Terms and Conditions of Carriage
IMPORTANT:
The Passenger’s ticket (the “Ticket”) and the terms and conditions
below (the “Terms and Conditions”) evidence the contract of carriage
(the “Contract”) between [the Governor of the Pitcairn Islands] and the
Passenger. By accepting the Ticket, the Passenger agrees to be bound by
the Terms and Conditions. The Passenger’s attention is
particularly drawn to the exemptions and limitations on liability
contained at paragraphs 3, 4, 6, 7, 8, 10, 11 and 13.1 of these Terms
and Conditions.
1. DEFINITIONS
In these Terms and Conditions:
"Athens Convention"
means the International Convention relating to the
Carriage of Passengers and their Luggage by Sea 1974, together with any
modifications thereto having the force of law in the
Pitcairn Islands.
"Carrier"
means [the Governor of the Pitcairn Islands], its affiliates,
the Vessel owner, the charterer and/or operator of the Vessel, and
their employees, agents and independent contractors.
"Journey"
means the journey identified on the face of the Ticket.
"Passenger"
includes any person, including infants, (whether or not
named above) travelling on a Ticket issued by or on behalf of the
Carrier.
"Vessel"
means the vessel named in the Ticket or any substitute, and
its tenders and any other means of transportation by sea under the
control of the Carrier.
2. RESERVATION PROCESS
2.1 When booking a Journey, the party making the
reservation must
supply to the Carrier the names of each Passenger. In relation to a
Passenger, no Contract will come into force until a Ticket has been
issued or the Passenger is otherwise permitted to board the Vessel.
2.2 To comply with various immigration and security requirements,
failure to supply at the time of booking details of the passport on
which each Passenger intends to travel and details of their next of kin
may result in the reservation being cancelled without any liability on
the part of the Carrier.
2.3 Where it is proposed that a minor (being a person under the age of
18 at the time of departure) is to travel on the Vessel without the
supervision of a parent or legal guardian, before accepting the
reservation, a parent or legal guardian in relation to the minor must
confirm to the Carrier in writing the full details of the person
with whom the minor will be travelling and identifying who is
to assume full legal responsibility for the minor’s welfare and safety
whilst aboard the Vessel (“Nominated Individual”). The Nominated
Individual must be over the age of 21 and shall be
responsible for control of the minor whilst aboard the Vessel. If the
Carrier is not satisfied with the information provided, the
selection of the Nominated Individual or proposed arrangements in
relation to the minor, the Carrier may, in its absolute discretion,
decline passage to the minor without any liability.
2.4 Unless the Carrier agrees otherwise in writing, the Ticket issued
for the Journey is valid only for the advertised journey
2.5 The Passenger has the right to cancel the Journey in which case a
cancellation fee shall become due and payable in accordance with this
Clause 2.5. The operative cancellation date shall be the date
on which notice of cancellation is received by the Company. The
applicable cancellation fee shall be calculated as a
percentage of the fare representing the cancelled element of the
Journey:
- 6 days and less before sailing - 100% of fare = no refund.
- 7 – 21 days and less before sailing 50% = 50% refund.
- Over 21 days 10% of fare = 90% refund.
3. PASSENGER'S WARRANTY
OF AUTHORITY
A Passenger who acquires this Ticket on behalf of another person
represents and warrants to the Carrier that he or she is duly
authorized by and on behalf of each such person to agree to the Terms
and
Conditions on his or her behalf, and the Passenger agrees to indemnify
the Carrier against loss, damage or expense incurred as a result of any
breach of this warranty.
4. THE CONTRACT OF
CARRIAGE
4.1 The Contract is expressly subject to:
4.1.1 the Terms and Conditions which are hereby incorporated therein;
4.1.2 the provisions of any legislation compulsorily applicable to the
carriage of the Passenger;
4.1.3 the Athens Convention which, so far as not otherwise compulsorily
applicable to the carriage of the Passenger, is hereby incorporated
into and forms part of the Contract.
4.2 Any term of the Contract which is inconsistent with or repugnant to
any extent to any applicable legislation or to the Athens Convention
shall be void to that extent but no further. Nothing in the
Terms and Conditions shall operate to limit or deprive the Carrier of
any statutory protection or exemption from or limitation of
liability.
