HD Ferries Terms and Conditions of Carriage
The present terms & conditions of sales and carriage come into effect on 1st January 2007. They cancel and replace all earlier conditions. Where appropriate, these conditions shall be subject to the Athens Convention of December 13th 1974 and the English Merchant Shipping Act of 1995 (hereinafter referred to as English Law).
The client acknowledges that he has read the terms and conditions of sales and carriage and he confirms his acceptance of these Conditions.
The "HD1" is operated by HD Ferries located at HD Ferries, Elizabeth Terminal, La Route Du Port Elizabeth, St. Helier, JERSEY, JE2 3NW.
The Passage Contract is valid only for the Passenger or Passengers for whom it is issued, for the date and Vessel indicated, or for any substitute Vessel, and is non-transferable.
The Conditions of Carriage set out the terms that apply between the Passenger and the Carrier. No amendment to the Conditions of Carriage shall be considered valid unless made in writing and signed by a Director of the Carrier. The Terms and Conditions of Carriage shall be severable and the invalidity of any provision shall not impair the validity of any other provision, or of the Conditions of Sales & Carriage.
In the Terms and Conditions the following expressions have the meaning hereby assigned to them:
"Carrier" means the Owner or any Charterer, whether bareboat, Demised Charterer, Time Charterer, Sub Charterer, or Operator of the Vessel, their servants and/or agents or any other person or Company to the extent that it acts as Carrier or Performing Carrier in accordance with the definition provided in the Athens Convention.
"Passage Contract" means the Contract for Carriage into which the Passenger had entered with the Organiser under the terms of the Booking Conditions which incorporate the Terms and Conditions of Carriage.
"Organiser" is the party which has contracted with the Passenger to provide the Carriage.
"Luggage" is any baggage, package, suitcase, trunk, effects, article, matters or items belonging to or carried by any Passenger, including cabin luggage, hand luggage, articles owned by or carried on the persons of the Passenger or deposited with the Carrier for safe custody, vehicles and any other property of the Passenger whatsoever, valuables being excluded.
"Master" signifies the Master of the carrying vessel at any given point in time.
"Passenger" includes the Purchaser of the Passage Contract and any person or persons named on the relevant passage ticket (including children), his or her or their guardians, executors, personal representatives, heirs and children or persons travelling with him or her or in his or her care whether named on the said passage ticket or not.
"Minor" refers to any child under the age of 16.
"Vessel" means the Vessel named in the relevant passage contract or any substituted Vessel owned or chartered or operated or controlled by the Carrier.
"Voyage" means the service between St Malo, Jersey or Guernsey which has been booked by the Passenger.
3. Sales Conditions : Fares and General Information
Fares are based on travel dates, time of departure and availability. Tickets are only valid for the sailing dates/times indicated thereon. Fares may include a payment charge that will be automatically calculated and included in the amount to be paid. All monies paid to a travel agent will, at the time, be held on behalf of the Company.
If the length of stay abroad is amended, or a change is made to a different sailing or the terms of the ticket or any promotion is misused then the difference between the cost of the original ticket and the appropriate applicable fare will be charged. Any additional charges are payable prior to boarding. No refund will be given if, to your demand, you travel on a crossing that is less expensive than the one previously booked.
Bookings made "on line" via the Internet in the UK are deemed to have been contracted in the U.K.
Telephone bookings will be subject to a booking fee.
Vehicle and passenger space is subject to availability and therefore may not always be available within certain tariff categories.
Vehicles exceeding 5m in length and 2,2m in height must be notified at the time of booking (including trailers, caravans, roof racks, bicycle racks). Any changes concerning the length or height of the vehicle after the booking has been made may influence the Carrierís ability to carry any such vehicle. A supplement will be applied.
Vehicles which are not specifically constructed or adapted for the carriage of passengers are subject to freight tariffs, as are vehicles of lesser dimensions carrying merchandise.
Children under the age of 3 are carried free of charge. Children under the age of 16 must be accompanied by a responsible adult (parent or tutor). In the absence of any such person embarkation will be refused.
Bookings of 10 passengers and more are considered as group bookings and are subject to group sales terms and conditions, which are available on request.
3.2 Bookings and payments
Full payment is required in order to secure a booking for all fares offered. Once payment is received the Carrier will issue a confirmation number via e-mail.
All fares including promotional fares are only valid if both the outward and return journeys are completed. If either or both journeys are not undertaken, the outward journey will be considered as a "single" journey and appropriate single tariff applied. Any additional payment will be collected from the credit/debit card used for the original payment. If the outward portion of any return itinerary is not used, the Carrier will cancel the return ticket and no refunds will be paid.
