Persons with Disabilities or Reduced Mobility and their accompanying persons, the quality standards announced by the Carrier for assistance to Persons with Disabilities or Reduced Mobility, and other regulations concerning the Carriage, and that he/she fully accepts them and undertakes to comply with them.
11. The customer, by purchasing a Ticket, agrees to the issuance and delivery of an invoice in electronic form to the email address provided during the ordering proces.
12. The provisions of the Terms and Conditions apply accordingly to persons using the Services without a valid Ticket issued to a given person. By using the Service without the aforementioned Ticket, the Person declares that they have read and accept the Terms and Conditions.
13. The Passenger may not, without the Carrier's consent, transfer the Ticket or any other rights or receivables arising from the Contract to a third party.
14. The Carrier may entrust the performance of the Contract in whole or in part to third parties.
15. The Passenger is obliged to notify the Carrier immediately, taking into account the circumstances of the given case, of any non-compliance consisting in the non-performance or improper performance of the Contract by the Carrier.
16. The Carrier shall not be liable for non-compliance consisting in non-performance or improper performance of the Agreement in the following cases:
1. the fault for the non-compliance lies with the Passenger or the person for whom the Passenger is responsible,
2. the non-compliance is the fault of a third party unrelated to the performance of the Transport, and the non-compliance could not have been foreseen or avoided;
3. the non-compliance was caused by unavoidable and extraordinary circumstances, including Force Majeure.
17. In any event, the Carrier shall be liable for non-performance or improper performance of the Contract only up to the amount of the Fee and only for actual damage (damnum emergens) caused by its culpable, inconsistent with the Contract act or omission, unless otherwise stated in the Ticket or Conditions or applicable law.
18. If specific provisions limit the scope or conditions under which compensation or indemnity is paid by third parties used by the Carrier in the performance of the Contract, the same limitations shall apply to the Carrier.
19. The Carrier may refuse to provide a Service to a person who does not have a valid Ticket or a valid boarding pass or a valid identity document confirming citizenship (in particular an identity card or passport) or to a person whose name and surname are not disclosed in the Ticket or boarding pass as a Passenger.
20. The Conditions apply accordingly to drivers or persons accompanying Cargoes transported under a contract for the carriage of goods by sea, provided, however, that the Carrier always applies the maximum limitation of its liability towards such persons that is permissible at the time by law (regardless of whether this has been expressly reserved in any terms or agreement or not) and grant such persons only such rights and privileges which are required at the time by law (regardless of whether such right or privilege has been expressly granted in any terms or agreement or not).The Carrier's obligations towards the persons indicated in the preceding sentence are limited only to those obligations the performance of which is required at the time by law (regardless of whether such obligation has been provided for in any terms or agreement or not).
IV. Ticket
1. The Ticket is issued to the Passenger upon payment of the Fee. Based on the Ticket, the Passenger is issued a boarding pass entitling the Passenger to board the Vessel and use other services specified in the Ticket or boarding pass, upon presentation of a valid identity document confirming citizenship (in particular: an ID card or passport).
2. The Passenger is obliged to retain and possess the Ticket and boarding pass throughout the entire duration of the Carriage until disembarking from the Vessel.
3. The passenger is obliged to immediately check the contents of the Ticket and boarding pass, and any errors should be reported immediately.
4. The Passenger may withdraw from the Contract by returning the Ticket no later than 24 hours before the Vessel’s departure date indicated in the Cruise Schedule. The Carrier will deduct a withdrawal fee of 25% of the Fare. If the Passenger withdraws from the Contract less than 24 hours before the Vessel’s departure date indicated in the Cruise Schedule, the Carrier will deduct a withdrawal fee of 100% of the Fare.
5. If the Passenger purchases a Ticket for a Fee lower than the one applied by the Carrier on the date of the Passenger's withdrawal from the Agreement and the relevant Service to which the Ticket relates, the Carrier has the right to demand from the Passenger an additional fee in the amount of the difference between the Fee actually paid by the Passenger for the Ticket and the Fee applied by the Carrier on the date of the Passenger's withdrawal from the Agreement.
6. If it is discovered that a person using the Service does not have a valid Ticket issued in accordance with that person's personal data or a boarding pass, such person is obliged to pay double the Fee for the Service used, in the amount of the Fee applied by the Carrier on the date of the Service, and to cover all other costs of the Carrier resulting from such an event or the need to prepare appropriate documents, including costs arising from the use of the Service by such person or costs resulting from the need to remove that person from the Vessel.
7. The Ticket, together with other documents specified in the Terms and Conditions or required by law, entitles the Passenger to use the Service only on the route indicated in the Ticket and on the Vessel indicated in the Ticket, unless otherwise expressly stated in the Agreement.
8. The Ticket expires after the validity period indicated in the Ticket or, if the Ticket is not used, on the Vessel’s departure date indicated in the Cruise Timetable.