4.3 The Carrier may, by written notice, amend the Terms and Conditions.
If the Passenger does not accept the variation, the Passenger may, by
giving the Carrier written notice within 5 working days cancel
the Ticket and the Carrier shall refund the fare.
5. FARE
5.1 The fare notified to the Passenger at the time of placing the
reservation (and shown on the face of the Ticket). The fare will not be
increased except in the event of variations in:
5.1.1 transportation costs, including the cost of fuel;
5.1.2 dues, taxes or fees chargeable for services such as landing taxes
or embarkation or disembarkation taxes or fees at ports or airports; or
5.1.3 currency exchange rates.
5.2 [No fare increase will be made in respect of the variations set out
above where the amount such increase is equivalent to 2% or less of the
fare. In any event, no fare increase will be applied within
30 days of the scheduled departure date.] The Ticket does not entitle
the Passenger to make the Journey until the fare has been
paid in full.
5.3 [The Carrier reserves the right to charge a bunker / currency
surcharge additional to passenger sea fares and freight rates.]
6. THE ATHENS CONVENTION
6.1 The Athens Convention in most cases limits the Carrier’s liability
for death or personal injury or loss of or damage to luggage (including
a vehicle) and makes special provision for valuables. The
Athens Convention presumes that luggage has been delivered undamaged
unless written notice is given to the Carrier:
6.1.1 in the case of apparent damage, before or at the time of
disembarkation or redelivery;
6.1.2 in the case of damage which is not apparent or of loss, within 15
days from the date of disembarkation or redelivery or from the time
when such redelivery should have taken
place.
6.2 The Athens Convention provides that any action for damages arising
out of the death of or personal injury to a passenger or for the loss
or damage to luggage shall be time-barred after a period of two
years.
7. CARRIER'S LIABILITY
The Carrier's liability shall be determined in accordance with English
law and the terms of the Contract as defined at Clause 4 above. The
Carrier shall be entitled to limit its liability in accordance with
the Athens Convention and/or other applicable international convention
concerning the limitation of liability for maritime claims.
The Carrier shall not be liable for any delay or inconvenience or for
any damage, loss or expense, howsoever caused, resulting therefrom,
suffered by the Passenger.
8. LIABILITY OF THE
CARRIER’S EMPLOYEES AGENTS AND INDEPENDENT CONTRACTORS
By accepting carriage on the terms of the Contract, the Passenger shall
be deemed to offer to the Carrier (as agent for his employees, agents
and independent contractors) the benefit of every exemption from
and limitation of liability and of every defence or immunity from claim
provided for the benefit of the Carrier under these Terms
and Conditions and/or any applicable provision of law and/or the Athens
Convention, which offer the Carrier hereby accepts. The
consideration for such offer and for any contract made pursuant thereto
shall be the provision or prospective provision by the relevant person
of any services for the benefit, whether direct or indirect, of the
Passenger or in connection with the performance by the Carrier of its
obligations under these Terms and Conditions. The aggregate amounts
recoverable from the Carrier and any such employee, agent or
independent contractor shall in no case exceed limits provided by the
Contract and/or any applicable provision of law and/or the
Athens Convention.
9. OBEDIENCE TO
INSTRUCTIONS
The Passenger must obey all instructions of the Carrier, its employees
and agents whilst on the Carrier's premises or on the Vessel. In
particular, but without limitation, the Passenger must comply with any
regulations which the Carrier or the Master of the Vessel may at any
time deem necessary for the general good order, comfort and safety
of the Vessel and all aboard the Vessel.
10. FORCE MAJEURE
The Carrier shall not be liable for death, personal injury, illness,
damage, delay or any other loss or detriment to personal property if
the same is caused by, without limitation, war or threat of war, riot,
civil commotion, disaster, Act of God, terrorist activity, natural and
nuclear disaster, fire, technical problems with transport, closure of
ports, strikes or other industrial action, interference by authorities,
requisitioning of Vessel, perils of the sea, collision or any other
cause beyond the reasonable control of the Carrier. Both before and
during the journey, the Carrier shall be entitled at any time to delay,
cancel or curtail the sailing of the Vessel due to any reason of force
majeure as aforesaid which for this purpose shall include weather which
in the sole opinion of the Master may endanger the safety, comfort or
convenience of the Vessel, her Master and crew and
passengers.
