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General terms for package tours

These terms and conditions for package travel pertain to Tallink Silja Oy as of 1 July 2018. These terms and conditions are based on the mandatory provisions of Directive (EU) 2015/2302 eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32015L2302 of the European Parliament and of the Council on package travel and linked travel arrangements and the Finnish Act on Travel Service Combinations (901/2017) finlex.fi/fi/laki/alkup/2017/20170901, Regulation (EU) No 1177/2010 of the European Parliament and of the Council concerning the rights of passengers when travelling by sea and inland waterway, and As Tallink Grupp’s Standard Conditions of Carriage, Passenger Security Regulations and Travel Terms and Conditions for Individuals. For the purposes of these terms and conditions for package travel, the “ferry company” means Tallink Silja Oy.

1. Scope of application

1.1. Terms and conditions for package travel

These terms and conditions apply to packages that cover a period of at least 24 hours or include overnight accommodation and are purchased primarily for private purposes, comprising at least carriage of passengers and accommodation or other essential additional service in combination of package travel, provided that the package is sold or marketed in Finland.

1.2. Special terms and conditions

The ferry company has the right to introduce special terms and conditions that deviate from these terms and conditions if the introduction of special terms and conditions can be justified due to the special nature of the trip, special regulations concerning the form of transport (such as the terms and conditions applicable to booking and paying for scheduled flights), special terms and conditions applicable to accommodation resulting from the special nature of the trip or special conditions at the destination.

2. Package travel contracts and responsibility for delivering on contracts

2.1. The ferry company is responsible for ensuring that the travel package delivers what has been agreed with the traveller. The ferry company is also responsible for any services they procure from service providers in order to deliver on the contract (such as transport operators and hotels).

2.2. Content of contracts

Each trip must include the services and arrangements that have been agreed between the traveller and the ferry company. The contract must cover all the terms and conditions supplied in writing or electronically before the conclusion of the contract and other information concerning the trip required under the applicable acts and decrees. Tallink Silja Oy will inform the traveller appropriately when the traveller purchases a package within the meaning of EU Directive 2015/2302. In this case, Tallink Silja Oy will be fully responsible for the proper performance of the package as a whole and has, as required by law, protection in place to refund the travellers’ payments and, where transport is included in the package, to ensure the travellers’ repatriation in the event that the ferry company becomes insolvent. Tallink Silja Oy has acquired insolvency protection from the Finnish Competition and Consumer Authority KKV, P.O.Box 5, FI-00531 Helsinki. Visiting address: Lintulahdenkuja 2, 00530 Helsinki. Tel: +358 (0)29 505 3000, e-mail: kirjaamo@kkv.fi. Travellers may contact this entity or, where applicable, the competent authority if services are denied because of Tallink Silja Oy’s insolvency.

2.3. Travel documents and travel insurance

The ferry company must provide the traveller with general information about the travel documents of the destination country prior to concluding the contract. The traveller is responsible for observing the ferry company’s instructions and ensuring that they have the necessary documents for their trip (e.g. passport, personal identity card, visa, travel permits) 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 ferry company has provided all the necessary information, it 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. The ferry company 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 ferry company shall instruct the traveller to obtain sufficient insurance to cover accidents and property damage as well as cancellations.

2.4. Potential safety risks at the destination

The ferry company must inform the traveller of any special risks relating to the trip and the general health regulations in force in the destination country prior to the trip. The traveller is responsible for obtaining any advice specific to their personal health concerns themself. The traveller must be provided with instructions in the event of an illness, an accident or another similar event.

The safety of the traveller while abroad is primarily the responsibility of the traveller themself and the authorities of the country in question. The traveller must take local conditions into consideration in their actions.

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 Institute for Health and Welfare at www.um.fi and www.thl.fi. The traveller must read the information in order to familiarise themself with local conditions at the destination.

2.5. The ferry company’s obligation to provide assistance

If the traveller falls ill, has an accident, becomes a victim of a crime or suffers other losses during the trip, the ferry company will provide the traveller with information on health services, local authorities and consular assistance, help the traveller to make alternative travel arrangements and provide other necessary assistance without undue delay. If the traveller needs assistance during the trip, they must contact the ferry’s info desk, the hotel’s reception or the ferry company’s customer service points https://www.tallinksilja.fi/palvelunumerot. The traveller will bear the costs of these and any other special arrangements required by the circumstances (such as new transport, nights in a hotel) that the ferry company makes to accommodate the traveller’s situation.

