General Terms Of Carriage (GTC)

for the voyages with ships by FRS Portugal Unipessoal LDA

Registration for Maritime Tourism Activities No. 276/2021

 

General Provisions

§ 1

Journey Contract And Fees

§ 2

Tickets

§ 3

Rebooking, Cancellation And Schedule Changes

§ 4

Increased Fare

§ 5

Duties Of FRS

§ 6

Duties Of The Passenger

§ 7

Luggage

§ 8

Carriage Of Dogs

§ 9

Exclusion From The Trip

§ 10

Special Trips

§ 11

Discount Offers

§ 12

Exclusion Of Liability By FRS And Reimbursement

§ 13

Choice Of Law And Place Of Jurisdiction

§ 14

 

§ 1 General Provisions

These General Terms of Carriage (hereinafter referred to as "GTC") apply to all regular journeys by FRS Portugal Unipessoal LDA (hereinafter referred to as "FRS") and - where indicated - to special journeys by FRS. Upon conclusion of the contract, the GTC become part of the travel contract; the Passenger accepts them as binding.

 

§ 2 Journey Contract And Fees

  1. The journey contract comes into effect when the Passenger makes a booking and FRS sends the booking confirmation, in any case no later than when the ticket is handed over. This also applies to online bookings.
  2. A right to transportation exists only for the trip specified on the ticket. If Passengers have to be excluded from the journey due to lack of space, the fare paid shall be refunded to them, unless FRS can offer the Passenger a suitable alternative. Further claims of the Passenger are excluded.
  3. If the ticket is used on a trip other than the designated one, transportation will be provided only if there is sufficient capacity. The duration of ticket validity is governed by the General Tariff Regulations (hereinafter “GTR”). The travel contract does not include a right to a seat.
  4. The fees must be paid before the start of the journey. The fare is due upon conclusion of the contract in accordance with Section 1. The applicable Passenger transport tariffs and fare conditions are published on the website and in the offices of FRS in the form of the General Tariff Regulations (hereinafter referred to as "GTR").

    In addition to payment in cash or by voucher at the immediate place of departure, the Passenger also has the option of paying by credit card or debit card when booking online. There is no right to card payment in the ports. The Passenger assures to ensure the coverage of the account. Costs incurred due to non-redemption or chargeback shall be borne by the Passenger, unless the non-redemption or chargeback was caused by FRS.

  5. When claiming discounts, proof of entitlement must be provided at the time of purchase at the ticket counter or when checking the ticket. It is not possible to combine discounts.
  6. In exceptional cases, tickets and/or vouchers can be sent by post. A postage and handling fee of € 4.00 will be charged for this. The dispatch of online tickets via e-mail is free of charge.
  7. Refunds of fares as well as reimbursement services will be arranged by FRS, if possible, in favor of the means of payment indicated at the time of booking.

 

§ 3 Tickets

  1. Tickets are transferable only in accordance with the GTC.
  2. Reservation confirmations and tickets must be checked for correctness upon receipt. Any discrepancies must be reported to FRS immediately so that a correction can be made. If no complaint is made, FRS may assume that the documents have been prepared correctly.
  3. The Passenger is obliged to show the ticket at any time on demand of FRS or its employees or authorized persons. Check stubs may only be detached or validated by someone authorized by FRS. Damaged, incomplete or lost tickets lose their validity. This also applies to tickets with QR or bar codes where the code is no longer legible through the fault of the Passenger.

 

§ 4 Rebooking, Cancellation And Schedule Changes

1. Rebooking of date or time of a regular trip is possible at any time up to 24 hours before departure free of charge by stating the booking number. For special trips § 11 applies.

2. In case of rebooking less than 24 hours before departure, a rebooking fee of 10% of the fare is due immediately.

3. The Passenger is entitled to withdraw from the journey contract at any time until the start of the trip. If the Passenger withdraws from the journey contract, FRS is entitled to charge a lump-sum compensation fee according to the following table:

Up to 24 hours before departure

No fee

Less than 24 hours before departure

10% of the fare

The Passenger is allowed to prove that FRS has suffered less or no damage at any time.

4. FRS reserves the right to withdraw from the contract in the following cases:

a. Cases of force majeure and events of equal importance (e.g. weather conditions, epidemics, pandemics, failure of port facilities, strikes, accidents and similar events). These lead to the termination of the contract under waiver of the assertion of mutual claims for damages; the obligation to pay the trip fee is cancelled, already paid trip fees will be refunded.

b. In case of special trips according to § 11, especially in cases where the minimum number of participants is not reached. The withdrawal of FRS leads to the termination of the contract under waiver of the assertion of mutual claims for damages; the obligation to pay the fare is cancelled, already paid fare will be refunded.

 

§ 5 Increased Fare

If a Passenger is found without a valid ticket, an increased fare of €60.00 (sixty euros is to be paid immediately. This also applies in case of claiming a fare reduction, the conditions of which are not met by the Passenger. The provisions of sentences 1 and 2 shall not apply if the Passenger fails to obtain a ticket or a discount certificate for reasons beyond the Passenger's control. If the Passenger is able to present a valid ticket purchased prior to the start of the journey at an FRS ticket office within one week from the date of the determination, the increased fare is reduced to an amount equal to €7.00 (seven euro).

 

§ 6 Obligations Of FRS

  1. FRS undertakes to carry out the trip with a ship that complies with the legal safety regulations.
  2. In case of changes in the schedule, the Passenger's trip will be carried out on the next departure with free capacity.

