MARCH 2011

When you make a booking with us you guarantee that you have the authority to accept, and do accept on behalf of your party, these Booking Terms and Conditions, which apply to all bookings with Hovertravel Limited as set out in these Booking Terms and Conditions. Please therefore read these Booking Terms and Conditions carefully. All bookings made by you and accepted by us are subject to these Booking Terms and Conditions. Any variations to these Booking Terms and Conditions shall only be valid if they are agreed to in writing by a director of Hovertravel.

 1.     YOUR CONTRACT

Your contract for your travel arrangements (as confirmed at the time of booking) is with Hovertravel Limited (company registered number: 00830401), whose registered office is at The Beehive, Beehive Ring Road, Gatwick, West Sussex RH6 0PA.

It is also agreed by you that this contract is deemed to have been made at our offices and is subject to the laws of England and Wales and any dispute or claim under it will be submitted to the non-exclusive jurisdiction of the English courts. 

When you book with us you accept responsibility for the proper conduct of you and your party. We reserve the right to terminate your booking, or that of any member of your party, due to misconduct, in accordance with these Booking Terms and Conditions. These Booking Terms and Conditions are the basis of the contract between us. Please take the time to read every paragraph carefully.

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, any member of your group or Goods (as defined below).

The Carriage by Air Act 1961, the Carriage by Air (Supplementary Provisions) Act 1962, and related regulations and conventions 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.  We limit our liability in accordance with those Acts, regulations and conventions.

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.  If we are able to limit our liability under the Merchant Shipping Act 1995 (in respect of carriage of passengers and their luggage by sea) then our liability will be limited, as appropriate, under this Act.

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 and we shall be entitled to limit our liability to you in accordance with these Rules.

If we arrange for someone else to provide other facilities (such as the Hoverbus (operated by Stagecoach), meals, admission tickets, visits to attractions, event tickets and so on), you must keep to any conditions that the other person imposes on you. In such circumstances, we only make such arrangements acting as agent and the terms and conditions of the providers of those other services and/or facilities will be liable to you in respect of such arrangements.  Hovertravel shall not be liable in any way in respect of any act, omission, performance or non-performance of such services and/or facilities.

2. DEFINITIONS

In these Booking Terms and Conditions, the words and phrases which follow have the meanings shown next to them.
 
“Carrier” means Hovertravel Ltd, the owner or any charterer, or operator of the Craft, their servants and/or agents or any other person or company to the extent that it acts as carrier of persons, luggage and other Goods, or performs any other service incidental to such carriage.

“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 (if approved by us), and other goods (unless the law states otherwise).

“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.

“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.

“we, us, our” means Hovertravel Limited, a company registered in England and Wales under number 00830401 and whose registered office is at The Beehive, Beehive Ring Road, Gatwick, West Sussex RH6 0PA, including any organisation who takes over the business, and where appropriate our employees, agents, independent contractors and sub-contractors.

“You, your” means the person agreeing to these Booking Terms and Conditions, together with each person who gets onto the Craft, even if they have not paid, and each Shipper.

3. MAKING YOUR RESERVATION WITH HOVERTRAVEL

3.1) Once we have accepted your booking electronically (via our website or email) or in writing and issue our confirmation reference number or travel ticket, or we accept your travel booking via your travel agent, a contract comes into existence between us incorporating these Booking Terms and Conditions.

3.2) Full payment is required at the time for all reservations, apart from direct debit payments, where payment terms must be adhered to, or when booking groups of 15+ where our group payment terms apply (see Groups) or where account facilities are held.

3.3) Payment is accepted by Cash (at cashiers in Ryde & Southsea), credit or debit card at cashiers, through the website or self service machines.

3.4) If we do not receive monies due to us by their due dates (as notified to you), we reserve the right to treat your booking as cancelled and levy any applicable cancellation charges.

3.5) Please note that you will not receive a reminder that any final payment is due and payment must be received by us in sufficient time to allow for clearance by the due date for payment.

3.6) We reserve the right to levy a charge of 3% of the transaction value where payments are made by credit card, depending on the credit card provider rate.

3.7) If your travel arrangements are booked via National Rail, National Express, Greyhound or a third party and your travel involves Hovertravel, please be aware that these Booking Terms and Conditions are applicable to your booking with us.

3.8) Direct debit payment method is only permitted for yearly season card purchases and academic cards. Direct debit payments are spilt across 10months, with the first payment being paid by cash or credit card and then 9 equal payments. If you change your direct debit details once set up an admin fee of £35 is applicable. If any direct debit payments are returned ‘unpaid’ there will be a £35 recovery fee and the season card will be terminated for travel until payment received for all outstanding payments. The terminated travel period will not be refunded for this reason. Conditioned date for application of direct debit on academic cards applies. 