11. RIGHT TO CHANGE
ITINERARY
The Carrier shall have the right at its sole discretion and without any
liability to the Passenger to depart from the scheduled itinerary for
the Journey, to delay, advance or cancel any sailing, to omit or change
ports of call, to arrange for substantially equivalent transportation
by another Vessel and/or by another means of transportation, to require
the Passenger to disembark from the Vessel temporarily or permanently,
to tow or to be towed or to assist other vessels or to
perform any similar act which in the sole judgement and discretion of
the Carrier and/or the Master is justified. Where a Journey is
cancelled or curtailed pursuant to this Clause 11, the Carrier’s sole
liability will be to grant the Passenger a full refund in respect of
the fare or
to offer the Passenger a substitute journey.
12. EMBARKATION
12.1 Each Passenger must arrive and must have completed all immigration
formalities (if applicable) at least 30 minutes before the scheduled
sailing time of the Vessel, or such other period of time as
the Carrier may announce from time to time. Any Passenger who fails to
arrive at the place of embarkation at the proper time
shall be deemed to have cancelled his journey and the Carrier shall be
entitled to retain the fare in full and/or recover the same
from the Passenger.
12.2 A Passenger shall not be entitled to occupy any cabin or berth
which has not been specifically allotted to him aboard the Vessel. The
Carrier may, in its absolute discretion, move any Passenger to cabins
other than that allocated to such Passenger and in the event that the
cabin is of a lower grade than that paid for by the Passenger, the
Passenger shall be reimbursed the difference in price.
13. ILLNESS, DISABILITY
AND INSURANCE
13.1 Each Passenger must inform the Carrier at the time of reservation
of any disability, infirmity, mobility problem or condition or course
of medication requiring special care, attention or treatment. If any
such disability, infirmity, problem or condition arises after booking,
the Passenger must notify the Carrier as soon as reasonably
practicable. The Carrier reserves the right to require sight
of a doctor’s certification. If it appears to the Carrier or the Master
of the Vessel that a Passenger is or may be unfit for travel or is
likely to endanger his health or safety or the health and safety of any
other person on board the Vessel, the Carrier or Master of the Vessel
may refuse to embark or disembark the Passenger at any port,
transfer the Passenger from one cabin to another, confine, restrain or
otherwise deal with the Passenger as they deem necessary.
In such circumstances, the Passenger shall not be entitled to any
compensation or refund of any fare paid, nor shall the Carrier
or Master of the Vessel be required to pay the Passenger any fines,
costs or expenses as a result.
13.2 The Passenger must maintain in force adequate travel and medical
insurance for him and any minor for whom he is responsible throughout
the entire duration of the Journey. Such insurance must
include adequate cover in respect of losses, damages or expenses
arising from the Vessel’s delay, late arrival at any port of
call or cancellation of any port of call and the consequences
thereof. Such insurance arrangements may be made available by the
Carrier upon request and payment of the relevant insurance premium
notified to the Passenger. The Passenger is strongly advised to
arrange insurance to cover cancellation or curtailment by reason of
Passenger illness or injury, which at least protects the
Passenger’s deposit. The Carrier reserves the right to refuse
passage to any Passenger without valid and adequate insurance as
described in this Clause or who is unable to provide evidence of such
insurance.
13.3 Where appropriate, the Carrier will render general assistance to
any Passenger who suffers illness, personal injury or death during the
Journey and any expense reasonably incurred on behalf of the
Passenger in that regard (including, without limitation medical and
repatriation expenses) shall be repayable to the Carrier on demand.
14. FREE LUGGAGE
ALLOWANCE AND CABIN LUGGAGE
14.1 The Passenger may carry free of charge luggage not exceeding [30]
kgs in weight, or such other weight or cubic volume allowances as the
Carrier may announce from time to time. The Passenger shall pay
a charge for the carriage of luggage in excess of the free luggage
allowance at the applicable rate from time to time published by
the Carrier.
