Terms and conditions
Table of contents
1. DSHAB 2021/NSAB 2015
2. Norwegian Maritime Code of 24 June 1994 No. 39
3. Prices
4. Carrying Vessel
5. Receipt
6. Payment
7. Withdrawal
8. Check-in
9. No-show-fee
10. Vehicle instructions
11. Personal Valuables
12. Securing of cargo
13. Extraordinary units
14. Dangerous Goods
15. High Value Transport
16. Used/Unregistered Vehicles
17. Electric plug-in
18. Storage
19. Safety
20. ISPS
21. Damages
22. Cancelations, Changes, Delays and Consequential Loss
23. General Average
24. Claims
25. Law and Jurisdiction
26. Compliance with laws, trade sanctions and export control regimes
27. Insurance
28. Transport of seafood and products subject to run-off water.
29. Miscellaneous
1. DSHAB 2021/NSAB 2015
Color Line is member of Danske Havnevirksomheder. All services rendered are subject to the General Conditions of Danske Havnevirksomheder 2021 (DSHAB). In situations where DSHAB 2021 cannot be applied but the service rendered are subject for NSAB2015’s field of application, NSAB2015 must be applied.
2. Norwegian Maritime Code of 24 June 1994 No. 39
For transportation of goods under contracts such as Waybills, Bills of Lading or equivalent, The Norwegian Maritime Code of 24 June 1994 no. 39 as amended will apply.
In case of a conflict between Color Line’s Terms and Conditions and the Norwegian Maritime Code, the provisions of the Norwegian Maritime Code of 24 June 1994 no. 39 as amended will always take precedence.
SDR means the special drawing rights established by the International Monetary Fund. The value of 1-one SDR (also known as XDR) is published on banks daily lists of foreign exchange rates.
Color Line as carrier is entitled to limit its liability or disclaim any liability that may lawfully be excluded under these rules. These include and are not exclusive to the following sections:
- Section 274 - Period of responsibility
The carrier is responsible for the goods while they are in its custody at the port of loading, during the carriage, and at the port of discharge. The carrier is no longer considered to have custody of the goods when the carrier has delivered the goods to the receiver.
- Section 275 - Liability for cargo damage
The carrier is liable for losses resulting from the goods being lost or damaged while in its custody on board or ashore, unless the carrier shows that the loss was not due to a fault or neglect on the part of the carrier or anyone it is responsible for.
- Section 277 - Liability for live animals
The carrier is not liable for loss of or injury to live animals arising from the particular risks inherent in such carriage.
- Section 279 - Calculation of damages for property damage
Damages for loss of or damage to the goods are calculated based on the value of goods of the same kind at the place and time when the goods were or should have been delivered according to the contract of carriage.
- Section 280 - Limits of liability
The carrier’s liability shall not exceed 667 SDR for each package or other unit of the goods or 2 SDR for each kilogram of the gross weight of the goods lost, damaged or delayed. The limit of liability which results in the highest liability shall be applied.
- Section 288 - Notice of damage or loss
If the goods have been delivered and the receiver has not notified the carrier in writing of any loss or damage which the receiver had or ought to have discovered, and of the nature of the loss or damage in question, all goods are, where nothing to the contrary is proved, regarded to have been delivered in the condition described in the transport document. If the loss or damage was not apparent at the time of delivery, the same applies if written notice is not given at the latest 3-three days after the delivery.
Written notice is not required in respect of loss or damage which is ascertained in a joint inspection of the goods.
- Section 501 - Time bars
For a claim for damages for loss of or damage to or in connection with goods or for incorrect or incomplete statements in a bill of lading, one year from the day on which the goods should have been delivered or were delivered.
The carriage of vehicle drivers and their baggage is regulated by current Passenger Terms and Conditions and the Norwegian Maritime Code dated 24 June 1994 No. 39 as amended.
For further information please see “Useful documents and links” under https://www.colorline-cargo.com/terms-and-conditions.
3. Prices
Color Line reserves the right to amend the prices and times listed at www.colorline-cargo.com.