4. PRICES AND COSTS

4.1) The cost of your travel with Hovertravel is as listed on our website and current product list (full details available from the cashiers office) and as detailed on your booking confirmation / ticket. We reserve the right to alter the prices of travel with Hovertravel as shown on our website and product list and you will be advised of the current price of the travel with Hovertravel that you wish to book before your booking is confirmed. Hovertravel offer a number of products, these being:

• Standard Day & Period Returns (with or without attractions/combinations) & singles
• Travel Cards
• Season Cards
• Student & Teacher Tickets/Cards
• Commercial Travel (Company Cards/Tickets)
• Hoverbus tickets

4.2) Standard Day & Period Returns (with or without attractions / combinations) & singles are based on travel dates, time of departure and availability. Tickets only apply for the dates & time shown and are not transferable. Please note that travel restrictions apply throughout the year to a number of attractions and it’s the customer’s responsibility to check these dates in advance. Any bookings made in respect of any additional services and/or facilities or attractions are made on the customer’s behalf, with Hovertravel acting as agent, and the relevant service/facility provider shall be liable to you in respect of the booking for that facility/service. Please note that if you fail to print your booking confirmation for all elements of your booking, a fee of £5 will be charged for any printing or re-printing carried out on your behalf.

4.3) Travel Cards issued from 7th June 2010 are valid for 12 months from the date of purchase. Travel Cards are issued in the denominations of 20, 40, 100, and 250. All travel cards are not transferable and new purchasers must provide a passport sized photograph for our company records. Passengers travel choices are subject to availability and they should check in at least 5 minutes before their required crossing departure time. Season cards are issued for the exclusive use of the person named on the card.

4.4) Season Cards are available for 1, 3, 6 & 12 month periods. New purchasers must provide a passport sized photograph for our company records. Tickets issued from 7th June 2010 are valid for the period sold only and are not permitted to be extended for any reasons. When purchasing a season card, passengers are permitted to make a request for a selected crossing time for both their intended outward & return departure, these bookings on the selected crossings will be held on this crossing only until 5 minutes before departure. Travel is subject to availability on all other crossings. Season cards are issued for the exclusive use of the person named on the card.

4.5) Student & Teacher tickets/cards: Hovertravel offer a range of Student & Teacher products including Term Cards, Triple Term Cards, Travel Card 40 (refer to 4iii for terms and conditions) and Day Returns(refer to 4ii for terms and conditions) from Southsea or Ryde. Student & Teachers cards are not transferable. Student & Teacher applications must be accompanied by a letter from an education provider stating course dates or a letter on relevant headed paper confirming the applicant is employed by an educational institution. Day Returns are only available with a valid NUS card or proof of employment by an educational institution. The above cards are for the exclusive use of the person named on the card. The triple term card is valid for travel from 1st September - 31st July and is only available to be bought August, September & October. Term Cards are available for the three school terms as follows: 

• Term 1 is valid for travel 1st September 2011 (start date), October, November & December
• Term 2 is valid for travel 1st January 2012 (start date), February, March & April
• Term 3 is valid for travel 1st May (start date), June & July

4.6) Company Cards are available for purchase in 50 or 200 denominations. Issued in vouchers, these need to be exchanged for travel tickets at the time of travel, please allow 10 minutes before travel to process the exchange. All travel is subject to availability. All companies are required to request company cards with full payment on headed paper to our head office, or via email to info@hovertravel.com. Please allow 2 working days to process your request. Valid for travel 1 year from issue date.

4.7) Hoverbus Tickets are available for single journeys for the use on our coach operation in Portsmouth & Southsea, operated by Stagecoach. Valid for 1 year from the date of purchase. 

5. IF YOU WISH TO CANCEL, CHANGE or AMEND YOUR TRAVEL ARRANGEMENTS WITH HOVERTRAVEL

If you wish to amend, change or cancel your travel arrangements with Hovertravel the following procedures and charges will apply depending on the product / ticket you have purchased:

5.1) Standard Day & Period Returns (with / without attractions), the following charges will apply for any requests to cancel or change.

• No Refunds permitted, 100% cancellation charge
• No issued tickets for requested party size may be split after purchase for separate travel by the party. A new ticket must be purchased if the party wishes to then travel separately after issue & purchase.
• Lost or damaged tickets are non replaceable

5.2) Travel Cards, the following charges will apply upon surrender of any unused travelcards:

• 20 & 40 travel cards: no refunds, no changes permitted & non transferable.
• 100 & 250 travel cards: 75% refunded of unused journeys.
• Lost or damaged cards may be re-issued at a £10 admin fee per card per issue.

