Any Passenger or intending Passenger should read the Conditions of Carriage prior to purchasing a Ticket or embarking upon the Vessel. Copies of the Conditions of Carriage are available from the Company’s office, it’s official Website, ticket agents and the purser aboard the Vessel. Every reasonable effort has been made to make the Conditions of Carriage clear and as easy to understand as possible. However, if there is anything which you, as the Passenger or intending Passenger, do not understand you should contact a member of staff, prior to the purchase of a Ticket, who will either offer you the appropriate explanation or refer you to another member of staff capable of providing the necessary explanation. In doing this you will not affect your rights under English or Scottish Law.
It is mutually agreed between the Passenger and the Carrier, that the Ticket issued by or on behalf of HMS69, for any Sailing or group of Sailings, is accepted by the Passenger subject to the Conditions of Carriage set out herein.
In these conditions the following words have the following meanings:
Contract: any contract between HMS69 and the Client for the provision of the Services, incorporating these Conditions;
The person(s), firm or company for whom HMS69 provides the Service as evidenced by them signing the booking form to which these terms are attached;
The Service of any vessel for hire for sight seeing and pleasure cruise purposes in and around the Cardiff Bay area or Manchester Ship Canal.
The following words have a specific meaning and are used throughout these Conditions of Carriage:-
Sailing shall mean any excursion, voyage, cruise or other event arranged and provided by the Carrier, inclusive of the provision of accommodation, tendering or connecting service on which the Passenger may travel or otherwise use.
Passenger shall mean any person not otherwise a servant of the Carrier taking part in the Sailing, including infants, whether or not named in the Ticket.
The period extending from the final weekend in the month of November until the final weekend of December shall be defined as Christmas.
The period extending from the first weekend in the month of May until the final weekend of July shall be defined as Summer.
Carrier or Company
Shall mean HMS69 and any other associated subsidiary, agent, charterer and manager and their Officers and servants.
Shall mean any charge due or paid to the Carrier by the Passenger in return for the Ticket and shall include any relevant fee, due, passage money or other charge.
Conditions of Carriage
Shall include all provisions of this document.
Shall include baggage, money, valuables, motor or pedal cycle, animals, clothing and any possession of the Passenger.
Shall mean any ship, boat, tender or other means of conveyance or access provided by or operated by the Carrier for the carriage of Passengers.
In these conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended.
In these conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
In these conditions headings will not affect the construction of these conditions.
APPLICATION OF TERMS
Subject to any variation under condition 2.2 the Contract will be on these conditions to the exclusion of all other terms and conditions.
These conditions apply to all HMS69’s Services and any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by an authorised director of HMS69. Nothing in this condition will exclude or limit HMS69’s liability for fraudulent misrepresentation.
Each booking for the Service by the Client to HMS69 shall be deemed to be an offer by the Client to purchase the Services subject to these conditions.
No booking placed by the Client shall be deemed to be accepted by HMS69 until a non-refundable deposit of 50% in clear funds has been received.
The Client must ensure that the terms of its booking and any applicable specification are complete and accurate and HMS69 shall have no liability whatsoever with regard to any booking made which is not accurate.
All descriptive matter, specifications and advertising issued by HMS69 and any descriptions or illustrations contained in HMS69’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of this Contract.
RESERVATIONS AND PAYMENT
Bookings will be confirmed when HMS69 have received a completed and duly signed booking form together with the non-refundable deposit as detailed in condition 2 above. Provisional bookings will be held for seven days. Should no booking form or deposit be received within that time then the planned date shall become available to other clients.
HMS69 shall have absolute discretion to alter the details of the Services.
The clients can not alter or amend any details of the Services without prior approval from HMS69.
The balance of all monies must be received no later than 14 days before the date of the voyage to guarantee the vessel, except for bookings which are taken within 14 days of the date of performance of the Services which will require the full balance to be paid immediately. Without full payment HMS69 will not charter the vessel to the Client.
Time for payment shall be of the essence.
No payment shall be deemed to have been received until HMS69 has received cleared funds.
