Good to know - LD Lines Terms of sales
TERMS AND CONDITIONS OF SALES AND CARRIAGE
The present terms & conditions of sales and carriage come into effect on 10th January 2014. They cancel and replace all earlier conditions. They are subject to the EU Regulation No. 392/2009 dated 23 April 2009 and the EU Regulation No. 1177/2010 dated 24 November 2010.
In addition, French Law applies to all other aspects outside the scope of the provisions of the EU Regulation No. 392/2009 dated 23 April 2009 and the EU Regulation No. 1177/2010 dated 24 November 2010 A copy of the EU Regulation No. 392/2009 dated 23 April 2009 and the EU Regulation No. 1177/2010 dated 24 November 2010 are available on the website www.ldlines.fr and on request at the terminal where the Agency is located.
The client acknowledges that they have read the terms and conditions of sales and carriage and he confirms their acceptance of these Conditions.
The present terms and conditions applies to the Ships sailing on the Saint-Nazaire/Gijón, Poole/Santander, Gijon/Poole and Rosslare/Saint-Nazaire routes and operated by Louis Dreyfus Lines SAS located at 28, Quai Gallieni 92158 SURESNES Cedex (France).
The Passage Contract is valid only for the Passenger or Passengers for whom it is issued, for the date and Ship indicated, or for any substitute Ship, and is non-transferable.
The Conditions of Carriage set out the terms that apply between the Passenger and the Carrier and both are bound by those terms. No amendment to the Conditions of Carriage shall be considered valid unless agreed by the Legal Representative of the Carrier. The Terms and Conditions of Carriage shall be severable and the invalidity of any provision shall not impair the validity of any other provision, or of the Conditions of Sales & Carriage.
In the Terms and Conditions the following expressions have the meaning hereby assigned to them:
“Carrier” means the Owner , the Charterer, its employees or its agents or any other Party which performs the carriage in ferry, including, but not limited to, Louis Dreyfus Lines SAS, as the Carrier in accordance with the definition provided in the EU Regulation No. 392/2009 dated 23 April 2009.
“Contract” means the Contract for Carriage into which the Passenger had entered with the Organiser under the terms of the Sale Conditions which incorporate the Terms and Conditions of Carriage.
“Organiser” is the party which has contracted with the Passenger to provide the Carriage.
“Luggage” is any baggage, package, suitcase, trunk, effects, article, matters or items belonging to or carried by any Passenger, including cabin luggage, hand luggage, articles owned by or carried on the persons of the Passenger or deposited with the Carrier for safe custody, vehicles and any other property of the Passenger whatsoever, valuables being excluded.
“Master” signifies the person in charge and responsible for the carriage at any given point in time.
“Passenger” includes the Purchaser of the Passage Contract and any person or persons named on the relevant passage ticket (including children), his or her or their guardians, executors, personal representatives, heirs and children or persons travelling with him or her or in his or her care whether named on the said passage ticket or not.
“Minor” refers to any child under the age of 16.
“Disabled Persons” and “Persons with Reduced Mobility”, means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or as a result of age, and whose situation needs appropriate attention and adaptation to his particular needs of the service made available to all passengers.
"Accompanying Person" means any adult, in good health, who can respond with a proper service to the specific needs of a Disabled Person or a Person with a Reduced Mobility designated by a Disabled Person or a Person with a Reduced Mobility following a request made by the Carrier, to accompany and follow this Passenger during boarding, passage and disembarking.
“Ship” means the Ship named in the relevant passage contract or any substituted Ship owned or chartered or operated or controlled by the Carrier.
“Voyage” means the service between Saint-Nazaire/Gijón and/or Gijon/Saint-Nazaire, Poole/Santander and/or Santander/Poole, Gijon/Poole and/or Poole/Gijon, Rosslare/Saint-Nazaire and/or Saint-Nazaire/Rosslare which have been booked by the Passenger.
“Weather Conditions” should include, but not be limited to, strong winds, heavy seas, strong currents, difficult ice conditions and extremely high or low water levels, hurricanes, tornados and floods.