9. The Ticket is issued in the form of a printed form. Any handwritten, printed, or otherwise made changes or additions to the Ticket's content or deletions are invalid unless they are made by the Carrier or an authorized agent of the Carrier.
10. A return ticket is a special offer whose price is lower than the sum of the prices of two one-way tickets according to the applicable tariff for the given route. The amounts indicated for the individual routes covered by the return ticket are a technical breakdown of the total price and do not constitute independent one-way ticket prices. In the event of withdrawal from the Agreement or cancellation of one of the routes covered by the return ticket, the remaining route will be recalculated in accordance with the applicable tariff for a one-way ticket.
V. Cabins
1. The Vessel’s cabins may only accommodate the number of people for whom the cabin is designated by the Carrier. Only persons for whom space have been purchased may stay in the cabin.
2. In the case of multi-person cabins, passengers will be assigned to cabins on a first-come, first-served basis based on gender. Seats within the cabin are assigned randomly. Passengers do not have the right to choose their seats within the cabin.
3. Passengers traveling with children under 13 years of age who purchase a cabin are required to purchase the entire cabin exclusively for themselves.
4. Passengers under 16 years of age traveling alone (unaccompanied by adults) are required to book an entire cabin for their own safety.
5. Passengers are required to vacate their cabins 30 minutes before the Vessel’s scheduled arrival at the port of destination. During the time indicated in the preceding sentence, the Vessel’s crew has the right to enter the cabin to clean it or service the equipment located in the cabin. Before leaving the cabin, Passengers are required to carefully check that they have not left any items behind. The Carrier is not responsible for any items left by the Passenger in the cabin or on the Vessel.
6. Passengers are required to return their cabin keys to the Vessel’s reception desk no later than 30 minutes before the Vessel's scheduled arrival at the destination port. Personalized boarding passes, which also serve as cabin keys, are not returnable to the reception desk.
7. If the date of the Carriage is changed, the Passenger loses the right to a cabin seat, even if they had previously purchased a cabin or a seat in a cabin for the Carriage. The Passenger will not be entitled to a refund for the cabin or a seat in the cabin. However, the Carrier may, at its discretion, allocate a cabin to the Passenger on the changed date of the Carriage if cabins have not been booked or purchased. The Carrier may also, at its discretion, refund the cabin fee.
8. If it turns out that not all cabins are occupied after the Vessel departs port, the Passenger may repurchase the cabin or cabin berths directly on the Vessel at the price applicable on the day of the cruise. In the event of purchasing a cabin or cabin berth directly on the Vessel, if appropriate circumstances arise to justify such a request, the Passenger may apply for a refund of the fee for purchasing the cabin or cabin berth directly on the Vessel, only after submitting a written complaint and providing the original proof of purchase of the cabin or cabin berth directly on the Vessel.
VI. Ticket check-in and boarding
1. Embarkation on the Vessel takes place on the basis of a valid Ticket together with a valid boarding pass and upon presentation of a valid identity document confirming citizenship (in particular: an identity card or passport).
2. Check-in for Passengers and Vehicles begins 120 minutes before the Vessel's scheduled departure. Passengers are required to be present and ready for check-in from the time it begins. Being ready for check-in means remaining continuously in the square in front of the check-in point at the Port Terminal and waiting for the Vessel's staff representative to complete check-in. Check-in ends:
1. for Passengers traveling without a Vehicle – 30 minutes before the scheduled departure of the vessel.
2. for Passengers traveling with a Vehicle – 30 minutes before the scheduled departure of the Vessel.
Passengers traveling by electric vehicle must absolutely check in 120 minutes before the scheduled departure of the vessel.
3. After completing check-in, Passengers are required to remain ready for loading. Readiness for loading, as referred to in the preceding sentence, means remaining continuously in the inner yard of the Ferry Terminal after completing check-in and passing through the gates until boarding the Vessel.
4. The Carrier may refuse to Carry a Passenger or their Vehicle in the event of: lack of readiness for check-in within the time specified in point VI.2 or lack of readiness for loading as referred to in point VI.3. In the cases indicated in the preceding sentence, the Carrier retains the full Fee, and the services arising from the Agreement are deemed to have been duly performed by the Carrier.
5. The order in which Vehicles are loaded and the manner of their arrangement on the Vessel are solely at the Carrier's discretion.
6. Passengers under 12 years of age may only travel under adult supervision. In the event of a minor over 12 years of age traveling alone, prior to purchasing a Ticket, the Carrier or the Carrier's agent must provide written consent from the legal representative (i.e., parent or legal guardian) of the minor over 12 years of age, specifying the first and last names of all legal representatives of the minor over 12 years of age, as well as at least their home address and telephone number. During the Carriage, the Carrier does not provide care for minors and is not responsible for persons left unattended.
VII. Luggage
1. The Carrier has the right to refuse to carry Baggage or Cargo or other items that violate the provisions of the Conditions.