The Client shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by HMS69 to the Client.
If the Client fails to pay HMS69 then any sum due pursuant to the Contract, the Client will be liable to pay interest to HMS69 on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Barclays Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgment. HMS69 reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 in addition to the aforementioned interest rates.
CONTROL OF THE VESSEL
During the entire charter period of the Service, the vessel will remain under the absolute control of the Captain and crew (as provided by HMS69). If for weather, tidal or other reasons the Captain considers it necessary to vary the scheduled trip, his decision will be final.
The Captain has the right to refuse passage to any person or persons. The reasons for such refusal need not be stated. The Client is assured that any such refusal will be in the best interests of the vessel and all persons embarked.
The vessel shall be available to the clients only up to 15 minutes before the cruise time specified, unless otherwise approved in writing by the Captain.
The Captain shall have the absolute and sole discretion to decide when the clients must leave the vessel once the cruise ends.
Any person under the age of 16 must at all times have adequate and appropriate supervision from an adult, who is responsible for ensuring ensure their safety on the vessel. HMS69 will not be responsible for the safety on board the vessel of any person under age.
There shall be no smoking permitted at anytime inside the vessel.
There shall be a zero tolerance position on the use of illegal drugs.
LIMITATION OF LIABILITY
The following provisions set out the entire financial liability of HMS69 (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:
any breach of these conditions; and
any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these conditions excludes or limits the liability of HMS69 for death or personal injury caused by HMS69’s negligence or fraudulent misrepresentation.
Subject to conditions HMS69 shall not be liable to the Client for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
Should a voyage be cancelled by the Client for any reason within 10 weeks of the said voyage, then 50% of the boat hire charges, and entertainment and catering costs (where applicable) are payable by the Client.
Should a voyage be cancelled by the Client for any reason within 4 weeks of the voyage, then 100% of the boat hire charges, and entertainment and catering costs (where applicable) are payable by the Client.
Under no circumstances are clients allowed to bring their own beverages aboard HMS69 vessels. Any contravention of this policy will result in the voyage being terminated immediately at the nearest pier without refund. HMS69’s crews have absolute discretion and authority in this matter.
HMS69 may request to cancel or change the day and time of voyage where passenger numbers are low.
FOOD, DRINK AND ENTERTAINMENT
If corporate clients wish to run a bar account, then this must be arranged prior to the date of the voyage and the balance for the account must be paid either by cash or credit card within 5 working days from the issue of the invoice, unless for any reason the invoice can not be raised at the time. If a client wishes to put a ceiling on the account, or wishes to limit the variety of drinks available (for example to beer, house wine and soft drinks but no spirits) then a member of HMS69 must be personally informed prior to the voyage. Arrangements for bar accounts cannot be made once aboard.
HMS69 reserves the right to alter the food and drink menu and may replace any food, alcoholic drink or wine with one of similar quality.
Any Client intending to decorate the inside of the vessel must have the prior written approval from HMS69 before boarding the vessel.
Although every reasonable endeavour will be undertaken by the Carrier to provide catering aboard the Vessel, this is not guaranteed and all catering is offered subject to availability and the Carrier shall be under no obligation to provide any catering.
Any Client intending to change the music and entertainment provided must have the prior written approval from HMS69 and if granted this will result in an extra charge payable by the Client, which will be indicated at the time when written approval is given.
The Client shall not be entitled to assign the Contract or any part of it without the prior written consent of HMS69.
HMS69 may assign the Contract or any part of it to any person, firm or company.
HMS69 reserves the right to cancel and / or amend the Contract or any voyage if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of HMS69 including, without limitation, acts of God, governmental actions, harbour authority actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
Each right or remedy of HMS69 under the Contract is without prejudice to any other right or remedy of HMS69 whether under the Contract or not.
If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
HMS69 retains ownership in all and any intellectual property created or otherwise arising during the provision of the Services and in addition retains all rights of ownership in any source code developed or otherwise used. The Client is provided with a licence to use such intellectual property and source code (for the purpose agreed by the Client and HMS69 at the start of the contract) provided that it has paid HMS69 the price for the Services in full.