5.3) Season Cards, the following charges apply for all requests for season card early surrender or cancellation:

• The remaining full calendar months will be refunded less one month.
• Lost or damaged cards may be re-issued at a £10 admin charge per card per issue

5.4) Student & Teacher Tickets/Cards: the following charges apply for all requests for student & teacher applications

5.5) Company Cards, the following charges apply for all requests for unused company cards:

• Student & Teacher Day Returns – refer to section 5i, same terms and conditions apply
• Travel Card 40 – no refunds,  no changes permitted & non transferable
• Term Cards – no refunds,  no changes permitted & non transferable
• Triple Term Cards – The remaining full calendar months will be refunded less one month. Lost or damaged cards may be re-issued at a £10 admin charge.

5.6) HoverBus Tickets, the following charges apply for unused HoverBus tickets

• No Refunds permitted
• Lost tickets are not replaceable

5.7) Refund Policy,all refunds issued by Hovertravel will be issued in the form of Hover Vouchers to the value of the refund. These vouchers are permitted to be used to purchase any product of Hovertravel and are valid for 1 year from issue date. Please note we do not issue any refunds in the form of credit notes, cash or cheques. These vouchers are not transferable and have no cash refund value. All season and travel cards will only be considered whilst the card is valid and no refunds will be considered once the card has expired.

5.8) Gift Cards & Souvenirs, no refunds or exchange permitted.

• Special arrangements are available for Season Card holders who fail to show their valid card.  On production of ID and card holder details at our cashier offices only, a valid travel ticket will be issued and a non-refundable charge of £2 levied. Child academic card holders are exempt from this fee and may travel on production of ID and academic season card holder details.   

6. GROUP TRAVEL

Hovertravel offer a group travel department, offering special rates for 15+ more travelling. Full details from info@hovertravel.com.

6.1 Payment for group travel: 10% is due at time of booking, balance due 14 days in advance of travel either by bank transfer, cash or credit / debit cards.

6.2 Changes are permitted to group reservations up to 48hrs prior to departure at no charge

6.3 Cancellations - up to 14 days prior to travel 10% of overall booking value. 14-3 days prior is 50% of overall booking value and 0-2 days 100% 

7. SURCHARGES

Hovertravel Limited set its prices for travel many months in advance, based on a fuel purchase rate linked to the price of Oil (Brent Crude). If the cost of fuel increases it will be necessary to add a surcharge to all current rates as advertised, this will be for all new travel purchases. The surcharge rate will be calculated as follows:

Level 1	Brent Crude (barrel)  under $75per barrel	no surcharge
Level 2	Brent Crude (barrel) $75-$85 per barrel	25p per crossing
Level 3	Brent Crude (barrel) $86-$95 per barrel	50p per crossing
Level 4	Brent Crude (barrel) $96-$115 per barrel	75p per crossing
Level 5	Brent Crude (barrel) $116-$135 per barrel	£1 per crossing
Level 6	Brent Crude (barrel) $136+ per barrel	£1.25p per crossing

All pre-paid & purchased tickets for travel, including travel cards, season cards, groups (only if paid in full); company cards are protected against all surcharges.

8. YOUR JOURNEY WITH HOVERTRAVEL LIMITED

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, do not make the journey by the advertised, or the normal or shortest route.
 
We may need to cancel or make alterations to a journey due to 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. Time shown in timetables or elsewhere is not guaranteed and forms no part of this contract.  Schedules & prices are subject to change without notice and we shall have no liability in respect of you making any connections or any onward journeys.
 
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 Booking Terms and 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:

• your fault or that of any person travelling with you; or
• 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 you where such act or omissions is unforeseeable or unavoidable by us; or
• 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

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 the Goods 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.
 
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.

9. PETS
Dogs may board the Craft or Vehicle 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 of the Craft.  Any Owner/carer who does not abide by this rule may be charged £100 by Hovertravel, to deal with the costs involved in clearing such foul/mess.

10. FORCE MAJEURE
Except where otherwise expressly stated in these Booking Terms and Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature, as a result of ‘force majeure’. In these Booking Terms and Conditions, ‘force majeure’ means any event which we or the supplier of the service(s) in question could not, even with all due care and attention, foresee or avoid, and which are outside of our (or their) reasonable control. Such events may include (but are not limited to) actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

11. CHECK-IN
Remember, departure timings in our brochures and on our website are for guidance only and are subject to change. The times quoted on your documentation are local times. All passengers must check in at least 10 minutes before the latest departure time advised by us regardless of any delay, or any such other period notified to you by us. We cannot guarantee travel within 5mins before scheduled departure.

There are a number of reasons for which you could be refused boarding or entry:

1. If you arrive late for the specified check-in time. We accept no responsibility should you be unable to board the Craft for any reason. Your ticket is not transferable and subject to the terms as detailed in these Booking Terms and Conditions.
2. If in the opinion of a person in authority you appear to be unfit to travel or likely to cause discomfort or disturbance to other passengers our responsibility for your journey will immediately cease.