2. Under the Agreement, 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.
3. Luggage may not contain items that are: dangerous or prohibited by generally applicable legal regulations in force at the ports visited by the Vessel, or that posea threat to the sanitary safety on the Vessel or the life or health of other Passengers, or that may cause damage to the property of other Passengers or the Carrier's property, or that threaten the safety of navigation.
4. Any items exceeding the weight or dimensions indicated in point VII.2 above will be transported as Cargo, unless they can be considered a Vehicle under the Conditions.
5. Regardless of the restrictions indicated above, the Passenger is entitled to carry Luggage of a weight or size that allows the Passenger to independently move the Luggage during the Carriage, in particular with respect to bringing the Luggage onto the Vessel or unloading the Luggage, unless the Conditions or legal provisions provide otherwise. The above restrictions do not apply to Necessary Medical Equipment, which will be accepted for carriage as Luggage, unless the Conditions provide otherwise.
6. Without prior notice, the Passenger is obliged to report to the Carrier at check-in any items exceeding the weight or size limits indicated in point VII.2.
7. The Carrier is entitled to refuse to transport as Luggage any items that do not meet the requirements specified in point VII.2., and is also entitled to classify as Cargo any items declared as Luggage that do not meet the requirements for Luggage specified in the Terms and Conditions.
8. For an appropriate Fee, the Passenger may transport the Passenger's Vehicle as Luggage. Subject to other provisions of the Terms and Conditions, motor vehicles that are not roadworthy or do not have a valid technical inspection, are not insured against civil liability in accordance with intra-Community regulations or confirmed by a Green Card, or are undeclared as to their country of registration, and those whose drivers do not possess a valid registration certificate, may be transported only as Cargo. Motor vehicles registered as trucks or whose length (or the length of the combination including the vehicle) exceeds 15 meters or whose total weight (or the weight of the combination including the vehicle) exceeds 3.5 tonnes may be transported exclusively as Cargo.
9. If the Vessel's crew, Carrier's employees, service personnel or agents determine that the Vehicle is subject to carriage as Cargo, such decision is final and the Passenger will be obliged to pay an additional fee specified in the price list and purchase appropriate documents authorizing the carriage of Cargo.
10. During Carriage, Passengers are not permitted to remain in the Vehicle or on the vehicle decks of the Vessels. Passengers are obligated to lock and properly secure the Vehicle left on the vehicle decks of the Vessels. Vehicles left on the vehicle decks of the Vessels should be left with the permanent brake engaged, in gear, and with the wheels straight. During Carriage, it is also prohibited to start the engine of the Vehicle without the express instruction of a member of the Vessel's crew.
11. Smoking is prohibited on board vessels.
12. It is prohibited to transport by vessel the following materials or items: hazardous, in particular gasoline and other fuels or flammable or dangerous substances in canisters or other containers, as well as technical or flammable gases in cylinders or other containers in which the gases are under pressure.
13. When loading and unloading a Vehicle, the Passenger is obliged to comply with the signals and signs placed on the vehicle decks of the Vessel, follow the instructions of the Vessel's crew and, in case of doubt, seek assistance from the Vessel's crew.
14. The Carrier is not liable for any damage caused to the Passenger during loading and unloading of Vehicles by other Passengers or by other Passengers' Vehicles.
15. During Carriage on Vessels separately designated by the Carrier, the Passenger may transport pets as Luggage for an additional fee only if a special cabin designated for the carriage of animals is available and purchased by the Passenger. Carriage of animals on Vessels other than those separately designated by the Carrier is prohibited.
16. If there are no available special cabins designated for the carriage of animals on a given Vessel's voyage, the carriage of animals by Passengers is prohibited. If an undeclared animal is brought on board the Vessel, the Carrier is entitled to refuse carriage of the animal and the Passenger, while simultaneously carrying Luggage (including a Vehicle) that cannot be immediately unloaded and will be unloaded and stored at the Vessel’s destination port at the Passenger's expense and risk. Animals may be accommodated on Vessels only in cabins specifically designated for the carriage of animals, and outside of these cabins, only in designated areas on the outer decks of the Vessels.
17. The Passenger is obliged to ensure the safety of other Passengers, persons at the check-in desk, and the Vessel's crew from any hazards that may arise from the carriage of animals, and in particular to keep the animal on a leash and in a muzzle or cage at all times.
18. Passengers are obligated to maintain the cleanliness of the Vessel and their cabins, clean the Vessel and their cabins after any animals they carry, and maintain the Vesseland their cabins in an appropriate sanitary condition.
19. The Passenger is obligated to familiarize themselves with the veterinary regulations of the destination country and all countries visited by the Vessel during the Carriage,and to provide, at their own expense and risk, all relevant documents necessary or required by the relevant authorities to bring the animal into the destination country. In the event of non-compliance with the above rules, the Carrier is entitled to charge a cleaning fee and to charge the Passenger for any costs incurred by the Carrier due to the violation of the above rules.