If a situation such as that referred to in Section 10.1.c. arises during a trip, the ferry company must provide the traveller with appropriate assistance and take any reasonable steps to limit the traveller’s losses and inconvenience.

The ferry company has the right to charge a reasonable fee for any such assistance provided if the traveller has caused the situation intentionally or through negligence. However, the fee must not exceed the actual costs incurred by the ferry company from providing the assistance.

2.6. The traveller’s responsibilities

2.6.1. The traveller must observe any instructions and orders regarding the execution of the trip given by the authorities, the ferry company or the ferry company’s representatives, read the AS Tallink Grupp Standard Conditions of Carriage and Passenger Security Regulations at and comply with the house rules of hotels and subcontractors.

The traveller is liable for any damage they cause intentionally or through negligence to the ferry company or third parties, for example, by violating the provisions of Section 2.6.1.

2.6.2. The traveller must provide the ferry company with contact details where they may be contacted before and during the trip.

2.6.3. A representative of a traveller group must provide their group with all the information and documents required for the trip and the ferry company with all necessary information and documents concerning the travellers. The ferry company is deemed to have satisfied its duty to provide information by making the information concerning the trip available to the group’s representative and does not need to provide the information to each individual traveller separately.

A representative of a traveller group can make changes to the group’s bookings alone or together with the individual traveller requesting the changes.

2.6.4. The traveller or the representative of a traveller group is responsible for the accuracy of the information they provide to the ferry company, 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 ferry company 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.

2.6.5. The traveller may be held liable for any consequences and/or costs incurred from their use of the services or components included in the package in a manner that violates the package travel contract. For example, failure to use all or part of any transport services included in the package may cause the traveller to lose their right to some or all remaining services.

3. Conclusion of the contract and payment

3.1. The contract becomes binding once the initial payment is made to the ferry company by the given due date.

3.2. The total price of the package must be paid by the due date given by the ferry company or by another agreed due date. Provided that they pay for the package, the traveller is entitled to receive their tickets and other documents relating to their trip well in advance of the trip.

3.3. Booking and payment terms

3.3.1. These booking and payment terms are applied to the bookings made via the ferry company’s call centre, sales offices, check-in, web pages and mobile phone applications, and travel agencies.

3.3.2. These booking and payment terms apply to bookings made for the individual passengers, whereby one booking may include up to 9 passengers.

3.3.3. These booking and payment terms also apply to bookings made via web pages, whereby one booking may include up to 24 passengers.

3.3.4. Bookings can be made and paid via the ferry company’s sales office, check-in, web pages or mobile phone application, at a travel agency, or by calling the ferry company’s call centre.

3.3.5. Bookings can be changed and cancelled via the ferry company’s sales office, check-in, web pages or mobile phone application, at the travel agency where the booking was made, or by calling the ferry company’s call centre.

3.3.6. Bookings cannot be changed or cancelled via web pages or a mobile phone application, unless the booking system in the ferry company’s web pages or mobile phone application specifically allows changes or cancellations to be made.

3.4. Payment for the booking

3.4.1. A booking made in the ferry company’s web pages or mobile phone application must be paid upon making the booking.

3.4.2. A booking made via the ferry company’s call centre, sales office or check-in or at a travel agency must be paid as follows:

a) If the booking was made more than 28 days before departure, it must be paid within 14 days of making the booking.

b) If the booking was made 28 to 14 days before departure, it must be paid no later than 14 days before departure.

c) A booking made 14 days or less before departure must be paid upon making the booking.

d) If the booking was made less than 5 workdays before departure and the payment was made by bank transfer, a check-in employee has the right to demand that the payment be made upon check-in if the payment cannot be seen on the ferry company’s bank account.

e) If the booking includes services provided by a subcontractor who is the ferry company’s partner, such services will be governed by the booking and payment terms of the partner concerned.

4. The traveller’s right to cancel the booking before the start of the trip

4.1. The traveller has the right to cancel their booking at any time before the start of the trip. In such circumstances, the ferry company has the right to charge a cancellation fee as follows:

For route, day or hotel trips on the Helsinki-Tallinn route, fees will be charged for the cancellation of the booking as follows:

a) If the booking is cancelled more than 7 days before departure, a processing fee of €5 will be charged.

b) If the booking is cancelled not more than 7 days and at least 48 hours before departure, a processing fee of €5 and a cancellation fee of 20% of the ticket price will be charged.

c) If the booking is cancelled less than 48 hours before departure, the full ticket price will be withheld as cancellation fee.