“Shipping Incident” means shipwreck, capsizing, collision or stranding of the Ship, explosion or fire in the Ship, or defect in the Ship.
“Extraordinary Circumstances” should include, but not be limited to, natural disasters such as fires and earthquakes, terrorist attacks, wars and military or civil armed conflicts, uprisings, military or illegal confiscations, labour conflicts, landing any sick, injured or dead person, search and rescue operations at sea or on inland waterways, measures necessary to protect the environment, decisions taken by traffic management bodies or port authorities, or decisions by the competent authorities with regard to public order and safety as well as to cover urgent transport needs.
"Regulation No. 392/2009" means the Regulation (EU) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of an accident.
"Regulation No. 1177/2010" means the Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers traveling by sea and inland waterway.
3. Fares and general information
3.1 General information
Except for the service between Saint-Nazaire/Gijon and/or Gijon/Saint-Nazaire, for operational reasons, the Carrier is not yet able to admit on board of the Vessel any pedestrian Passengers (which means crossing without any motor vehicle). Consequently, except for the service between Saint-Nazaire/Gijon and/or Gijon/Saint-Nazaire, bookings are only opened to Passengers crossing with their motor vehicle.
Fares are based on travel dates, time of departure and availability. Tickets are only valid for the sailing dates/times indicated thereon. Fares may include a payment charge that will be automatically calculated and included in the amount to be paid. All monies paid to a travel agent will, at the time, be held on behalf of the Company. Rates are subject to change at any time and are only valid at the time of booking.
If the length of stay abroad is amended, or a change is made to a different sailing or the terms of the ticket or any promotion is misused then the difference between the cost of the original ticket and the appropriate applicable fare will be charged. Any additional charges are payable prior to boarding. No refund will be given if, to your demand, you travel on a crossing that is less expensive than the one previously booked.
Use of on-line booking engine is subject to compliance with the present terms and conditions of sales and carriage. By confirming your order, you unconditionally accept all these terms.
Vehicle and Passenger space and on board accommodation is subject to availability and therefore may not always be available within certain tariff categories.
Vehicles exceeding 5m in length and 1,85m in height must be notified at the time of booking (including trailers, caravans, roof racks, bicycle racks). Any changes concerning the length or height of the vehicle after the booking has been made may influence the Carrier’s ability to carry any such vehicle. A supplement will be applied.
Vehicles which are not specifically constructed or adapted for the carriage of Passengers are subject to freight tariffs, as are vehicles of lesser dimensions carrying merchandise.
Children under the age of 4 are carried free of charge. Children under the age of 16 must be accompanied by a responsible adult (parent or tutor). In the absence of any such person embarkation will be refused.
Bookings of 10 Passengers and more are considered as group bookings and are subject to group sales terms and conditions, which are available on request.
3.3 Online bookings
On-line reservations on the Internet and for which a reservation form has to be completed, are deemed to have been contracted in the head office of the Carrier. A reservation form has to be completed. The company cannot accept responsibility for any default of fulfilling or any error made by client whilst completing the reservation form. In the event of any such error, an administrative charge of £10/12.50€ will be due and this sum deducted from any eventual refund which may be payable. The General Conditions of Sales and Carriage apply to all Internet bookings and the completion of your order on this website implies your unconditional acceptance of the company’s conditions of sales as soon as your order is confirmed.
3.4 Special requests
Except cases as provided in Article 4.7 below, the special requests must be made at the time of booking. The Carrier cannot guarantee the provision of any special request listed on the booking form and made by phone, e-mail or via a travel agent, unless confirmed by the Carrier in writing. Such requests do not form part of the Contract.
The Carrier will seek to comply with reasonable special requests. However, the Passenger should provide as much information as possible either on the booking form or on a special request form which is available on request.