20. A Disabled Person receives a 40% discount on the Transportation fee. A Disabled Person or Person with Reduced Mobility has the right to transport one Assistance Dog, whose assistance will be used during the Transportation, without having to pay the additional fee referred to in point XII.9. The right described in this point applies only if the following conditions are met: the Assistance Dog is properly identified, the Assistance Dog is equipped with an appropriate harness enabling the Assistance Dog to work with the Disabled Person or Person with Reduced Mobility, the Disabled Person or Person with Reduced Mobility has a written certificate confirming the Assistance Dog's status, and a certificate of the Assistance Dog's required veterinary vaccinations, valid on the date of the Transportation. A Disabled Person or Person with Reduced Mobility is obliged to present documents confirming compliance with all conditions specified in the Conditions upon request from the Carrier or members of the Vessel's crew.
21. Without the Carrier's prior consent, it is prohibited to bring onto the Vesselor to the check-in point, or to transport in any way, weapons or their components, ammunition or their components, explosives, or other dangerous items. The Carrier's consent must be given no later than at the time of the Passenger's check-in. The Carrier may retain and deposit items brought in violation of the prohibition in a safe until the end of the Carriage. If necessary, the Carrier will notify the appropriate law enforcement authorities. A Passenger who, with the Carrier's consent, transports weapons, ammunition, explosives, or other dangerous items is obligated to familiarize themselves with the regulations regarding weapons, ammunition, explosives, or other dangerous items in the country of destination and to have a valid permit to possess and import these items into the country of destination.
22. Valuables may not be carried as Baggage unless they are deposited in a safe on the Vessel at the Carrier's disposal. The Carrier shall not be liable for Valuables if they are not reported and deposited in the manner indicated in the preceding sentence.
23. Without prior notice, the Passenger is obliged to report to the Carrier at check-in all items referred to in point VII.21 or point VII.22.
24. The Carrier reserves the right to exclude the following types of Essential Medical Equipment from Carriage for safety reasons: oversized devices, cylinders of compressed oxygen or other gases, and other items that are considered dangerous goods or hazardous materials by law, including international conventions or agreements.
25. The Cargo is not transported under the Agreement. The Cargo may only be transported against payment of freight under a separate sea carriage agreement and is subject to the Carrier's general conditions for the carriage of goods by sea.
26. Passengers are obliged to carefully check whether they have not left any items on the Vessel or at the check-in desk and are obliged to remove all items from the Vessel unless the Carrier or the Vessel's crew detains them.
27. The Carrier is not liable for the destruction, loss or damage of items left by the Passenger on the Vessel or at the check-in desk, including Baggage or Cargo.
28. The Carrier will store items found on the Vessel for a fee for a period of 30 days from the completion of the Carriage, after which it will be entitled, at its discretion, to: destroy items found on the Vessel or transfer them to destinations selected by the Carrier, without the obligation to pay any compensation or remuneration.
VIII. Carrier's Liability and Limitations of Liability
1. The Carrier shall be liable for the death of a Passenger or personal injury to a Passenger and for the loss of or damage to Luggage solely and exclusively on the basis of and in accordance with Regulation (EC) No. 392/2009 or – if Regulation (EC) No. 392/2009 is not applicable – the Athens Convention. Any further liability of the Carrier for the reasons referred to in the preceding sentence is hereby excluded, unless it cannot be excluded under generally applicable law applicable to the Carrier or Carriage.
2. The Carrier's liability for the reasons referred to in point VIII.1 is subject to the limitations set out in Regulation (EC) No. 392/2009, conventions and other international regulations, and the law applicable to the Contract and the Terms and Conditions.
3. Advance payments paid by the Carrier pursuant to the provisions referred to in point VIII.2 may not, in any circumstances, exceed the amount of EUR 21,000.
4. The Carrier's liability referred to in point VIII.1 will be subject to a deductible (franchise) of 330 Units of Account in the event of damage to the Vehicle and 149 Units of Account in the event of loss or damage to other Luggage.
5. The Carrier's liability for loss or damage to Valuables deposited with the Carrier shall in no case exceed 3,375 Units of Account.
6. In the event of a Force Majeure event, the Carrier shall not be liable for non-performance or improper performance of the Contract. However, the Carrier shall remain liable for cancellation, delayed departure, or delayed arrival in accordance with Regulation (EU) No. 1177/2010.
7. Except in the cases provided for in the Conditions, the Carrier shall not be liable for the loss or damage of any Passenger's belongings, or for the death or personal injury of the Passenger, unless such liability cannot be excluded in accordance with generally applicable laws applicable to the Carrier or the Carriage.
8. The Carrier shall not be liable for any damages resulting from events or services provided on land before boarding or after disembarking the Vessel, unless such liability cannot be excluded in accordance with generally applicable laws applicable to the Carrier or the Carriage.
9. The Carrier shall not be liable for damage to Luggage or Cabin Luggage occurring before being brought on board the Vessel or after being unloaded from the Vessel, unless such liability cannot be excluded in accordance with generally applicable legal provisions applicable to the Carrier or the Carriage.