14.2 The Passenger may carry with him on board the Vessel as Cabin
Luggage one item of hand luggage provided that it is within the weight
allowance referred to in Clause 14.1. Any additional items of
luggage, or any such items which are in excess of the said allowance,
will only be accepted as checked luggage in the custody of
the Carrier. The checked luggage must not exceed [ ] by [ ] by [ ] in
measurement or [ ] kgs in weight. "Cabin Luggage", for
the purposes of this Clause 14, means luggage which the Passenger has
in the passenger cabin or is otherwise in his possession,
custody or control.
15. CHECKED LUGGAGE AND
VALUABLES
15.1 Upon delivery to the Carrier of luggage to be checked, the Carrier
shall take custody thereof and issue a luggage identification tag for
each piece of checked luggage. If luggage has no name, initials or
other personal identification, the Passenger shall affix such
identification to the luggage prior to acceptance.
15.2 The Carrier may refuse to accept luggage as checked luggage unless
it is properly packed in suitcases or other suitable containers to
ensure safe carriage with ordinary care in handling.
15.3 Checked luggage will be carried on the same Vessel as the
Passenger unless the Carrier decides that it is impracticable, in which
case the checked luggage will be carried on the next Vessel on which
space is available.
15.4 The Passenger’s attention is drawn to the provisions of Article 5
of the Athens Convention which provides that the Carrier shall not be
liable for the loss of or damage to moneys, negotiable securities,
gold, silverware, jewellery, ornaments, works of art, or other
valuables, except where such valuables have been deposited with the
Carrier for the agreed purpose of safe-keeping.
16. BAGGAGE, PROHIBITED
LUGGAGE AND ARTICLES
16.1 All specie, bullion, works of art, collectors' pieces or other
treasure carried as part of the Passenger's personal effects above the
value of £500 must be shipped as treasure and paid for at the current
rates of freight. All such items must be specially declared prior to
shipment and unless a written declaration as to the true
nature thereof has been signed by the Passenger and freight
paid thereon and an appropriate bill of lading or non-negotiable
receipt has been issued by the Carrier, the Carrier shall not in any
circumstances be liable in respect thereof and then only if the goods
in question were in the custody of the Carrier. A Passenger found to
have infringed this Clause 16.1 will, in respect of any goods
which have not been specially declared, shall be liable to a
charge at the current applicable rate of freight and shall indemnify
the Carrier against any charges and/or expenses incurred by the Carrier
arising from a breach of this Clause 16.1.
16.2 No Passenger is permitted to take on board:
16.2.1 any live poultry, fish, shellfish, household pets or other
animals; or
16.2.2 any dangerous or prohibited articles or other articles of the
kind referred to in Clause 17.
16.3 The servants or agents of the Carrier shall be entitled to search
any Passenger and/or their luggage and goods travelling with them to
ascertain whether there are any articles within the provisions of
this Clause 16. The Passenger agrees to allow such search upon being
requested by the Master of the Vessel or other authorised
servants or agents of the Carrier to do so.
16.4 The Carrier may further refuse to permit on board any items which
in the opinion of the Carrier are unsuitable for carriage by reason of
their weight, shape, size or character.
16.5 If any of the Passenger’s baggage intended for conveyance on the
Vessel is left behind at any port for any cause whatsoever, including
the negligence of the Carrier, the Carrier will endeavour to
forward such baggage, if properly labelled or identified as the
property of the Passenger, to its port of destination at the first
convenient opportunity, unless the Carrier receives written
instructions to the contrary from the Passenger. The transit of such
baggage shall remain subject to these Terms and Conditions and in no
event shall the Carrier be subject to any greater liability
in respect of such baggage than is set out under these Terms and
Conditions.
16.6 The Carrier shall have a lien upon and a right, in its absolute
discretion, to sell by auction or otherwise, any baggage or other
property of the Passenger in satisfaction of the fare or other charges
or monies becoming in any way due to the Carrier, such right to be
exercisable without notice to the Passenger upon the Passenger
leaving the Vessel or failing to embark.