3.3 Special requests
Special requests must be made at the time of booking. The Carrier cannot guarantee the provision of any special request listed on the booking form and made by phone, e-mail or via a travel agent, unless confirmed by the Carrier in writing. Such requests do not form part of the Contract.
The Carrier will seek to comply with reasonable special requests. However, the Passenger should provide as much information as possible either on the booking form or on a special request form which is available on request.
3.4 Cancellations, refunds & amendments
Tickets are non-refundable but can be modified up to 24 hours prior to sailing. Where, under the terms of an offer, an amendment is allowed an administration fee of £10/15Ä will be payable in addition to the difference between the initial charge and the current fare for the amended booking at the time of the amendment, including changes to time and day of departure, itinerary, number of passengers, vehicle type, etc. When the change is made to a less expensive crossing, the difference will not be subject to a refund. Special offers may be subject to specific amendment fees and sales conditions.
No refunds will be granted as a result of any price or currency changes after the date of booking.
4. Conditions of Carriage
4.1 Cancellation of sailing
At any time prior to the start of the voyage the Carrier may cancel the voyage, if the reason of cancellation is outside of his control or is deemed to be reasonably necessary with or without notice notwithstanding any bookings or reservations previously made.
In case of reasons outside the companyís control (especially weather conditions, port closures, industrial action, accident, fire, in general all events occurring at sea or subject to other operational requirements) your travel times, dates and destinations may be affected. In those circumstances the Carrier will endeavour to arrange a suitable alternative crossing with HD Ferries only. If by reason of operational requirements the Carrier is unable to provide an alternative sailing or the one offered is not accepted, the unused portion of your HD Ferries ticket will be refunded however the liability of the Carrier is limited to the fare paid for the unused portion of your HD Ferries ticket only and the Carrier will not be liable for any consequential losses.
4.2 Check In
It is the Passengerís responsibility to check in by the time specified. If any Passenger arrives later than 60 minutes before departure he or she may not be allowed to board the Vessel. Whilst the Carrier may (subject to availability) make arrangements for travel on a later sailing the Carrier reserves the right to levy a surcharge in such circumstances.
4.3 Passport, VISAís and other Documents
It is the Passengerís responsibility to ensure that all Passengers, including minors, are in possession of a valid passport or a valid national identity document for Passengers from Schengen Zone at the time of travel and that they have all necessary documents in compliance with the requirements of immigration, customs, health and other relevant regulations.
The Carrier reserves the right to check and record details of all such documentation. The Carrier makes no representation and gives no warranties as to the correctness of any documentation which is checked. Passengers are strongly advised to check for all legal requirements for travelling abroad to include immigration, customs, health and, where relevant, driving regulations.
4.4 Health Insurance
Passengers are advised to take out health insurance when travelling and/or to ensure that they have the relevant European Health Insurance Card or other equivalent documents.
The Vessel is not required to carry a doctor on board. Passengers must notify the Carrier and the Organiser immediately and prior to embarkation of any condition which makes them unfit to travel. The Carrier may refuse passage in such circumstances unless the Passenger can produce medical evidence of fitness to travel.
The Carrier recommends that women who are less than 12 weeks pregnant should seek medical advice prior to travel. Women who are more than 28 weeks pregnant at the time of travel are required to produce a medical certificate of fitness to travel. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are is/not satisfied that the Passenger will be safe during the passage.
4.7 Fitness to Travel
The Passenger guarantees and warrants that he/she is fit to travel and that his/her conduct will not impair the safety of the Vessel or inconvenience other Passengers.
In the event that it is the judgment of the Carrier and/or the Master that a Passenger is, for any reason whatsoever, unfit to travel or likely to endanger his/her health or safety or endanger the health or safety or impair the comfort of others on board or that the Carrier is of the opinion that the Passenger is likely to be refused permission to land at any port or to render the Carrier liable for his/her maintenance, support or repatriation, then the Carrier and/or the Master shall be entitled at any time to take any of the following courses judged appropriate to the situation, namely :
i. To refuse to embark or disembark the Passenger at any particular port.
ii. To disembark the Passenger at any port.
iii. To transfer the Passenger from one berth to another.
iv. To confine the Passenger to a cabin or to the shipís hospital or other appropriate place on the Vessel.
v. To administer first aid and administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port, provided that the Master considers that any such steps are necessary.
Not all areas of equipment on the Vessel are accessible to disabled persons or suitable for access to disabled persons. Passengers should enquire before making a booking.