10. The Carrier is not liable for any damage to the Passenger resulting from events occurring in the vicinity of the Vessel or on the premises used by the Carrier,nor for any damage caused by transshipment.
11. The Carrier's compliance with any statutes, regulations, or orders of any public authority or person in authority under the war risk insurance policy for the Vessel will not be deemed improper performance of the Contract. Disembarkation of the Passenger on this basis at the discretion of the Carrier or the Vessel's crew will be deemed full performance of the Contract, and the Passenger will not be entitled to any further claims in this respect.
12. The Carrier reserves the right to deviate from its course in order to save human life, to attempt to provide assistance to other vessels or goods in distress, or for any other justifiable reason at the discretion of the Carrier or the Vessel's crew. Such deviation from its course will not constitute improper performance of the Contract, and Passengers will not be entitled to any claims for this reason. In particular, the Vessel may, if deemed necessary by the Carrier or the Vessel 's captain, call at all ports with or without a pilot, tow, rescue property or life at sea, deviate from the designated route or turn back, extend or shorten stops, and comply with the orders of the authorities at the berth regarding the movement of vessels and passengers.
13. The Carrier reserves the right to provide substitute Vessels, change the place or date of departure or arrival of the Vessel at the destination or even cancel the journey. Subject to different legal provisions, the Passenger is not entitled to compensation in such cases, in particular to reimbursement of hotel accommodation costs or other expenses caused by the circumstances described here, nor the right to claim compensation for any damages resulting from delays in travel.
14. Compensation below EUR 6.00 will not be paid by the Carrier.
15. Claims for compensation for death, bodily injury or health impairment and for damage to or loss of Baggage are subject to a limitation period and may only be asserted under the terms of Regulation (EC) 392/2009 or – if Regulation (EC) 392/2009 does not apply – the Athens Convention.
IX. Damage notifications
1. In the event of bodily injury or health impairment, the Passenger is obligated, if possible, to notify the Carrier immediately and before leaving the Vessel of the event that caused it. Notwithstanding the provisions of the preceding sentence, in each case, the Passenger is also obligated to submit their claim to the Carrier in writing no later than 15 days from the date of the Passenger's disembarkation. It is presumed that a Passenger who fails to fulfill the obligations indicated above left the Vessel in good health and safety.
2. Unless the condition of the Luggage at the time of its receipt was subject to a joint inspection or visual inspection by the Passenger and the Carrier or an authorized member of the Vessel's crew, in the event of visible damage to the Luggage, the Passenger should notify the Carrier or its agent in writing:
1. in relation to Cabin Luggage – immediately and before the Passenger leaves the Vessel;
2. in relation to other Luggage – immediately and at the time of delivery to the Passenger.
3. Unless the condition of the Luggage at the time of its acceptance was subject to a joint inspection or visual examination by the Passenger and the Carrier or an authorized member of the Vessel's crew, in the event of non-visible damage to the Luggage or loss of Luggage, the Passenger must notify the Carrier or its agent in writing within 15 days of the date of the Passenger's disembarkation from the Vessel or the date of delivery of the Luggage or the date on which such delivery of the Luggage should have taken place.
4. If the Passenger fails to notify the Carrier of damage to the Luggage in the manner specified in the Conditions, it is presumed that the Passenger received his/her Luggage complete and undamaged, unless the Passenger proves otherwise.
5. Neither Luggage nor Cabin Luggage is involved in general average conditions and the Passenger cannot claim any compensation from the Carrier in this respect.
X. Passenger Liability
1. The passenger is liable for any damage caused by a culpable or negligent act or omission and is obliged to compensate for such damage by paying equivalent compensation to the injured party or to the Carrier.
2. The Passenger shall indemnify the Carrier, its employees or agents from liability for death, bodily injury or health impairment if such damage was caused, even partially, by the culpable or negligent act or omission of the Passenger.
3. The Passenger is liable for any damage caused by the Passenger's failure to comply with the Contract or the Conditions or the rules and regulations in force and displayed on the Vessel or the instructions of the Vessel's crew and is obliged to compensate for such damage by paying equivalent compensation to the injured party or the Carrier.
4. The Passenger is obligated to pay fees for additional services not covered by the Contract, provided by the Carrier or on the Vessel, as well as any fees imposed on the Passenger by border, port, or other local authorities. If the fees referred to in the preceding sentence are covered by the Carrier, the Passenger will refund the Carrier the equivalent amount, with interest calculated from the date of payment by the Carrier, up to the maximum allowable under Polish law.
XI. Himalaya Clause
1. Any exclusions and limitations of the Carrier's liability provided for in the Agreement or Conditions or arising from the provisions of law applicable to the Carriage will apply to the Carrier's employees and agents, as well as to persons utilized by the Carrier in the performance of the Agreement or persons carrying out the Carrier's instructions.
