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DFDS announcement to the hauliers, cargo owners, suppliers and other persons that suffered losses due to the fire accident onboard LISCO GLORIA

RE: FIRE ACCIDENT ONBOARD LISCO GLORIA on 8/9.10.2010

This message is for the benefit of everyone who has suffered damage to or loss of property or any other loss (apart from personal injuries) as a result of the fire on board M/F Lisco Gloria, which broke out at about midnight CET on 8 October 2010.

While the investigation into the cause of fire lead by the German Maritime Casualty Investigation is still ongoing, DFDS has received claims for compensation from hauliers and insurers for damage to or loss of trucks, trailers and cargo as well as other claims for compensation.

The large number of claimants come from a number of different countries, and DFDS and its insurers have found it expedient to establish a limitation fund to ensure that all claims will be dealt with fairly and equally in a single forum.

The limitation fund was established at the Maritime and Commercial Court in Copenhagen (in Danish: "Sø- og Handelsretten i København"), Denmark, in accordance with the 1996 Protocol to the 1976 Convention on Limitation of Liability for Maritime Claims, which concerns a shipowner’s right to limit liability for maritime claims arising on any distinct occasion, and which have been adopted by all the countries from which a majority of the claimants come, including Germany, Lithuania, Latvia, Finland and Denmark.

The limitation fund was established for a sum of approx DKK 73.3 million, which will be distributed on a pro rata basis to claimants if and to the extent the Maritime and Commercial Court in Copenhagen finds DFDS liable and approves the claims filed.

Since the Maritime and Commercial Court in Copenhagen will deal with all claims (apart from personal injury claims), it is important that all claimants file their claims with the Maritime and Commercial Court.

The Maritime and Commercial Court has decided that claims must be filed before 1 March 2011 with Maritime and Commercial Court in Copenhagen, Bredgade 70, DK-1260 Copenhagen K, Denmark, with reference to case no. S 26/10.

We enclose a copy of the official announcement by the Maritime and Commercial Court published on 22 December 2010 in the Danish official gazette "Statstidende" and a translation hereof, from which it follows that claimants, who fail to file their claims before the Maritime and Commercial Court sets the distribution of the limitation fund for judgment, will be left with no compensation from the limitation fund even if DFDS is found liable for damage or loss resulting from the fire.

Furthermore, although we are not in a position to take responsibility for filing claims with the Maritime and Commercial Court, we enclose a non-binding form which claimants may use if they if wish. Please note that the form has not been approved by the Maritime and Commercial Court and is enclosed as a courtesy only.

If you were a carrier of cargo, we recommend that you send a copy of this letter to the customer for whom you carried the cargo and, if different and known, also the shipper, receiver and owner of the cargo as well as any notify party.

Finally, for the sake of good order, please note that as the investigation into the cause of the fire is still ongoing, the limitation fund has been established without prejudice to liability and any rights and defences of DFDS and its insurers.

If you have any questions, you are welcome to contact us or our Danish lawyers or our Lithuanian lawyers with the following contact details:

AB DFDS Seaways
Legal Department
19, Šaulių str.
LT-92233 Klaipeda
Lithuania
Telephone: +370 46 395008
Fax: +370 46 395133
E-mail:

Gorrissen Federspiel
Attorney Niels J. Friborg
H.C. Andersens Boulevard 12
DK-1553 Copenhagen V
Denmark
Telephone: +45 33 41 41 41
Fax: +45 33 41 41 33
E-mail:

Ramanauskas ir Partneriai Law Firm
S. Daukanto 9
LT-92235 Klaipeda
Lithuania
Telephone: +370 46 303 430
Fax: +370 46 312 393
E-mail:  

APPENDIXES:
1. A copy of the official announcement by the Maritime and Commercial Court and its translation into English language;
2. Draft Claim form.

BIGGER & BETTER

Dear guest,

We are delighted to announce that we together with Norfolkline have created the new DFDS Seaways, which makes us one of Europe’s largest ferry companies.

And what does this mean for you?

The merger means, we now have routes departing from most of Northern Europe including Ireland, Northern Ireland, Scotland, England, France, Belgium, Holland, Germany, Denmark, Norway, Sweden and Lithuania.

Our 6.000 dedicated employees work hard to ensure that our 18 passenger ships depart 278 times per week, transporting 3.900.000 satisfied passengers every year.

We wish you a pleasant journey with a bigger and better DFDS.

Kind regards
Hans-Henrik Pedersen
General Director, AB DFDS LISCO

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