3.5 Cancellations, refunds & amendments
Tickets are non-refundable but can be modified until the day and time of the sailing concerned at an additional cost or fees. Passengers are advised to take out an insurance policy to cover the risk of cancellation. Where, under the terms of an offer, an amendment is allowed, an administration fee of £ 10/12,50 € will be payable each time a change to the booking is made. Furthermore, Passengers will be subject to pay the difference of costs between the first ratification paid at the initial booking and the newly ratification applicable at the date of modification. This will be applicable for any change of itinerary, day or time of departure, number of Passengers or vehicle type. Where the change is made to a less expensive crossing, the difference will not give right to a refund. Special offers may be subject to specific amendment fees and sales conditions.
Sailing times and Ships indicated on our brochures, web site, tickets… can’t be guaranteed. Thus, in circumstances which could affect the departures and arrivals times scheduled, the Carrier reserves its right to change your travel times, dates and destinations particularly, but not exclusively subject to the following requirements: operational, technical, nautical, safety, weather conditions.... In those circumstances, the Carrier will inform Passengers as soon as possible by SMS or by email or by phone-call (given that the Passenger has provided his contact details and that they are the correct ones). In addition, and where appropriate, the traffic information will be updated on the website www.ldlines.fr. However, when the Carrier has duly sent the information via the means of transmission listed above, he shall not be responsible for the good reception by the Passenger of the message sent.
CONDITIONS OF CARRIAGE
4.1 Delays and Cancellations
4.1.1 Passenger Information
In the event that a journey is canceled or delayed, the Carrier will inform Passengers as soon as possible and in any event not less than 30 minutes before the departure time originally scheduled, by SMS or by email or by phone-call (given that the Passenger has provided his contact details and that they are the correct ones). In addition, and where appropriate, the traffic information will be updated on the website www.ldlines.fr.
However, when the Carrier has duly sent the information via the means of transmission listed above, he shall not be responsible for the good reception by the Passenger of the message sent. Thereafter, if the departure is not canceled, the Carrier will inform the passengers as soon as he will know the new departure time scheduled and the time of arrival.
If, because of the cancellation or delay a passenger missing a link / connection, the Carrier will endeavor to inform the passenger of the other links / connections possible.
4.1.2 Assistance and taking in charge of the Passenger
From 90 Minutes and
Every 90 minutes following
Drink/pers* : glass of water (25cl) or
4 to 8 hours
Meal/pers* : sandwich or soup
From 8 hours
Hot meal/pers* : starter + main course or main course + dessert
Overnight stay if necessary
Transfers to and from the port
*Person over one year.
**Accommodation on board or, if impossible, ashore, in the amounts and conditions set forth in Regulation No. 1177/2010.
In all cases presented in the table above, snacks, meals or refreshments will be provided free of charge by the Carrier to the Passenger concerned, to the extent possible and provided that they are available or can reasonably be delivered. These meals, snacks and refreshments are limited to one per person.
Carrier will not however have the obligation to comply with the specific needs of certain Passengers subject to special diets and / or dietary restrictions, or any other reason preventing them from eating the snacks or meals provided by the Carrier.
On the other hand, if the cancellation or delay requires the Passenger to stay on site, the Carrier shall perform all necessary procedures, to the extent possible, to provide to the Passenger a free overnight stay on board or if impossible, ashore, as well as to provide to the Passenger the free transfer from the Port of embarkation to the accommodation place and vice versa.
4.1.3 Re-transportation or compensation in the event of cancellation or delay in departure
When crossing is canceled or departure delayed of at least ninety minutes, Passengers will be offered the opportunity to choose between:
- a re-routing (if possible) as soon as possible to the destination, free of charge and under comparable conditions as to the transport conditions subscribed,; or
- the full refund of the ticket price.
4.1.4 Compensation in the event of delay in arrival
In the event that the Passenger would experience a delay in arrival at the destination, he will be entitled to financial compensation calculated as follows:
8h < T ≤ 24hours
t < 3h
3h < t < 6h
25% of the price of the crossing
t > 6h
50% of the price of the crossing
Articles 4.1.2, 4.1.3 and 4.1.4 do not apply if the Passenger is in possession of an open ticket on which the departure time is not specified (except Passengers holding a travel pass or a season ticket).
Articles 4.1.2 and 4.1.4 shall not apply if the Passenger has been informed of the cancellation or delay before the purchase of the ticket or if the delay or cancellation is due to the fault of the Passenger.