In any of the above circumstances we will not be responsible for any costs you may incur nor will we make any refunds to you in relation to these incidents.

12. SPECIAL REQUESTS
We will try to meet any special requests you tell us about at the time of booking but we cannot guarantee these. If we cannot meet your special request, we will not pay any compensation and will not have any liability. We will not always be able to tell you before you leave if we cannot meet your special requests.

13. INFANTS
No more than one infant (being a child under the age of 4 on the date of travel) per accompanying adult, parent or guardian may sit on their lap and may be allocated a seat if available. Children aged 4 or over must occupy their own seat and will be subject to the appropriate fare type. It is the accompanying adult’s responsibility to ensure that all minors are seated correctly for the journey.

14. UNACCOMPANIED MINORS
Children from 7 to 12 years of age are permitted for travel as an unaccompanied minor. Parents and Guardians are asked to ensure that they report for travel 15 minutes prior to scheduled departure time and identify themselves to the staff in the Terminal. In order for us to accept carriage, an adult, parent or guardian must already be present at the arriving port to take responsibility for the minor upon arrival. Hovertravel reserves the right to deny carriage if these terms are not met prior to departure. All unaccompanied minors are required to wear the required Hovertravel ID while on our Craft and within the Terminal buildings. This ID must be returned to staff on completion of the journey. 

15. SMOKING & ALCOHOL 
Smoking is not permitted within any passenger area or within our Craft or Vehicles. Outside designated smoking areas are provided.
No smoking is allowed in cabins or Terminal buildings. It is an offence to obstruct or disconnect any Fire / Smoke alarms on any Craft or Vehicle.

No alcohol may be brought on board for consumption on the Craft or Vehicle. We reserve the right, at our discretion, to confiscate without compensation any alcohol believed to be for this purpose. We reserve the right to confiscate any other alcohol being consumed on board the Craft without compensation.

16. SAFETY & SECURITY
You must pay attention to and comply with all regulations and notices relating to the safety and security of our Craft, the crew and passengers and the Terminal facilities. For these reasons, you must be prepared to allow, on request, a search of your person or luggage by any authorized person and to answer any questions. If you do not agree to any such request, you may not be allowed to board the Craft in that event, we will refund your money but we shall otherwise have no other liability to you.

Customers are required to be seated on the Craft when advised or requested to do so by the Master or any crew member, for any reason, and requested not to leave seat until the Craft has landed at its destination.

You are expected at all times to conduct yourself in a manner, which respects the health, comfort and safety of all other persons on board the Craft. You are also expected to comply with any reasonable request made by a member of our staff. If you do not, or if in our opinion your conduct is likely to give cause for concern, we reserve the right to refuse to allow you to embark or require that you disembark and/or leave the terminal facilities. Under such circumstances we will not refund any money that you have paid for the relevant journey and shall have no liability to you as a result of the cancellation of your travel.

The Captain or any other authorized person will refuse to take on board any Craft a person who in the Captains opinion may constitute a hazard either to the safety of the vessel or to the safety of the other persons on board the Craft, or who in the Captain's opinion, may be a nuisance or annoyance to other passengers.

17. CONDITIONS OF CARRIAGE

17.1) Baggage (accompanied)

In the interests of security, all passengers must accompany their baggage on the Craft on which they are travelling and ensure that no items are left unattended at any time. Hovertravel does not accept liability for left luggage and/or provide for left luggage facilities.

Each individual bag must not weigh more than 30kgs. Each passenger is allowed to carry 1 suitcase plus 1 carry on bag. Any item found to be over and above the limit will be liable for an additional fee or carried as cargo and subject to our cross Solent freight rates.

Hovertravel will have the right to inspect the contents of any parcel or package and will not be bound to receive or forward any parcels or packages the contents of which shall not be declared at the time of being tendered. Hovertravel reserves the right to require the unloading of the whole or any part of the load of any vehicle if in the opinion of Hovertravel's employees or agents it is necessary to do so in the interests of safety or convenience of handling and no liability is accepted by Hovertravel in such event.

Hovertravel reserves the right to refuse carriage.

17.2) Freight (unaccompanied)

The consignment note issued by Hovertravel shall not be taken to confirm the condition of the Goods or the correctness of the declared nature, quantity or weight of the consignment at the time it is received by Hovertravel.

You must ensure that each item is appropriately packaged and labelled with the full postal address, including the postcode (or local equivalent) of both you and the addressee. Each consignment must be accompanied at despatch by a fully completed despatch documentation in the form specified or provided by us.

Any item not correctly packaged, will be subject to a repacking fee of £15 per item.