2. Employees, agents, persons used by the Carrier in the performance of the Agreement and persons carrying out the Carrier's instructions will be entitled to demand compensation from the Passenger under the same conditions as the Carrier may claim compensation from the Passenger under the Agreement or the Terms and Conditions.
XII. Order Regulations, Safety Regulations, Order Fees
1. During the Carriage, the Passenger is obliged to strictly comply with the Agreement and Conditions, the regulations in force and displayed on the Vessel, and the instructions of the Vessel's Captain and members of the Vessel's crew.
2. Passengers are not permitted to occupy the Vessel's space for resting purposes in places not designated for this purpose in accordance with the instructions of the Vessel's crew members or the markings displayed on the Vessel, and it is also prohibited to bring items such as mattresses, sleeping mats, bedding, duvets, blankets, pillows, sleeping bags and other similar items into the public areas of the Vessel.
3. Except in areas clearly designated for this purpose, smoking, the use of electronic cigarettes or other substances is prohibited throughout the Vessel.
4. If the Passenger violates the Contract or the Conditions or the order regulations applicable and displayed on the Vessel or the orders of the Vessel 's captain or the orders of another authorized member of the Vessel 's crew, as well as if he/she occupies the Vessel 's space for rest purposes in a place not designated for this purpose or brings items referred to in point XII.2 into the public parts of the Vessel, or his/her behavior creates even a potential threat to the safety of the Vessel or other Passengers or disturbs the peace of other Passengers, the Carrier, at its discretion, is entitled to: refuse to perform the Carriage, refuse to allow the Passenger to board the Vessel, disembark the Passenger with or without Luggageat any port or transfer the Passenger to another vessel bound for another port, and furthermore – if the Passenger endangers other Passengers or members of the Vessel's crew or the Vessel or the safety of navigation – detain the Passenger in a separate room under possible supervisi.
5. In the event of application of the provisions of point XII.4, the Carrier will retainthe entire Fare, and the Passenger will also cover – but not limited to – all damages and all costs incurred by the Carrier or the crew of the Vessel due to the transfer of the Passenger to another vessel or the disembarkation of the Passenger at any port.
6. The Passenger may be asked by local authorities, port authorities, the Carrier or an authorized member of the Vessel's crew to submit to a search of the Passenger's person or any items in the Passenger's possession or Luggage, including the Vehicle, or to answer questions. If the Passenger refuses to submit to the actions indicated in the preceding sentence or to provide full and truthful answers to the questions,the Carrier may refuse to perform the Carriage while retaining the entire Fare.
7. The Carrier may refuse to carry a Passenger if, in the opinion of the Carrier or an authorized member of the Vessel's crew, the Passenger's mental or physical condition, or the Passenger's health, justifies concerns about the possibility of safe Carriage. If doubts arise as to the circumstances indicated in the preceding sentence, the Carrier or an authorized member of the Vessel's crew may, under penalty of refusal to carry out Carriage, require the Passenger to submit a written declaration stating that the Carriage will be performed at their own risk, or request a medical certificate confirming fitness to travel by sea to the extent required by the Carriage. In the event of refusal to carry out Carriage under the provisions of this section, the Carrier will refund the Passenger the Fare.
8. The Carrier may refuse to accept a reservation, issue or otherwise provide a Ticket or embark a Disabled Person or Person with Reduced Mobility, or may request that the Disabled Person or Person with Reduced Mobility be assisted by another person capable of providing assistance to the Disabled Person or Person with Reduced Mobility:
1) due to applicable security requirements defined by international, European, or national law or due to security requirements specified by competent authorities;
2) in cases where the structure of the Vessel or the infrastructure of the port from or to which the Carriage is to be performed or the equipment, including port terminals, prevent the embarkation of a Disabled Person or Person with Reduced Mobility on the Vessel or the disembarkation of a Disabled Person or Person with Reduced Mobility, or when the Service for the Disabled Person or Person with Reduced Mobility cannot be performed safely or is not operationally feasible.
9. A person assisting a Disabled Person or Person with Reduced Mobility, as referredto in point XII.8, is transported on the Vessel free of charge, but may be chargedfor the use of additional services related to the Transport.
10. In the event that a Disabled Person or Person with Reduced Mobility who has a reservation and has fulfilled or has been fulfilled the obligations described in points III.2, III.3 and III.4 is refused boarding, the Disabled Person or Person with Reduced Mobility and the accompanying person referred to in point XII.8 are offered a choice between a refund of the Fee and rerouting, in accordance with Regulation (EU) No. 1177/2010. The right to choose referred to in the preceding sentence may be limited and is subject to compliance with all safety requirements.
11. Any complaints or claims regarding events occurring on board the Vessel or during the performance of the contract must be reported immediately by the Passenger to the Vessel's reception desk, using the form provided for this purpose, or by email to the address…@polsca.com, in any case no later than the end of the second month from the date on which the Carriage was performed or should have been performed. In matters covered by Regulation (EU) No. 1177/2010, the Carrier will notify the Passenger within one month of receiving the relevant complaint that their complaint has been upheld, dismissed, or is still being considered. The deadline for the Carrier to provide a final response is two months.