4.2. For cancellations of bookings other than those concerning trips indicated in section 4.1. above, fees will be charged as follows:

a) If the booking is cancelled more than 20 days before departure, a processing fee of €10 will be charged.

b) If the booking is cancelled 20-10 days before departure, a processing fee of €10 and a cancellation fee of 20% of the ticket price will be charged.

c) If the booking is cancelled less than 10 days until 48 h before departure, a processing fee of €10 and a cancellation fee of 50% of the ticket price will be charged.

d) If the booking is cancelled less than 48 hours before departure, the full ticket price will be withheld as cancellation fee.

4.3. Travellers who fail to show up for their trip at the appointed time without cancelling their booking or who are unable to attend the trip due to missing documents for which the traveller is responsible will not be entitled to a refund.

4.4. Cancellation costs may differ from those listed in Sections 4.1. and 4.2. in the case of a trip subject to special terms and conditions (Section 1.2.). In such circumstances, the special terms and conditions specify the cancellation costs or how such cancellation costs will be calculated.

5. The traveller’s right to cancel their booking before the start of the trip due to changes made by the ferry company or conditions at the destination

5.1. The traveller has the right to cancel their booking if

a) the ferry company makes substantial changes to the travel arrangements. Substantial changes include, for example, a change in transportation that results in a considerably longer travel time, changes to departure and arrival times that cause considerable inconvenience or extra costs to travellers, for example, due to having to rearrange their transport or accommodation, a change of destination or a change that significantly decreases the standard of accommodation, as well as substantial changes in the nature of the trip; or

b) they have reason to believe that the ferry company’s ability to perform the trip as agreed has been significantly compromised after the conclusion of the contract due to a force majeure circumstance at the destination or in its vicinity, such as war having broken out in the area, other serious security issues, such as terrorism, a natural disaster, such as flooding, an earthquake or weather conditions, workers’ strikes, significant risks to human health, such as the outbreak of a serious disease at the destination, or other similar circumstances, or if the trip cannot be run without endangering the traveller’s health or life for some other unexpected reason.

c) they have strong reason to believe that the ferry company will otherwise fail to deliver on some essential element of the contract.

The traveller’s right to cancel the booking depends on the official view of Finnish authorities on the situation or official reporting by a Finnish mission.

5.2. A traveller who wishes to cancel their booking must communicate their wish to the ferry company without undue delay. A traveller who does not inform the ferry company of their wish to cancel their booking by a reasonable deadline, given in the notice of changes, is deemed to have accepted the proposed changes.

5.3. The traveller’s right to cancel their booking due to price increases is established in Section 8.3.

5.4. A traveller who cancels their booking in the aforementioned circumstances is entitled to a refund of the price of the package without undue delay and in any case within 14 days of the cancellation. However, a cancellation fee will be charged if the traveller was aware of the circumstances referred to in Section 5.1.b. when the contract was concluded.

Travellers who cancel their booking due to the reasons listed in Sections 5.1.a. or 5.1.c. are also entitled to compensation for any amounts they have spent on their trip that have become worthless due to the cancellation unless the changes are due to circumstances that are beyond the ferry company’s or its subcontractor’s control.

6. The traveller’s right to interrupt the trip and terminate the contract during the trip

6.1. The traveller has the right to interrupt the trip if

a) the performance of the travel arrangements is faulty to the point that the trip does not satisfy its original purpose; or

b) a situation referred to in Section 5.1.b. arises during the trip and the traveller was not aware of the conditions at the destination when the contract was concluded.

6.2. A traveller who interrupts their trip or terminates the contract is entitled to a refund of the price of the package and any other payments made to the ferry company. Any services provided by the ferry company that have benefited the traveller (e.g. any portions of a trip consisting of several parts, any meals served during the trip or tickets used by the traveller) will be taken into account when calculating the refund.

6.3. If necessary, the ferry company must arrange and pay for the return journey of any traveller who wishes to terminate the contract on the grounds of Section 6.1.a. In such circumstances, the traveller must be able to return home using the same form of transport as originally agreed and to the same location from which they departed or another location as agreed.

