Booking Terms & Conditions
When you make a Booking with Hovertravel 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. Any variations to these Booking Terms and Conditions once incorporated into a Booking shall only be valid if they are made pursuant to clause 28.5 below.
Notwithstanding the above, Hovertravel reserves the right to update these Booking Terms and Conditions from time to time. These Booking Terms and Conditions were last updated on 22nd December 2021.
01. Your Contract
03. Making Your Reservation with Hovertravel
04. Products & Additional Terms
05. Pricing & Refunds
06. Group Travel
07. Changes to Your Journey
09. Force Majeure
10. Check-in and Boarding Refusal
11. Special Requests
13. Unaccompanied Minors
14. Code of Conduct
15. Safety and Security
16. Conditions of carriage – Baggage
17. Loss and Damage to Items
18. Dangerous Goods
22. Travel Insurance
23. Website/Advertising Materials Accuracy
25. Data Protection
26. Passengers with Specific Requirements
27. EU Legislation 28. Other Important Terms
1.0 YOUR CONTRACT
The contract for your travel arrangements (as confirmed at the time of making your Booking) is with Hovertravel Limited (company registered number: 00830401), whose registered office is at Encombe House, Estate Office, Corfe Castle, Wareham, Dorset, BH20 5LW (“Hovertravel” “we” “us” “our”) including any organisation who takes over the business, and where appropriate our employees, agents, independent contractors and sub-contractors.
Your Booking and these Booking Terms and Conditions are subject to the laws of England and Wales and any dispute or claim under it will be submitted to the exclusive jurisdiction of the English courts.
Hovertravel are not a 'common carrier' (someone who must take any passenger who offers the right fare), so Hovertravel can refuse to carry you, your baggage, any member of your party or any Goods (as defined below).
If we arrange for someone else to provide other facilities (such as the Hoverbus (operated by Stagecoach)), meals, festival & event tickets, admission tickets, visits to attractions and so on), we do so as your agent and you must comply with any conditions that the supplier of those facilities or services impose on you. In such circumstances, we only make such arrangements available 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.
In these Booking Terms and Conditions, the words and phrases which follow have the meanings shown next to them.
“Booking” shall have the meaning in clause 3.1 below.
“Carrier” means Hovertravel, 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.
“Dangerous Goods List” the dangerous goods list as detailed in the International Maritime Dangerous Goods Code, a copy of which can be made available at the Terminals and a summary of which is annexed to these Terms and Conditions.
“Exemption” shall have the meaning in clause 7.3.
“Force Majeure Event” 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, pandemic, epidemic, government action, fire and all similar events outside our control.
“Goods” means cargo, property, baggage, live animals (if approved by us), and other goods (unless the law states otherwise).
“Infant” shall mean a child under the age of 5 at the date of travel.
“Journey” travel from the departure destination to the arrival destination as described on your booking confirmation/ticket.
“Products” shall mean those products set out in clause 4.
“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.
“Terminals” the Hovertravel terminals located in Ryde & Southsea (each a “Terminal”).
“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.
“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.
3.0 MAKING YOUR RESERVATION WITH HOVERTRAVEL
3.1) Once we have accepted your request for a Product at our Terminals, electronically (via our website, App, telephone or email) or in writing and issue our booking confirmation reference number or travel ticket, or we accept your request for Product(s) via your travel agent or other third party authorised by you, a contract comes into existence between us and you in relation to the Product(s) you have purchased, incorporating these Booking Terms and Conditions, each Journey you book is known as a “Booking”.
3.2) Apart from direct debit payments, (where payment terms set out herein must be adhered to), when booking groups of 8+ fare paying passengers (where our group payment terms set out herein apply), or where account facilities are held, full payment is required at the point of purchasing your Product.
3.3) Payment is accepted by cash, credit card, debit card and valid gift-vouchers at cashiers located at a Terminal or through the website or the app.
3.4) If we do not receive monies due to us by their due dates (as set out in these Booking Terms and Conditions or notified to you), we reserve the right to treat your Booking as cancelled and levy any applicable cancellation charges in accordance with these Booking Terms and Conditions.
3.5) Please note that you will not receive a reminder that any final payment is due and it is your responsibility to ensure that payment is received by us in clear funds by the due date for payment.