Color Line also reserves the right to amend prices due to fluctuations in currency rates (CAF), fuel prices (BAF), taxes and duties, and to change the travel plans and routes for all Color Line ships.
4. Carrying Vessel
Color Line is entitled to perform the transport by use of a different vessel than stated at the time of booking.
5. Receipt
No tickets will be sent to you. Your e-mail receipt is your written confirmation that the ticket(s) with the stated information has been booked with Color Line Cargo. Keep this information in a safe place, as you will need it if you want to change/cancel the reservation(s).
6. Payment
Shipping documents or boarding cards will be issued at the check-in counter on the departure date. Generally, Color Line Cargo does not give credit on shipment. For customers who have been given credit, the general term is payment due on the 14th the following month.
7. Withdrawal
Any credit account or quoted rate may at the discretion of Color Line Cargo be withdrawn at any time. The withdrawal is valid for future consignments and notice will be given to the customer in advance.
8. Check-in
Vehicles with drivers must be presented and ready for shipment at least 60 minutes before vessel departure (Sandefjord – Strömstad at least 30 minutes before vessels departure). Other cargo units must comply with the terms in the Conditions of Transport or special conditions in the respective ports. If delivered later than 60 (30) minutes before departure, Color Line is entitled to perform the transport by use of a different vessel/departure time than stated at the time of booking.
Unaccompanied units must be presented and ready for shipment at least 120 minutes before vessel departure. If delivered later than 120 minutes before departure, Color Line is entitled to perform the transport by use of a different vessel/departure time than stated at the time of booking. Empty unaccompanied units will be shipped on space available terms.
Check-in will close 15 minutes before departure.
The latest delivery time for cars and other export vehicles is 4 hours before departure, and the earliest delivery time is the day before departure, always within our opening hours.
9. No-show fee
No-show fee is charged by Color Line Cargo for confirmed bookings that do not show up before departure. To avoid the charge, you must cancel or change your confirmed booking 1 hour before the current departure.
10. Vehicle instructions
Vehicle drivers are responsible for leaving their vehicles at the place instructed onboard the vessel. Likewise, vehicles must be left secured by the hand brake, in lowest gear as well as properly locked.
All driving whether ashore or onboard the vessel is done at the driver’s own risk and without liability to Color Line, unless negligence or fault on Color Lines part can be proved.
11. Personal Valuables
Personal items carried onboard such as cash or equivalent, bonds or other valuables such as gold, silver, jewels, art objects and similar items are not Color Line’s responsibility unless the items are received by Color Line for safe storage. It should be noted that storage in locked cabinets in the common area is not considered a part of Color Line’s safe storage.
12. Securing of cargo
All cargo goods on/in vehicles or ro-ro units must be properly secured according to sea transport regulations. All units must be equipped with lashing hooks.
13. Extraordinary units
For transport of extraordinary units, rates will be given on request. Sea freight rates for agricultural- and industrial machinery will be given on request. For units with a width of over 2,60 m, a surcharge will be added on the sea freight:
- 2,61 – 3.00 m: + 25%
- 3.01 – 3,25 m: + 50%
- 3,26 – 3,75 m: + 75%
- 3,76 – 4,25 m + 100%
For widths over 4,25 m, freight rates given on request.
For heavy weight units (total weight above 60 metric tons), a heavy weight surcharge of + 100% will be added to the base sea freight. The unit/cargo must be approved by the ramp manufacturer, crew and ship.
14. Dangerous Goods
Firearms, ammunition, explosives or other dangerous goods are not allowed onboard without Color Line’s prior written approval. Dangerous goods are accepted according to IMDG regulations for freight on combined passenger and freight ships. Dangerous goods that comply with these regulations will be surcharged with an additional fee.
Specifications referring to the IMDG code, UN-number, class number and packing group must be received before we can confirm shipment. Dangerous goods shall be labeled according to governing regulations, and the vehicle must bring a “Dangerous Goods Declaration” and a “Container Packing Certificate” and be marked in accordance to the IMDG code.
