Hovertravel Limited Conditions

Preamble

The present terms and conditions of sales and carriage come into effect on May 19th 2009 (the "Conditions").  They cancel and replace all earlier conditions and supersede all previous negotiations and representations. No other terms or conditions or any other variation of these Conditions shall be effective unless in writing and agreed to and signed by a duly authorised representative of Hovertravel Limited.

Copies of these Conditions are available on demand.  These Conditions shall apply to your booking.  We believe that these Conditions are fair and clear.  Please read them carefully.  These Conditions include certain limitations and exclusions in respect of our liability for death, personal injury, financial loss and damage to property, even if caused by our negligence. 

1. Introduction

(a) By making a booking with us, you accept that these Conditions apply both to you and to all persons on whose behalf your booking is made and you must inform them accordingly.

(b) Your contract with us is governed by English law and the English courts shall have non-exclusive jurisdiction over any dispute.

(c) We are not a 'common carrier' (someone who must take any passenger who offers the right fare), so we can refuse to carry you, your baggage, or goods.

(d) The Carriage by Air Act 1961, the Carriage by Air (Supplementary Provisions) Act 1962, and related regulations set upper limits on what we have to pay if we are liable for death, wounding or bodily injury, or for loss or delay of or damage to your baggage.

(e) We may have the right to limit our liability for loss of life or personal injury, and for loss or damage to goods under the Merchant Shipping Act 1995. (This Act sets upper limits on what we have to pay for death or personal injury to people who are not passengers. It also excludes our liability altogether for loss of or damage to certain unaccompanied property and undeclared valuables on board resulting from such things as fire or theft).

(f) The Rules set out in the Schedule to the Carriage of Goods by Sea Act 1971 apply to our contract with you if we carry your goods. This means if we give you a receipt for goods, we will treat it as if it were a bill of lading (an official document which can prove who owns the goods carried). The Rules impose various responsibilities on us, but also excuse us from liability to you for various events affecting your goods, and set upper limits on what we may have to pay for loss of or damage to your goods. The Rules replace any of these conditions if there is a difference.

(g) If we arrange for someone else to provide other facilities (such as meals, admission tickets, visits to attractions, and so on), you must keep to any conditions that other person imposes on you.

2. Definitions

In these Conditions, the words and phrases which follow have the meanings shown
next to them.

“craft” means any craft which we own or run, or which we arrange for someone else to provide, to carry you or your goods.

“goods” means cargo, property, baggage, live animals, and other goods (unless the law says different).

“vehicle” means any vehicle which we own or run, or which we arrange for someone else to provide, to carry you or your goods on land.

“shipper” means any person, or their agent, whose goods we carry on our craft or vehicles if that person does not travel with the goods.

“we, us, our” means Hovertravel Limited, any organisation who takes over the business, and where appropriate our employees, agents, independent contractors and sub-contractors. 

“Carrier” means hovertravel Ltd, the Owner or any Charterer, or Operator of the Vessel, their servants and/or agents or any other person or Company to the extent that it acts as Carrier or persons, luggage and other goods.

“you, your” means each person who gets onto the craft, even if they have not paid, and each shipper.

3. Tickets and Fares

Fares are based on travel dates, time of departure and availability.  Payment is due at the time of booking, unless otherwise stated.

Tickets only apply for the date and journey shown on them and you cannot transfer them. You must give us your ticket when we ask you to. If you do not, we will charge you in full for your journey and may refuse to take you. We do not have to give you refunds for lost tickets or tickets you do not use.

(a) Season Cards

Season Cards are issued subject to the following terms, which are additional to and do not modify, waive or vary Hovertravel’s Conditions:

One-Month and Three-Month standard season cards are valid for exactly one or three months.

Purchasers must provide a passport sized photograph for our company records.

Extendable Three-Month, Six-Month and Twelve-Month Season Cards can be handed in for periods of 7 days or more.  The expiry date will be extended by the number of days the ticket is handed in, up to a total of 14,21,49 days as indicated.  Tickets must be handed in to claim the extensions – extensions cannot be backdated.

When purchasing a Season Card passengers are asked to make permanent reservations for both their usual outward and return journeys.  Unless bookings are made, travel at other times is subject to a seat being available.  For bookings to be continued, Season tickets must be renewed prior to the expiry date.

Passengers must check-in at least five minutes before the scheduled departure time.

Season cards are not transferable.  They are issued for exclusive use of the person named on the ticket.

Hovertravel is not responsible for lost or damaged tickets.  A £10 administration fee will apply for duplicate tickets.

Any person wishing to claim a refund must apply in writing or email to the Customer Services Manager, stating their reasons.  A small fee (not more than £25) will be deducted from any refund to cover administration costs, and any refund that amounts to less than £15 will not be considered.

b) Other Commuter Tickets

Travel Cards and company ‘50’ books, are issued subject to the following terms, which are additional to and do not modify, waive or vary Hovertravel’s Conditions.