Article 4.1.4 and the obligation to provide accommodation on board or ashore does not apply if the delay or cancellation are the result of Weather Conditions jeopardizing the operation of the Ship safely.
Article 4.1.4 does not apply if the delay or cancellation is the result of Extraordinary Circumstances hindering the performance of transport service of Passengers.
It is the Passenger’s responsibility to check in by the time specified at the booking or at any time subsequently communicated by the Carrier. Please note that time of departure may vary according to tidal restriction or port needs. Any Passenger arriving later than 45 minutes before departure, he or she may not be allowed to board the Ship. Passengers who doesn’t comply with the boarding times are not subject to the refund of their ticket. In such case, the Carrier may (subject to availability) make arrangements for rerouting the Passenger on a later sailing but the Carrier reserves the right to levy a surcharge in such circumstances. For security reasons, foot Passengers must label their Luggage with full name and address and must deposit it at the time of check-in on the luggage trolley (except for small hand-luggage). Passengers failing to comply may be refused embarkation.
4.3 Passport, VISA’s and other Documents
It is the Passenger’s responsibility to ensure that all Passengers, including Minors, are in possession of a valid passport or a valid national identity document for Passengers from Schengen Zone at the time of travel and that they have all necessary documents in compliance with the requirements of immigration, customs, health and other relevant regulations.
The other Passengers must always be in possession of a passport, a visa if the country of destination required and any other documents necessary to satisfy the requirements of immigration, customs, health and other relevant regulations.
The Carrier reserves the right to check and record details of all such documentation. The Carrier makes no representation and gives no warranties as to the correctness of any documentation which is checked. Passengers are strongly advised to check for all legal requirements for travelling abroad to include immigration, customs, health and, where relevant, driving regulations.
The Carrier reserves its right to request reimbursement of costs to the Passenger for sanctions corresponding to any violation, fine or any other additional costs that the port, the health authorities, the police, or the customs may apply to the Carrier in connection with the Passenger,
4.4 Health Insurance
Passengers are advised to take out health insurance when travelling and/or to ensure that they have the relevant European Health Insurance Card or other equivalent documents.
The Ship is not required to carry a doctor on board. Passengers must notify the Carrier and the Organiser immediately and prior to embarkation of any condition which makes them unfit to travel. The Carrier may refuse the boarding in such circumstances unless the Passenger can produce medical evidence of fitness to travel.
4.6 Passenger Information
The Carrier shall provide to the Passengers appropriate information to ensure them a crossing under the best conditions.
These informations are provided on board of the Ships and in any sales points, including on our web site (www.ldlines.fr). These informations shall be accessible to everybody and provided in the most appropriate formats and in the languages commonly used in order to facilitate their good understanding (French, English and Spanish).
Passengers won’t be able to claim a lack of information if it appears that they had all the relevant information available but failt to make good use of it.
4.7 Disabled persons and Persons with Reduced Mobility
4.7.1 Assistance at embarkation and disembarkation
The Carrier shall, to the extent possible, provide assistance to Disabled Persons and Persons with Reduced Mobility, at the terminal and during embarkation and disembarkation, provided that the Passenger has duly informed the Carrier (by email, sms, etc) of his needs (cabin, equipment, seat …) not later than 48 hours before departure. Passengers shall receive a written confirmation from the Carrier in which it is stated that the assistance requirement has been duly received. Failing to ask for assistance within the time and conditions above mentioned, the Carrier shall then, not be entitled to provide the said assistance. However, in such case, if possible, the Carrier will do all reasonable efforts to provide assistance to the Passenger. This shall be limited to the respect of the safety requirements.
In addition, the Disabled Person or the Person with Reduced Mobility shall arrive 60 minutes before boarding time.
4.7.2 Accompanying Person of the Disabled Person or Person with Reduced Mobility
Subject to the reasons exposed in Article 4.7.3 below mentioned the Carrier may require that the Passenger be accompanied by somebody entitled to assist him and help him during the whole crossing. As soon as the Carrier is aware of this need of asking for an Accompanying Person, he shall inform the Passenger. On the Passenger’s request, the Carrier may be asked to provide written justifications of why he asked for an Accompanying Person, thus within a delay of 5 working days starting from the request of the Passenger.