Any item requiring amended from the original order will be subject to a £10 fee per change.

Each individual item must not exceed 40kgs subject to our staff being able to safely load the item onto the designated Craft.
Hovertravel reserves the right to refuse any Goods for carriage that are not deemed suitably packed or labelled. Hovertravel also reserves the right to inspect the contents of any package presented for carriage.

A surcharge of 15GBP/50kgs will be levied on all consignments irrespective collection or delivery.

No unaccompanied cash can be accepted for travel.

17.3) Collection of Goods

Hovertravel currently does not offer long-term storage facilities (Long-term being over and above 24hrs).

Any item that remains uncollected or unclaimed after 24hrs (from the date of travel) will be subject to a daily storage fee.  If the item remains in our facilities for a period of up to 4 weeks, then it may be removed and even destroyed with all associated costs transferred to the Shipper.

17.4) Delivery

Where Hovertravel undertakes to arrange collection or delivery of Goods, such arrangements will be made prior to acceptance for carriage.

Where Hovertravel attempts to deliver a consignment to the address shown or details provided by you, Hovertravel will not accept responsibility for its inability to complete a delivery due to incorrect or missing documentation and will be entitled to charge an additional delivery fee.

Delivery – As of the 1st October 2010, Hoverparcels will offer the following options for delivery on the Isle of Wight:

a) Same Day consignments must arrive to the Southsea Terminal Freight Office by no later than 1300 to ensure delivery the same working day by 1700hrs.

b) Next Day consignments delivered to Southsea later than 1300 and up to 1900, will be deemed a next day delivery and charged the appropriate fee. Next Day items will be with the addressee no later than 12:00pm the following day.

Isle of Wight delivery Zones – The Island is divided into 2 Zones for delivery and associated charges apply.

c) Zone 1 covers – Bembridge, Brading, Carisbrooke, East Cowes, Godshill, Newchurch, Newport, ParkHurst, Rookley, Ryde, Sandford, Sandown, Shanklin and all smaller locations within this area.

d) Zone 2 covers – Brighstone, Calbourne, Chale, Colwell, Cowes, Freshwater, Niton, Totland, Ventnor, Yarmouth and all other smaller locations within this area.

Hoverparcel Delivery Times – Mon-Sat: 0730-1700 // Sun: 0900-1700

18. FREIGHT CREDIT ACCOUNT
Hovertravel is able to offer credit facilities for cross Solent services, please contact info@hover-parcels.co.uk for an application form.

A minimum account usage is £1,000 per annum.
Payment is due within 30 days of invoice receipt. Outstanding or unpaid invoices are subject to a charge of 5% per calendar month overdue. Account facilities are subject to references.

19. LOSS AND DAMAGE TO GOODS

19.1) Baggage (accompanied):

If during the journey, your baggage is lost or damaged, you must advise a member of our staff on arrival. In the case of loss or damage of part of the consignment, the weight is to be taken into account whilst determining Hovertravel’s limit of liability it shall only be the actual weight of the package or packages concerned. Claims shall be subject to proof of value.

We cannot accept liability for claims that are made once you have left our premises or in the event of loss or damage to baggage which is not permitted for carriage. Please refer to Clause 25 with regards to our recommendations for travel insurance.

19.2) Freight (unaccompanied):

In the case of the loss or damage of part of the consignment, the weight is to be taken into account in determining Hovertravel’s limit of liability (being the actual weight of the package or packages concerned). Claims shall be subject to proof of value.
No action shall be maintained in the case of damage (including partial loss) to Goods unless a written notice, sufficiently describing the Goods concerned, the date of the damage and the details of the claim, is presented to an office of Hovertravel within (14) days from the date of receipt thereof, and in the case of loss (excluding partial loss but including non-delivery of consignment as a whole) unless such notice is presented within one hundred and twenty (120) days from the date of acceptance for travel.

Hovertravel shall in any event not be liable for any loss including from delay of a consequential nature or caused indirectly.

20. DANGEROUS GOODS 

20.1) Baggage (accompanied)

We do not accept dangerous Goods for carriage in passenger baggage including camping gas and any item that requires an external fuel supply such as but not limited to, chains saws, lawn mowers.

Goods of a dangerous nature to the carriage where Hovertravel has not consented with knowledge of their nature may at any time be unloaded, abandoned, discharged, destroyed, or otherwise disposed of by the Hovertravel without compensation, and without liability for all damages and expenses directly or indirectly arising out of or resulting from such shipment whether or not you had knowledge or should have had knowledge of the nature and character of the Goods at the time of the shipment.

20.2) Freight (unaccompanied)

For cargo purposes, please contact Hoverparcels direct on 01332 819203.