Purchasers must provide a passport sized photograph for our Company Records.

Passenger’s travel at all times is subject to seats being available and passengers should check-in at least five minutes before their required crossing time.

Travel card 100’s, consist of 100 single journeys, and are valid for three/six months from the date of purchase.

Frequent Flyers contain 10 day-return journeys, which are valid for six months from the date of purchase and Ryde only.

Frequent Flyer Plus contains 20 single journeys, which are valid for twelve months from the date of purchase.

Cards are not transferable or refundable.  They are issued for exclusive use of the person named on the ticket.

(c) Booking online and payment

Bookings made ‘on-line’ via the internet are deemed to have been contracted in the U.K and for which a reservation form has to be completed.  Online fares may be subject to alternative prices to that of standard fares – i.e for offers or priced according to service time.  Tickets purchased online are not transferable to a standard rate fare at the terminal.

Full payment is required in order to secure a booking.  Once payment is received the Carrier will issue a confirmation number via email.

For promotional fares, full payment, by credit or debit card, is required at the time of booking.  A booking fee will be made on all credit card purchases.

Offers online will be subject to certain timed services, specific ticket types and subject to availability.  Offers may be withdrawn at any time.

4. Your journey

(a) We will do all we reasonably can to transport you and your goods on the scheduled journey at the advertised time. We will not be responsible if, despite these efforts, our craft or vehicles:

- do not run on time,'
- do not start or finish the journey at the advertised times, or
- do not make the journey by the advertised, or the normal or shortest route.

For example, if we are thinking of the safety and convenience of our passengers, or if there are circumstances we cannot control, we may need to go by a different route; delay our departure time; leave early; drop or pick up you or your goods at a different place; cancel your journey; or replace the craft or vehicle with a different craft or vehicle, or transfer you or your goods to another craft or vehicle. Our craft may also have to go to help others during your journey.

(b) You are advised that the Hovercraft (Civil Liability) Order 1986 relating to the Carriage by Air Act 1961, the Carriage by Air (Supplementary Provisions) Act 1962 and the Merchant Shipping Act 1995 as in force under English law applies to these Conditions.  This limits our liability for death or personal injury or loss of or damage to goods.  A copy of the Hovercraft (Civil Liability) Order 1986 is available on request.  We will not be liable for any losses, damages or expenses arising from delay or for consequential losses howsoever arising.  In no circumstances will we be liable to you for any loss, damage or expense of any nature which arises out of:

i. your fault or that of any person travelling with you; or

ii. the act or omission of any third party who has no connection with the provisions of the services that we have agreed to provide to your where such act or omissions is unforeseeable or unavoidable by us; or

iii. any unusual or unforeseeable circumstances outside our control where the consequences could not have been avoidable even with the exercise of all due care by us.

(c) Any responsibility we have to you will end as soon as you and your goods (or, if you are a shipper, as soon as your goods) are off the craft safely.  If for any reason (unless the cause is a fault on our part, you or your goods are not disembarked at the end of the journey, you and/or they may be returned at our discretion to the port of departure or, taken to another port with you being charged the appropriate fee in each case.

(d) If a service is cancelled by Hovertravel passengers will be offered an alternative timed crossing. If a service is cancelled by Hovertravel due to severe bad weather or sea conditions, we cannot accept liability for any costs or inconvenience caused by such delays.

If a customer requests a refund due to the fact that they could not make a service, the customer will need to write/ or email the Hovertravel Customer Services department with the request for consideration.

(e) Hovertravel are not obliged to offer alternative transport in the event of a prolonged cancellation of service, however we will endeavour to advise  Passengers of alternative measures, at our discretion.

5. Special Requests

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, 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 soon as possible on the booking form.

6. Loss and Damage to Goods

We will take reasonable steps to protect your goods while they are in our custody, but we cannot guarantee that they will not be lost or stolen. If we are responsible for any loss or theft because we have not fulfilled our responsibilities to you, we will pay you up to a maximum of £100 inclusive of cost of goods and all compensation. This will depend on the cost and condition of those goods or the value. of those goods which you declared to us before the loss. We will take off an amount which you are legally entitled to claim from your insurers. But if any law or regulation says we have to pay you a higher amount, we will do this. We will not pay you anything if we fulfil our responsibilities to you but your goods are still lost or stolen.

We require you to notify us (a) before or at the time of disembarkation in respect of apparent damage to or loss of goods and (b) within 3 days of disembarkation in respect of damage to or loss of goods which is not apparent. If you do not notify us within these periods, you will be presumed to have received your goods undamaged.

