Terms & Conditions for the Carriage of Persons, Non-commercial Vehicles and Goods on Wightlink Ferries – MULTILINKS
Issued December 2006
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.
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 at www.wightlink.co.uk.
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 checking 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.
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. 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.
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 & Maritime Security Act 1990 you must declare to us in advance of embarkation or loading. For the avoidance of doubt, firearms include firearms used for recreational purpose (including sporting guns) whether owned under licence or not.
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.
9 Bookings and Reservations
Advance booking restrictions apply for multilink ticket bookings for sailings as reasonably determined by Wightlink from time to time. Please call us on 0333 999 7333 for further details.
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.
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. Multilink tickets can only be used by Isle of Wight residents living at the address as stated on the multilink application form and random ticket checks will require the driver’s licence to be produced at time of travel showing the main place of residence to be address. Any tickets which Wightlink considers being misused will be surcharged to standard full price return rates and Wightlink reserves the right to cancel any other multilink tickets held by the purchaser.
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. 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.
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. Alterations to bookings will incur no charge.
14.2 Cancellation by You – If you wish to cancel your booking or reservation after we have confirmed your booking, you should inform us as soon as possible. Cancellations must be made at least 24 hours prior to the date of departure by telephoning the Call Centre on 0333 999 7333; by email email@example.com or by writing to Wightlink.
14.3 For books of tickets purchased up to and including 31st December 2007: All refunds are subject to a £5 administration charge. There are no refunds on books of 4 return tickets. Any refunds made on unused tickets from books of 10 or 20 will be calculated based on current Island Resident Standard Return Fares for tickets used. Claims must be made within 30 days from the expiry date shown on the ticket. For books of tickets purchased from 1st January 2008; Any refunds made on unused books of 10 and 20 Multilink Tickets will be calculated at 75% of the value of unused tickets, no refunds will be made on books of 5 tickets.
14.5 Refund Applications – All requests for refunds must be made in writing. Tickets purchased on Portsmouth to Fishbourne and Portsmouth to Ryde routes, forward to: Refunds Department, Wightlink Ltd, Gunwharf Road, Portsmouth, Hampshire PO1 2LA. Tickets purchased on the Lymington to Yarmouth route, to: Refunds Department Wightlink Ltd, Lymington, Hampshire SO41 5SB.
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.
CONDITIONS OF USE
Multilink tickets are available for private cars and motorized caravans up to 6metres long, and for light vans up to 4.6 metres long. Not valid for any vehicle more than 2.25 metres high. Tickets may be used at anytime subject to availability, and are valid for 12 months from the date of issue (6 months for tickets purchased up to and including 31st December 2007). Purchasers must produce their driver’s licence (Full) showing their main place of residence to be an Isle of Wight address and nominate the vehicle registration number(s) (maximum two) at that address to which the tickets will apply.