Download the print friendly General Conditions for provision of Ferry Services
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
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:-
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:-
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:-
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:-
‘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:-
butdoes not include any goods;
website – our websitewhich 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.
2.1 When we agree to provide our Ferry services, we areagreeing 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 agreethat 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 .
3.1 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.
4.1 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 includein the measurement:-
4.1.1 any spoilers, towing equipment, aerials, roof or bicycle racks or other items attached to your vehicle;
4.1.2 anycargo 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 nothold 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.
5.1 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 providesatisfactory 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.
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.
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.
7.1 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.
8.1 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.
9.1 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 beresponsible 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.
10.1 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 ofother 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
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.
12.1 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 departsand 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.
13.1 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 havenotified 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.
14.1 You and all vehicles, baggageand 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.
15.1 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.
16.1 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.
17.1 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.
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.
19.1 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.
These terms and conditions apply to your booking to travel on a Wightlink ferry. Please read them carefully. These conditions supersede all previous editions issued by us and may be modified or amended at any time by us. If you have any query relating to any of these terms and conditions, please contact the Wightlink customer service team on tel. 0333 999 7333. When we use any of the terms “we”, “us” or “our”, we are referring to Wightlink Limited and/or to its group companies, as appropriate, together with all employees and agents of those companies. When we use either of the terms “you” or “your”, we are referring to you and all of the people who will travel on a Wightlink ferry under your booking. These terms apply to all such persons. Please therefore ensure that these terms and conditions are brought to their attention. When we use the term “ferry”, we are referring to any catamaran or ship operated by us to provide a ferry service.
Calls may be recorded for monitoring and training purposes.
1 Applicable laws and limits of liability
1.1 These terms and conditions shall be governed by and construed in accordance with the U.K. law applicable to your main residence, or English law if you live outside the U.K..
1.2 An international convention, the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (“the Athens Convention”), establishes a regime of liability for damage or loss suffered by passengers carried on seagoing vessels. It applies to our carriage of you and your vehicles and belongings aboard a Wightlink ferry and sets out certain limits on our liability to passengers in respect of death, personal injury and damage to or loss of property. Copies of the Athens Convention are available on request from our offices and/or our customer service team, and it can be viewed from our website.
1.3 Unless you are permitted by the Athens Convention to make a legal claim against us in the courts of another country, you agree that relevant U.K. Courts shall have exclusive jurisdiction to hear all disputes or claims arising in connection with these terms and conditions.
2 Your Acceptance of These Terms and Conditions
2.1 If you are making your booking using our website, www.wightlink.co.uk, you must read and accept these terms and conditions by ticking the appropriate tickbox. If you do not accept these terms and conditions, you will not be able to progress with your booking.
2.2 If you have made your booking by telephone, or through an agent, you will have been alerted to the existence of these terms and to the fact that they will apply to your booking. You will also have been told how to access them (on the website, at our offices or by requesting a copy from our customer services team), so that you may inform yourself of their content.
2.3 These terms will apply to the use of all tickets we issue and your acceptance will be on behalf of yourself, your executors, administrators and assignors and also on behalf of and as agents for the persons travelling with you (including children) and also on behalf of the owner of any luggage (including vehicles) brought with you or them. You should therefore read them carefully.
2.4 If you have made a booking pursuant to a special offer or other promotion, other terms particular to that offer or promotion may apply to your booking and journey. Please refer to the relevant promotional materials and, if you have any questions, contact our customer services team.
2.5 While we try and ensure that all prices, times and dates quoted by our website or publications are accurate, errors may occur. If we discover an error in the price or availability of goods or services you have ordered we will inform you as soon as possible and give you the option of reconfirming your booking at the correct time and/or at the correct price or cancelling it. If we are unable to contact you we will treat the booking as cancelled. If the booking is cancelled and you have already paid for the goods or services, you will receive a full refund.
3.1 While every reasonable effort is made to avoid early departures, delay, diversions to other routes or services and cancellations, we do not undertake that services will depart or arrive at the scheduled times or at the scheduled destinations or be operated by the scheduled ferries.