Note: Units carrying dangerous goods must be delivered to port at least 4 hours before departure. Dangerous goods declarations related to a booking must be sent to port of departure within 24 hours before departure. If Color Line does not receive declarations before check-in, an additional fee of NOK 1050 will be surcharged – if we still are capable to take the unit on board.
Note: Empty uncleaned tank units are classified under the IMDG code. If the customer willfully gives incorrect information regarding dangerous cargo, Color Line reserves the right to take legal action.
Note: All units carrying dangerous goods must be marked according to the requirements written in the IMDG-code. If your unit are missing any label this can be bought in our counters before departure. Color Line can also assist with placing / covering old labels for a fee.
Note: Units carrying dangerous goods cannot be delivered outside our opening hours.
15. High Value Transport
For transportation of cash, bank notes or other forms of currency, bullion, works of art, precious or rare metals or stones, plate or other objects of a rare or precious nature, specie, bonds or other negotiable instruments, special conditions will apply. Such goods are accepted for carriage solely at the risk of the Shipper. Please refer to the document Disclaimer High Value Transport, see “Useful documents and links” under https://www.colorline-cargo.com/terms-and-conditions.
16. Used/Unregistered Vehicles
- Commercial vehicles older than 7 years will not be accepted for shipment.
- Passenger cars older than 10 years will not be accepted for shipment. (Exceptions (including vintage/old timer vehicles) to be approved by EVP Cargo).
- The vehicle must be approved for road use.
- The vehicle must start by using the ignition key. Breaks should be in good working condition.
- No loose parts, private or commercial items inside and/or attached to the vehicle.
- Extra set of tires can follow passenger cars if placed inside the car and documented in the export/import documentation.
- The vehicle must be reasonably clean inside and outside.
- The vehicle should have no leakage, including hydraulic liquids, oil, fuel etc.
- The vehicle should have sufficient fuel for loading and discharge.
- Unless export/import documentation is made by Color Line. Documentation must be completed before delivery of the vehicle to Color Lines terminals.
- The vehicle must have a confirmed booking before delivery to Color Lines terminals.
- The earliest delivery time is the day before departure, and the latest delivery time is 4 hours before departure, always within our opening hours.
- The vehicle should have displayed a A4 sheet on the dashboard inside the windshield with name of shipper corresponding with the booking.
- All keys should be stripped together including nametag with vehicle brand, color and win number.
- Color Lines terms and conditions apply. Color Line recommend all shippers to have in place a transport insurance before delivery of the vehicle to Color Line terminals.
- Vehicles that experience loading/unloading difficulties spills/leakage and so forth will be subject to extra costs.
- Color Line is not responsible for dents, scratches or other minor damages to vehicles, the condition report will only record major damages.
- Vehicle registration certificate should be placed in the glove compartment.
17. Electric plug-in
Information regarding the need for electric plug-in on the transport unit for the voyage must be advised at time of booking. If there is a need for the transport unit to be plugged in at the departure/arrival terminal an email clarifying this must be sent to Color Line Cargo, whereupon a confirmatory email or information from the booking system will be sent.
The transporter is responsible for bringing the necessary cables. Flexible leads may be purchased from our freight expeditions. The transporter is solely responsible for and must insure that the refrigeration/heating unit is already switched on and set at the correct set-point temperature at the time of delivery. The temperature set-point will not be adjusted by Color Line.
Color Line as carrier shall in no circumstances be liable for consequences arising from
- any failure of the transporter to correctly plug in the refrigeration/heating unit.
- any failure of the transporter to set the correct temperature on the refrigeration/heating unit.
- any malfunctioning of the refrigeration/heating unit attached to the transport unit.
18. Storage
Units unloaded at our terminals may remain for an additional 1 day after the date of arrival free of charge. Thereafter, storage for owners’ risk will be charged for each additional day.
Note: Unaccompanied units that arrive at the Port of Hirtshals will be moved over to the public area “Godsbanen” directly after arrival. The area is under surveillance by The Port of Hirtshals, and the gates will be locked between 23:00 and 07:00. Color Line will control the unit for any damages before deployment and any notations / remarks will be added to the corresponding Damage / Interchange Report. The units are parked outside the ISPS area for the owner's own risk and expense.
