Terms & Conditions
1. INTERPRETATION
In these Conditions, unless otherwise defined or the context otherwise requires:
1.1 the following words and expressions shall have the following meanings:
“Carrier” means the operator of the Ship and the person performing the Services;
“Cargo” means goods (excluding Luggage) which are undertaken to be transported by the Supplier;
“Children” means persons of up to, and including those of, 16 years of age, and “Child” shall be defined accordingly;
“Deposit” means an initial payment of the Price, being such percentage of the Price that the Supplier may require;
“Document” includes, without limitation, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image;
“Emergency Carriage” means carriage of any Passenger or Cargo from point A to point B at short notice outwith the Supplier’s normal hours of business, as advertised;
“Livestock” includes (without limitation) rabbits, sheep, goats, cattle, poultry, game and, for the avoidance of doubt, shall include pets;
“Luggage” means any goods which are, and can easily be, transported by the Passenger without assistance;
“Passenger” means a person requiring the Services in order to travel from point A to point B;
“Price” means the charge quoted by the Supplier, including any agent or employee of the Supplier, for providing the Services to the Passenger or Shipper;
“Services” means the services which the Supplier provides, or agrees to provide, to the Passenger or the Shipper, being carriage of persons or goods from point A to point B, and “Service” shall be defined accordingly;
“Ship” means the vessel, or one of the vessels, provided by the Supplier for the purposes of providing the Services to the Users;
“Shipper” means any person who has prepared Cargo for transport which may include packaging, labelling and arranging Cargo for transit;
“Supplier” means Coastal Connection, a partnership formed under the laws of Scotland with its principal office at Shiol, Ardentallen, Oban, Argyll PA34 4SF;
“Users” means Passengers and Shippers together, and “User” shall be either of them; and
“Valuables” includes (without limitation) all cameras, electronic and recording equipment, music players, jewellery and mobile telephone equipment.
1.2 Headings in these Conditions shall not affect their interpretation.
1.3 Any reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.4 Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.5 A reference to “writing” or “written” includes faxes and e-mail and information communicated via the Supplier’s website.
1.6 A reference to “quoted” or “quotation” includes verbal quotes as well as written or displayed quotes.
1.7 Any reference to “person” shall include bodies corporate.
1.8 All references to the masculine gender shall be deemed to include references to the feminine and neutral genders.
1.9 References to Conditions are to the conditions of these Conditions.
2. APPLICATION OF CONDITIONS
2.1 These Conditions shall prevail over any inconsistent terms or conditions contained, or referred to, in the Users’ booking, confirmation of order, acceptance of a quotation, or specification or other Document supplied by the User, or implied by trade custom, practice or course of dealing.
2.2 The User’s acceptance of a quotation for Services by the Supplier and payment of the Deposit constitutes an offer by the User to purchase the Services on these Conditions.
2.3 No offer placed by:
2.3.1 any Passenger, shall be accepted by the Supplier other than:
(1) by acceptance of the Deposit; and
(2) by a ticket or email ticket, which shall constitute written acknowledgement of that acceptance, issued and executed by the Supplier; or
(3) (if earlier) by the Supplier starting to provide the Services,
when a contract for the supply and purchase of the Services on these Conditions will be established.
2.3.2 any Shipper shall be accepted by the Supplier other than:
(1) by acceptance of the Deposit; and
(2) by a receipt or email receipt, which shall constitute written acknowledgement of that acceptance, issued and executed by the Supplier; or
(3) (if earlier) by the acceptance of the Shipper’s Cargo onto the Ship, when a contract for the supply and purchase of the Services on these Conditions will be established.
2.4 The Supplier is under no obligation to provide the Services until the User has paid the Deposit.
2.5 The Passenger must pay the Price in full prior to commencement of the Services, which shall include payment by credit card or cheque where the funds may not be transferred immediately, as well as by cash or debit card.
2.6 Where the Supplier is providing Emergency Carriage no deposit is due but the Price is payable immediately on the Supplier’s verbal agreement to provide that Emergency Carriage. A ticket or receipt will be issued immediately prior to commencement of carriage.
3. PASSENGER’S OBLIGATIONS
3.1 The Passenger shall undertake to behave in a responsible manner. This includes:-
3.1.1 Listening to crew at all times and following instructions immediately;
3.1.2 Refraining from causing damage or injury to the Ship, the crew, other Passengers and any Luggage and Cargo on board;
3.1.3 Ensuring the safety of his Luggage;
3.1.4 Ensuring that any Luggage the Passenger brings on to the Ship is in a good and safe condition and will not cause damage or injury to the Ship, the crew, the Passengers and any other Luggage and Cargo on board;
3.1.5 Refraining from becoming inebriated or intoxicated while on board;
3.1.6 Refraining from throwing rubbish overboard; and
3.1.7 Refraining from playing music loudly, or otherwise acting in a manner so as to cause disruption and discomfort to other Passengers.
