Wightlink Ltd. General Conditions For Ferry Services

These conditions apply to the carriage of all passengers, vehicles and goods on our ferries so PLEASE READ THESE CONDITIONS CAREFULLY

1. What particular words and expressions mean in these conditions:

Athens Convention – the convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (as amended by the 2002 Protocol) and any orders made under it;

authorised agent: any person appointed by us to distribute, sell or make available tickets or make bookings for our sailings;

booking, book, booked – a booking is a reservation for one or more passengers to travel on one or more sailings (which may also include the carriage of vehicles and goods on some or all of the sailings in the booking);

contract – a contract between you and us for our ferry services which incorporates these general conditions;

dangerous goods – anything falling within the definition of ‘dangerous goods’ in the International Maritime Dangerous Goods (IMDG) Code;

events beyond our control – any event beyond our reasonable control which will include:-

1. • acts of God, natural disasters, viral outbreak, epidemic, adverse weather conditions, flood, fire or explosions, civil disorder, obstruction to navigation, damage or obstruction to any of our premises, systems or equipment (including any ferry), damage or obstruction to any premises, systems or equipment at any port, any failure of any systems or equipment at any port, labour or trade disputes, terrorist activities, war, any act or omission of government or any other public authority (including law enforcement agencies and any coastguard agency) or any port authority, harbour pilot or harbour master or port operator; and
   • in respect of any goods, any lack of or defective marking, labelling, addressing, or packaging and any handling, loading, stowage or unloading of the goods by you or the consignee exposing them to total or partial loss or damage through breakage, salt or fresh water damage, rust, decay, desiccation, leakage, wastage, inherent or latent defect or natural deterioration;
   • actions of any passengers or shippers including their neglect or default or breach or failure to comply with any provision of their contract with us;

ferry – any catamaran, ship or other vessel operated by us (or by any person on our behalf) on any sailing;

general conditions – these conditions;

goods – cargo, property, baggage, machinery, equipment and other goods including:-

1. • any sporting equipment;
   • any live animal;
   • any non-motorised cycle (such as a bicycle); and
   • any boat, craft, cycle or other vehicle(whether it is motorised or not)which is carried on a truck, wagon or trailer or other vehicle as cargo;
   • any wheelchair or other mobility aid, invalid carriage or mobility scooter;
   • any medical equipment;

online booking facilities – our online booking facilities which we make available on our website;

passenger – means any person (other than a member of our staff or crew) who:-

1. • travels on a sailing;
   • holds a ticket for a sailing; or
   • is booked to travel on a sailing;

person – any natural person and any company or other incorporated or unincorporated body;

photocard – a card issued by us for the purposes of identifying the card holder and which carries a passport size photograph of the card holder;

port – any port or harbour to (or from) which any of our sailings operate;

premises – any premises owned, operated or occupied by us (or any of our authorised agents) including our offices, any passenger lounge or ticket office and any dockside facilities (such as car parks, storage facilities or loading areas) and any dock, pontoon, ramps, gangways and other boarding or loading equipment or facilities;

price – our fees and charges for travel or carriage on a sailing;

regulations – any instructions, rules, stipulations, regulations, guidelines, policies and procedures issued by us which are applicable to tickets, bookings, sailings, passengers, goods or vehicles and shall include our product guide as published on our website from time to time setting out details of our all our ticket and booking types and our other products together with any additional terms and conditions which may apply in respect of them;

route – a route between two ports upon which we operate a ferry;

sailing – a sailing of a ferry on a route;

shipper- any person (including their employee, sub-contractor or agent), whose goods or whose vehicle we carry on any sailing and who does not travel with the goods or vehicle on the sailing as a passenger;

ticket – a ticket we or our authorised agents issue on paper, by fax, by E-mail or electronically to passengers which entitles one or more passengers (and if applicable, one or more vehicles)to travel on one or more sailings and which may include all or any of the following information:-

1. • your details;
   • type of ticket or booking (for example, standard or economy single or period return);
   • details of any vehicles included on your ticket or in your booking;
   • the number of additional passengers (if any) included on your ticket or in your booking;
   • the routes and times of the sailings included on your ticket or in your booking;
   • the latest time for check-in for the sailing and any special boarding instructions or requirements;
   • details of our prices for your ticket or booking;
   • any other special conditions or special requirements applicable to your ticket or booking or to any of the passengers, goods or vehicles included on your ticket or in your booking; and