6.4. A traveller who wishes to interrupt their trip due to the circumstances referred to in Section 6.1.b. and whom the ferry company fails to assist in arranging their return journey pursuant to Section 2.5. have the right to make their own arrangements. However, in such circumstances, the traveller must strive to limit the costs and other losses to be borne by the ferry company.

6.5. The traveller’s right to compensation is discussed in Section 16.

7. The traveller’s right to request changes to the contract and transfer the package to another traveller

7.1. The changing of a booking means changing the ferry company’s passenger transport services (including direction and route of the trip, date and time of departure, cabin class, transport of a vehicle) and/or onboard services. Examples of possible changes related to the transport of a vehicle are changes to the height and length of the vehicle.

7.2. Any changes to the personal data in the booking (name, date of birth, nationality, sex and loyal customer number) are not considered a booking change as defined in this section.

7.3. When passenger transport and/or onboard services are changed, the passenger is liable to pay a change fee under these booking and payment terms. In case of services provided by a subcontractor who is the ferry company’s partner, the change dee defined by the party concerned will be charged.

7.4. A booking can be always changed by prior to check-in by paying the fees payable for the changed services according to the ferry company’s price list. In the event of changes to passenger traffic and/or onboard services, the difference in the price of the new services and the originally purchased services will be charged/refunded and a change fee will be charged as follows:

7.5. No change fee will be charged for booking changes that are made more than 21 days before departure. Route, day and hotel trips on the Helsinki–Tallinn route are subject to special terms and conditions (Sections 7.6. and 7.8.).

7.6. No change fee will be charged for changes to route, day and hotel trips on the Helsinki–Tallinn route that are made more than 7 days before departure. No change fee will be charged for changes made to Business Lounge class tickets.

7.7. Trips other than those referred to in section 7.8. below are subject to a change fee as follows:

a) If the booking is changed 20-10 days before departure and the changed booking is cheaper than the original, a change fee of €10 will be charged to the traveller and the price difference will be refunded.

b) If the booking is changed 9 days to 24 hours before the departure and the changed trip is cheaper than the original, the price difference between the original booking and the changed trip will not be refunded.

c) If the booking is changed less than 24 hours before departure, then changing is not possible as to route, departure time, and date.

7.8. Changes to route, day and hotel trips on the Helsinki–Tallinn route are subject to a change fee as follows:

a) If the booking is changed not more than 7 days and at least 48 hours before departure and the changed booking is cheaper than the original, a change fee of €5 will be charged to the traveller and the price difference will be refunded.

b) If the booking is changed not more than 48 hours and at least 45 minutes before departure and the changed booking is cheaper than the original, the price difference between the original booking and the changed trip will not be refunded.

c) The booking can not be changed less than 48 h before the departure.

7.9. If changes are made to cabin services less than 48 hours before departure, the price difference will be withheld as cancellation fee.

7.10. The ferry company reserves the right to charge a processing fee of €5 per one way of the trip if changes are made after check-in. Any changes to the booking must be made before the closing of the check-in. A traveller is always entitled to change the trip prior to check-in by paying the fees payable for the changed services according to Tallink’s price list.

8. Changes to prices

8.1. The ferry company has the right to increase the price of the package and a duty to lower the price after the conclusion of the contract on the following grounds:

a) Changes in transport costs due to fuel and other energy prices; or

b) Changes in taxes or third-party charges that affect the price of the package; or

c) Changes in currency exchange rates that affect the price of the package, determined on the basis of the exchange rate in force six weeks before the start of the trip.

8.2. Price increases must not exceed the increase in costs.

8.3. If the price of a traveller’s package is increased by more than 8% calculated as referred to in Section 8.2. after the conclusion of the contract, the traveller has the right to terminate the contract. The traveller must notify the ferry company of their wish to terminate the contract within one day of the traveller receiving notice of the price increase. Notices sent electronically are deemed to have been received on the day they were sent by the ferry company. If no other evidence can be presented of the date on which a communication was received, notices sent by post are deemed to have been received on the seventh day after they were sent. A traveller who cancels their contract is entitled to be refunded any amounts they have paid without undue delay and in any case within 14 days of the cancellation. The traveller’s right to compensation is laid down in Section 16.

8.4. The ferry company must reimburse the traveller for any decrease in the cost of the package due to the circumstances referred to in Sections 8.1.a-c before the start of the trip. The ferry company has the right to deduct any administrative costs incurred from the refund.