In such case, the Accompanying Person shall be carried free of charge. Nevertheless, the Accompanying Person shall check-in at the same time as the Passenger concerned.
If despite the Carrier’s request for an Accompanying Person, at the departure day, the Disabled Person or the Person with Reduced Mobility is not accompanied, the Carrier reserves its rights to deny him access on board, for safety reasons.
The Carrier reserves his rights to deny access on board of a Disabled Person or Person with Reduced Mobility in the following cases;
- in order to meet applicable safety requirements established by international, Union or national law or in order to meet safety requirements established by the competent authorities; or
- where the design of the Ship or port infrastructure and equipment, including port teminals, makes it impossible to carry out the embarkation, disembarkation or carriage of the said person in a safe or operationally feasible manner.
When the transport of a Disabled Person or Person with Reduced Mobility is not possible for one of the reasons mentioned here above, the Carrier shall justify the reasons why access on board to the Passenger is denied. On the Passenger’s request, the Carrier shall provide the written justifications of his refusal within a delay of 5 working days starting from the request of the Passenger.
If, for the two reasons mentioned here above, the Carrier refuses to accept a reservation or to issue or provide a ticket, subject to availability, he shall make all reasonable efforts to propose to the Passenger concerned, an acceptable alternative transport.
Where a Disabled Person or a Person with Reduced Mobility who holds a reservation or has a ticket is denied boarding, in such case, the Carrier shall offer to the Passenger and to the Accompanying Person (if applicable) a choice between the refund of the ticket or a re-routing under comparable conditions.
The Carrier recommends that women who are less than 12 weeks pregnant should seek medical advice prior to travel. Women who are more than 28 weeks pregnant at the time of travel shall be entitled to Article 4.7 relating to Disabled Persons and Persons with Reduced Mobility and are required to produce a medical certificate of fitness to travel. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are is/not satisfied that the Passenger will be safe during the passage.
4.9 Fitness to Travel
The Passenger guarantees and warrants that he/she is fit to travel and that his/her behaviour will not impair the safety of the Ship or inconvenience other Passengers.
In the event that it is the judgment of the Carrier and/or the Master that a Passenger (thus including Disabled Persons and Persons with Reduced Mobility) is, for any reason whatsoever, unfit to travel or likely to endanger his/her health or safety or endanger the health or safety or impair the comfort of others on board or that the Carrier is of the opinion that the Passenger is likely to be refused permission to land at any port or to render the Carrier liable for his/her maintenance, support or repatriation, then the Carrier and/or the Master shall be entitled at any time to take any of the following courses judged appropriate to the situation, namely :
i.To refuse to embark or disembark the Passenger at any particular port.
ii.To disembark the Passenger at any port.
iii.To transfer the Passenger from one berth to another.
iv.To confine the Passenger to a cabin or to the ship’s hospital or other appropriate place on the Ship.
v.To administer first aid and administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port, provided that the Master considers that any such steps are necessary.
Not all areas of equipment on the Ship are accessible to Disabled Persons or Persons with Reduced Mobility or suitable for access to disabled persons. Passengers should enquire before making a booking.
Passengers who require special treatment or assistance as a result of events occurring after the Passage Contract has been concluded, should notify the Carrier of such changes in writing as soon as practicable. Regarding the nature of the assistance required, the Passenger could be entitled to application of Article 4.7 relating to Disabled Persons and Persons with Reduced Mobility. Except the cases mentioned in Article 4.7.1, the Carrier will not be liable to provide such special treatment or assistance unless it has confirmed its ability and agreement to do so in writing.
The Passenger acknowledges and agrees that the Carrier shall have no responsibility or obligation to provide medical treatment on board the Ship. The Ship does not carry a qualified doctor on board. Crew members qualified in first aid will provide medical assistance in an emergency.