‘ticket‘ may include tickets (such as season tickets or multiple pass tickets) which allow passengers to book travel on (or to board) multiple sailings on one or more routes (according to ticket type) subject to availability on any particular sailing;

trailer – any non-motorised wagon, trailer or caravan;

vehicle – includes:-

1. • any motorised moped, scooter, motorcycle, motorised tricycle or quad bike;
   • any motorised car, van, truck, lorry, tractor or other agricultural, construction, military, passenger or goods vehicle;
   • any motorised bus, minibus or coach; and
   • any combination of any of the above with any one or more trailers, sidecars or other accessories or attachments;

but does not include any goods;

website – our website which is available at www.wightlink.co.uk;

Wightlink, we, us, our – Wightlink Limited whose registered office is at Gunwharf Road, Portsmouth. PO1 2LA including our staff and crew;

References in these general conditions to ‘you‘ and ‘your‘ are references to a passenger or a shipper and will include any other person who purchases a ticket or makes a booking for or on behalf of any passenger or shipper;

Any words following the terms including, include, in particular, for example, such as or any similar expression are intended to be illustrative and shall not limit the sense of the words, which follow them.

2 Your contract with us for ferry services

2.1 When we agree to provide our Ferry services, we are agreeing to do so on the basis of a contract between you and us which comes into force when:-

2.1.1 you buy a ticket from us or one of our authorised agents;

2.1.2 you make a booking with us or one of our authorised agents; or

2.1.3 anyone does any of these things for you on your behalf.

2.2 The contract is governed by:-

2.2.1 your ticket;

2.2.2 any special conditions specified on your ticket or otherwise confirmed in writing by us;

2.2.3 any special conditions applicable to your ticket or booking which are set out on our website or otherwise made available to you from our ticket offices, from our call centre and from our authorised agents;

2.2.4 in respect of promotional or discounted offers or prices, any special conditions relating to the offer contained on our website or which are contained or referred to in any marketing or advertising material we may issue relating to the offer or which are otherwise made available to you from our ticket offices, from our call centre and from our authorised agents;

2.2.5 our regulations;

2.2.6 these general conditions.

2.3 To the extent there is any conflict between any of the documents listed above, those documents which appear higher up in the list will apply to the contract in favour of those lower down in the list.

2.4 These general conditions supersede all previous editions issued by us and may be modified, amended or replaced at any time by us.

2.5 Any waiver of or variation to any of the terms or conditions in the contract shall only be valid if they are agreed by us in writing.

2.6 When you make your booking or purchase your tickets, you accept these general conditions and any additional conditions in the documents listed above which apply to the contract. You agree that your acceptance is given on behalf of yourself, your executors, administrators, successors and assignees and also on behalf of:-

2.6.1 any other persons for whom you are purchasing a ticket or making a booking; and

2.6.2 any shipper or owner of any vehicles and any goods which you may bring with you to be carried by us on a sailing; and

you warrant to us that you have authority to enter into the contract on behalf of them and you agree to ensure that they shall comply with the provisions of the contract.

2.7 If you travel using a ticket purchased or under a booking made for you by any other person, you acknowledge and agree that by boarding your sailing (or entering our premises or using our facilities in preparation for your sailing) you accept that the provision of our services and facilities is governed by a contract between you and us as described in these general conditions.

2.8 You must ensure that these conditions and any additional conditions in the documents listed above are brought to the attention of any persons and any shipper for whom you purchase a ticket or make a booking.

2.9 If we arrange (or our authorised agent arranges) for someone else to provide other services or facilities (such as travel, meals, festival or event tickets or visits to attractions) you must observe and comply with any conditions they may impose upon you for providing that service or facility. We only make arrangements with others acting as an agent and they will be liable for the provision of those other services or facilities under their own conditions. We shall not be liable to you for any act or omission they may make or any failure by them to provide those services or facilities. Please note that travel and entry restrictions may apply to attractions and events. It is your responsibility to check for any restrictions which may affect your enjoyment of any attractions or events.

2.10 You acknowledge and agree that we are not a ‘common carrier’ (someone who must take any passenger who offers the right payment).

2.11 You agree that the contract is subject to the laws of England and any claim or dispute under it will be subject to the exclusive jurisdiction of the English courts.

2.12 If you have any query relating to any of these conditions, please contact the Wightlink customer service team on tel. 0333 999 7333 (network charges may apply) or by using the ‘contact us’ form set out on our website .