17. DANGEROUS GOODS
17.1 The Passenger warrants that no goods brought aboard by him,
whether in his luggage or otherwise, are contraband, arms, ammunition,
prohibited by any Government, of a dangerous nature or such
as to endanger the health or safety of any other Passenger and will be
absolutely responsible for and will fully
indemnify the Carrier against any detention of the Vessel and any
penalties, fines, expenses, loss, damage or liability of whatsoever
kind resulting from a breach of this warranty. The Carrier, its
servants and agents shall be at liberty in their absolute discretion to
jettison, land, destroy or render innocuous any such goods and the
Passenger shall pay all charges and expenses incurred in or in
consequence of such act by or on behalf of the Carrier.
17.2 The Passenger expressly agrees that the Master of the Vessel
and/or his delegated officer(s) shall be entitled to enter the cabin
aboard the Vessel occupied by the Passenger for the purposes of
searching for any dangerous or prohibited goods (including, without
limitation, those the goods outlined in Clause 17.1) or for the
purposes of investigating any alleged offence or for any purpose
associated with the repair or maintenance of the Vessel.
18. REFUSAL OF
EMBARKATION
18.1 The Carrier may refuse to allow on board any Passenger who is:
18.1.1 in possession of any animal or goods of the kind referred to in
Clause 13 or who has an excessive quantity of luggage or who refuses to
submit himself or his luggage or goods to a
search when requested to do so;
18.1.2 not in possession of a proper document valid at the ports of
embarkation and disembarkation;
18.1.3 in the opinion of the Carrier drunk, seriously ill or suffering
from infectious disease or who is behaving in such a manner as to be
undesirable or to constitute a threat to safety
or comfort of any other Passenger.
18.2 In the event of refusal of permission to board under Clause,18.1,
no refund of fare will be made.
19. VALIDITY OF TICKET
Tickets are valid only for the date and time of sailing stated thereon
and are not transferable except at the option of the Carrier. If the
Passenger for whatever reason cancels his Ticket or does not embark,
any fare paid shall be forfeited in full. Each Passenger should note
that refunds will only be given by the Carrier in the circumstances
specified in Clause 20.2.
20. REFUNDS
20.1 The Carrier's sailing schedule is subject to change and/or
cancellation by the Carrier with or without prior notice in accordance
with Clause 11. Where any sailing is cancelled or delayed, or where any
sailing is accidentally overbooked as a result of any malfunction or
maloperation of the Carrier's ticket booking system (whether or not
such overbooking is caused by the negligence of the Carrier or its
servants or agents) the Carrier may:
20.1.1 cancel any Ticket;
20.1.2 substitute any other vessel and/or sailing date and time for
that stated on the Ticket. The Carrier’s rights under this Clause are
exercisable whenever the
Carrier may in its absolute discretion think fit, and whether or not
the cancelled, delayed or overbooked sailing is that
stated in the Ticket.
20.2 Where in accordance with Clause 20.1:
20.2.1 any Ticket is cancelled by the Carrier; or
20.2.2 any sailing time or date is substituted whereby the commencement
of the voyage is altered by more than 3 hours from that stated on the
Ticket, and the Passenger does not travel
at the substituted time or date, the fare paid by the Passenger or, as
the case may, the excess, will be refunded
on application to the ticket office within 1 month of such cancellation
or substitution, and on
presentation of the Ticket.
21. PASSENGER LIABILITY
21.1 The Passenger shall be liable to and reimburse the Carrier for all
damage to the Vessel and its furnishings and equipment and/or any
property of the Carrier caused directly or indirectly in whole or
in part by any wilful or negligent act or omission on the part of the
Passenger or by any act or omission of any minor for whom the
Passenger is responsible. The Passenger shall indemnify the Carrier
fully against any and all liability which the Carrier may incur
arising from any personal injury, death, loss of or damage to property
caused directly or indirectly in whole or in part by any
wilful or negligent act or omission on the part of the Passenger or by
any act or omission of any minor for whom the Passenger is
responsible.
22. LAW AND JURISDICTION
The Contract shall be governed by English law and, subject always to
the applicable provisions relating to jurisdiction of the Athens
Convention, any dispute thereunder (including non-contractual disputes)
shall be subject to the exclusive jurisdiction of the Courts of England.