CONDITIONS OF CARRIAGE - WAVERLEY
Any Passenger or intending Passenger
should read the Conditions of Carriage prior to purchasing
a Ticket or embarking upon the Vessel. Copies of the
Conditions of Carriage are available from the Company’s
office, it’s official Website, ticket agents and
the purser aboard the Vessel. Every reasonable effort
has been made to make the Conditions of Carriage clear
and as easy to understand as possible. However, if there
is anything which you, as the Passenger or intending
Passenger, do not understand you should contact a member
of staff, prior to the purchase of a Ticket, who will
either offer you the appropriate explanation or refer
you to another member of staff capable of providing
the necessary explanation. In doing this you will not
affect your rights under English or Scottish Law.
It is mutually agreed between
the Passenger and the Carrier, that the Ticket issued
by or on behalf of WAVERLEY EXCURSIONS LTD, for any
Sailing or group of Sailings, is accepted by the Passenger
subject to the Conditions of Carriage set out herein.
The following words have a specific
meaning and are used throughout these Conditions of
Sailing shall mean any excursion,
voyage, cruise or other event arranged and provided
by the Carrier, inclusive of the provision of accommodation,
tendering or connecting service on which the Passenger
may travel or otherwise use.
Passenger shall mean any person not otherwise a servant
of the Carrier taking part in the Sailing, including
infants, whether or not named in the Ticket.
Carrier or Company shall mean Waverley Excursions Ltd,
Waverley Steam Navigation Co Ltd, Waverley Excursions
(Guernsey) Ltd., and any other associated subsidiary,
agent, charterer and manager and their Officers and
Fare shall mean any charge due or paid to the Carrier
by the Passenger in return for the Ticket and shall
include any relevant fee, due, passage money or other
Conditions of Carriage shall include all provisions
of this document.
Property shall include baggage, money, valuables, motor
or pedal cycle, animals, clothing and any possession
of the Passenger.
Vessel shall mean any ship, boat, tender or other means
of conveyance or access provided by or operated by the
Carrier for the carriage of Passengers.
CONDITIONS OF CARRIAGE.
1. All carriage is offered solely
in accordance with the Conditions of Carriage of Waverley
Excursions Ltd. as set out herein and as may be qualified
in any written statement, advertisement, publication
or in any written information of any sort issued by
the Company or as may be made orally by the Company
on its Vessels.
LIABILITY UNDER THE ATHENS
2. Passengers are advised that
the provisions of the Convention relating to the Carriage
of Passengers by Sea 1974 (The Athens Convention) are
applicable. Copies of the Athens Convention are available
to the Passenger on request.
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:
(i) in the case of apparent damage,
before or at the time of disembarkation or redelivery,
(ii) 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.
(iii) in the case of damage which the Passenger many
Written notice is not necessary
for a Passenger to claim for loss, if the condition
of the luggage has, at any time of receipt by the Passenger,
been the subject of joint survey or inspection.
The terms of the Athens Convention
relating to the carriage of Passengers and their luggage
by sea 1974 (which convention is referred to as The
Athens Convention) shall be deemed to be incorporated
into and to form part of these Conditions of Carriage
and shall apply in cases involving death or personal
injury to a Passenger or the loss of or damage to the
luggage of such Passenger happening on board the Vessel.
Any resulting claim is to be settled in accordance with
the York-Antwerp Rules, 1974. Copies of the York-Antwerp
Rules are available to the Passenger on request.
LIABILITY IN OTHER SITUATIONS.
3. The incorporation of the Athens
Convention in these Conditions of Carriage shall not
remove or restrict the right of the Carrier to any other
limitation of liability accorded to him by any other
statute, convention, regulation, protocol, law or code
whatsoever which may be in force in the United Kingdom,
its territorial waters or other country where the Sailing
takes place, at any given time.
4. The Carrier shall not be liable
for any death, wounding or claim of whatsoever nature
in connection with the services carried out by the Carrier
other than where negligence on the part of the Carrier
is proven in a Court of Law.
6. In the event of any inconsistency
between these Conditions of Carriage and those of the
Athens Convention then the terms of the Athens Convention
7. The Carrier does not accept
any liability whatsoever for any loss suffered by the
Passenger in respect of any loss or damage to the Passenger’s
Property whilst in the vicinity of the ship or on any
premises used by the Carrier or in any conveyance, other
than the ship, unless such loss is caused by the negligence
or fault of the Carrier.
VARIATION IN RESPECT
The Carrier will make every reasonable
effort to undertake the advertised and any other agreed
or offered Sailings, but no Sailings are guaranteed,
and Sailings may be altered, delayed, amended or cancelled
• the Carrier would otherwise
be in breach of any of the safety requirements of
the Merchant Shipping Act or any other law relating
to the operation of the
ship, ports, waterways or open sea.