3 General conditions relating to our fees and charges for ferry services

3.1 Our prices vary according to a number of factors including route, ticket or booking type, travel dates, time of departure and availability and (if a vehicle is to be included) type and size of vehicle.

3.2 Details of our prices for sailings are available on our website. In addition, details of our prices for sailings may be obtained from our ticket offices, from our call centre and from our authorised agents.

3.3 In addition to our prices (and any other applicable fees and charges), we shall charge you (and you shall be required to pay) any applicable VAT, or other taxes or duties.

3.4 In certain circumstances, we may charge and you may be liable to pay to us additional booking fees or administration charges in connection with your ticket or booking. These may include for example, booking fees for certain types of bookings or administration or cancellation fees if you seek to amend or cancel your booking. Details of these additional charges and the circumstances in which they will become payable are available on our website and may be obtained from our ticket offices, from our call centre and from our authorised agents.

3.5 We do not make any additional charge to carry children under the age of 5 aboard our sailings.

4 Prices for the carriage of vehicles

4.1 Our prices for the carriage of a vehicle on a sailing vary according to the type, and the size of your vehicle. For these purposes, the size of a vehicle shall be the actual size of the vehicle as measured or agreed by us at the time of the sailing and we will include in the measurement:-

4.1.1 any spoilers, towing equipment, aerials, roof or bicycle racks or other items attached to your vehicle;

4.1.2 any cargo carried in or on your vehicle including any boats, water craft, vehicles or other equipment or machinery;

4.1.3 any other goods, equipment, machinery or other materials affixed to or carried on either:-

(a) your vehicle; or

(b) any cargo carried on your vehicle.

You agree to take this into account when you provide to us any measurements relating to your vehicle.

4.2 It is your responsibility to ensure that you hold the appropriate ticket or booking for your vehicle according to the size and type of your vehicle. If you do not hold an appropriate ticket or booking for your vehicle, we may refuse to allow you to board your sailing.

4.3 Further details of the ticket types we offer for the carriage of vehicles on our sailings are available on our website, from our call centre and ticket offices and from our authorised agents.

4.4 In addition to our price, we reserve the right in respect of your ticket or booking to:-

4.4.1 charge to you any additional costs, levies, taxes or duties which we are required to charge to you as a result of any changes in applicable laws, or regulations; and

4.4.2 if you are a business (and not a consumer) pass on to you in the form of an additional surcharge, a reasonable proportion of any increases in the cost to us of providing the ferry services described on your ticket or in your booking.

5 Tickets and bookings

5.1 We offer a variety of different tickets and booking types. We will include details of the range of tickets and bookings available for each sailing on our website including any additional conditions or eligibility requirements which may apply for any particular ticket or booking type and we will ensure that this information is also available from our ticket offices, from our call centre and from our authorised agents.

5.2 If you hold a season ticket, multiple pass ticket or other ticket type which allows you to book travel on or to board multiple sailings on one or more routes, you acknowledge and agree that the number of spaces aboard each sailing for holders of these types of tickets is limited to a reasonable allocation which is determined by us for each sailing in advance. We shall have no obligation to accept any booking for you to travel or to allow you on board any sailing if there is no space available for you within the allocation for your type of ticket.

5.3 Bookings and tickets are personal to you and are not transferable to other persons.

5.4 Some of our ticket types (for example tickets for students or for residents of the Isle of Wight) are available with a discounted price for passengers who qualify for the discount. If you wish to take advantage of any of these discounted prices, we may ask you to provide satisfactory evidence that you qualify for the discount when you make your booking or purchase your ticket and when you board the sailing. If you cannot provide satisfactory evidence when we ask you, we shall be under no obligation to accept your booking, issue your ticket or to allow you to board the sailing.

5.5 If you or any of your passengers lose a valid ticket or if a valid ticket is stolen, defaced, damaged or destroyed, we may at our discretion issue a replacement ticket but we reserve the right to charge an administration fee at the rate set out in our tariff.

5.6 Photocards

In order to make use of some ticket types we may require you to provide to us photographic evidence of your identity before we allow you to board your sailing. The photographic evidence which you provide must be in a form acceptable to us. In addition to photocards, we may accept any of the following documents as sufficient photographic evidence of your identity:-

5.6.1 your passport;

5.6.2 your HM Forces ID Card; or

5.6.3 the portion of your driving licence which bears your photograph.

6 Promotional Offers

We make promotional offers for tickets and bookings from time to time which may be subject to additional conditions. We shall ensure that any additional conditions relating to our promotional offers are:-

6.1.1 published on our website and included or referred to in any advertising or marketing materials relating to the offer; and

6.1.2 available from our ticket offices, from our call centre and from our authorised agents.