Failure or delay by HMS69 in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
Any waiver by HMS69 of any breach of, or any default under, any provision of the Contract by the Client will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English and Welsh law and the parties submit to the exclusive jurisdiction of the English and Welsh courts.
HMS69 shall be open from 11 am to 11 pm on week days and weekends. Any arrangements for bookings or any queries must be made within the working hours of HMS69.
All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post or electronic mail:
(in case of communications to HMS69) to its registered office or such changed address as shall be notified to the Client by HMS69; or
(in the case of the communications to the Client) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Client set out in any document which forms part of this Contract or such other address as shall be notified to HMS69 by the Client.
Communications shall be deemed to have been received:
if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting);
if delivered by hand, on the day of delivery;
if sent by electronic mail and otherwise on the next working day.
CONDITIONS OF CARRIAGE
All carriage is offered solely in accordance with the Conditions of Carriage of HMS69. as set out herein and as may be qualified in any written statement, advertisement, publication or in any written information of any sort issued by the Company or as may be made orally by the Company on its Vessels.
LIABILITY UNDER THE ATHENS CONVENTION
Passengers are advised that the provisions of the Convention relating to the Carriage of Passengers by Sea 1974 (The Athens Convention) are applicable. Copies of the Athens Convention are available to the Passenger on request.
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 is given to the Carrier:
(i) in the case of apparent damage, before or at the time of disembarkation or redelivery, or
(ii) in the case of damage which is not apparent or of loss within 15 days from the date of disembarkation or redelivery, or from the time when such redelivery should have taken place.
(iii) in the case of damage which the Passenger many otherwise prove.
Written notice is not necessary for a Passenger to claim for loss, if the condition of the luggage has, at any time of receipt by the Passenger, been the subject of joint survey or inspection.
The terms of the Athens Convention relating to the carriage of Passengers and their luggage by sea 1974 (which convention is referred to as The Athens Convention) shall be deemed to be incorporated into and to form part of these Conditions of Carriage and shall apply in cases involving death or personal injury to a Passenger or the loss of or damage to the luggage of such Passenger happening on board the Vessel. Any resulting claim is to be settled in accordance with the York-Antwerp Rules, 1974. Copies of the York-Antwerp Rules are available to the Passenger on request.
LIABILITY IN OTHER SITUATIONS
The incorporation of the Athens Convention in these Conditions of Carriage shall not remove or restrict the right of the Carrier to any other limitation of liability accorded to him by any other statute, convention, regulation, protocol, law or code whatsoever which may be in force in the United Kingdom, its territorial waters or other country where the Sailing takes place, at any given time.
The Carrier shall not be liable for any death, wounding or claim of whatsoever nature in connection with the services carried out by the Carrier other than where negligence on the part of the Carrier is proven in a Court of Law.
In the event of any inconsistency between these Conditions of Carriage and those of the Athens Convention then the terms of the Athens Convention shall prevail.
The Carrier does not accept any liability whatsoever for any loss suffered by the Passenger in respect of any loss or damage to the Passenger’s Property whilst in the vicinity of the ship or on any premises used by the Carrier or in any conveyance, other than the ship, unless such loss is caused by the negligence or fault of the Carrier.
VARIATION IN RESPECT OF SAILINGS
The Carrier will make every reasonable effort to undertake the advertised and any other agreed or offered Sailings, but no Sailings are guaranteed, and Sailings may be altered, delayed, amended or cancelled where:-
the Carrier would otherwise be in breach of any of the safety requirements of
the Merchant Shipping Act or any other law relating to the operation of the
ship, ports, waterways or open sea.
in the opinion of the Carrier, unreasonable discomfort of Passengers or crew
variation occurs in tide or other natural event.
due to war, terrorism, labour dispute, breakdown of the Vessel, congestion,
disease or docking difficulty.
entering or leaving a port may expose the Vessel to risk of loss or damage or
to cause unreasonable delay to the Vessel.
in the reasonable opinion of the Carrier, the weather is, or is forecast to be,
The Carrier shall not be liable for any delay or inconvenience or for any consequent loss or damage suffered by any Passenger, unless such delay or inconvenience or resulting loss, expense or damage arises from the negligence or fault of the Carrier.