In the event of illness or accident or any event that could endanger the life of any Passenger, a Passenger may have to be landed ashore by the Carrier and/or Master. The Carrier cannot be held responsible for the quality of medical treatment at any port of call or at the place where the Passenger is landed. Passengers are advised to take out insurance covering medical treatment and that from a port to another, the quality of the medical assistance provided may not be the same. The Carrier accepts no responsibility whatsoever in relation to medical facilities provided ashore.
Every adult Passenger travelling with any minor and/or person under 18 years of age at the time of travel, whether or not listed, shall be responsible for the conduct and behaviour of the minor and/or person under 18 years of age. The accompanying adult Passenger shall be liable to the Carrier and shall reimburse it for any loss, damage or delay sustained by the Carrier because of any act or omission of the Passenger minor, or person under 18 years of age.
Minors and persons under 18 years of age are subject to all the Terms contained in the Conditions of Carriage.
Children under 16 must be accompanied by a responsible adult. The absence of a responsible adult will lead to refusal of embarkation.
4.11 Conduct on board
The Passenger agrees to abide by the Carrier’s company’s rules and regulations and all orders and directions of the Master and the Ship’s officers.
Expenses of any kind, including fines or penalties or duties or other charges incurred by the Carrier and attributable to the Passenger’s failure to comply with the regulations of the Ship or any government or authority, shall be paid to the Carrier by the Passenger on demand.
The Passenger shall be liable to the Carrier and shall reimburse it for all loss, damage or delay sustained by the Carrier because of any act or omission on the part of the Passenger.
Except for the Saint-Nazaire/Gijon and/or Gijon/Saint-Nazaire service, pets are temporarily not allowed on board the Ship (including for Passengers travelling with a vehicle). On the Saint-Nazaire/Gijon (roundtrip) route, pets will be allowed to travel on board only if arrangements have been made for a pet to travel at the time of booking. It being specified that guide dogs are not considered as pets. Thus, they are not entitled to the application of the present Article. However, the Passengers who are their owners remain liable and subject to the provisions set out in the present Article relating to the liability in case of damage or any harm caused by pets. It is the Passenger’s responsibility to be aware of the applicable regulation in the country of departure and in the country of arrival, to provide all necessary documents and make all necessary travel arrangements for any pet. Pet owners are requested to arrive at least 90 minutes before departure. Passengers failing to comply with this procedure will be refused on board.
Unaccompanied pets will not be accepted on the service.
Foot Passengers travelling with a pet are required to present the pet in a suitable carrying container, e.g. a transport kennel. The pet will be transferred to the Ship by shore staff and will remain on the car deck during the crossing. This service is not available on all routes. Passenger must validate availability with the Carrier prior booking.
For Passengers travelling by car, the pet will remain in the car. For security reasons, some Ships do not allow access to car decks during the crossing. These restrictions apply also in case of bad weather. Passenger must validate with the Carrier prior booking if the Passenger wishes to do and must report to the reception desk upon arrival on board in order to make suitable arrangements for a visit during the crossing, when available.
Passengers are responsible for any damage caused to property and persons by their Pets or guide dogs.
4.13 Dangerous Goods or Articles
It is forbidden to bring on the Ship or put into a Luggage a flammable or explosive product, or any objects whose importation is prohibited, or which do not comply with the laws and regulations of customs and police. The Passenger may not bring on board any goods or articles of a dangerous nature, nor any animals save as provided in paragraph 4.10 above. Breach of this term may make the Passenger concerned liable to statutory penalties. The Carrier shall have the right to confiscate, detain or otherwise deal with any such goods or articles.
The Passenger will in any event be liable for any injury, loss or damage occasioned by the breach and to indemnify the Carrier against any claim in respect thereof.
Smoking is not permitted in public areas, shop, restaurants and cabins and inside the ships in general. Weather permitting, Passenger are allowed to smoke on the outside decks in designated areas.
The design of the Ship won’t allow more than four (4) Disabled Persons or Persons with Reduced Mobility travelling with wheelchairs on board.
One cabin for Disabled Persons or Persons with Reduced Mobility is available on each Ship. It must be requested via our call centre before departure and at the time of booking. In such case, a proof of disability may be requested.