7 Missed sailings, changes to tickets and bookings and cancellations

7.1 If you have made a booking or hold a ticket for a sailing, your rights if you miss your sailing, fail to check in for, fail to board your sailing or if you wish to cancel or make any other change to your booking, will depend upon the circumstances and upon the type of ticket which you hold or the type of booking which you have made.

7.2 Further details of your rights are available on our website, from our call centre and ticket offices and from our authorised agents.

8 Paying for your booking or your tickets

8.1 We require full payment of our prices at the time of you make your booking or purchase your ticket with some limited exceptions including (for example) monthly fees for season tickets which are subject to different payment terms. Full details of the payment terms applicable to all types of tickets or bookings which we offer are available on our website, from our call centre and ticket offices and from our authorised agents.

8.2 We may accept payment for certain types of tickets or bookings in the form of reward tokens or vouchers. Further details are available on our website, from our call centre and ticket offices and from our authorised agents together with details of how to make your booking or purchase your ticket using your reward tokens or vouchers.

8.3 If we charge you any administration fee, cancellation fee or other one-off fee or additional price of any description, we shall require payment at the time it is incurred.

8.4 We reserve the right to levy an additional charge where payments are made by credit card. Details of any additional charges for credit card payments are available on our website, from our call centre and ticket offices and from our authorised agents.

9 Boarding and Fitness for Travel

9.1 We may refuse to allow on board a sailing, any passenger who arrives to check in for a sailing at any time after the latest time to check in for the sailing has passed. The latest time to check-in for your sailing will be shown on your ticket or booking confirmation and on our website.

9.2 We may refuse to allow any child aged 11 years or less to travel on a sailing unless accompanied by a passenger aged 16 or more.

9.3 We may refuse to carry live animals but you may travel on a sailing with your dog or other domestic animal if we agree.

9.4 If we agree to allow any pet on board a sailing with you, we will not make any additional charge for them but you will be responsible for keeping control of them at all times including on our premises and while on board the sailing. In particular you must ensure that any pet travelling with you:-

9.4.1 remains in those areas designated by us as being suitable for pets and is kept off furnishings (such as chairs, benches or tables) or equipment; and

9.4.2 is suitably restrained in an appropriate pet carrier or with an appropriate leash or harness; or

9.4.3 is left securely in your vehicle and has adequate ventilation, space, drinking water and protection from direct sunlight.

9.5 Assistance dogs are allowed to access all public areas on our ferries except designated children’s play areas.

9.6 You will be responsible to us for any losses, costs or damage caused by any live animal travelling with you to our ferry, equipment and furnishings or the person or property of other passengers or shippers or any of our staff or crew.

10 Conduct of passengers

10.1 If, in our reasonable opinion, any passenger appears to:-

10.1.1 be likely to cause discomfort or disturbance to other passengers or to our staff or crew; or

10.1.2 pose a threat to the safety or security of a sailing, of our premises or of other passengers or our staff or crew;

we may refuse to allow that passenger on board the sailing and require that passenger to vacate our premises. If that passenger is already aboard a sailing, we may restrict the movements of that passenger while on board the sailing and require that passenger to disembark the sailing as soon as reasonably possible.

10.2 We will not be obliged to waive or refund the cost of your ticket or booking or to reimburse you for any other costs or losses in these circumstances

11 Schedules

We will do all we reasonably can to make sure that our sailings run at the advertised times and on the advertised routes. However, we may need to change the route of a sailing, delay or bring forward the departure or arrival time of a sailing, cancel a sailing, or replace a ferry with a different vessel for the safety, security or convenience of our passengers, for operational reasons or as a result of events beyond our control. For these reasons, we cannot guarantee that our sailings:-

11.1 will run on time;

11.2 will make the journey by the advertised, or by the normal or shortest route.

12 On Board

12.1 For the safety of all passengers, staff and crew and the efficient operation of our ferry services, you must comply with all lawful instructions and directions given by our staff and crew while you are on our premises, when you are boarding or disembarking from any sailing and while you are on board any sailing.

12.2 You must vacate the vehicle decks of our ferry before the ferry departs and not return to the vehicle decks while the ferry is under way unless instructed to do so by our staff or crew.