3.6) When you use a company credit card to make a purchase with us, we reserve the right to levy a charge equivalent to the cost of processing payments made by credit card, depending on the credit card you choose to pay with.
3.7) If your travel arrangements are booked via National Rail, National Express, or another third party and your travel involves Hovertravel, please be aware that the third party’s terms and conditions of payment are applicable to your Booking, as they are the principal. However, these Booking Terms and Conditions apply for the purposes of how we provide our services to you, what is required from you when using our services and what we are responsible for when you travel with us.
3.8) A direct debit payment method is only permitted for yearly Season Cards and Academic Cards. Direct debit payments are spilt across 12 months for yearly Season Cards, and 11 months for Academic Cards, with the first payment being paid by cash or credit or debit card and then the remaining balance by equal direct debit payments. If any direct debit payments are returned ‘unpaid’ the Season Card/Academic Card will be suspended for use until payment is received in cleared funds for all outstanding payments due. You will not be entitled to a refund in respect of the suspended travel period where you could not use your Season Card/Academic Card as a result of non-payment. Cancellation of a Season Card/Academic Card direct debit will result in Hovertravel being entitled to cancel your Product in accordance with Clause 5.3.
3.9) If we are unable to accept your booking request, we will inform you of this and will not charge you for the Product. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product.
4.0 PRODUCTS AND ADDITIONAL TERMS
4.1)The following Products are available for purchase by you. Where you purchase such Products, the additional terms, eligibility requirements, refund policy and descriptions will apply to that Product:
Standard Day & Period Returns (with or without attractions / combinations) & Singles
Product Description: single or return tickets
Eligibility: no requirements
Transferable: non-transferable to other passengers
Product Description: Season cards for unlimited use for agreed periods. Season cards are available for 1, 3, 6 & 12 month periods.
Eligibility: New customers must provide a passport sized photograph for our records or a photograph can be taken via webcam in our Terminals prior to use, this will be used on your Season Card for identification purposes.
Transferable: non-transferrable and Season Cards are for the exclusive use of the person named on the Season Card only.
In order to cancel a Season Card, you must provide Hovertravel at least 1 months notice of such intention in writing.
Where you have paid for your season card in full, Hovertravel shall provide you with a pro rata refund for monies paid in advance but not used from the expiration of the 1 month notice period.
Product Description: cards issued in the denominations of 10, 20, 40, 100 and 250 single journeys.
Eligibility: New customers must provide a passport sized photograph for our records or a photograph can be taken via webcam in our Terminals prior to use, this will be used on your flexi card for identification purposes.
Transferable: Flexi Cards are non-transferrable and are issued for the exclusive use of the person named on the card.
The following charges will apply upon surrender of any unused Flexi Cards:
· 10, 20 & 40 Flexi Cards: no refunds, no changes permitted and non-transferable.
· 100 & 250 Flexi Cards: 50% of unused journeys will be refunded, provided that no refunds are permitted in last month of the Flexi Card’s validity.
Product Description: Hovertravel offer a range of Academic Card products including academic one month, 3 month, 6 month and 12 month seasons cards (“Academic Season Cards”) and Academic 10, 20 and 40 flexi cards (“Academic Flexi Cards”) together (“Academic Cards”).
Eligibility: Academic Cards are available to students, teachers, lecturers, apprentices, work placements and for persons travelling for company training courses. Academic Card applications must be accompanied by appropriate proof of entitlement and photo ID. For proof of entitlement, we accept: i) 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; ii) confirmation of teacher/lecturer employment on headed paper; iii) Company confirmation on headed paper of short term training course; iv) NYS, UCAS, NUS extra cards (for apprentices), College/Uni IR cards; or v) Job Centre, confirmation of work placement/experience.
Transferable: Academic Cards are for the exclusive use of the person named on the Academic Card only.
The following charges apply for all requests for academic applications:
Product Description: Company Tickets are available for purchase in 50 or 200 denominations. Issued as paper vouchers and/or single use codes.
Eligibility: All companies are required to request company tickets with full payment on headed paper or email (as authorised by Hovertravel) to firstname.lastname@example.org. Please allow 2 working days to process your request.
Transferable: company tickets to be used by individuals on behalf of the company.