Note: In the port of Oslo you cannot deliver or pick up units carrying dangerous goods outside our opening hours.
19. Safety
Drivers should at any time follow and adhere to Color Lines applicable disease prevention regulations at time of boarding and when onboard. Applicable rules can be found here: https://www.colorline-cargo.com/practical-information/coronavirus-covid-19-information
Contract holders are responsible for communicating and instructing drivers to follow given rules. At check inn Color Line will in addition communicate same to each driver.
Breach of safety and disease prevention rules can result in refusal to board and/or a permanent ban from Color Lines vessels.
20. ISPS
Color Line AS will give admission to the terminals according to the requirements given in the ISPS-code part A. The following points state the minimum requirements for admission to the ISPS-controlled area:
- The driver must carry a valid ID.
- Valid transport documents must accompany the unit.
- Transport to the terminal must be executed in a way that ensures that no unauthorized persons have had unnoticed access to the cargo.
- Transport to the terminal must if possible be carried out without unnecessary delays. Unsealed or unlocked units must not be left without supervision.
- Any indication of unauthorized access to the cargo or the cargo unit must be reported to the shipper and the consignee.
- When permission has been given to enter the controlled area, the driver must follow the requirements for admission and traffic on the ISPS-controlled area.
- It is assumed that the driver is aware of the above requirements, and that the transport has been executed according to the requirements above. The driver must sign in at the entrance to the terminal and state that he will follow these requirements.
- The transporter/driver accepts that ISPS-inspection may be carried out on the unit without advance warning and must be willing to give the inspector access to the unit. The inspector must in these circumstance present valid ID.
21. Damages
Units accompanied by driver: Any damages must be reported immediately to the ship’s officer before disembarking from the vessel.
Units not accompanied by driver and general cargo: Any damages must be reported to Color Line Cargo staff in charge at the terminal/quayside and noted on the Damage/Survey report or Interchange Report as applicable.
22. Cancelations, Changes, Delays and Consequential Loss
- Color Line as carrier reserves the right to cancel any sailing, in which case the freight for the carriage will be refunded in full.
- Color Line as carrier reserves the right to change schedule dates, times, port of call or otherwise diverge from the published itinerary.
- Color Line as carrier shall in no circumstances accept liability for direct, indirect or consequential loss or damage, or loss of profits including, but not limited to, any such losses caused by the delay of delivery.
- Without prejudice to the foregoing, if Color Line as carrier should nevertheless be held legally liable for any such direct, indirect or consequential loss or damage caused by delay, then Color Lines liability shall be limited to the freight for the carriage or the value of the goods as determined in section 279 of The Norwegian Maritime Code of 24 June 1994 no. 39, whichever is the lesser.
23. General Average
General Average is to be adjusted in Oslo according to the York-Antwerp Rules of 1994 and later amendments.
24. Claims
All claims are considered in accordance to current Terms and Conditions and The Norwegian Maritime Code of 24 June 1994 no. 39, Chapter 13 - Carriage of General Cargo. Here you will find information regarding liability in general, period of liability, liability limits, notice of damage or loss, time bars, etc. For further information please see “Useful documents and links” under https://www.colorline-cargo.com/terms-and-conditions.
Please note that:
- Color Line as carrier can limit or disclaim any liability that may lawfully be excluded under the above rules.
- Claims of any kind against Color Line must not be offset against any freight/payment due to Color Line under these terms.
- Claimants are always expected to mitigate any losses.
- Invoiced claims received without prior notice of claim or processing will not be accepted by Color Line and will be returned.
NOTICE OF CLAIM:
Written Notice of Claims must be sent without undue delay to Color Line by e-mail to forsikring@colorline.no or by letter to Color Line Marine AS, c/o Claims department, PO Box 2090, N-3202 Sandefjord, Norway, and must include:
- Name of the carrying vessel + route/departure date.