12.3 If we reasonably consider that any vehicle (or any goods) brought onto our premises or brought on board any sailing by you is (or are) likely to cause:-

12.3.1 any damage to our premises, any ferry or any of our equipment or facilities,

12.3.2 any damage to any other goods (including any luggage or cargo) or any vehicles;

12.3.3 any obstruction or delay to the sailing, to passengers or to our staff or crew; or

12.3.4 any injury to anyone;

we may (without notice) use reasonable force to move, load, disembark or remove the goods or vehicle. In these circumstances we shall have no liability to compensate you for any resulting loss or damage.

13 Dangerous Goods

13.1 We will have no obligation to allow onto our premises or allow on board any sailing any dangerous goods unless we agree to do so in writing.

13.2 You must declare to us when you make your booking or purchase your ticket, any dangerous goods you intend to carry aboard any sailing (or if you are a shipper, any dangerous goods you intend to ship)and provide to us:-

13.2.1 satisfactory evidence of your authority to carry or ship the dangerous goods;

13.2.2 the relevant UN number under which your dangerous goods are classified; and

13.2.3 all other information we may need regarding the safe and secure transport and stowage of your dangerous goods.

13.3 We will not in any circumstances agree to allow onto our premises or to allow on board any sailing any dangerous goods under any ticket or booking which is purchased or made less than 24 hours prior to the applicable sailing.

13.4 If we agree to ship for you or allow you to bring any dangerous goods onto our premises or on board any sailing, you must ensure that:-

13.4.1 your dangerous goods are safely and securely stowed in or on a suitable vehicle; and

13.4.2 you comply with :-

(a) the Carriage of Dangerous Goods and Use of Transportable Pressure Receptacles Regulations 2009;

(b) the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987;

(c) the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997;

(d) the Explosives Act 1875;

(e) the Dangerous Substances in Harbour Areas Regulations1987; and

(f) the Bye-Laws of any port on the route of the sailing;

(as amended, updated or replaced from time to time) and any other applicable laws and regulations applicable to the handling, carriage, packaging, containment, storage and labelling of dangerous goods;

13.4.3 ensure that Tremcards accompany any of your dangerous goods which require them;

13.4.4 comply with any directions we may give you regarding the dangerous goods (including the movement, carriage, containment, packaging, stowage or labelling of them).

13.5 If you:-

13.5.1 bring onto our premises or bring aboard any sailing, any dangerous goods:-

(a) without informing us or without obtaining our written agreement in advance;

(b) without having the proper legal authority; or

(c) which are not properly and safely stowed, contained, secured, packaged and labelled;

13.5.2 fail to observe or comply with applicable laws, regulation or guidelines or any instructions we may give in relation to dangerous goods; or

13.5.3 fail to observe or comply with any condition of your contract with us which relates to dangerous goods;

we may refuse to allow you onto our premises or aboard any sailing, require you to vacate our premises or remove the dangerous goods from our premises or to disembark from the sailing and remove the dangerous goods from the sailing at the earliest opportunity and we shall be entitled in our sole discretion and without notice to you or your passengers or to any shipper, to remove, disembark, abandon, destroy, dispose of or render innocuous the dangerous goods. In these circumstances, we shall have no liability to compensate you for any resulting loss and we will have no obligation to waive or to provide any refund to you of any prices, fees or charges paid or payable by you. In addition, we reserve the right to charge you all costs and expenses which we incur in taking such action.

13.6 We will not in any circumstances, allow onto our premises or aboard any sailing:-

13.6.1 any passenger carrying dangerous goods about their person;

13.6.2 any spare cans or containers of gas or fuel (including empty cans or containers).

13.7 You must ensure that any domestic LPG supply for any caravan, motorcaravan, boat or other vehicle in your booking, is shut off, disconnected and adequately secured while on our premises and while on board any sailing.

13.8 You shall at all times remain responsible for any injury, loss or damage resulting from your dangerous goods whether or not you have notified us of the dangerous goods and whether or not we have agreed in writing to carry them.

13.9 If you are unsure whether any goods are dangerous goods, please refer to our website or contact us for further information.

14 Security and searches

14.1 You and all vehicles, baggage and goods which you bring onto our premises or onto any sailing may be subject to a search.

14.2 We may require you to vacate our premises or to disembark from any sailing at the earliest opportunity and to remove from our premises or (at the earliest opportunity) from any sailing, any baggage, goods or vehicle if you refuse to allow any search. In these circumstances, we shall have no liability to compensate you for any resulting loss and we will have no obligation to waive or provide any refund to you of any prices or fees paid or payable by you. In addition, we reserve the right to charge you all costs and expenses which we incur in taking such action.