Refunds/returns: non-transferrable and unless agreed otherwise with Hovertravel are non-refundable.
Single Use codes
Product Description: Tickets/codes are available for purchase in denominations requested by the customer and approved by Hovertravel and issued as single use codes.
Eligibility: no requirements.
Transferable: can be used by yourself, family or friends.
Refunds/returns: unless agreed otherwise with Hovertravel are non-refundable.
Product Description: Tickets are available for single journeys for use on our coach operation in Portsmouth & Southsea, operated by Stagecoach
Eligibility: no requirements
Refunds/returns: No refunds. Lost tickets are not replaceable.
5.0 PRICING & REFUNDS
5.1) The prices of our Products are as listed on our website and current product list (full details are available from the cashiers office at the Terminals) at the point of purchase and the price for the Products you purchase when making a Booking will be as detailed on your booking confirmation/ticket. We reserve the right to update our prices as shown on our website and product list from time to time and you will be advised of the current price of the Product(s) that you wish to purchase before your Booking is confirmed.
5.2) All refunds issued by Hovertravel will be effected by making payment in the original form that payment was made (for example, refunding on the credit card used to make the initial payment). Please note we do not issue any refunds in the form of credit notes or cheques.
- We may cancel your purchase of a Product any time and will not provide a refund, if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to fulfil our obligations;
- you breach clause 14.
- We reserve the right to amend our Product offerings at any time. Where we amend a Product, we will let you know as soon as is reasonably practicable of such amendment. In the event we amend the Product, you can decide whether to proceed with the amended Product or if you no longer want to proceed with the Product you can cancel the agreement and receive a full refund but this will be the extent of our liability to you.
- We reserve the right to withdraw our Product offerings at any time. Where we withdraw a Product, we will let you know as soon as is reasonably practicable (and in any event within 7 days prior to the withdrawal) of such withdrawal. In the event we withdraw a Product we will refund any sums you have paid in advance for Product(s) not used on a pro rata basis, but this will be the extent of our liability to you.
6.0 GROUP TRAVEL
We have a group travel department and offer special rates for 8+ more fare paying passengers travelling. Full details are available by emailing email@example.com. The following terms are applicable to group bookings:
6.1) Payment for group travel: 10% is due at time of making your Booking with the balance due 14 days in advance of the date of outbound travel.
6.2) Changes are permitted to group reservations up to 48hrs prior to outbound travel at no charge. Thereafter, no further change can be made to your Booking.
6.3) Cancellation charges apply as follows depending on when notification of the cancellation is given:–
- more than 14 days prior to outbound travel, 10% of overall Booking value is payable as a cancellation fee.
- 3-14 days prior to outbound travel, 50% of the overall Booking value is payable as a cancellation fee.
0-2 days prior to outbound travel, 100% of the overall Booking is payable as a cancellation fee.
7.0 CHANGES TO YOUR JOURNEY
7.1) Our Commitment
We will do all we reasonably can to transport you and your Goods on the scheduled Journey at the advertised time. You acknowledge that operating a Craft is subject to weather issues (particularly tides and sea activity) and operating Vehicles may also be subject to issues caused by other traffic, or circumstances that we have no control over.
We may need to cancel or make alterations to a Journey route/path or 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; replace the Craft or Vehicle with a different Craft or Vehicle; or transfer you or your Goods to another Craft or Vehicle. We may also need to reduce capacity on our Craft or run with limited access to amenities and facilities. This may result in us being required to limit access in certain circumstances to the Craft and may have the effect of preventing you from bringing your Goods on board the Craft. Our Craft may also have to go to help others during your Journey. Time shown in timetables or elsewhere is an estimate only and is not guaranteed and does not form part of this contract. Schedules are subject to change without notice.
Other than as expressly set out in these Booking Terms and Conditions or otherwise permitted by law, we shall have no liability to you in respect of any loss, inconvenience or damage you suffer as a result of changes we make and this shall include any indirect losses, such as any loss you suffer in relation to making any connections or any onward journeys.
We will not be responsible for any loss, damage or inconvenience you suffer, if despite our 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 time, or do not go by the normal or shortest route.