3.2 For operating reasons, ships may have to sail before or after advertised times. For this reason, passengers with vehicles should check in at least 30 minutes, but not more than one hour, before the scheduled sailing time.
3.3 We may vary timetables from time to time but variations will not affect bookings which have already been made.
4 Fitness for Travel
4.1 We reserve the right to refuse to allow any person or luggage (including vehicles) to travel who or which, in our reasonable opinion, is or are unfit to be carried on a ferry for any reason.
4.2 Dogs and other domestic pets accompanying passengers travel free of charge. Please note however, that they must be seated in the desiganted area of the passenger lounge, or on the open sun-deck and can be left in vehicles providing they are well ventilated and have adequate drinking water. However, we reserve the right at all times to refuse to carry or to delay the carriage of live animals, which are carried in any event at the risk of their owner, or if the owner is not the person bringing them aboard a ferry, at the risk of such person. Such person shall be responsible for any loss or damage caused by the animal(s) to the ferry, our equipment and furnishings or the person or property of other passengers and all expenses arising therefrom or of our agents, employees and sub-contractors.
5.1 Children under the age of 5 travel free of charge.
5.2 No children aged 11 or under may travel if unaccompanied by an adult.
6 On Board
6.1 You are asked, for the safety of all passengers and crew, to comply with all instructions and directions given from time to time by Wightlink staff and crew, before during and at the end of your journey, and to ensure that all those travelling under your booking do the same.
6.2 Caravans, motorcaravans and other leisure vehicles must have the domestic LPG supply to their vehicles shut off and adequately secured whilst on board a ferry.
6.3 Subject to the orders of the Master all passengers are required to vacate the vehicle decks.
7.1 You and all of the people who will travel on a ferry under your booking and all your and their luggage (including vehicles) may be subject to a search for, and seizure of, prohibited materials or substances. Passengers refusing to be searched will not be permitted to travel.
7.2 If you intend to carry firearms and explosives as defined by Section 22 (6) of the Aviation and Maritime Security Act 1990 you must declare to us in advance of embarkation or loading. For the avoidance of doubt, firearms include firearms for recreational purpose (including sporting guns) and should be accompanied by a current valid firearm, shotgun or registered Firearms Dealer’s (RFD) certificate and these should be available for inspection by either the booking staff or port security personnel
7.3 Any firearms or explosives, which we, in our absolute discretion, permit to be carried on board the ferry, shall be entrusted to us prior to embarkation or loading, and only returned upon departure from our premises upon arrival.
8 Dangerous/Illegal Articles
Any person who takes or causes to have taken on board or stowed in their luggage (including vehicles) any dangerous goods or any inflammable or dangerous matter or articles which do not conform with any Carriage of Dangerous Goods by Sea or Police regulations shall reimburse us for all costs incurred by us both incidentally and directly consequent upon such action by such person in addition to any penalty imposed by law. We reserve the right to destroy or otherwise dispose of such goods or articles at the cost and expense of such person. Please ask if you would like a copy of our leaflet which gives further details. All dangerous goods must be declared at time of booking and at least 24 hours in advance of travel. Failure to declare dangerous goods in advance of travel and on arrival at the terminal may result in failure of shipment.
9 Bookings and Reservations
You are required to make full payment for your reservation at the time of booking to benefit from the advance booking discounted fares unless you already hold a valid ticket for your date and time of travel.
A £4.00 administration fee will apply to most vehicle bookings made via the call centre, or £10 when bought at a ticket office without an advance reservation.
10 Fares, Tickets and Check-In
10.1 Subject to validity, tickets will be accepted for the date and service for which reservations have been made. When tickets are issued on an “open” basis, reservations will be made on application subject to availability of space but the journey must be completed within 90 days of the original outward sailing date. Any amendment and/or excess charge will be payable at the time the booking is reconfirmed.
10.2 Only the person for whom a ticket was purchased may use the ticket. It cannot be resold or passed on to any other person.