14.3 If, we discover any unlawful, unauthorised, prohibited or restricted, goods, materials or substances brought onto our premises or onto any sailing by you, we may seize, remove, confiscate, abandon, destroy or dispose of them without notice. In these circumstances, we shall have no liability to compensate you for any resulting loss and we will have no obligation to waive or provide any refund to you of any prices or fees paid or payable by you. In addition, we reserve the right to charge you all costs and expenses which we incur in taking such action.

15 Lost or abandoned property

15.1 Any luggage, goods or vehicles which reasonably appear to us to have been mislaid, lost or abandoned at our premises or on board any sailing:-

15.1.1 may be moved or removed and if necessary, dismantled, disassembled or broken up by us in order to move or remove them from any sailing or from our premises;

15.1.2 may be sold or otherwise disposed of by us at our discretion and the proceeds of any sale donated to charity, if they are not claimed within 12 weeks of being found or handed in to us; or

15.1.3 if we reasonably consider that they may cause damage injury or inconvenience, we may destroy or dispose of them at any time.

15.2 We reserve the right to ask any person making a claim for any lost luggage, goods or vehicles, to provide reasonable evidence of ownership.

16 General provisions relating to your liability and our liability

16.1 Except in circumstances where the Athens Convention applies, nothing in the contract shall limit or exclude our liability for death or personal injury caused by our own negligence, or the negligence of our employees, agents or subcontractors.

16.2 Nothing in the contract shall limit or exclude our liability for

16.2.1 fraud or fraudulent misrepresentation; or

16.2.2 any other liability which cannot be limited or excluded by applicable law.

16.3 If you are a business (and not a consumer) the following shall apply:-

16.3.1 We shall not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of anticipated savings, loss of or damage to goodwill, loss of data or for any indirect or consequential loss arising under or in connection with the contract.

16.3.2 Subject to conditions 16.1, 16.2and 16.3.1, our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the contract shall be limited to two hundred and fifty thousand pounds (£250,000) per claim or in the event that the Athens Convention applies in respect of any particular type of loss which you may suffer , our liability to you for that loss shall be limited to the amount specified in the Athens Convention.

16.4 Subject to conditions 16.1and 16.2, we shall not be liable if the performance or the prompt performance of our obligations under our contract is prevented or affected by any events beyond our control.

16.5 You shall be liable for any loss, damage or delay which we or any third party suffers and for any personal injury or death to any persons caused or inflicted by your goods or vehicle.

17 Our liability if the Athens Convention applies

17.1 Our liability for:-

17.1.1 death or personal injury; and

17.1.2 the loss of or damage to your goods and your vehicle and the goods and vehicles of your passengers (including any valuables);

which occurs in the course of carriage by us will (in most circumstances) be limited by the Athens Convention.

17.2 In accordance with the Athens Convention, the goods and vehicles which you and your passengers bring on board a sailing will be presumed to have been delivered undamaged by us unless we are given written notice by you or your passengers:-

17.2.1 in the case of damage which is apparent before or at the time of disembarkation; or

17.2.2 in the case of damage which is not apparent, within 15 days of disembarkation;

17.2.3 in the case of loss, within 15 days of disembarkation.

17.3 None of our employees, agents, independent contractors or sub-contractors shall in any circumstances be under any liability to you for any loss, damage or delay arising directly or indirectly from any act or omission on their part while acting in the course of their employment or engagement by us and every right, exemption, limitation, condition, defence and immunity which applies to us shall in addition, apply for the benefit of our employees, agents, independent contractors and sub-contractors. For these purposes, we shall be regarded as acting as agent or trustee for our employees, agents, independent contractors and sub-contractors.

18 Additional rights of passengers

EU regulation EU No. 1177/2010 provides additional rights for our passengers and obligations for us with regard to our ferry services. These additional rights and obligations are described on our website and you may obtain details of these additional rights and obligations from our ticket offices, by ringing our call centre and from our authorised agents.

19 General

19.1 No failure by us to enforce or rely upon any of the provisions our contract with you shall be construed as a waiver or shall affect our right to enforce any other provisions.

19.2 If any of the provisions in our contract with you shall become or be declared invalid or unenforceable by any tribunal or court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions all of which shall remain in full force and effect.

19.3 We may sub-contract with any other person at our absolute discretion to provide any of the services and fulfil any of our obligations under our contract with you.