Where a Sailing is altered, delayed or amended, it may be necessary to land the Passenger and his Property at an alternative destination. In such circumstance the Carrier will endeavour to get the Passenger to a suitable alternative destination or to the intended destination by other suitable means of transport. No refund of Fare is due.
Where a Sailing is altered, delayed or amended, it may not be possible to return the Passenger and his Property to the point of embarkation. In such circumstance, the Carrier will endeavour to return the Passenger by other suitable means of transport. No refund of Fare is due.
Where a Sailing is substantially reduced in distance travelled, the Carrier shall make a partial return of Fare or give opportunity to travel on another occasion at specially reduced cost.
Where the Passenger has not embarked on the Vessel, the Carrier may cancel the proposed voyage and shall refund Passengers’ Fares paid in advance
Where a Sailing is altered, delayed or amended by the Government or any of its agents due to the outbreak of war, terrorism or other event, the Carrier shall not be liable for any delay or inconvenience or for any loss or damage whatsoever suffered by any Passenger. This shall also apply where the Carriers’ War Risk insurance is being restricted or cancelled.
The Carrier shall not be bound to provide any particular Vessel for a specified Sailing and may transfer or tranship Passengers at its reasonable discretion. The Passenger is due a refund in Fare only where the substitute Vessel undertakes all or most of the intended Sailing and offers substantially lower speed, capacity and passenger facility to that of the advertised Vessel, and where there the Passenger elects not to travel.
Where one Ticket is issued in respect of a number of Passengers, the person to whom the Ticket is issued contracts with the Carrier as agent for all the Passengers in respect of whom the Ticket is issued. All such Passengers are bound by these Conditions of Carriage, and the person to whom the Ticket is issued agrees that he or she has authority so to contract on behalf of all such Passengers.
Where a Passenger signs a Contract, pays a deposit or purchases a Ticket in advance of the intended Sailing, by cheque, postal order, credit card, electronic transfer or other method, the Ticket shall be deemed to be issued, and or Contract entered into, and these Conditions of Carriage to apply from the time of receipt by the Carrier of such payment authority.
Any Fare paid for a Ticket purchased for a Sailing which takes place is non-refundable and non exchangeable other than at the Carrier’s sole discretion. If a Sailing does not take place the Fare will be refundable in full without any further liability on the part of the Carrier.
The Carrier shall have sole discretion in setting the level of Fare applicable to any Sailing or group of Sailings and in effecting any special incentives, reductions or attractions for any Passenger of group of Passengers.
Subject to the availability of space, the Carrier offers Tickets for sale to intending Passengers after they have boarded the Vessel. Any Passenger boarding the Vessel with intention to travel on a Sailing, must purchase a Ticket and is subject to these Conditions of Carriage form the time of his or her embarkation.
DAMAGE CAUSED BY PASSENGERS
The Passenger shall be liable to reimburse the Carrier for all damage to the Vessel and its furnishings and equipment or any property of the Carrier caused directly or indirectly by any wilful or negligent act or omission on the part of the Passenger. The Passenger shall further pay the Carrier against any cost whatsoever which the Carrier may incur towards any person or company or Government for any personal injury or death, loss or damage to property caused directly or indirectly by any wilful or negligent act or omission on the part of the Passenger.
THE COMPANY’S RIGHT TO HOLD GOODS
The Carrier will give the Passenger reasonable opportunity to pay any outstanding Fare. Where the Passenger is unable to pay his Fare on board the Vessel, the Carrier may keep hold of some or all of the Passenger’s Property and, where reasonable to do so, shall have the right to sell it, having given the Passenger due notice of the time and place of sale, to pay for any outstanding Fare or other liability of the Passenger due under these Conditions of Carriage. The Carrier shall have the right to recover costs and expenses of enforcement and recovery of any Fare due. The Carrier undertakes to obtain the best price in any such sale and to refund any surplus to the Passenger.