21. LIABILITY

21.1) Hovertravel Limited shall not be liable for any indirect or consequential loss suffered by you whatsoever

21.2) The liability of Hovertravel for death or personal injury resulting from negligence is not excluded or restricted, unless as set out in Clause 1, Clause 8 or this Clause 21 under the relevant Acts, regulations and/or conventions.

21.3) Hovertravel shall not be liable for loss, damage, non-delivery or delay attributable to:

1.  
   1. Non-delivery or misappropriation of the Goods where Hovertravel has complied with any special instructions by you as to delivery;
   2. Act of God;
   3. War hostile military action rebellion riot or civil commotion;
   4. Strike lockout or other industrial action;
   5. Any other act or omission of Hovertravel which is beyond the reasonable control of Hovertavel;
   6. orders of any competent public authority;
   7. Lack of or defective or inadequate packaging;
   8. Handling loading stowage or unloading of the Goods by you or the consignee : i) the nature of the Goods exposing them to total or partial loss or damage through breakage, rust, decay, desiccation, leakage, wastage, inherent or latent defect or vice or natural deterioration; ii) insufficiency or inadequacy of addressing labeling or other markings or information on the Goods; or
   9. Any other act or omission of you or consignee or any person for whom the consignee is responsible.

21.4) Hovertravel shall not be responsible for any loss damage or delay unless the customer notified Hovertravel in writing within 24hours of actual delivery.

21.5) Hovertravel draws attention to the right Hovertravel may have to in appropriate circumstances limit liability, whether under the provisions of statute or otherwise and nothing in these Booking Terms and Conditions is to be construed as a derogation of that right.

21.6) In accordance with The Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987, the Company gives the following notice:

1.  
   1. The provisions of the Athens Convention may be applicable;
   2. The Athens Convention in most cases limits the carrier's liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables;
   3. The Athens Convention presumes that luggage has been delivered undamaged, unless written notice is given to the carrier:
      1. In the case of apparent damage, before or at the time of disembarkation or re-delivery, or
      2. In the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or re-delivery or from the time when such re-delivery should have taken place.

21.7) You shall be liable for any loss, damage or delay to the goods and to the property of Hovertravel and of third parties and for personal injury or death to any persons wheresoever such damage is caused or inflicted by the Goods.

21.8) No employee agent independent contractor or sub-contractor of Hovertravel shall in any circumstances whatsoever be under any liability whatsoever to the customer for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment but without prejudice to the generality of the foregoing provisions of this clause, every exemption, limitation, condition, and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to Hovertravel or to which Hovertravel is entitled hereunder shall also be available and shall extend to protect every such servant or agent of Hovertravel acting as aforesaid and for the purpose of all the foregoing provisions of this clause Hovertravel is or shall be deemed to be acting as an agent or trustee on behalf of and for the benefit of all persons who are or might be its servants or agents from time to time (including independent contractors as aforesaid).

22. WARRANTIES & INDEMNITIES

22.1) Customers entering into transactions of any kind with Hovertravel expressly warrant that they are either the owners or the authorized agents of the owners of any Goods to which the transaction relates and further warrant that they are authorized to accept and are accepting these conditions not only for themselves, but also as agents for and on behalf of all other persons who are or may thereafter become interested in the Goods.

22.2) Customers shall pay to Hovertravel the amount required to indemnify Hovertravel against any claim arising out of the custody or carriage of the Goods in pursuance of or in connection with these Booking Terms and Conditions by any person or entity having an interest in the Goods and any costs and expenses associated with such a claim.

23. SUB-CONTRACTORS

23.1) Hovertravel shall be entitled to employ or contract with carriers or persons for any purpose of or incidental to the collection, carriage, loading, discharge, storage and warehousing, custody or delivery of the Goods or in connection with any of its services. In so doing, Hovertravel shall be deemed agents for the customers.

23.2) Where a customer booking includes the carriage of Goods or the travel of passengers by road or rail then that part of the journey (provided it is not undertaken by Hovertravel) shall be subject to the relevant carrier's terms and conditions and other relevant applicable laws, copies of which are available on request.

24. COMPLAINTS
Please take careful note of our complaints' procedures as it is absolutely essential that if you do have a complaint you accurately follow the procedures set out in this paragraph. These procedures are designed to allow any difficulties to be solved as efficiently as possible, and if you do not follow them we may be unable to consider any complaint made after the end of your travel arrangements. You must first report any problem to Hovertravel staff either directly in person at the time a complaint arises. This means that any problems can be looked into straight away and put right there and then, to the satisfaction of all concerned. In the unlikely event that the problem cannot be remedied, you must then email / forward a letter to our offices to advise us of the situation upon concluding your journey and in any event within 28 days of the date of your journey. The matter will then be investigated and responded to within 28 days of receipt of the letter/email. If sending any valued travel vouchers, season cards etc these must be either sent register post or delivery in person at the cashier’s office and a receipt of acceptance issued by our staff.