In order to ensure that facilities, assistance and/or access are available, persons with a physical disability or other handicap requiring special treatment or assistance, including persons confined to a wheelchair, must advise the Organiser at the time of booking. The Carrier will confirm in writing whether or not it is able to provide the Conditions requested at the time of the reservation.
Passengers who require special treatment or assistance as a result of events occurring after the Passage Contract has been concluded, should notify the Organiser of such changes in writing as soon as practicable. The Carrier will not be liable to provide such special treatment or assistance unless it has confirmed its ability and agreement to do so in writing.
The Carrier reserves the right to refuse passage to anyone who has failed to notify it of such disabilities or need for assistance or who in the Carrierís and/or Masterís opinion is unfit for travel or anyone whose condition may constitute a danger to themselves or others on board.
Passengers confined to wheelchairs must provide their own standard size wheelchairs and must be accompanied by a travelling companion fit and able to assist them. The shipís wheelchairs are available for emergency use only.
Any Passenger who has any form of mental or physical disability or who is experiencing any form of mental or physical illness resulting in a disability or illness that could affect his or her fitness for travel must submit a doctorís certificate certifying the Passengerís fitness to travel prior to sailing.
The Passenger acknowledges and agrees that the Carrier shall have no responsibility or obligation to provide medical treatment on board the Vessel. The Vessel does not carry a qualified doctor on board. Crew members qualified in first aid will provide medical assistance in an emergency. The Vessel carries medical supplies in accordance with the regulations of its flag state which apply to this class of Vessel.
In the event of illness or accident Passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. The Carrier cannot be held responsible for the quality of medical treatment at any port of call or at the place where the Passenger is landed. Passengers are advised to take out insurance covering medical treatment. The Carrier accepts no responsibility whatsoever in relation to medical facilities provided ashore.
Every adult Passenger travelling with any minor and/or person under 18 years of age at the time of travel, whether or not listed, shall be responsible for the conduct and behaviour of the minor and/or person under 18 years of age. The accompanying adult Passenger shall be liable to the Carrier and shall reimburse it for any loss, damage or delay sustained by the Carrier because of any act or omission of the Passenger minor, or person under 18 years of age.
Minors and persons under 18 years of age are subject to all the Terms contained in the Conditions of Carriage.
Children under 16 must be accompanied by a responsible adult. The absence of a responsible adult will lead to refusal of embarkation.
The Passenger agrees to abide by the Carrierís companyís rules and regulations and all orders and directions of the Master and the Vesselís officers.
Expenses of any kind, including fines or penalties or duties or other charges incurred by the Carrier and attributable to the Passengerís failure to comply with the regulations of the Vessel or any government or authority, shall be paid to the Carrier by the Passenger on demand.
The Passenger shall be liable to the Carrier and shall reimburse it for all loss, damage or delay sustained by the Carrier because of any act or omission on the part of the Passenger.
Pets are not allowed on board the Vessel unless arrangements have been made for a pet to travel at the time of booking. It is the Passengerís responsibility to provide all necessary documents and make all necessary travel arrangements for any pet. Pet owners are requested to arrive at least 90 minutes before departure. Failure to comply with this procedure will prevent travel.
Unaccompanied pets will not be accepted on the service.
Foot passengers travelling with a pet are required to present the pet in a suitable carrying container, e.g. a portable kennel. The pet will be transferred to the ship by shore staff and will remain on the car deck during the crossing. For passengers travelling by car, the pet will remain in the car.
Upon arrival on board, the passenger travelling with a pet must report to the reception desk in order to make suitable arrangements for a visit during the crossing. A visit to a pet may be made during the crossing subject to good weather conditions, the agreement of the Master and staff availability.
4.11 Dangerous Goods or Articles
The Passenger may not bring on board any goods or articles of a dangerous nature, nor any animals save as provided in paragraph 12 above. Breach of this term may make the Passenger concerned liable to statutory penalties. The Carrier shall have the right to confiscate, detain or otherwise deal with any such goods or articles.
The Passenger will in any event be liable for any injury, loss or damage occasioned by the breach and to indemnify the Carrier against any claim in respect thereof.
Smoking is not permitted anywhere on board the vessel including public areas, restaurants, seating areas and vehicle decks.
4.13 Safety & Security
The health and safety of the Vessel and all those on board is of paramount consideration. Passengers must pay attention to and comply with all regulations and notices relating to the safety of the Vessel, its crew and Passengers, the terminal facilities and immigration requirements.
Passengers must at all times conduct themselves in a manner which respects the safety and privacy of other persons on board.
Passengers must comply with any reasonable request made by any member of staff, the Master or his Officers.
