Passenger and Luggage Carriage Conditions

Conditions of carriage of passengers and their luggage.

1. Definition

“Carrier” means Bahamas Fast Ferries Services Limited and Bahamas SeaRoad Ltd. as the operator of the vessel and its servants and agents. “Protected Person” means any servant or agent of the carrier in performance of the contract of carriage and their respective servants or agents. “Passengers” includes all persons including infants {whether or not named in the ticket} travelling on a ticket issued by or on behalf of the Carrier. “Vessel” means the vessel on which the Passenger is to be carried pursuant to the contract of carriage. “Luggage” includes all property accompanying and /or carried by the Passenger both at the terminals at the places of departure and destination and on board the vessel.

2. The Contract of Carriage

The contract of carriage is made between the Carrier and the Passenger and is expressly subject to:
(A). These conditions of carriage, which are hereby incorporated therein,
(B). The provisions of any legislation compulsory applicable to the carriage of the Passenger.
(C). The Athens Convention relating to the Carriage of Passengers and their luggage by Sea 1974 (“The Athens Convention”) which, so far as not otherwise compulsorily applicable to the carriage of the Passenger, is hereby incorporated into and forms part of these conditions of carriage.

NOTICE: The Athens Convention
The Athens Convention in most cases limits the Carrier’s liability for death or personal injury or loss of or damage to luggage [including a vehicle] and makes special provision for valuables. The Athens Convention presumes that luggage has been delivered undamaged unless written notice given to the Carrier.
(i) In the case of apparent damage, before or at the time of disembarkation or redelivery.
(ii) In the case of damage, which is not apparent, or of loss, within 15 days from the date of disembarkation or redelivery of from the time when such redelivery should have taken place, luggage is of the responsibility of the passenger at all times. Luggage is to be kept with passenger/or placed in luggage department provided on the ship. Any term in those conditions of carriage [with the exception of clause 1], which is inconsistent with or repugnant to any extent to any applicable legislation or to the Athens Convention, shall be void to that extent but no further. Nothing in these conditions of carriage shall operate to limit or deprive the Carrier of any statutory protection of exemption from, or limitation of, liability.

3. Booking for More than One Person

Where a single ticket is issued in respect of a number of passengers, the ticket is issued contracts with the Carrier as agent for all the passengers. In respect of whom the ticket is issued with the intent and so that all such passengers are bound by these conditions of carriage, and the person to whom the ticket is issued warrants that he or she has authority so to contract on behalf of all such passengers and to bind them as aforesaid.

4. Scope of Application

The contact of carriage, including these conditions, shall apply from the time the Passengers [ with any luggage] embarks on the Carrier’s vessel, throughout the period on board the Carrier’s vessel, to the Passenger disembarking from the Carrier’s vessel, but such embarkation and disembarkation shall be deemed to include any necessary transfer by sea to and/or from the Carrier’s vessel.

5. Law and Jurisdiction

The contract of carriage, shall be governed by English law and dispute hereunder shall be determined in England to the exclusive of the jurisdiction of the courts of any other country.

6. Restrictions Concerning Luggage

Passengers are limited to a maximum of two (2) checked bags, each not to exceed 60 linear inches or 50lbs. Otherwise a charge for excess or overweight luggage shall be assessed. All carry-on items must fit in the compartments provided and weigh no more than 30lbs. Sports equipment, such as golf bags, bikes, etc. can be accepted as part of the total checked bag allowance, although additional charges may apply. Baggage liability is limited to $400.00 total on all baggage, checked or carry-on. The Carrier shall assume no liability for carriage of electronic equipment, photographic equipment, jewelry, cash, computer equipment or other similar valuable items. The Carrier shall be at any time entitled for safety reasons to check the Passenger’s luggage both at the terminals and on board the vessel.

7. Carrier’s Liability

The Carrier’s liability shall be determined in accordance with English Law as provided at clause 5 above. The Carrier shall be entitled to limit his liability in accordance with the Athens Convention and/or any other applicable international convention concerning the limitation of liability for multiple claims. In no circumstances shall the Carrier be liable for damage, loss or expense suffered as a result of delay howsoever caused, or for any loss, damage existing outside the scope of application of the contract of carriage or defined in clause 4 above.

8. Liability of Carrier’s Servants, Agents and Independent Contractors

By accepting carriage on these conditions, the Passenger shall be deemed to offer to the Carrier, as agent for any Protected Person, the benefit of every exemption from and limitation of liability, and for every defense or immunity from claims, provided for the benefit of the Carrier under these conditions of carriage and/or applicable provision of law and/or the Athens Convention, and the Carriers acceptance of such offer shall be deemed to be ratified severally by the Protected Person (whether or not he has actual knowledge of the terms of the offer) upon his providing and facility or service, whether or not the passenger has notice thereof; the consideration for such offer and for any contract made pursuant thereto shall be provision or prospective provision by any Protected Person of any facility or service for the benefit, whether direct or in direct amounts recoverable from the Carrier and any Protected Person shall in no case exceed the limits provided by the contract of carriage and/or any applicable provision of law/or the Athens Convention.

9. Validity of Ticket

The Passenger’s ticket is valid only for which it is sold. All times are indicated in local time. The Carrier shall not be liable for any late arrival and/or sailing of the vessel at either the place of departure or at the place of destination.

10. Cancellation and Alternation by the Carrier

(a). The Carrier reserve the right to vary or cancel a scheduled sailing at any time whatsoever, and shall not be liable for any consequences of the some.

(b). The Carrier shall be entitled to refuse embarkation to any passenger who is in the opinion of the Master or his agent is unfit to travel due to sickness or infirmity or who is likely to endanger the safety, comfort or convenience of the of the vessel, her master and crew and other passengers on board the vessel, in which case the passengers so refused embarkation shall not be entitled to any refund of the ticket price.

(c). Prior to sailing, the Carrier shall be entitled at any time to delay or cancel the sailing for reasons of force majeure which shall include, without limitation, war or threat of war, riots, civil commotions, disaster, act of God, terrorist activity, natural and nuclear disasters, fire, technical problems with transport, closure of parts, strikes or other industrial action or any other event outside the Carrier’s control, including weather conditions which in the sole opinion of the Master are likely to endanger the safety, comfort or convenience of the vessel, her master and crew, and passengers. The Carrier shall use best endeavors to give to passengers all reasonable notice there of. In the event of cancellation as aforesaid, the Carrier shall refund all money paid by the Passenger by shall otherwise be under no liability or obligations to the passenger whatsoever.

(d). The Carrier shall be entitled at all times to instruct the Master to deviate from the voyage and/or to alter the vessel’s sailing schedule for the purpose of saving life or property at sea or by reason of any event of force majeure as provided at clause 10 (c) above.

11. Cancellation by Passenger, Ticket Validity and Refunds

(a). This ticket is non-refundable.
(b). Tickets are valid for 1 year from date of purchase.
(c). Tickets issued for specific events are valid for “event only”.

12. Check-in for Sailing

Commences One (1) hour prior to the scheduled departure time and persons holding confirmed reservations/tickets for the date and time of sailing shall be given first preference. Passengers who do not claim their reservations at the Check-in Counter at least fifteen (15) minutes before scheduled departure time will have their reserved carriage cancelled and will not be eligible for denied boarding compensation. Passengers holding “open” or other date/departure time tickets shall be accommodated on a space available basis only.