25. TRAVEL INSURANCE
You must have adequate insurance cover suitable for your travel arrangements and your particular needs (including any transport of Goods) and which provides cover for the cost of cancellation by you, a 24-hour emergency and repatriation service in the event of accident or illness, loss of luggage or Goods, delay and curtailment cover plus loss of personal items and cash. Experience has taught us that the overwhelming majority of our customers either already have year-round policies or prefer taking out their own. We, therefore, no longer automatically offer this facility and strongly recommend that you arrange cover yourself. Hovertravel cannot be held responsible for any liability, expenses or losses you may incur as a result of having inadequate travel insurance.

26. WEBSITE/ADVERTISING MATERIALS ACCURACY
We work extremely hard to ensure that everything you read in our advertising materials or on our website are as accurate and up-to-date as possible. However, it is possible that certain advertised facilities may be withdrawn as a result of decisions outside our control such as adverse weather or failure of transportation facilities. We do not accept liability if facilities are withdrawn for reasons beyond our control.

27. BEHAVIOUR
You must accept responsibility for the proper conduct of you and your party. In cases of serious misconduct we reserve the right to terminate your contract with us for travel arrangements and if we do so we shall have no further responsibility to you. Such action can also be taken by the Police, or maritime authorities. If you cause delay or diversion to the Craft, you agree to indemnify us against any claim including costs made against us.

28. DATA PROTECTION
Please be assured that we have measures in place to protect the personal booking information held by us. This will be passed on to the principal and the relevant suppliers of your travel arrangements and retained by us as required in order to provide you with the services under our contract with you. It may also be provided to public authorities, such as customs or immigration officials, if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information you give us, such as details of disabilities and dietary/religious requirements. If we cannot pass this information to relevant suppliers, whether in the EEA or not, then we are unable to complete your booking. By making this booking, you consent to this information being passed on to the relevant person(s). We will hold your information and may use it to inform you of offers in the future or send you brochures. If you do not wish to receive any further information please let us know at time of booking or by letter. You are entitled to a copy of your information held by us. If you would like to see this, please ask us (we may make a small charge of £10 for providing this to you). Full details of our Privacy Policy are available on request. 

29. PASSENGERS WITH SPECIFIC REQUIREMENTS

FOR PASSENGERS WHO ARE DISABLED OR HAVE REDUCED MOBILITY (PRM) DUE TO A PHYSICAL, COGNITIVE (learning) DISABILITY OR ANY PHYSICAL IMPAIRMENT, AS DEFINED BY CURRENT EUROPEAN LAW.
It is a requirement that you notify Hovertravel of your access needs at time of booking and arrive at least 30mins hours prior to departure of your crossing. This is because we need to relay your assistance request to our Team to provide you with the assistance you require. If you do not provide this notice, the assistance may not be available and your travel plans may be disrupted.

29.1) ARRIVING AT THE TERMINAL AND REQUESTING ASSISTANCE

Passengers requiring assistance are responsible for allowing enough time to complete all the necessary processes and procedures. If you fail to reach the boarding area in time, you may forfeit your right to travel. The following information is for advice only.
In addition to this advice, you should allow additional time if you are travelling at peak or busy times, such as festivals and peak rush hour.
When groups of people are travelling together, any passenger who requires assistance may be separated from those passengers who do not require assistance. Any options available should be discussed with our staff at the time of travel. When requested, every effort will be made to allow at least 1 person to stay with the assisted passenger whenever possible. However, this will be determined by local conditions at the time of travel and if a carer is required.

29.2) IF YOU ARE INTENDING TO TRAVEL UNACCOMPANIED

Current legislation states that an operator can refuse to take a reservation from or to carry any person, if the safety and welfare of that person or other passengers may be compromised. If you are intending to travel unaccompanied you must meet the following criteria, otherwise someone must accompany you who can look after your needs. This is to ensure that your safety, welfare and needs can be met during your journey.
You must be self-reliant in emergency and evacuation situations. In reality, this means that you should be able to fit your own lifejacket and make your own way to your nearest emergency exit unaided. This is because our crew will not be able to concentrate their efforts on individual passengers in emergency situations.
You must be able to understand and react positively to instruction from our staff.
You must be able to take care of your own potential personal needs and welfare during your journey.
The boarding sequence for all passengers, including assisted passengers, will be determined by local conditions at the time of travel. The minimum levels of assistance for reduced mobility passengers is a wheelchair push and carry on/off service. We cannot guarantee that any particular item of equipment is used in providing you with assistance to navigate the terminal or to access the Craft.

