Terms & Conditions
1. General information
2. Scope of services / booking
3. Request
4. Booking
5. Collection of the transportation fee
6. Rebooking
7. Cancellation
8. Provisions regarding passports, visas, currency and health
9. Modification of the transportation fee
10. Limitation of liability
11. Data protection
12. Applicable law / Place of jurisdiction
13. General Terms and Conditions to the contrary / Severability
1. General information
Ocean24 coordinates transportation services via this internet platform for ferry trips for European routes. Ocean24 itself does not provide any transportation services but acts as an intermediary between passengers and ferry companies. If tickets are booked online, the contract regarding transportation is exclusively concluded between the passenger and the respective ferry company ("Ferry Company"). Therefore, the following terms and conditions apply exclusively to the activity of Ocean24 as intermediary and do not affect the terms and conditions of the transportation service. In this respect, Ocean24 refers to the corresponding General Terms and Conditions of the Ferry Companies.
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2. Scope of services / booking
Passengers can commission Ocean24 with binding effect to obtain transportation services or any other services in connection with the implementation of such transportation ("Booking") on the internet platform.
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3. Request
With a Request (by clicking on the appropriate button), the passenger commissions Ocean24 to submit offers from individual Ferry Companies for a transportation service or any other services in connection with the implementation of such transportation, such offers being of limited duration and corresponding to the passenger's inquiry. Ocean24 is entitled to authorise a third party ("Booking Partner") to act on its behalf for such transactions. The Booking Partner will become active upon request of Ocean24, in particular in the event offers regarding the inquiry cannot be prepared online and automatically (e.g. in case the passenger's vehicle is unusually large or in case of a shortage of transportation capacity).
The validity of the offers submitted to the passenger following his inquiry pursuant to para. 1 are limited in time. The passenger may accept such offers within the individually determined period by booking the offer (by clicking on the appropriate button). If the passenger declares acceptance of the offer after expiry of the period mentioned in the offer, such acceptance shall still be deemed to be a Booking pursuant to section 2 (b). In the event no offers for a transportation service or any other services in connection with the implementation of such transportation which corresponds to the inquiry are available, Ocean24 or its Booking Partner shall inform the passengers accordingly.
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4. Booking
Upon conclusion of a Booking (by clicking on the appropriate button) the passenger commissions Ocean24 to obtain a transportation service or any other services in connection with the implementation of such transportation. Ocean24 is entitled to have such commission carried out by a third party ("Booking Partner"). The Booking Partner will become active upon request of Ocean24, in particular in the event offers regarding the inquiry cannot be prepared online and automatically (e.g. in case the passenger's vehicle is unusually large or in case of a shortage of transportation capacity). By making the Booking, the passenger authorises Ocean24 and its Booking Partner to offer to conclude a transportation contract with a Ferry Company regarding the transportation so requested on behalf of such passenger. By making the Booking, the passenger furthermore authorises Ocean24 or its Booking Partner to declare acceptance of the aforementioned offer by the Ferry Company on behalf of the passenger.
Ocean24 may authorise the Ferry Company to contact the passengers directly to conclude the transportation contract.
The passenger shall be obliged to check the booking confirmation received by him immediately with regard to the correctness of the data and, if appropriate, to inform Ocean24 or its Booking Partner of any incorrect data or deviations. Any reference made in respect of incorrect data or deviations after the expiry of a period of 24 hours following receipt of the booking confirmation by the passenger cannot be taken into consideration. In particular, incorrect data and/or deviations pointed out after the expiry of the aforementioned period do not constitute any right to withdraw from the contract or to reduce the price.
Ocean24 or its Booking Partner shall be responsible for the delivery of the tickets. The tickets for the ferry passage will, as a rule, be delivered to the passenger by mail. Ocean24 or its Booking Partner shall stipulate any exceptions and will inform the passenger accordingly. Ocean24 will not accept any liability for the loss of tickets or travel documents.
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5. Collection of the transportation fee
Ocean24 does not charge any fees to the passenger for the transaction of the transportation service provided in accordance with these General Terms and Conditions. If and to the extent Ocean24 charges a transaction fee to the Ferry Company, such fee is already included in the price of the transacted transportation service. However, Ocean24 reserves the right to charge such fees in the future.
The transportation fees are payable by credit card (Master Card, Visa or American Express).
Ocean24 and its Booking Partner are entitled, and the passenger explicitly authorises Ocean24 and its Booking Partner, to collect the due transportation fee on behalf of the Ferry Company, including via the passenger's credit card.
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6. Rebooking
The terms and conditions concerning any alteration of the booking of the transportation service are exclusively determined by the terms and conditions of the Ferry Company in question. The rebooking does not form part of the activities of Ocean24.
