CONDITIONS OF CARRIAGE – WAVERLEY EXCURSIONS LTD.
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 Carriage:-
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 servants.
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 charge.
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 CONVENTION.
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, or
(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 otherwise prove.
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 shall prevail.
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 OF SAILINGS.
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 where:-
• 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 may arise.
• 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, unsuitable.
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 Passenger.
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 of Carriage.
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 any catering.
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 or guideline.
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 by Law.
32. These Conditions of Carriage supersede all previous issues.
Waverley Excursions Ltd., Anderston Quay, Glasgow G3 8HA.
Dated: 1st January 2004.