29.3) WHEN ASSISTANCE CANNOT BE OFFERED

You may not request assistance just because you are carrying a lot of baggage, or if you need help with looking after children. If you need help with any of these, you must ensure there are enough people in your travelling party who can assist you.
Wheelchairs and mobility aids weighing more than 40kgs (excluding battery) can be accepted for travel provided they can be collapsed into separate parts weighing less than 40kg each. This is to protect the health and safety of our workforce. If the mobility aid weighs more than 40kg (excluding battery) you will need to inform us, at least 2 days in advance via our contact centre, of the total weight of their mobility aid and also bring the operating instructions with them to the Terminal. If the mobility aid cannot be collapsed into separate parts weighing less than 40kg (excluding battery) then it will not be accepted for travel. This is to comply with weight and size limitations in and around our Craft and health and safety regulations that protect our staff. The batteries must be of the dry or gel, non- spillable, sealed type and they must be disconnected safely, before it is loaded onto the Craft.
PLEASE NOTE THAT HOVERTRAVEL DOES NOT ACCEPT MOBILITY SCOOTERS, due to the inability to allow access or storage of a mobility scooter on the Craft.

29.4) TAKE OUT ADEQUATE INSURANCE COVER FOR YOUR WHEELCHAIR OR MOBILITY AID

Hovertravel’s liability for damage is limited. Most non-collapsible wheelchairs and mobility aids were not designed to be portable and therefore are unsuitable. Because of this, Hovertravel’s liability to pay compensation is limited and may mean that in the rare event that any damage or loss occurs to your wheelchair, you will not be compensated for the full value of your mobility aid. We strongly recommend that you arrange your own adequate insurance cover for your mobility aid.

29.5) SEATING ONBOARD

When onboard the Craft, certain safety regulations need to be met. If your mobility, or your ability to communicate with the crew, either verbally or visually is significantly reduced, or if you have requested any assistance to reach your Craft, you will not be allowed to sit in a seat near or adjacent to, an emergency exit. Hovertravel is also unable to guarantee that groups of passengers will be seated together. Priority will be given to the needs of individual disabled and PRM passengers.

29.6) ASSISTANCE ONBOARD

Our cabin crew can offer assistance once onboard our Craft. For example, stowing and retrieving of hand baggage, subject to any applicable health and safety restrictions. They can provide a verbal explanation of the safety card information and location of emergency exits. They can help with opening food packages and describing the contents.

29.7) WHAT WE CAN’T HELP YOU WITH ONBOARD

The crew cannot assist you with any of the following: manual lifting, any personal care, administering medication, feeding or assistance with children. If you need help with any of these tasks, you must be accompanied by someone who can assist you.

29.8) GUIDE and ASSISTANCE DOGS

Guide and assistance dogs will only be considered for travel by Hovertravel provided they have been trained by a recognised training organisation. Dogs will only be permitted to travel if the passenger is in possession of official documentation confirming that the dog is a fully trained guide or assistance dog or is under the control of a verified trainer.
We will accept the dog’s identity tag attached to the dogs official working harness and the identity card of the owner. If the dog is in training we will require an official letter from the training organisation confirming this.
The assistance dog must wear a standard identifying jacket/harness at all times while working. This can be changed for a standard safety harness once onboard the Craft and must be used to secure the dog whenever the Craft is in motion. Safety harnesses are to be supplied by the handler.

The dog will occupy the space at the feet of the passenger. We recommend that you present yourself at the terminal no later than 30 minutes before your scheduled time of departure.

29.9) DEAF PASSENGERS

Passengers who are deaf should notify us in line with our requirements, regardless of whether you require assistance. This information is required to satisfy our safety obligations and so that a record can be placed alongside the flight records. Additionally, you should identify yourselves to a crew member on entering the Craft so that they can explain our safety procedures.

30) HARD OF HEARING PASSENGERS

If you are hard of hearing but use a corrective device that is fully working throughout your journey and it enables you to hear clearly, understand and act positively to instructions from crew members, you will do not need to notify us of your reduced hearing.

30.1) BLIND OR PARTIALLY SIGHTED PASSENGERS

Passengers who are blind or partially sighted should notify us in line with our requirements, regardless of whether you require assistance. This information is required to satisfy our safety obligations and a record can be placed alongside the journey records. Additionally, you should identify yourselves to a crew member on entering the Craft so that they can explain our safety procedures. Seating for blind or partially sighted people is also restricted.

30.2) EMERGENCY SITUATIONS

In an emergency situation, Hovertravel’s Crews’ efforts will be directed at all passengers and they will not be able to concentrate their efforts and time on any one individual or small group of individuals. Your safety is paramount to us and if you need individual help in an emergency situation, you will need to travel with a companion who can look after your welfare.