No firearms or other weapons of any nature shall be brought on board the Vessel without the prior approval of the Carrier and/or Master. The Master and/or the Carrier have the right to confiscate, detain or otherwise deal with such weapons. Firearms must be declared at the time of booking and when arriving at port. The appropriate procedures will be applied and the necessary documentation completed.
Access to the vehicle deck is forbidden during the crossing. It is therefore important that Passengers take everything they need with them onto the passenger decks.
Passengers must lock their car and leave it in gear with the handbrake on. All car alarms must be switched off when the vehicle is parked on the vehicle deck.
Passengers must not carry fuel cans on board or overfill petrol tanks. Cars powered by LPG should have tanks switched off whilst on vehicle decks.
Motorcycles should be lashed on board by the driver. Whilst the Carrierís onboard staff will provide assistance Passengers must ensure that motorcycles are secured to their own satisfaction.
For security reasons it may be necessary for servants or agents of the Carrier to search Passengers and/or their baggage and goods travelling with them. The Passenger agrees to allow such search upon being requested to do so by the Master or other authorised servants or agents of the Carrier. The Passenger further agrees to the removal, confiscation or destruction of any object which may, in the opinion of the Carrier, impair the safety of the Vessel or cause inconvenience to other Passengers.
All Passengers must have regard for their safety whilst walking on vehicle decks. Passengers and children should not run around the vehicle deck or other areas of the Vessel.
Passengerís luggage must not be left unaccompanied at any time. Unaccompanied luggage may be removed and destroyed.
4.14 Liability of the Carrier
The liability (if any) of the Carrier for death and/or personal injury and/or for the loss of or damage to luggage (including vehicles) during the passage shall be determined by the Athens Convention and the Order, whether or not the relevant Carrier has its principal place of business in the United Kingdom.
It is presumed under English Law that the Carrier has delivered luggage undamaged unless written notice is given by the Passenger within the following periods.
In the case of apparent damage, before or at the time of disembarkation or redelivery.
In the case of damage which is not apparent, or loss of luggage, within 15 days from the disembarkation or redelivery, or from the date when such redelivery should have taken place.
The Carrier is not liable for loss of or damage to cash, negotiable security, jewellery, ornaments, works of art or any other valuables unless deposited with the Carrier specifically for the purposes of safekeeping. Under such circumstances the Carrierís liability will be limited to the amounts payable under the English law.
Sailing schedules may be interrupted or changed and crossing times delayed by adverse weather conditions or other operational circumstances. The Carrier will not be liable to the Passenger for any cost or inconvenience caused by such delays. The Carrier undertakes to notify the Passenger of all such delays whenever possible.
The Carrier will not be liable to the Passenger for any losses, damages or expenses or consequences losses, howsoever arising from such delays, interruptions or alterations.
The Carrier cannot guarantee the availability of facilities at any of the ports from which it operates.
4.15 Limitation of Liability
The Carrierís liability in relation to death and/or personal injury is limited and shall in no circumstances whatsoever exceed the limits of liability as set out under English Law.
The amounts of the limitations of the Carrierís liability provided by English Law are available on request.
The Carrier will only be liable in relation to death or personal injury and/or loss or damage to luggage in the event that the Carrier and/or its servants or agents are guilty of "fault" as stipulated in English Law.
The limits of liability under the terms of the English Law shall be applicable to the Carrier, servants and/or agents in accordance with the English Law.
Any damages payable by the Carrier shall be reduced in proportion to any contributory negligence by the Passenger as provided in the English Law.
The servants and/or agents of the Carrier shall have the benefit of all provisions relating to the limitation of liability.
Any responsibility of the Carrier is limited to the periods while the Passenger and/or his or her luggage are on board the Vessel. No liability of any nature whatsoever shall attach to the Carrier in connection with or arising out of negligent acts or omissions of independent subcontractors on board the Vessel and/or ashore.
The time in which a claim may be brought under English Law is limited to a period of 2 years from the date of disembarkation.
4.16 Notification of Accident or Claims
The Passenger must notify the Carrier of any accident or any circumstances giving rise to a claim whilst on board the Vessel. If the Passenger does not report an accident then the Carrier will not be able to investigate the accident and/or incident.
Passengers are not permitted to take on board alcohol for use during the voyage and the Carrier and/or its servants and/or agents may confiscate such alcohol.
The Carrier and/or its servants and/or agents may refuse to serve a Passenger alcohol or further alcohol when, in their reasonable opinion, the Passenger is likely to be a danger and/or nuisance to himself/herself, other passengers and/or the Vessel.
4.18 Law and Jurisdiction
Any dispute arising from carriage under these conditions shall be governed by English Law.