THE COMPANY’S DISCRETION AS TO CARRIAGE
The Company is not and shall not be held to be Common Carriers.
For the comfort and safety of Passengers and, subject to the Merchant Shipping Act, the Carrier or designated servant or agent, shall require any person reasonably adjudged to be in any way unfit through abuse of drink, drugs, or other substance or whose behaviour is in any way repugnant, to leave the Vessel at the first port of call. No refund of Fare will be given and the Carrier shall in no way be liable for the cost of alternative travel arrangements, accommodation, inconvenience or any other resulting cost or liability. The Carrier may resort to assistance of the civil police, military or other appropriate authority in expediting the removal of such Passengers from the Vessel.
Clause 20 shall apply in full to persons at embarkation either on the outward or return journey, whereupon embarkation may be refused.
Under no circumstances shall any Passenger bring any alcohol, drugs, illegal substances or dangerous goods aboard the Vessel. The Company, its employees and/or agents shall be entitled to undertake searches of passengers and luggage to be carried on their vessels to ensure the safety and welfare generally of its vessels, passengers and crew.
The Carrier does not accept unaccompanied children under the age of sixteen for travel. All children travelling with their parents or other adults remain the responsibility of their accompanying parents or other adults who should take steps to supervise the children in their charge and make sure that their behaviour does not endanger their own safety or the safety and comfort of other Passengers.
NON-FARE PAYING PASSENGERS
From time to time and at the invitation of the Carrier, its agents, employees and servants, persons may be invited aboard the Carrier’s Vessel as non fare paying passengers for recreational purposes, film making, other work or as a guest. Under such circumstances, such passengers must avail themselves of a complimentary Ticket from the Purser. Notwithstanding issue of such Ticket, such persons shall upon embarkation, with a view to undertaking any Sailing for any purpose, be bound entirely by the provisions of these Conditions of Carriage.
Where persons may be undertaking any activity such as filming, effecting repairs, carrying out inspection of any other activity other than that pertaining to a Fare paying Passenger, such person shall agree his insurance arrangements with the Carrier prior to travel and shall cover any loss the Carrier may incur, any cost for any loss, or damage howsoever arising from his presence aboard the Vessel.
For the comfort and safety of all Passengers, the Carrier shall require the Passenger to take due note of all safety notices, instructions, advice and guidance made available aboard the Vessel, whether issued verbally by any servant of the Carrier, broadcast over the public address system or disseminated on leaflets, posters or signs. The Carrier shall be entitled to any limitation of liability for any accident, injury or loss, where such may be due, under any applicable Law or Statute, due to disregard on the part of the Passenger of such safety notice, instruction, advice or guideline.
TRAVEL ON BOARD
Purchase of a Ticket shall entitle a Passenger to a place aboard the Vessel on a specified Sailing in compliance with the provisions of the Merchant Shipping Act for the voyage being undertaken. It does not presume the availability of any particular seat or position aboard the vessel for such Passenger.
The Carrier has the right to reserve areas of the Vessel for the exclusive use of a Passenger or group of Passengers. Purchase of a Ticket for a specific Sailing will not give any Passenger the right to enter into such areas as may have been so reserved for others.
The Carrier reserves the right to offer any entertainment aboard the Vessel without having given prior notice to Passengers, although every effort will be made to ensure that this is advertised in advance. The Carrier reserves the right to alter or amend advertised entertainment at its sole discretion.
These Conditions of Carriage shall be governed by English and Scottish Law and any disputes thereunder shall be determined in England or Scotland, at the Passenger’s reasonable choice, to the exclusion of the jurisdiction of any other country. If any provision of these Conditions shall, form time to time and to any extent be illegal, unenforceable or in any way invalid due to any changes in the law or changes in any regulations or for any other reason whatsoever, then the remaining Conditions shall not in any way be impaired and any or all of these Conditions shall be enforceable to the fullest extent permitted by Law.
These Conditions of Carriage supersede all previous issues.