7.2) Delays to your journey and cancellation
If we anticipate there will be a delay to your Journey, we will advise you as soon as we can and notify you of the new estimated departure and arrival time.
Where we are delayed or are otherwise unable to provide our service in relation to a Journey you have booked, we may at our discretion offer you the opportunity transfer your Booking to a third party travel provider, at no additional charge to you to enable you to travel to your required destination. We do not provide any endorsement or recommendations in relation to the third party travel providers. Where you agree to such transfer, you acknowledge and agree that:
- these Booking Terms and Conditions will cease to apply to your Booking and the terms and conditions of the third party travel provider (a copy or the location of which shall be made available to you), shall apply in respect of your Journey;
- such agreement to transfer has not been reached based on any representations or warranties made by Hovertravel in respect of the third party provider;
- We shall have no liability whatsoever, for any loss you suffer as a result of your Journey with the third party travel provider, and we do not owe you a duty of care in relation to such Journey;
- We shall have no liability to you whatsoever, in respect of any loss you suffer as a result of your Journey being provided by a third party travel provider, and you acknowledge that, there will be a difference in relation to the service you are to receive, for example the arrivals and departure location.
Where we expect your Journey to be delayed by more than 90 minutes, we will offer you the choice of:
- re-routing at the earliest opportunity at no additional cost; or
- reimbursement of the ticket price (limited to the unused portion of your ticket and less the value attributed to any attraction ticket that has been used), and if the cancelled service is your return Journey, a free of charge return service to your first departure point.
Re-imbursement will be affected by making payment in the original form that payment was made (for example, refunding on the credit card used to make the initial payment).
In addition to your right to choose to be re-routed or reimbursed (where such right applies) and unless an Exemption (defined below) applies, we will pay you the following compensation (less a reasonable administrative charge):
- if your Journey is delayed by more 60 minutes, we will pay you compensation to the value of 25% of the ticket price attributable to that Journey; or
- if your Journey is delayed by more than 120 minutes, we will pay you compensation to the value of 50% of the ticket price attributable to that Journey.
If your delay is caused by weather conditions endangering the safe operation of the Craft or extraordinary circumstances hindering the performance of the service which are outside our reasonable control and could not have been avoided even if all reasonable measures had been taken, then we are not required to pay you compensation (each an “Exemption”).
Please also note that for tickets issued by third parties such as National Express and National Rail, you will need to contact the relevant third party for information regarding any compensation or liability and we shall have no responsibility or liability in that regard.
Dogs and other pets may board the Craft or Vehicle and must sit on the floor or be transported in a pet carrier, however, we reserve the right to refuse any pets travelling on board the Craft or Vehicle, at our discretion, therefore we recommend that you check with us prior to the commencement of your Journey. If any pet should foul in the Terminal or on board the Craft the owner/carer is responsible to clear this up and inform a member of staff of the Craft. Any owner/carer who does not abide by this rule may be charged a clean up or delay fee by Hovertravel, to deal with the costs involved in clearing such foul/mess and to take into account any delay in the service which could range between £100-£500, depending upon the severity.
9.0 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 a Force Majeure Event.
We reserve the right to suspend the provision of our obligations under our contract with you in the event of a Force Majeure Event.
10.0 CHECK-IN AND BOARDING REFUSAL
Departure timings on our website or displayed in our Terminals or advertising materials 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 you will be accepted for travel if you check in less than 5 minutes prior to the scheduled departure. No tickets will be sold 3 minutes before the scheduled departure. The boarding gate will close 2 minutes prior to the scheduled departure with the Hovercraft doors closed 1 minute prior to the scheduled departure to ensure an on-time departure for our services.
There are a number of reasons for which you could be refused boarding or entry upon arrival this include:
- If you arrive late for the specified check-in time. We accept no responsibility should you be unable to board the Craft for this reason. Your ticket is not transferable to an alternative date. However, we will endeavor to transfer you to the nearest available service on the ticketed date subject to space being available.
- If in our reasonable opinion you do not comply with our Code of Conduct at clause 14 or you appear to be unfit to travel
- You fail to present a valid ticket or information that has been expressly requested by us.
If any of the above circumstances apply, we will not be responsible for any costs you may incur nor will we make any refunds to you for Journeys you have been unable to travel on.