4.15 Safety & Security
The health and safety of the Ship and all those on board is of paramount consideration. Passengers must pay attention to and comply with all regulations and notices relating to the safety of the Ship, its crew and Passengers, the terminal facilities and immigration requirements.
Passengers must at all times conduct themselves in a manner which respects the safety and privacy of other persons on board.
Passengers must comply with any reasonable request made by any member of staff, the Master or his Officers.
No firearms or other weapons of any nature shall be brought on board the Ship without the prior approval of the Carrier and/or Master. The Master and/or the Carrier have the right to confiscate, detain or otherwise deal with such weapons. Firearms must be declared at the time of booking and when arriving at port. The appropriate procedures will be applied and the necessary documentation completed. In case of non-compliance, weapons will be confiscated and offenders will be disembarked immediately and be brought before the competent judicial authorities.
Access to the vehicle deck is forbidden during the crossing. It is therefore important that Passengers take everything they need with them onto the Passenger decks.
Passengers must lock their car and leave it in gear with the handbrake on. All car alarms must be switched off when the vehicle is parked on the vehicle deck.
Passengers must not carry fuel cans on board or overfill petrol tanks. Cars powered by LPG should have tanks switched off whilst on vehicle decks.
For security reason, we are unable to provide access to 220V plugs to tourism vehicles, vans, caravans or camping-cars.
Motorcycles should be lashed on board by the driver. Whilst the Carrier’s onboard staff will provide assistance Passengers must ensure that motorcycles are secured to their own satisfaction.
No smoking is permitted on vehicle decks.
For security reasons it may be necessary for employees or agents of the Carrier to search Passengers and/or their baggage and goods travelling with them. The Passenger agrees to allow such search upon being requested to do so by the Master or other authorized employees or agents of the Carrier. The Passenger further agrees to the removal, confiscation or destruction of any object which may, in the opinion of the Carrier, impair the safety of the Ship or cause inconvenience to other Passengers.
For the transport of any vegetal or animal product, the Passenger is responsible for complying with sanitary and veterinary regulations in force in the country of departure and arrival.
All Passengers must have regard for their safety whilst walking on vehicle decks. Passengers and children should not run around the vehicle deck or other areas of the Ship.
Passenger’s Luggage must not be left unaccompanied at any time. Unaccompanied luggage may be removed and destroyed.
4.16 Liability of the Carrier
4.16.1 General Principle
The liability (if any) of the Carrier for death and/or personal injury and/or for the loss of or damage to luggage (including vehicles) during the passage shall be determined in accordance with Furthermore, French law applies for all the others aspects out of the scope not dealt by Regulation No.392/2009.
It is presumed under applicable law as provided in paragraph 4.20 below. that the Carrier has delivered Luggage undamaged unless written notice is given by the Passenger within the following periods:
a) In the case of apparent damage, before or at the time of disembarkation or redelivery.
b) In the case of damage which is not apparent, or loss of Luggage, within 15 days from the disembarkation or redelivery, or from the date when such redelivery should have taken place.
The Carrier is not liable for loss of or damage to cash, negotiable security, jewellery, ornaments, works of art or any other valuables unless deposited with the Carrier specifically for the purposes of safekeeping. Under such circumstances the Carrier’s liability will be limited to the amounts payable under Regulation No.392/2009 as provided in paragraph 4.20 below.
It is permitted to the Master to rescue any Ships in all situations, to divert, to do all rescues and all transhipment, Passengers renouncing to any claim as such. The Carrier will not be liable to the Passenger for any losses, damages or expenses or consequences losses, howsoever arising from such delays, interruptions or alterations.
The Carrier cannot guarantee the availability of facilities at any of the ports from which it operates.