12. The Passenger is obligated to familiarize themselves with the border crossing conditions and requirements, including documentary requirements, related to crossing the borders of the countries visited by the Vessel during the Carriage, and is obligated to comply with these conditions and requirements at their own expense and risk. If the Passenger is found to have violated the provisions of the preceding sentence, the Carrier is entitled to terminate the Agreement with immediate effect and retainthe entire Fee.
13. f border, port or other local authorities prohibit the Passenger from disembarking or from unloading animals, Luggage or other items carried by the Passenger, the Passenger is obligated to pay for their return journey by paying the Fee or to pay for the return carriage of the animals, Luggage or other items by paying the freight and ensure that the animals, Luggage or other items are collected by a duly authorized person at the port of destination. In the event of a breach by the Passenger of the provisions of the preceding sentence, and in particular in the event of failure to pay for the return journey, the Carrier may disembark the Passenger who is refused disembarkation from the Vessel at any other port or transfer such Passenger to another vessel bound for such other port.
14. The Passenger shall cover all damages and costs incurred by the Carrier due to a prohibition on disembarking or discharging animals, Luggage or other items carried by the Passenger, including damages and costs incurred in connection with disembarking the Passenger from the Vessel at any other port or transferring the Passenger to another vessel bound for such another port.
15. In the event of the Passenger's failure to comply with the obligations arising fromthe Contract or the Conditions or the order regulations applicable and displayed on the Vessel or the order of the Vessel's captain or another authorized member of the Vessel's crew, as well as the Passenger occupying the Vessel's space for resting purposes in a place not designated for this purpose or bringing items referred to in point XII.2 into publicly accessible parts of the vessel, or in cases where the Passenger's behavior creates even a potential threat to the safety of the Vessel or other Passengers or disturbs the peace of other Passengers, regardless of the Carrier's other rights indicated in the Conditions, the Carrier, at its discretion, will 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 Vessel during the performance of the Contract or Carriage. In the event that the damage to the Carrier resulting from the Passenger's failure to comply with the above-mentioned obligations exceeds the amount of the Order Fee imposed on the Passenger, the Carrier will be entitled to claim additional compensation in an amount exceeding the amount of the Order Fee stipulated above.
16. If a cleaning fee is imposed on the Passenger, the Passenger will be obligated to pay the fee in cash or by payment card at the Vessel's reception desk immediately after the Passenger's breach of the relevant obligations is discovered.
17. At the request of the Passenger or the person intending to carry the Carriage to conclude the Contract, the Carrier will deliver to the appropriate person, at the Carrier's discretion, the content of the regulations and the list of Order Fees applicable at the given time on the Vessel on which the Carriage is to be performed, in documentary or written form.
XIII. Pledge
1. The Carrier has the right of lien on Luggage or other items brought by the Passenger on board the Vessel) or in the Passenger's possession or possession or under his care or control (including the Vehicle), to secure all receivables arising from the Contract or the Carriage, including Order Fees and receivables relating to claims for compensation, in particular for damage to the Vessel or its equipment.
2. The Carrier is entitled to retain the pledged item until the Passenger satisfies the secured claim or until the Passenger provides other appropriate security for the claims, at the Carrier's discretion.
3. The Carrier is also entitled to retain Luggage or other items brought by the Passenger on board the Vessel) or in the Passenger's possession or custody or under his/her care or control (including on the Vehicle) or any item in the Carrier's possession, until the Passenger has satisfied his/her claim for compensation or has adequately secured his/her claims.
4. The Passenger is obligated to bear all costs or cover all damages incurred by the Carrier resulting from the lien, retention, or storage of items retained by the Carrier in accordance with the provisions of the above paragraphs.
XIV. Application of the GDPR
1. The provision by the Passenger of personal data indicated by the Carrier is a contractual condition for the conclusion and performance of the Agreement and is necessary for the purposes of providing the Service and results from the fulfillment of obligations arising from legal provisions, and is also necessary to achieve the purposes arising from the legitimate interests of the Carrier.
2. The Passenger's refusal to provide all personal data indicated by the Carrier constitutes an obstacle to concluding the Agreement and entitles the Carrier to refuse to conclude the Agreement.
3. A request to delete or limit the processing of personal data or an objection to the processing of personal data, including profiling, or withdrawal of consent to the processing of personal data entitles the Carrier, at the Carrier's discretion, to: refuse to perform the Carriage or refuse to allow the Passenger to board the Vessel, in which case the Carrier retains the entire Fare.
4. The Controller of Passenger Personal Data is: Polsca S.A., with its registered office in Świnoujście, address: ul. Fińska 11, 72-600 Świnoujście.Contact details of the data protection officer: e-mail: iod@polsca.com.
5. Any questions regarding the method and scope of personal data processing by the Carrier, as well as the Passenger's rights, should be directed to the address indicated in point XIV.4.