10.3 Where a photocard is required to buy tickets, season tickets, books of tickets or other multi-journey tickets, that ticket is not valid unless it is produced together with the photocard to which it relates, (bearing a true likeness of the holder and a serial number corresponding with the one on the ticket) at the request of ticket collecting staff.
10.4 Any ticket remains valid for travel for the validity period of that fare purchased irrespective of any booking made. If you miss a sailing you booked, you will still be able to travel under that ticket on the next available sailing (though we will of course give priority to those who have booked each sailing).
10.5 Tickets and season tickets remain our property and must be given up for inspection or collection on demand by our employees or nominated agents.
10.6 All fares appearing in our brochures or otherwise advertised are subject to availability. We also reserve the right to apply a surcharge to any of our fares on the date you pay for your ticket, for example a fuel or insurance surcharge. We will notify you of any such surcharges before you purchase any ticket.
10.7 Fares vary according to the length of your vehicle. Vehicle lengths, for calculating fares, are taken as the actual length of the vehicle (and any trailer or similar) as measured at the time of shipment. The overall height limits of vehicles, including laden roof rack and trailers, must not exceed 4.06m, unless we have agreed otherwise in writing prior to shipment. Trailers rates are only available to non motorised vehicles, motorised vehicles (such as cars) which are towed behind another vehicle are charged at the appropriate standard vehicle rate. You must declare the height of your vehicle and any roof-top items, including, but not limited to, aerials, cycle racks, luggage and sporting equipment, when the height is 2.26m or above. Failure to declare may result in your being unable to travel on your booked sailing.
10.8 Excess fares may be payable when foot passengers holding return tickets return by another route.
10.9 Tesco Clubcard vouchers will not be accepted as payment on promotional or Super Saver fares.
11 Boarding and Departure
11.1 If a driver is absent from his vehicle and we consider that any damage or delay to the ferry or luggage may occur due to such absence at the time such vehicle is required to be loaded on or discharged from the ferry, we may, using reasonable force if necessary (without notice to such driver) load or discharge such vehicle on or from the ferry.
11.2 Unless the Athens Convention applies mandatorily, we shall not be liable for any loss of or damage, injury or delay to the vehicle, luggage or goods nor for any consequential damage howsoever caused during loading or discharge by us pursuant to Clause 11.1 above, save where such loss, damage, injury or delay is caused wilfully by us or by our negligence. We will require you to reimburse us for all payments we make in respect of claims, demands, costs and expenses made against or incurred by us in respect of any personal injury (fatal or otherwise) or damage to or loss of property arising from or caused by any defect in or failure of any vehicle during loading or discharge by us pursuant to Clause 8.1.1 above save where such loss, damage, injury, or delay is caused wilfully by us or by our negligence.
11.3 Claims will only be considered if, in the event of damage to a vehicle or its contents, a damage report shall be prepared and signed by our authorised representative at the time of the incident.
12 Our Liability
12.1 The Athens Convention applies to your travel and that of any other passengers to whom your booking applies and operates to limit our liability to you and any such person(s) during a “period of carriage”, which is defined by the Athens Convention. Our liability to you and to any other passengers travelling under your booking in respect of any:
12.1.1 Death or personal injury; and
12.1.2 Loss of or damage to property which occurs during this “period of carriage” shall in no event exceed the appropriate limits set out in the Athens Convention, as such limits may apply from time to time in England and Wales. The “period of carriage” varies, depending on whether it is being applied to you, to the relevant other passenger(s), or to luggage or vehicles.
12.2 Where the Athens convention applies, any action arising out of the death of or personal injury to a passenger or for loss of or damage to luggage (including vehicles) shall be time-barred after a period of two years. The limitation period shall be calculated in accordance with Article 16(2) of the Athens Convention.
12.3 Our liability in respect of any loss, damage, delay or detention of or to you or any other passengers travelling under your booking, or to your or their luggage (including vehicles) which occurs outside this “period of carriage” shall also in no event exceed the limits set out in articles 7 and 8 of the Athens Convention, as such limits may apply from time to time in England and Wales. The limits of our liability set out in this clause 12.3 above shall apply whether or not the loss, damage, delay or detention is a result of our negligence or the negligence of our servants, agents or sub-contractors.