4.16.2 Shipping Incident: Advance payment
Where the death of, or a personal injury is caused to a Passenger because of a Shipping Incident in accordance with Regulation No.392/2009, the Carrier who actually performed the whole or part of the carriage during which the Shipping Incident occurred, shall make an Advance payment to the concerned Passenger which terms are set out below:
NATURE OF THE DAMAGE
ADVANCE* PAYMENT DUE IN
under the following cumulative conditions:
- sufficient to cover immediate economic needs and ;
- on a basis proportionate to the damage suffered and;
- paid within 15 days of the identification of the person entitled to damages;
DEATH OF THE PASSENGER (only)
Advance payment not less than EUR 21.000
* An Advance payment is not and shall not constitute any recognition of liability by the Carrier.
4.17 Limitation of Liability
The Carrier’s liability in relation to death and/or personal injury is limited and shall in no circumstances whatsoever exceed the limits of liability as set out under Regulation No.392/2009 as provided in paragraph 4.20 below.
The amounts of the limitations of the Carrier’s liability provided by Regulation No.392/2009 as provided in paragraph 4.20 below are available on request.
The Carrier will only be liable in relation to death or personal injury and/or loss or damage to Luggage in the event that the Carrier and/or its employees or agents are guilty of “fault” as stipulated in Regulation No.392/2009 as provided in paragraph 4.20 below.
All the limits of liability shall be applicable to the Carrier, employees and/or agents.
Any damages payable by the Carrier shall be reduced in proportion to any contributory negligence by the Passenger as provided in Regulation No.392/2009 as provided in paragraph 4.20 below if the Carrier is liable of any loss or damage caused to a mobility equipment or any other kind of specific equipment necessary and essential for the carriage of a Disabled Person or a Person with Reduced Mobility, in such case, the Carrier shall indemnify the Passenger, for an amount corresponding to the lower of the two following values: (i) the replacement value of the damaged or lost equipment or (ii) the costs of expenses made in order to repair the equipment.
Besides, if the Carrier is found liable for any loss or damage caused to the equipment of a Disabled Person or Person with Reduced Mobility, the Carrier shall do reasonable efforts in order to provide quickly to the Passenger a temporary replacement equipment which will be an acceptable alternative remedy.
The employees and/or agents of the Carrier shall have the benefit of all provisions relating to the limitation of liability.
Any responsibility of the Carrier is limited to the periods while the Passenger and/or his or her Luggage are on board the Ship. No liability of any nature whatsoever shall attach to the Carrier in connection with or arising out of negligent acts or omissions of independent subcontractors on board the Ship and/or ashore.
The time in which a claim may be brought, is limited to a period of 2 years from the date of disembarkation.
Except obligations as set out in Regulation No.1177/2010, the Carrier is not deemed to provide any assistance and/or compensation and/or indemnity to the Passenger, in case of any change made to the conditions of the crossing.
4.18 Notification of Accident or Claims
The Passenger must notify the Carrier of any accident or any circumstances giving rise to a claim whilst on board the Ship. For any damage on an accompanied vehicle occurring during a crossing, the Passenger must establish a damage report to be signed by the Passenger and the Ship's Loading officer before disembarking the Ship. For any damage occurring to the Passenger himself, it must be reported to the reception desk. If the Passenger does not report an accident then the Carrier will not be able to investigate the accident and/or incident. The Carrier will refuse any claim which is not accompanied by such report.
In case of breach by the Carrier, of any provisions of Regulation No.1177/2010, a Passenger has the right, within a delay of two (2) months from the date of the travel, to lodge a complaint towards the Carrier.
Passengers are not permitted to take alcoholic beverages aboard the Ship for consumption during the Voyage and the Carrier and/or its employees and/or agents may confiscate such alcohol.
The Carrier and/or its employees and/or agents may refuse to serve a Passenger alcohol or further alcohol when, in their reasonable opinion, the Passenger is likely to be a danger and/or nuisance to himself/herself, other Passengers and/or the Ship.
4.20 Law and Jurisdiction
The carriage is subject to Regulation No.392/009. Furthermore, French law applies for all the aspects out of the scope not dealt by Regulation No.392/2009.
All disputes arising out of or in connection with those Terms and Conditions and any agreement resulting herefrom, which cannot be settled amicably, shall be submitted to the exclusive jurisdiction of the competent Court of Appeal in Paris.