9. Changes to the package travel contract introduced by the ferry company

9.1. The traveller is not entitled to cancel their contract or to receive a price reduction or compensation in the event that the ferry company introduces minor changes to the package travel contract before the start of the trip.

9.2 The traveller is aware that changes to departure and arrival times may be made if weather conditions require such a change with regard to passenger safety on board. Severe weather conditions may also imply that a traveller cannot leave the vessel at the destination and thus may spend the time until the return on board.

9.3. Changes introduced by the ferry company that entitle the traveller to cancel their trip are listed in Section 5.1.

9.4. The traveller has a duty to pay the price of the package and any other agreed charges if the changes introduced by the ferry company are not minor pursuant to Section 9.1. and 9.2 or such that entitle the traveller to cancel the trip pursuant to Section 9.3. However, the provisions laid down in Sections 15 and 16 on the traveller’s right to a price reduction and compensation apply.

9.5. The ferry company must inform the traveller of any changes by means of a durable medium in a clear, comprehensible and prominent manner.

10. The ferry company’s right to cancel or interrupt a trip

10.1. The ferry company has the right to cancel a trip if

a) check-in has not been carried out before departure at the check-in terminal or some other way provided for the purpose;

b) not enough people have signed up for the trip. In this case, the traveller will be informed on the cancellation at least 7 days before the start of the trip in the case of trips lasting from two to six days, or 48 hours before the start of the trip in the case of trips lasting less than two days;

c) the ferry company’s ability to perform the trip as agreed has been significantly compromised after the conclusion of the contract due to a force majeure circumstance referred to in section 5.1.b.

10.2. If a circumstance as referred to in Section 10.1.c. arises during a trip, the ferry company has the right to interrupt the trip and make any other necessary changes to the programme. In such circumstances, the ferry company must after their return home reimburse the traveller without delay for the price paid for any components of their package that were not delivered.

10.3. A ferry company that cancels a trip must refund the traveller within 14 days of the cancellation.

11. The ferry company’s right to terminate a contract

11.1. The ferry company has the right to terminate a traveller’s contract if the traveller fails to pay for all or part of their package by the agreed due date. The due date must be reasonable. The document in which the due date is specified must explain the ferry company’s right to terminate the contract on the grounds of non-payment.

12. Breach of contract and complaints

12.1. The ferry company is deemed to be in breach of contract if

a) the services or other arrangements associated with a trip do not correspond to what has been agreed or what can be deemed to have been agreed; or

b) they fail to provide the traveller with all the information required under the Act on Travel Service Combinations concerning the terms and conditions applicable to the trip, the contents of the package, the necessary travel documents, applicable health regulations, transport links and timetables as well as other necessary information such as instructions in the event that a traveller falls ill, has an accident or encounters other similar difficulty and this can be deemed to have affected the traveller’s decision-making process; or

c) they fail to provide assistance pursuant to Section 2.5.

12.2. A traveller failing to take advantage of some or all of the transport or other services included in the package does not constitute a breach of contract on the part of the ferry company.

12.3. Complaints

A traveller wishing to complain about a breach of contract by the ferry company after the trip must notify the ferry company or the retailer of their complaint within a reasonable period of time from when they notice or should have noticed the breach. If the breach of contract concerns onboard services, the traveller is required to immediately notify the ferry’s info desk of the breach.

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 period of time depends on the duration of the trip, the destination and other factors relating to the nature of the trip.

However, the above does not prevent the traveller from filing a complaint if the ferry company or other subcontractor used by the ferry company for assistance in delivering on the contract has acted with gross negligence or in bad faith.

13. Rectifying breaches of contract

13.1. The ferry company must rectify any breaches of contract immediately or, if immediate remedial 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 ferry company’s possibilities of rectifying the breach.

The traveller may be entitled to a price reduction covering the duration of the breach pursuant to Section 15 and to compensation pursuant to Section 16 despite the ferry company’s remedial action.

13.2. The ferry company cannot be expected to rectify a breach of contract if remedial action is impossible or would result in the ferry company incurring unreasonable costs.

What constitutes unreasonable costs depends on the scale of the breach and the value of the affected travel services.

14. Provision of alternative services during a trip

14.1. If a significant portion of travel services included in a traveller’s package cannot be provided as agreed during a trip, the ferry company must make alternative arrangements to complement the package without the traveller incurring any additional costs. Such alternative services must, where possible, be of at least the same standard as the agreed travel services. The ferry company’ duty to make alternative arrangements also applies in cases where a traveller cannot be returned to their original departure location as agreed.