12.4 The employees of us and our sub-contractors shall not be liable to you for any loss arising from any act, neglect or default by them while acting in the course of their employment or in providing services. They will benefit from all legal defences and protections available to us and we act on their behalf in relation to this.
12.5 These limits on our liability shall apply to any action against us whether the action is founded in contract or tort.
13 Lost and Abandoned Property
13.1 We will not be liable for loss of or damage to or delay or misdelivery affecting any luggage (including vehicles) or goods left on our terminals, premises or ferries unless such loss, damage, delay or misdelivery is a result of our negligence.
13.2 We reserve the right to make a reasonable charge for the restoration of such property to its owner unless such loss, damage, delay or misdelivery is as a result of our negligence.
13.3 Any property not claimed within 3 months of being so left will be regarded as abandoned and may be sold or otherwise disposed of by us at our discretion and we shall have the right to retain any proceeds of sale. Any luggage or goods of a perishable nature or which in our opinion may cause injury or inconvenience may be disposed of earlier than 3 months at our absolute discretion.
14 Alterations to Bookings, Cancellation Charges and Refund Procedure
14.1 All alterations requested by you to a booking or reservation are subject to availability. For “Standard” fares we will not charge you for any alteration though additional fare may be payable. For other ticket types the first alteration to a booking will incur no charge. Any second or subsequent changes will incur a £5 administration charge. If the change results in an excess payment that is greater than £5 the admin charge will be waived. When amending a booking, but no alternative date can be specified, the reservation will stay ‘open’ for subsequent confirmation, but the journey must be completed within 90 days of the original outward sailing date. Any amendment and/or excess charge will be payable at the time the booking is reconfirmed. All amendments to bookings must be made in advance of the booked travel dates/times, failure to amend a booking in advance of travel will results in the booking being cancelled, if it has not been travelled on.
14.2 Cancellation by You – If you wish to cancel your booking or reservation after we have confirmed it, you should tell us as soon as possible and in any case at least 24 hours before the date of departure. You should contact us by telephoning the Call Centre on 0333 999 7333; via this website or by writing to Wightlink. If you cancel, we will refund the amounts you have paid but reserve the right to charge a cancellation fee on the scale set out below:
Above fees refer to a return booking on one ticket type.
Please note: Refunds will not be considered on bookings that a customer has failed to cancel (or advised of non travel) within 24 hours of departure; on part-used tickets; or on “Economy”/special offers/promotional fares.
14.3 Any refunds made on unused journeys from books of 10, 20 and 30 tickets, including “Multilink” tickets, will be calculated at 75% of the value of unused tickets, no refunds will be made on books of 5 tickets. Claims must be made within 30 days from the expiry date.
14.4 Season Tickets – Annual Season Tickets will be refunded to the value of complete unused months, less one month. 3 Month Season Tickets will be refunded to the value of complete unused weeks, less three weeks. No refunds will be given on weekly or 1 Month tickets.
14.5 Refund Applications – All requests for refunds must be made in writing. Tickets should be sent to: Refunds Department, Wightlink Ltd, Gunwharf Road, Portsmouth, Hampshire PO1 2LA.
14.6 Lost, Stolen, Damaged or Destroyed Tickets – Wightlink Limited cannot be held responsible for any tickets that are lost, stolen, damaged or destroyed and no refunds will be made or replacement tickets be issued in respect of these. You are advised to contact your insurance company to check whether any policy you hold will cover lost, stolen or destroyed tickets, and if not to make provision to include them.
14.7 Tickets purchased through business to business contracts will be subject to payment, amendment and cancellation terms as specified in the relevant documentation and contract.