3.2 If a Passenger is found to be in possession of any illegal substance or acts in contravention of Condition 3.1 then the Carrier has the right to deposit that Passenger (”deposited Passenger”) on shore at the first available opportunity. Neither the Carrier nor the Supplier shall be liable for any liability, costs, charges or losses arising as a result of this Condition, whether sustained or incurred by the deposited Passenger or by any other Passenger or Shipper.
3.3 The deposited Passenger shall be liable to pay to the Supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person) arising directly or indirectly from the deposited Passenger’s behaviour, subject to the Supplier confirming such costs, charges and losses to the Passenger in writing.
3.4 The Passenger is responsible for ensuring that all licences and other authorities or permissions are in place for any item brought onto the Ship by the Passenger, whether in Luggage or not, and the Passenger shall indemnify the Supplier from any costs, charges or losses it sustains or incurs as a result of any failure of the Passenger to meet such responsibility.
3.5 If the Carrier reasonably believes that any Luggage is dangerous or will cause harm of the kind specified in Condition 3.1.4 then the Carrier has the right to remove that Luggage from the Ship. Such removal may be immediate. Neither the Carrier nor the Supplier shall be liable for any liability, costs, charges or losses arising as a result of this Condition, unless the owner of the Luggage can prove an absence of reasonable belief on the part of the Carrier.
4. SHIPPER’S OBLIGATIONS
4.1 The Shipper shall guarantee the good and safe condition of the Cargo shipped by it.
4.2 In the event that the Cargo causes damage or injury to the Ship, the crew, the Passengers and any Luggage and other Cargo on board, the Shipper shall be liable to indemnify the Supplier, on demand, for all reasonable costs, charges or losses sustained or incurred by the Supplier (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person) arising directly or indirectly from that damage, subject to the Supplier confirming such costs, charges and losses to the Shipper in writing.
4.3 The Shipper is responsible for ensuring that all licences and other authorities or permissions are in place for any Cargo placed onto the Ship by the Shipper and the Shipper shall indemnify the Supplier from any costs, charges or losses it sustains or incurs as a result of any failure of the Shipper to meet such responsibility.
4.4 If the Carrier reasonably believes that any Cargo is dangerous or will cause harm, damage or injury to any of the Ship, the crew, the Passengers or any Luggage or other Cargo on board then the Carrier has the right to remove that Cargo from the Ship. Such removal may be immediate. Neither the Carrier nor the Supplier shall be liable for any liability, costs, charges or losses arising as a result of this Condition, unless the Shipper can prove an absence of reasonable belief on the part of the Carrier.
5. SUPPLIER’S LIABILITY
5.1 The Supplier shall comply with the Maritime Coastguard Agency code of conduct, all health and safety rules and regulations, and any other reasonable security requirements that apply to the provision of the Services.
5.2 The Supplier will not accept any responsibility for any liability, costs, charges or losses due to circumstances outwith its control, including changes in tides and severe weather conditions.
5.3 The provisions of the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 2002 are incorporated within these Conditions. Explicitly:-
5.3.1 The Supplier will not be liable for loss or damage to Valuables unless those Valuables have been deposited with the Carrier for safe-keeping.
5.3.2 Any action arising out of death or personal injury to a Passenger and/ or loss to Luggage shall be time-barred after two years, calculated as
(1) in the case of personal injury, two years from disembarkation;
(2) in the case of death, two years from the date the Passenger should have disembarked;
(3) in the case of loss to Luggage, the later of two years from disembarkation or the date on which the Luggage should have disembarked; and
In the case of personal injury on board which results in death after disembarkation, the relevant period shall be three years from disembarkation.
5.3.3 The Supplier will be entitled to consider that Luggage has been delivered undamaged unless written notice is given to the Supplier
(1) in the case of apparent damage, before or at the time of delivery of the Luggage; or
(2) in the case of damage which is not apparent, within 15 days from the time of delivery of the Luggage.
The Supplier is at all times entitled to argue that the User has been contributorily negligent and had contributed to the loss, damage or injury.