• in the opinion of the Carrier, unreasonable
discomfort of Passengers or crew
• variation occurs in tide or other natural event.
• due to war, terrorism, labour dispute, breakdown
of the Vessel, congestion,
disease or docking difficulty.
• entering or leaving a port may expose the Vessel
to risk of loss or damage or
to cause unreasonable delay to the Vessel.
• in the reasonable opinion of the Carrier, the
weather is, or is forecast to be,
The Carrier shall not be liable
for any delay or inconvenience or for any consequent
loss or damage suffered by any Passenger, unless such
delay or inconvenience or resulting loss, expense or
damage arises from the negligence or fault of the Carrier.
9. Where a Sailing is altered,
delayed or amended, it may be necessary to land the
Passenger and his Property at an alternative destination.
In such circumstance the Carrier will endeavour to get
the Passenger to a suitable alternative destination
or to the intended destination by other suitable means
of transport. No refund of Fare is due.
Where a Sailing is altered, delayed
or amended, it may not be possible to return the Passenger
and his Property to the point of embarkation. In such
circumstance, the Carrier will endeavour to return the
Passenger by other suitable means of transport. No refund
of Fare is due.
Where a Sailing is substantially
reduced in distance travelled, the Carrier shall make
a partial return of Fare or give opportunity to travel
on another occasion at specially reduced cost.
Where the Passenger has not embarked
on the Vessel, the Carrier may cancel the proposed voyage
and shall refund Passengers’ Fares paid in advance.
10. Where a Sailing is altered,
delayed or amended by the Government or any of its agents
due to the outbreak of war, terrorism or other event,
the Carrier shall not be liable for any delay or inconvenience
or for any loss or damage whatsoever suffered by any
Passenger. This shall also apply where the Carriers’
War Risk insurance is being restricted or cancelled.
11. The Carrier shall not be
bound to provide any particular Vessel for a specified
Sailing and may transfer or tranship Passengers at its
reasonable discretion. The Passenger is due a refund
in Fare only where the substitute Vessel undertakes
all or most of the intended Sailing and offers substantially
lower speed, capacity and passenger facility to that
of the advertised Vessel, and where there the Passenger
elects not to travel.
12. Where one Ticket is issued
in respect of a number of Passengers, the person to
whom the Ticket is issued contracts with the Carrier
as agent for all the Passengers in respect of whom the
Ticket is issued. All such Passengers are bound by these
Conditions of Carriage, and the person to whom the Ticket
is issued agrees that he or she has authority so to
contract on behalf of all such Passengers.
13. Where a Passenger signs a
Contract, pays a deposit or purchases a Ticket in advance
of the intended Sailing, by cheque, postal order, credit
card, electronic transfer or other method, the Ticket
shall be deemed to be issued, and or Contract entered
into, and these Conditions of Carriage to apply from
the time of receipt by the Carrier of such payment authority.
14. Any Fare paid for a Ticket
purchased for a Sailing which takes place is non-refundable
and non exchangeable other than at the Carrier’s
sole discretion. If a Sailing does not take place the
Fare will be refundable in full without any further
liability on the part of the Carrier.
15. The Carrier shall have sole
discretion in setting the level of Fare applicable to
any Sailing or group of Sailings and in effecting any
special incentives, reductions or attractions for any
Passenger of group of Passengers.
16. Subject to the availability
of space, the Carrier offers Tickets for sale to intending
Passengers after they have boarded the Vessel. Any Passenger
boarding the Vessel with intention to travel on a Sailing,
must purchase a Ticket and is subject to these Conditions
of Carriage form the time of his or her embarkation.
DAMAGE CAUSED BY PASSENGERS.
17. The Passenger shall be liable
to reimburse the Carrier for all damage to the Vessel
and its furnishings and equipment or any property of
the Carrier caused directly or indirectly by any wilful
or negligent act or omission on the part of the Passenger.
The Passenger shall further pay the Carrier against
any cost whatsoever which the Carrier may incur towards
any person or company or Government for any personal
injury or death, loss or damage to property caused directly
or indirectly by any wilful or negligent act or omission
on the part of the Passenger.
THE COMPANY’S RIGHT
TO HOLD GOODS.