If the alternative arrangements lower the value of the package compared to what was agreed in the pack-age travel contract, the ferry company must give the traveller an appropriate price reduction.

14.2. The traveller has the right to turn down any alternative arrangements offered if they differ considerably from what was agreed in the package travel contract or if the price reduction offered by the ferry company is not proportionate to the impact of the change. A traveller who exercises their right to turn down alternative arrangements or to whom no alternative arrangements can be offered has the right to an appropriate price reduction and compensation even if they do not terminate the contract. If the traveller’s package includes a return journey home, the ferry company must arrange for the traveller to be repatriated in the manner agreed in the contract without undue delay and without the traveller incurring any additional costs.

14.3. A traveller who turns down alternative arrangements offered by the ferry company without a justifiable reason as referred to above will not be entitled to compensation or a price reduction.

15. Price reduction

15.1. If the ferry company 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 ferry company 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 package. The price reduction depends on the total price of the package 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 ferry company. The ferry company must pay the compensation without undue delay. However, the right to compensation is lost if the ferry company can demonstrate that

a) the breach of contract was due to the traveller;

b) 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;

c) the breach was due to the kinds of unavoidable and extraordinary circumstances referred to in Section 16.8.

16.2. The traveller can be compensated, for example, for any additional costs incurred by them due to a breach of contract and for any amounts they have spent on their trip that have become worthless as well as any loss of income due to a delayed return home, additional costs incurred from having to arrange additional overnight accommodation as well as any loss of enjoyment from the holiday or trip. Compensation for the loss of enjoyment will only be paid in the case of a serious breach of contract by the ferry company.

16.3. The traveller must take any reasonable steps to mitigate their losses. The ferry company 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 sea will be calculated based on the rules or contracts applied by the transport operator to their services. The ferry company’s liability for damages in the context of transport is governed by the applicable 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 and the Finnish Act on Transport by Air (289/1937).

16.5. The amount of compensation payable to the traveller depends on the amount of losses incurred by them and is in all cases limited to three times the price of their package. 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 ferry company 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 traveller’s liability for damages payable to the ferry company is laid down in Section 2.6.1.

16.8. Unavoidable and extraordinary circumstances

The ferry company cannot be held liable for any losses resulting from unavoidable and extraordinary circumstances that are beyond the ferry company’s control and the consequences of which could not have been avoided even if all reasonable steps had been taken. Force majeure circumstances are described in Section 5.1.b.

16.9. If a traveller’s return home cannot be arranged as planned due to unavoidable and extraordinary circumstances, the ferry company has a duty to cover any costs of alternative accommodation, where possible, of the standard specified in the package travel contract in accordance with Regulation (EU) No 1177/2010 concerning the rights of passengers.

17. Booking errors

17.1. The ferry company must without undue delay reimburse the traveller for any losses incurred because of a technical fault in the ferry company’s booking system or an error made during the booking process.

17.2. However, the traveller is not entitled to compensation if the booking error is due to the traveller or the kinds of unavoidable and extraordinary circumstances referred to in Section 16.8.

17.3. Booking errors may be attributable to the traveller, for example, if they provide the ferry company with incorrect or incomplete information concerning themself or the trip. The traveller also has a general duty of care to check all provided documents, such as the booking confirmation letter, and to notify the ferry company of any missing information or mistakes as soon as possible. Any failure by a traveller to check the documents may be considered when calculating the amount of compensation payable to the traveller for any losses incurred.

18. Deduction of compensation paid under other laws

18.1. 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.

18.2. The traveller has a duty to declare any compensation they have received because of breaches of the package travel contract from other parties to the ferry company.

19. Claims for damages

19.1. The procedure for filing complaints concerning breaches of contract by the ferry company is laid down in Section 12.

19.2. Claims for damages must be filed with the ferry company in writing within two months of the end of the trip.

20. Disputes

20.1. If a dispute concerning a package travel contract cannot be settled between the parties, a consumer has the right to refer the case to the Consumer Disputes Board (www.kuluttajariita.fi/en) for resolution. A consumer wishing to refer a case to the Consumer Disputes Board must first contact the Consumer Advisory Services (www.kkv.fi/en/consumer-advice/). A traveller can also file a civil suit in their local District Court.