15 Carriage on other Carriers
In the event that you purchase a ticket from us for, or to the extent your journey incorporates, travel on another mode of transport, such travel will be subject to the regulations and conditions of carriage of the carrier or carriers involved. Wightlink Limited shall issue any ticket issued for or used on such other transport as agents only for the carrier or carriers concerned.
16.1 No failure by us to enforce or rely upon any of these terms and conditions shall be constructed as a waiver or shall affect our right to enforce any other terms and condition(s).
16.2 If any of these conditions 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 Conditions all of which shall remain in full force and effect.
16.3 Our employees and agents have no authority to waive or vary any of these conditions.
16.4 We may contract with any other person at our absolute discretion for the whole or any part of the carriage of you or your luggage (including vehicles) pursuant to these terms and conditions.
17 EU Legislation
Regulation (EU) No 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway becomes applicable on 18 December 2012.
A summary of provisions concerning the rights of passengers when travelling by sea and inland waterway can be found below.
Wightlink works hard to run a reliable service. When problems do occur, we do our best to minimise the impact on our customers. Wightlink have created a ‘Looking After You’ leaflet which sets out your rights in the event of a delayed or cancelled sailing, and how Wightlink will assist or compensate you.
1. Entry is open to all UK residents who have travelled with Wightlink and have been invited to take part in this survey. It excludes employees of Wightlink Ltd or anyone professionally connected with the administration of the draw.
2. If you are under 16, please check with your parent or guardian before signing up to receive more information.
3. The prize is return car ferry travel to and from the Isle of Wight from either Portsmouth or Lymington, Fishbourne or Yarmouth subject to availability. Ticket is valid for a car plus seven passengers and excludes mini-buses, coaches and commercial vehicles.
4. One winner will be chosen on the last day of every month at random from all entries.
5. Winner will be notified by the 10th day of the month.
6. Prize must be redeemed by 30 March 2017.
7. The judges’ decision is final and no correspondence will be entered into regarding the decision.
8. The prize must be accepted as a whole and no alternative full-cash or other prize is available, in whole or in part, except that in the event of circumstances outside of its control the promoter reserves the right to substitute a similar alternative of equal or greater value.
9. Unless otherwise agreed in writing by the promoter, the prize will only be available to the winner and cannot be sold.
10. The promoter reserves the right to amend, alter or withdraw the promotion as necessary due to exceptional circumstances outside its reasonable control.
11. Participants are required to supply complete and accurate details. In the case of incomplete or incorrect details being provided, or the Promoter being unable to contact the winner within 28 days, the promoter reserves the right to award the prize to a reserve selected at the same time as the original.
12. By entering this competition you agree to your name and entry details being used in any required publicity material. Winning names may be displayed on our website after notification; a paper copy of winning names is available. Please send a SAE to: Marketing department, Wightlink Ltd, Gunwharf Road, Portsmouth, PO1 2LA.
13. By entering the competition, entrants will be deemed to have accepted and be bound by these terms and conditions. By entering this competition your contact details will be added to Wightlink Ltd mailing list for marketing purposes. If you are under 16, please check with your parent or guardian before signing up to receive more information. To unsubscribe, please write to us at: Marketing department, Wightlink Ltd, Gunwharf Road, Portsmouth, PO1 2LA.
Vouchers can be used towards the purchase of any travel on Wightlink’s services. They cannot be used in retail units, on business credit accounts, nor for any third party extras (such as festival, attraction or rail tickets, etc.).
Vouchers are non-refundable and have no cash redemption value. Valid for one year from date of issue – travel must be completed before the expiry date of the voucher which cannot be extended.
Most vehicle and passenger fares can be reserved online with no booking fee using this special link here. These vouchers cannot be used online with another discount (such as blue badge discount, promotions, special links, etc.) or to make Ticket Pass top-ups. For most other vehicle reservations, a booking fee may apply for bookings made through our contact centre or at a ticket office. You will need the voucher number at the time of making your booking.
You can use more than one voucher within the same transaction, and if you do not use the full value you can use the voucher again next time you book until all the credit is used up until the expiry date of the voucher. Once the voucher has expired, any remaining value will be lost.