5.4 It is acknowledged that:-
5.4.1 the Carrier has ultimate discretion over carriage of Passengers, Cargo and Luggage and that the Carrier may refuse carriage of any:-
(1) Passenger, where that Passenger is under 12 years old and will be travelling unaccompanied;
(2) Passenger, where he reasonably believes that the Passenger is acting, or will act, in contravention of Condition 3.1 and will cause harm once on board;
(3) Luggage, where he reasonably believes that the Luggage contravenes or will contravene Condition 3.5 and will cause harm once on board; or
(4) Cargo, where he reasonably believes that the Cargo contravenes or will contravene Condition 4.4 and will cause harm once on board;
5.4.2 the Carrier’s refusal is final;
5.4.3 in some instances Passengers will be accompanying Children. In the absence of negligence on behalf of the Carrier or the crew, the Supplier shall not be responsible for any liability, costs, charges or losses sustained or incurred as a result of the carriage of any Child. The accompanying Passenger is wholly responsible for the Child.
5.4.4 in some instances Cargo or Luggage may include Livestock. In the absence of negligence on behalf of the Carrier or the crew, the Supplier shall not be responsible for any liability, costs, charges or losses sustained or incurred as a result of the carriage of that Livestock. Where the Livestock is accompanied then the accompanying Passenger is wholly responsible for the Livestock.
5.5 In the absence of negligence on behalf of the Carrier or the crew, the Supplier shall not be responsible for any loss or damage to Luggage or Cargo. For the avoidance of doubt this includes any liability, costs, charges and direct or indirect loss sustained or incurred as a result of delay, of any of the reasons in Condition
5.2 or of refusal of carriage under Condition 5.4.
5.6 The Supplier’s liability for loss or damage to:-
5.6.1 Valuables, shall be limited to the actual value of the Valuables provided that no one item shall exceed £500, unless the Passenger declared a higher value upon commencement of the Service. At no time shall the liability of the Carrier exceed £3,375 per User;
5.6.2 Luggage, shall be limited to the actual value of the Luggage or £2,250 per Passenger, whichever is less; and
5.6.3 Cargo, shall be limited to the actual value of the Cargo or £3,375 per Shipper, whichever is less, in the absence of any other agreement is entered into between the Shipper and the Supplier.
6. CHARGES AND CANCELLATION
6.1 The Supplier will publish the charges and accepted methods of payment on all promotional material and on its website.
6.2 The Supplier reserves the right to vary or amend all charges and accepted methods of payment at 24 hours’ notice.
6.3 Where the Supplier is unable or unwilling to provide the Services for any of the reasons in Condition 5.2. and is unable to reschedule the Service, the Supplier will refund all charges paid by the User. The User will thereafter have no claim against the Supplier for failure to supply the Service.
6.4 Where the Supplier is unwilling to provide the Services for any of the reasons in Condition 5.4.1(2), 5.4.1(3) or 5.4.1(4) and is unable or unwilling to reschedule the Service, the Deposit paid by the User will be forfeit. The User will thereafter have no claim against the Supplier for failure to supply the Service or repayment of the Deposit.
6.5 Where:
6.5.1 the Passenger is not present and on board the Ship; or
6.5.2 the Shipper has not delivered the Cargo for loading on to the Ship by the time appointed as the time of commencement of the Service then the Deposit paid by the User will be forfeit. The User will thereafter have no claim against the Supplier for failure to supply the Service or repayment of the Deposit.
6.6 Where the User cancels the Service with less than 24 hours’ notice, or such longer period of notice as is specified by the Supplier at the time of establishment of the contract, then the Supplier will be entitled to retain all sums paid by the User. The User will thereafter have no claim against the Supplier for repayment of the retained sums.
6.7 The User is not entitled to a refund under any other circumstances.
7. DATA PROTECTION
The User acknowledges and agrees that his personal data will be held and processed by and on behalf of the Supplier.
8. WAIVER
8.1 A waiver of any right under the Conditions is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Conditions or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
8.2 Unless specifically provided otherwise, rights arising under the Conditions are cumulative and do not exclude rights provided by law.
9. SEVERANCE
If any Condition (or part of any Condition) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that Condition or part-Condition shall, to the extent required, be deemed not to form part of the Conditions, and the validity and enforceability of the other Conditions of these Conditions shall not be affected.
10. ENTIRE AGREEMENT
These Conditions constitute the whole agreement between the parties and supersede all previous agreements between the parties relating to the Services.
11. ASSIGNATION
11.1 The Passenger shall not sell or transfer his ticket for Services issued under Condition 2.2. unless and until that Passenger ensures that the purchaser or transferee has read and understood these Conditions.
11.2 A Shipper may not assign or transfer his receipt for Services issued under Condition 2.2.
12. GOVERNING LAW AND JURISDICTION
12.1 These Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by, and construed in accordance with, the law of Scotland.
12.2 The parties irrevocably agree that the courts of Scotland shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Conditions or their subject matter.