- Isle of Sark Shipping Co., Ltd. (herein called “the Company”) is not and does not hold itself out as a common carrier. Passengers and luggage are accepted and carried only upon and subject to these conditions, which shall be deemed to form part of the contract of carriage, and to have been accepted by passengers. Where passengers and / or luggage are being carried under a contract of through-carriage made by or on their behalf with some other carrier or person, such carrier or person shall be deemed to have the authority of the passenger to contract with the company on the terms of these Conditions with regard to any portion of the carriage to be performed by the Company.
In these Conditions: “Luggage” (except in Clause 10) means articles or packages with which passengers are accompanied, excluding Bicycles and Perambulators, including articles worn or carried on the person save where the context otherwise requires, the singular includes the plural and vice versa. “Persons” includes firms and Corporations.
- The Company or its servants or agents shall not in any circumstances whatsoever be liable for any injury, death, sickness, loss, damage, detention or delay of or to passengers or luggage howsoever whensoever or wheresoever the same may have been caused, even though such injury, death, sickness, loss, damage, detention or delay is wholly or partly due to the wrongful act neglect or default of the Company or its servants or agents or of any other person for whom the Company is or may be responsible, and even through any ship or craft in or on which the passengers or luggage may at any time be was unseaworthy at the time of embarkation, loading or sailing at any other time. In particular and without limiting, the generality of the foregoing, the above provisions shall apply whether the passengers or luggage were on land or water, or on or in any vessel, craft, conveyance or in any other place of any kind, and although the luggage was in charge of the Company or its servants.
Where passengers or luggage are being or to be carried under a contract of through-carriage, whether made by or on behalf of the Passengers with the Company or with some other carrier or person, the above terms shall apply as between the passengers and the Company throughout the whole carriage, and whether the passengers or luggage are being carried at a particular time by the Company or by some other carrier or person. The Company is authorised to employ or contract with other carriers or persons to carry the passengers or luggage on the terms of these Conditions or on such other Conditions as to the Company shall seem fit.
The terms of this Clause are paramount and shall not be deemed to be limited or prejudiced by any other provisions of these Conditions.
- Unless otherwise agreed between the Company and a carrier or person employed by the Company or with whom the Company has contracted under the last preceding Clause, such carrier or person shall not be liable to the passengers for any injury, death, sickness, loss, damage or delay of or to passengers or luggage howsoever whensoever or wheresoever the same may have been caused, even though the same is wholly or partly due to the wrongful act neglect or default of such carrier or person or of his servants or agents or of any other person for whom he is or may be responsible, and even though any ship or craft in or on which the passenger or luggage may at any time be was unseaworthy at the time of embarkation, loading or sailing or at any other time.
- All vessels have liberty to sail with or without a Pilot; to make trial trips; to adjust compasses; to tow vessels in all situations; to carry goods of any kind dangerous or otherwise; to proceed backwards and/or forwards once or oftener to or from and use any port or ports in any order or rotation for any purpose whatsoever whether in or out of or behind the route between the named termini for the carriage of the passengers or luggage or the customary or advised route; to carry on all or any passengers or luggage to any port or ports beyond their post of destination notwithstanding that the ship may have called at such a port of destination and/or discharged other passengers or luggage or goods there and to carry passengers or luggage back to the port of destination; tranship the passengers or luggage or any of them for any purpose into (including the deck of) any vessel or craft to land and/or store the passengers or luggage or any of them at any port or place and/or to forward or carry the same to their port of destination by any vessel craft or conveyance either belonging to the Company or to others by any route however circuitous either by land or water; and to drydock any vessel or craft with or without goods or luggage on board.
The Company is at liberty to carry the luggage or goods or any of them on deck or in any part of a vessel or craft. All the liberties and other matters mentioned in this clause are agreed to be part of and within the scope of the contract voyage relating to the passengers or luggage and shall not continue a deviation or a breach of any contract between the Company and the passengers.
All luggage so carried or dealt with shall remain at all times subject to these conditions.
- The Company does not undertake that vessels shall start or arrive at the advertised or any particular day or time and all sailings are subject to cancellations without notice notwithstanding any bookings previously made. The Company reserves the absolute right to despatch any vessel with or without her full complement of the passengers, who have booked thereby, to convey passengers on such day at such time and in such vessels (to whomsoever belonging) as they may desire notwithstanding that the passengers may have booked for a particular vessel or for a sailing at a particular date or time.
The Company shall be entitled in its absolute discretion and without assigning any reason to refuse to convey any passenger, notwithstanding it may have previously agreed to carry him. In such circumstances any passage money paid will be returned.
- If from any cause of what kind so ever the carriage of passengers or luggage to the port of destination in the vessel on which the passengers shall have embarked, or their disembarkation from such vessel, is prevented or hindered, the company may at any time cancel the contract and abandon the voyage, and thereupon the contract shall be deemed to have been frustrated in law.
Without prejudice to the generality of other provisions of these Conditions, the vessel and the Company shall have liberty to comply with any orders directions or advise as to departure, arrival, routes, ports of loading, call or discharge, stoppage, transhipment, discharge or destination, or otherwise, howsoever given by any Government or any Department thereof, or any person acting or purporting to act with the authority of any Government or any Department thereof, or by any Committee or persons having under the terms of the War Risks Insurance on the Vessel the right to give such orders or directions and if by reason of and/or in compliance with any such orders or directions anything is done or is not done, the same shall not be a deviation or a breach of this contract. The vessel is free to carry contraband explosives munitions or warlike stores and may sail armed or unarmed.
- Through tickets (where the journey is not continuous) do not include the cost of transfer or conveyance between any termini of respective carriers, or between any stations, coaches, and vessels, or any or either of them, and the respective carriers are not bound to undertake such transfer such transfer or conveyance.
Passengers must produce a traveling ticket whenever so required by a servant of the Company. If a passenger shall fail to produce such ticket on demand of a servant of the Company he shall be liable to pay and shall forthwith pay to the Company the fare from the place at which the vessel originally started on the particular voyage to the next port of call or (if the passenger wishes to travel beyond such port) to the port to which he wishes to travel. The Company shall not in any circumstances be liable to refund the amount of any fare so paid or to make any return to passengers in respect of the value of lost, mislaid or unused tickets of any kind.
The passenger must arrange himself as to the placing on board or removal of any luggage brought with him. General Average according to York / Antwerp Rules, 1950.
- The Company shall have a general lien on luggage for all charges due from passengers. The said lien extends to all charges whether the amount thereof has been ascertained in money at the time of exercising such lien or not.
The expression charges includes all moneys (including any unpaid passage money) due on any account whatsoever from passengers to the Company, all moneys which the Company may become liable to pay on behalf of passengers and the costs and expenses of exercising such lien. Such general lien shall be exercisable by sale without notice to passengers at such time and in such manner as the Company may desire and the Company may deduct from the proceeds of sale the costs and expenses of and incidental to such sale.
- A free allowance of 15 kilos of personal accompanied luggage (exclusive of clothes worn and articles carried on the person) is made to passengers whilst on the Company's vessels or vehicles. Beyond that quantity special arrangements must be made with the Company, but all such luggage whether or not within the free allowances is subject to these Conditions.
- Luggage not accompanying passengers (including luggage in advance) is accepted and carried only on the Company’s Conditions in force for the time being in relation to the carriage of goods as published in the Company’s Sailing Bills Notices or Announcements, save in so far as such conditions cannot in any way be applied to such luggage.
NOTICE – Insurance of luggage may be affected through the Company.
White Rock, Guernsey.