 

§ 7 Duties Of The Passenger

  1. The Passenger is obliged to follow all the instructions of the ship's management or any other person authorized by FRS.

  2. The Passenger is prohibited from soiling or damaging the ship's rooms, equipment or objects, from improperly operating or damaging safety equipment or from throwing objects of any kind off the ship.

  3. Passengers are required to be ready for boarding at least 20 minutes before the start of the trip in accordance with the schedule.

    Travel groups are required to report to the local FRS ticket office or directly on board at least 30 minutes prior to the departure of the vessel through their leader. If the Passenger fails to comply with the specified times, FRS is not obligated to operate the cruise.

  4. Hand luggage is to be stowed, stored and supervised on board the vessel by the Passenger.

  5. All FRS ships are non-smoking ships. The Passenger undertakes to smoke exclusively on designated places on the outside deck, insofar as this is approved by FRS for the respective ship/trip area. This also applies to e-cigarettes and other comparable surrogates.

  6. Irrespective of information and publications of FRS, the Passenger is obliged to inform themselves about possible trip cancellations and delays or schedule adjustments via the channels provided by FRS for this purpose as well as by checking their e-mails of the deposited e-mail address (including the spam filter) and/or SMS until the start of the trip.

  7. The Passenger shall be liable to FRS for any damage for which they are responsible.

 

§ 8 Luggage

  1. FRS is obliged only to transport the Passenger and his usual hand luggage. Luggage that is heavily contaminated or may injure, obstruct, harass or cause damage to other Passengers is excluded from the trip. In cases of doubt, the ship's management will decide. Luggage may not be placed in the aisles and escape routes or on seats. In all other respects, § 7 No. 1 applies.
  2. Weapons, inflammable, corrosive, poisonous, explosive or malodorous objects and/or substances and those which may be a nuisance to other Passengers, as well as objects and/or substances whose possession or transport is prohibited or punishable, are excluded from the trip. If Passengers cannot immediately prove the harmlessness of the substance or object, § 10 No. 1 shall apply. If such substances or objects are only discovered during the voyage, the ship's management may take possession of them, store them and disembark them at the next port at the Passenger's expense.

 

§ 9 Carriage Of Dogs

1. FRS reserves the right to exclude dogs from the cruise especially for the following reasons:

a. In case of possible danger to the safety of persons or the ship,

b. In case of annoyance of other Passengers by the animal,

c. If the owner of the animal does not fulfill their duty of supervision.

Other (domestic) animals are excluded from the trip. Furthermore, dogs are not allowed on seats. Dogs must be kept on a leash and must be muzzled if instructed to do so by staff or if required by law.

 

§ 10 Exclusion From The Ride

1. Persons who pose a danger to the safety or order of the company or to the Passengers may be excluded from the ride. This applies in particular to

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

b. Passengers who are unable to participate in the trip due to contagious disease, without the Passenger having declared his withdrawal before the start of the journey,

c. Passengers who do not fulfill their obligations according to §§ 7, 8, 9 of these GTC (even after the order of the ship's management).

2. Children before the age of 6 who are not of compulsory school age may be excluded from the trip, unless they are accompanied on the whole trip by persons who have reached the age of at least 16.

3. If a Passenger is excluded from the trip for the above-mentioned reasons, there is no entitlement to a refund of tickets already paid. Any further compensation is excluded.

 

§ 11 Special Trips

  1. Special Trips are all trips that are specially marked and advertised as Special Trips. There is a minimum number of participants. If the minimum number of participants is not reached, FRS reserves the right to withdraw from the contract, see § 4 no. 3b of these GTC.
  2. Only § 1, § 2 No. 1, 2, 4, 6, 7, § 3 No. 2, 3, § 4 No. 4, § 5, § 6 No. 1, § 7, § 8, §§ 10 -11 and § 13 apply to Special Trips.
  3. In the case of Special Trips, the Passenger has no right to cancel, return, rebook or transfer the tickets. Furthermore, there is no right of withdrawal.
  4. FRS is not obligated to transport animals on Special Trips.

 

§ 12 Discount Offers

  1. Where offered, tickets for trips within the regular schedule may be purchased at special conditions ("Discount Offers"). The regular schedule can be viewed on the FRS website. Discount Offers will be specially advertised.
  2. Only § 1, § 2 no. 1, 3, 5, 6, 7, § 3 no.2, 3, § 4 no.3, 4, §§ 5 - 10, and §§ 12-14 apply to Discount Offers.
  3. In the case of trips purchased for Discount Offers, the Passenger has no right to cancel, return, rebook or transfer the ticket. Furthermore, there is also no right of withdrawal. Trips purchased on Discount Offers cannot be combined with other tickets, far reductions, other Discount Offers or Special Trips. They are only valid within the designated period.

 

§ 13 Exclusion Of Liability Of FRS And Reimbursement

  1. Claims of the Passenger for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by FRS, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract. In case of breach of essential contractual obligations, the liability for damages in case of simple negligence of FRS, its legal representatives or vicarious agents is limited to the foreseeable, typically occurring damage.
  2. Any reimbursement of third-party services shall be made exclusively in accordance with the statutory provisions and these GTC and only upon presentation of corresponding original receipts.

 

§ 14 Choice Of Law And Place Of Jurisdiction

  1. All contracts between FRS and the Passenger shall be governed by Portuguese law, unless otherwise provided by mandatory law.
  2. The place of performance of the obligation of FRS is in Lisbon.
  3. The exclusive place of jurisdiction for disputes arising from the contract shall be Lisbon, Portugal, unless another place of jurisdiction is opened due to mandatory applicable law.