- Damage date + Description of event/damages.
- Unit registration/chassis no. etc.
- Copy of signed damage/survey/interchange report + any pictures if available.
VALID CLAIMS:
Valid claims will only be accepted where:
- it can be clearly demonstrated that the loss or damage occurred while the cargo unit was in Color Line’s custody.
- the loss or damage was caused by a fault or neglect by Color Line, its servants or agents.
- the claim is supported by documentary evidence, specifically copy of the paid repair invoice and/or documented estimate of the repair/replacement costs.
CLAIMS PROCESSING AND SETTLEMENT:
Please note that the processing of claims may take longer during National Holidays, vacation/peak seasons and/or if it is necessary to obtain additional information.
As soon as the claim has been processed Color Line will send a written confirmation of the outcome. Where the claim has been accepted Color Line will give information on correct invoice details and references for accepted amount ex vat, for quick and easy settlement.
25. Law and Jurisdiction
All disputes/lawsuits arising out of the contract of carriage will be subject to Norwegian Law and may only be brought against Color Line AS, PO Box, 1422 Vika, N‐0115 Oslo, and be determined by exclusive jurisdiction of the Oslo City Court which the parties deem to be the forum adopted for the matter.
26. Compliance with laws, trade sanctions and export control regimes
For transportation of goods under contracts such as Waybills, Bills of Lading or equivalent, the customer shall at all times comply with applicable laws and regulations of any governmental or regulatory body having jurisdiction over the customer, Color Line, or other parties involved in the transportation.
The customer shall, in connection with the agreement with Color Line, at all times comply with applicable trade sanctions and export control laws and regulations, including the trade sanctions and export control laws, regulations or orders adopted, maintained or enforced by Norwegian authorities, the United Nations, the European Union, the United Kingdom, the United States of America or any other relevant authority (Sanctions). The customer shall ensure compliance with Sanctions by any of its key employees, managers or directors, representatives, affiliates or any other person acting on their behalf or being involved in the arrangements with Color Line.
The customer undertakes that neither of the below listed natural or legal persons have been listed on a sanctions list under any of the abovementioned Sanctions regimes; are subject to any Sanctions; directly or indirectly owned or controlled by any natural or legal persons subject to any Sanctions; located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions; or engaged in business with entities owned or controlled by natural or legal persons that are subject to any Sanctions, or located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions by a relevant sanctions authority.
- The customer and the customer’s key employees, managers or directors, representatives, affiliates or any other person acting on their behalf.
- Natural or legal persons involved in the transportation with Color Line, including shippers and receivers of goods or services or end-users of goods or services.
The customer shall immediately notify Color Line in writing should it become aware of any violations or changes in respect of these obligations.
Any breach of this clause shall be considered a material breach which entitles Color Line to refuse fulfilment of obligations and to immediately terminate the contractual relationship without any liability for damages. The same applies if Color Line has reasons to believe that the contractual relationship imposes any risk of violations of Sanctions or of becoming subject to Sanctions. The customer shall indemnify Color Line against any loss, liability, damages, cost, and expense incurred or suffered by Color Line as a consequence of such breach.
27. Insurance
Please note that Color Line has no direct loss insurance coverage on goods/cargo units transported or stored by us. Color Line has however taken out a liability (P&I) insurance cover at Gard AS.
As Color Line’s liability is limited and/or can be excluded under current Terms and Conditions, Color Line encourages the customer to take out own transport insurance to cover goods during transport, handling and storage.
28. Transport of seafood and products subject to run-off water.
Transporters of seafood, slaughter waste, household waste and/or other products or residues thereof that may involve the run-off of unclean water must ensure that this does not take place neither on ships nor quays. Such cases will be subject to fines and direct costs for cleaning the ship and quay - applies to all ships and quay facilities.
29. Miscellaneous
For freight transport, the carrier’s conditions relating to the contract of carriage such as Waybills, Bills of Lading or equivalent will apply to the degree the contract of carriage is completed.
Color Line is not responsible for any typographical errors in any of the articles on www.colorline-cargo.com.