6. The information required by the GDPR and the privacy policy applied by the Personal Data Controller are available on the Personal Data Controller's website at: polsca.com
7. Special categories of personal data (such as health information) will be processed by the Carrier only if it is necessary for the proper performance of the Agreement or with the consent of the data subject or when required by law.
8. Personal data may be made available by the Carrier to the following recipients or categories of recipients:
1. public authorities or administration bodies or institutions or third parties authorized to request access to or receive personal data under the law;
2. entities performing public tasks or acting on behalf of public authorities, to the extent and for the purposes specified in the law;
3. to the management bodies or authorities of ports where Vessels call or to other local authorities or entities in connection with the performance of the Carriage;
4. entities to which the Carrier has entrusted the processing of personal data based on concluded agreements, including collaborators or suppliers or subcontractors, as well as entities providing technical support, banks, postal operators, IT or other service providers, entities providing telecommunications, accounting or insurance services to the Carrier, etc.;
5. entities in relation to which the data subject has consented to the disclosure or processing of his or her personal data.
6. entities related to the Carrier;
7. entities with the help of which the Carrier performs the Agreement.
9. The person whose personal data is being processed has the right to:
1. access to their personal data, including obtaining a copy of the data collected or processed by the Carrier.
2. requesting the rectification (correction) of incorrect personal data or the completion of incomplete personal data;
3. request the deletion of personal data – in the event that:
- the data is no longer necessary for the purposes for which it was collected or otherwise processed,
- the data subject has objected to the processing and there are no overriding legitimate grounds for the processing,
- the data subject has withdrawn the consent on which the processing is based and there is no other legal basis for the processing,
- data is processed unlawfully,
- data must be deleted in order to comply with a legal obligation;
4. request to limit the processing of personal data – in the event that:
- the data subject contests the accuracy of the personal data – for a period enabling the controller to verify the accuracy of the data,
- the data processing is unlawful and the data subject opposes the deletion of the data, requesting its restriction instead,
- the controller no longer needs the personal data for processing purposes, but the data subject needs them to establish, pursue, or defend legal claims,
- the data subject has objected to the processing of data – until it is determined whether the legitimate grounds of the controller override the grounds for objection of the data subject;
5. Transfer of personal data (in the case of data transfer, due to other legal provisions, it may be necessary to obtain separate consent or the consent of another person or to meet other conditions required by these provisions) – in the event that:
- Data processing is carried out on the basis of a contract concluded with the data subject or on the basis of the consent expressed by such person, and
- data processing is carried out in an automated manner;
6. object to the processing of personal data, including profiling, when the processing is based on a legitimate interest or for statistical purposes, and the objection is justified by the specific situation in which the person finds themselves;
7. not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects for that person or otherwise significantly affects that person, unless the decision is necessary for the performance of the Agreement, is permitted by law or the person has previously given their explicit consent.
10. If the processing of personal data by the Carrier is based on consent, regardless of other provisions of the Agreement or Terms and Conditions, at any time the person whose personal data is being processed has the right to withdraw the consent granted in any form for specific processing purposes. Withdrawal of consent does not affectthe lawfulness of the processing carried out until the consent is withdrawn.
11. In the event that the processing of personal data by the Carrier violates the provisions of the GDPR, the person whose personal data is being processed has the right to lodge a complaint with the supervisory authority, i.e. the President of the Personal Data Protection Office.
12. Criteria for determining the period of personal data storage: The Carrier stores personal data for the period necessary to perform the Agreement and for the period during which it is possible to pursue claims in connection with the performance of the Agreement or the Transport. Notwithstanding the provisions of the preceding sentence, the Carrier also stores personal data for the period during which, pursuant to mandatory provisions of law, the Carrier is obligated to store personal data (e.g., for the purposes of documenting compliance with legal requirements, including enabling public authorities or administration bodies or tax authorities to verify the proper compliance with legal requirements by the Carrier).
13. All personal data storage periods are counted from the date of termination of the Agreement or another event that necessitates the processing of personal data.
14. To the extent necessary to conclude and perform the Agreement or for the Company to fulfill an obligation arising from legal provisions or for statistical or reporting purposes, personal data may be processed in an automated manner, which may involve automated decision-making, including profiling, which may result in legal effectsfor the Passenger or otherwise significantly affect the Passenger's situation or the performance of the Agreement.
15.In justified and necessary cases, the Carrier may disclose personal data to entities based outside the European Economic Area or to international organizations. Personal data will only be transferred to entities or organizations for which the European Commission has determined an adequate level of protection.
XV. Other provisions
1. The titles of the individual sections of the Terms and Conditions are provided for convenience only and have no legal significance and do not affect the interpretation of the provisions of the Terms and Conditions.
2. The Cruise Schedule and the list of Service Fees in the versions current on the date of conclusion of the Agreement constitute an integral part of the Terms and Conditions.