18. The Carrier will give the
Passenger reasonable opportunity to pay any outstanding
Fare. Where the Passenger is unable to pay his Fare
on board the Vessel, the Carrier may keep hold of some
or all of the Passenger’s Property and, where
reasonable to do so, shall have the right to sell it,
having given the Passenger due notice of the time and
place of sale, to pay for any outstanding Fare or other
liability of the Passenger due under these Conditions
of Carriage. The Carrier shall have the right to recover
costs and expenses of enforcement and recovery of any
Fare due. The Carrier undertakes to obtain the best
price in any such sale and to refund any surplus to
THE COMPANY’S DISCRETION
AS TO CARRIAGE.
19. The Company is not and shall
not be held to be Common Carriers.
20. For the comfort and safety
of Passengers and, subject to the Merchant Shipping
Act, the Carrier or designated servant or agent, shall
require any person reasonably adjudged to be in any
way unfit through abuse of drink, drugs, or other substance
or whose behaviour is in any way repugnant, to leave
the Vessel at the first port of call. No refund of Fare
will be given and the Carrier shall in no way be liable
for the cost of alternative travel arrangements, accommodation,
inconvenience or any other resulting cost or liability.
The Carrier may resort to assistance of the civil police,
military or other appropriate authority in expediting
the removal of such Passengers from the Vessel.
21. Clause 20 shall apply in
full to persons at embarkation either on the outward
or return journey, whereupon embarkation may be refused.
22. Under no circumstances shall
any Passenger bring any alcohol, drugs, illegal substances
or dangerous goods aboard the Vessel.
23. The Carrier does not accept
unaccompanied children under the age of sixteen for
travel. All children travelling with their parents or
other adults remain the responsibility of their accompanying
parents or other adults who should take steps to supervise
the children in their charge and make sure that their
behaviour does not endanger their own safety or the
safety and comfort of other Passengers.
NON-FARE PAYING PASSENGERS.
24. From time to time and at
the invitation of the Carrier, its agents, employees
and servants, persons may be invited aboard the Carrier’s
Vessel as non fare paying passengers for recreational
purposes, film making, other work or as a guest. Under
such circumstances, such passengers must avail themselves
of a complimentary Ticket from the Purser. Notwithstanding
issue of such Ticket, such persons shall upon embarkation,
with a view to undertaking any Sailing for any purpose,
be bound entirely by the provisions of these Conditions
25. Where persons may be undertaking any activity such
as filming, effecting repairs, carrying out inspection
of any other activity other than that pertaining to
a Fare paying Passenger, such person shall agree his
insurance arrangements with the Carrier prior to travel
and shall cover any loss the Carrier may incur, any
cost for any loss, or damage howsoever arising from
his presence aboard the Vessel.
26. Although every reasonable
endeavour will be undertaken by the Carrier to provide
catering aboard the Vessel, this is not guaranteed and
all catering is offered subject to availability and
the Carrier shall be under no obligation to provide
27. For the comfort and safety
of all Passengers, the Carrier shall require the Passenger
to take due note of all safety notices, instructions,
advice and guidance made available aboard the Vessel,
whether issued verbally by any servant of the Carrier,
broadcast over the public address system or disseminated
on leaflets, posters or signs. The Carrier shall be
entitled to any limitation of liability for any accident,
injury or loss, where such may be due, under any applicable
Law or Statute, due to disregard on the part of the
Passenger of such safety notice, instruction, advice
TRAVEL ON BOARD.
28. Purchase of a Ticket shall
entitle a Passenger to a place aboard the Vessel on
a specified Sailing in compliance with the provisions
of the Merchant Shipping Act for the voyage being undertaken.
It does not presume the availability of any particular
seat or position aboard the vessel for such Passenger.
29. The Carrier has the right
to reserve areas of the Vessel for the exclusive use
of a Passenger or group of Passengers. Purchase of a
Ticket for a specific Sailing will not give any Passenger
the right to enter into such areas as may have been
so reserved for others.
30. The Carrier reserves the
right to offer any entertainment aboard the Vessel without
having given prior notice to Passengers, although every
effort will be made to ensure that this is advertised
in advance. The Carrier reserves the right to alter
or amend advertised entertainment at its sole discretion.
31. These Conditions of Carriage
shall be governed by English and Scottish Law and any
disputes thereunder shall be determined in England or
Scotland, at the Passenger’s reasonable choice,
to the exclusion of the jurisdiction of any other country.
If any provision of these Conditions shall, form time
to time and to any extent be illegal, unenforceable
or in any way invalid due to any changes in the law
or changes in any regulations or for any other reason
whatsoever, then the remaining Conditions shall not
in any way be impaired and any or all of these Conditions
shall be enforceable to the fullest extent permitted
32. These Conditions of Carriage
supersede all previous issues.
Waverley Excursions Ltd., Anderston
Quay, Glasgow G3 8HA.
Dated: 1st January 2004.