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7. Cancellation
The passenger may cancel his booking before the start of the journey. The incurring of cancellation fees depends on the point in time of the cancellation as well as on the individual Ferry Company. Details in the case of a cancellation in this respect are subject to the provisions of the individual Ferry Company.
Irrespective of para. 1, Ocean24 may, in the case of a cancellation, charge a processing fee in the amount of EUR 15 of the transportation fee.
If and to the extent the transportation services have already been paid, the paid amount will, in the case of a cancellation, be refunded to the passengers deducting the sums mentioned in para. 1 and para. 2 hereof, if appropriate.
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8. Provisions regarding passports, visas, currency and health
Regarding any and all information and indications furnished by Ocean24 or its Booking Partner in accordance with the above provisions, Ocean24 and, if appropriate, its Booking Partner assume that the passenger is a citizen of a Member State of the European Union. In the event it is not communicated to Ocean24 and, if appropriate, its Booking Partner that the passenger has other citizenship, Ocean24 and, if appropriate, its Booking Partner, nevertheless, assume that the passenger will observe all necessary provisions as to passport, visa, currency and health for travel to, and possibly entry into, the destination country.
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9. Modification of the transportation fee
Ocean24 and, if appropriate, its Booking Partner are entitled to increase the transportation fee on behalf of the Ferry Company if the price components listed hereinafter are foresee ably increased and/or newly incurred after conclusion of the contract due to circumstances beyond the control of Ocean24 and/or its Booking Partner or Ferry Company: currency exchange rates, transportation tariffs and prices (in particular in connection with an oil price increase), official fees or official levies. The fee increase, however, is only admissible if the period between the conclusion of the contract and the start of the transportation service is longer than three months. The transportation fee may only be increased to an extent which corresponds to the increase of the aforementioned price components. Ocean24 is obliged to notify the passenger of the reasons and the extent of the price increase upon request.
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10. Limitation of liability
For the furnishing of information concerning the transportation services, Ocean24 or its Booking Partner have to rely on the information they receive from the Ferry Companies. Ocean24 or its Booking Partner have no opportunity to check the correctness of such information. Ocean24 and, if appropriate, its Booking Partner, do not therefore, give any guarantees or warranties vis-à-vis the passenger with regard to the correctness, completeness or relevance of such information. The same applies to other information contained on this webpage which has been provided by third parties, in particular also to provisions regarding passports, visas, currency and health. This limitation of liability furthermore applies to the content of the webpages to which the Ocean24 website has a hyperlink.
Ocean24 and, if appropriate, its Booking Partner are, except in the following three instances, not liable for the availability of the transportation service at the time of booking or for the performance of the booked transportation service.
Ocean24 and, if appropriate, its Booking Partner are only liable in the following cases:
(i) in the event of a failure to comply with a fundamental duty (cardinal duty) resulting from or in connection with the commission between the passenger and Ocean24 or its Booking Partner;
(ii) in other cases, in the event of a breach of contractual obligations but only if such breach is deliberate or due to gross negligence on the part of Ocean24 or its Booking Partner or their legal representatives.
(iii) In case of initial inability, delay and impossibility, Ocean24 is only liable for contract-related and foreseeable losses, and only up to the amount of the value of the booked transportation service.
The liability of Ocean24 or its Booking Partner is excluded in all other cases.
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11. Data protection
In order to be able to transact the transportation contract between the Ferry Company and the passenger, Ocean24 collects, stores and processes personal data of the passenger, such as name, address and e-mail address, and transmits such data to its Booking Partner and the Ferry Company if and to the extent permitted by law and to the extent required for the fulfilment of Ocean24's contractual obligations vis-à-vis the passenger. In order to guarantee that the personal data of the passenger is correct and up-to-date, the passenger may check and update his customer data at any time.
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12. Applicable law / Place of jurisdiction
This agreement shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany.
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13. General Terms and Conditions to the contrary / Severability
The General Terms and Conditions of Ocean24 shall apply exclusively. Ocean24 does not accept any passengers' terms and conditions to the contrary or terms and conditions deviating from the General Terms and Conditions of Ocean24 unless Ocean24 has given its explicit approval of the applicability of such terms and conditions in writing.
Should any provision of this agreement be or become invalid, the validity of the agreement in all other respects shall not be affected. The invalid provision shall be reinterpreted or amended or replaced in such a way as to reach the economic purpose intended by the respective provision to the widest possible extent. The same shall apply if a gap should be found to exist during the implementation of the agreement, which gap shall be rectified. The contracting parties shall make any necessary amendments, supplements or adjustments to the agreement in the spirit of cooperation and with consideration for their rectified joint economic interests.
22.01.2008
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