7. Dangerous goods

We will not carry any dangerous or potentially dangerous goods on our craft or vehicles. If we discover any dangerous goods on our property or our craft or vehicles, and we have not agreed to carry them, we can destroy or get rid of them at once; and you will be liable for all loss, damage or costs caused by the goods or which we have to pay in destroying or getting rid of them.

8. Collecting goods

If you do not collect your goods, or arrange for them to be collected, we may after a reasonable period sell them and only account to you for the proceeds (less any storage charges and costs of sale) if you make a claim within 6 months of the journey.

9. Condition of the goods

(a) Any baggage in excess of 30 kilos per passenger may be subject to an additional charge.  Any oversized items will be carried subject to load and may have to be carried as freight at the applicable freight tariff.

(b) Unless we inspect your goods with you because you ask us to, we will not examine the condition of your goods if they are in containers or packaging of any sort. Our receipt is only an acknowledgement that we have received packages or items from you which weigh what the receipt says.

(c) If we think your goods need to be packed or re-packed, before they are loaded or after we have landed, we can do this and charge you.

(d) We can inspect goods which you have packed, in your or your representative's presence, before we receive them. We can refuse to accept any goods without giving you a reason.

(e) Unless you write to us to tell us that we can only give your goods to a person who gives us the receipt, we will give them to any person who claims to have your authority to collect them. If you do write to us, we will give the goods to any person who gives us the receipt. If the person who collects the goods or gives us the receipt did not have your authority to collect the goods, we will not be liable to you for any loss, damage or inconvenience which you suffer.

(10) Your authority.

If you are a shipper but do not own the goods or have the owner's authority to ship or transport them on our craft or vehicles, you must indemnify us against all claims which the owner of the goods makes against us.

11. General

(a) You will indemnify us against all loss and damage which we may suffer, caused by any unlawful act you or any person you are responsible for, carry out. You must also indemnify us against any loss or injury which you or your goods (or any person you are responsible for, or their goods) cause to any passenger, any of our staff, any other person, or any other goods. Any of our staff and the pilot or driver of our craft or vehicles may prevent you from getting on or remove you from the craft or vehicle if we think your behaviour breaks any regulations or is unacceptable.

(b) If any of our Conditions conflict with any laws, regulations, or requirements, that Condition (or the part of it which disagrees) will not apply. However, no other Conditions will be affected.

(c) Unless any laws limit our liability for death or injury, these Conditions do not limit or change any conditions for our liability for death or personal injury because we have been negligent.

(d) The legislation which is referred to in Conditions 1c, d and e, may be changed by Parliament or replaced by new legislation.  If so, these Conditions will apply as of they specifically referred to the changed or new legislation.

Conditions of Carriage

12. Check-in

It is in the booked passenger’s responsibility to check in at least 5 mins before the departure of the service.  If any booked passenger arrives later than this time they may require to board following a first come first served process.

13. Conduct

The passenger agrees to abide by the Carrier’s company’s rules and regulations (set out at the end of this conditions document - Statutory Instrument 1972 No. 674The Hovercraft (General) Order 1972, PART IV SUPPLEMENTARY PROVISIONS)
and all orders and directions of the Beach Master and the Hovercraft’s Captain.

The passenger shall be liable to the [Carrier] and shall reimburse it for loss, damage or delay sustained by the [Carrier] because of any act or omission on the part of the passenger.

14. Pets

Dogs may board the vessel and must sit on the floor or be transported in a pet carrier.  If any dog should foul in the terminal or on board the craft the owner/carer is responsible to clear up the mess and inform a member of crew/staff.  Any owner/carer who does not abide by this rule may be charged £10 by the Captain/Beachmaster.

15. Changing the Conditions.

None of our staff can ignore, suspend or change any of these Conditions. We will enforce these Conditions against you in full even if any of our staff have not done so or led you to believe that we would not do so.

If you would like to comment on or have any queries in relation to these Conditions please write to:

Customer Services
Hovertravel Ltd
Quay Road
Ryde
Isle of Wight
PO33 2HB

www.hovertravel.co.uk
email: info@hovertravel.co.uk

Statutory Instrument 1972 No. 674
The Hovercraft (General) Order 1972

PART IV
SUPPLEMENTARY PROVISIONS

Safety of persons and property

26.(1) A person shall not wilfully or negligently -
(a) act in a manner likely to endanger a hovercraft, or any person therein;
or
(b) go or attempt to go on a journey on a hovercraft without the consent of the captain or other person authorised to give it.

(2) A person shall not -
(a) enter a hovercraft when drunk, or be drunk in a hovercraft;
or
(b) smoke in a place in a hovercraft or at a hoverport where and when smoking is prohibited by notice.

Duty to obey captain

27. Every person in a hovercraft shall obey all lawful commands which the captain may give for the purpose of securing the safety of the hovercraft and of persons or property carried therein, or the safety, efficiency or regularity of navigation.