We will try to meet any special requests you tell us about at the time of making your Booking but we cannot guarantee this. If we cannot meet your special request, we will not pay any compensation and will not have any liability to you in respect of these. We will not always be able to tell you before you leave if we cannot meet your special requests.
There is no charge for Infants travelling on our Crafts. Infants travelling will be accepted at the maximum ratio of two Infants per adult. Any Infant above this figure will be carried at the applicable child fare.
No more than one Infant 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 and the accompanying adult will be responsible for the minor throughout the duration of the Journey.
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 and must confirm that they are responsible for the minor. 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.
14.0 CODE OF CONDUCT
14.1) Smoking or the use of E-cigarettes is not permitted within any passenger area or within our Craft or Vehicles. It is an offence to obstruct or disconnect any fire/smoke alarms on any Craft or Vehicle.
14.2) 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, cigarettes or E-cigarettes believed to be for this purpose.
14.3) When you book with us you accept responsibility for the proper conduct of you and your party. You shall not and shall procure that no member of your party, shall not:
- cause or are likely to cause discomfort, nuisance or disturbance to other passengers or our staff;
- behave in a threatening, offensive or aggressive manner towards other passengers or our staff;
- be intoxicated or under the influence of drugs or fail to comply with clauses 14.1 and 14.2 above;
- in our reasonable opinion, present a safety risk or fail to adhere to our safety guidelines or comply with the provisions in clause 15;
- fail to present a valid booking confirmation or ticket for your Journey.
14.4) Where you fail to adhere to clause 14.3, we reserve the right to (at our discretion):
- suspend use of your Product;
- terminate your use of a Product
- Cancel your Booking;
- Cancel the Journey of any member of your party, due to misconduct or your behaviour or that of your party.
Where we take action under this clause 14.4, we will not refund any monies paid in advance for Products not used.
14.5) where clause 14.3 applies we reserve the right to pass your name and address to a police officer or other authority as we deem necessary.
15.0 SAFETY & SECURITY
15.1) 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 authorised 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 you monies paid for the applicable Journey/Booking but we shall otherwise have no other liability to you.
15.2) 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.
15.3) 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 expected to be considerate of other passengers and their needs. 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, for compensation or otherwise.
15.4) The Captain or any other authorised person will refuse to take on board any Craft a person who in the Captain’s 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.
16.0 CONDITIONS OF CARRIAGE – BAGGAGE
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 excess luggage fee per item and subject to our cross Solent freight rates. This is subject to Hovertravel’s discretion.
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 refuse carriage.
16.2) Collection of Goods
Hovertravel 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) including lost property 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 you.
17.0 LOSS AND DAMAGE TO GOODS
If during the Journey, your baggage and other Goods is lost or damaged, you must advise a member of our staff on arrival and complete a ‘Damage Report Form’. Your report will then be investigated and Hovertravel will respond within 28 days. Claims shall be subject to proof of value.
To the maximum extent permitted by law, Hovertravel’s liability for loss or damage to baggage (including contents) and other Goods cause by our acts or negligence shall in all circumstances and in every respect be limited to £50 per passenger ticket. We shall not be liable for any damage or loss of Goods as a result of an event outside of our control, such as bad weather.
We do not accept liability for claims that are made once you have left our premises or in the event of loss or damage to baggage or other Goods which is not permitted for carriage. Please refer to Clause 22 with regards to our recommendations for travel insurance. Any responsibility we have to your Goods ends as soon as your Goods are off the Craft safely. If for any reason, unless the cause is a fault on our part, your Goods are not disembarked at the end of the journey, your 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.
17.2) Lost Property
If you are aware that you may have lost any of your personal property or belongings while travelling and using Hovertravel facilities you must contact Hovertravel via firstname.lastname@example.org.
In the event your property or belongings are located, we will endeavor to contact you and any collection or delivery costs will be at your expense. Hovertravel cannot be responsible or liable for any loss or damage of Goods while being held as ‘lost property’.
Items found or handed in as lost property will be held if perishable goods for 24 hours and for all other items for 30 days and either disposed of or forwarded to charity.
17.3) Bike storage & carriage
Bikes stored at a Terminal or transported on our Craft are done so at the risk of the owner. Hovertravel is not liable for any loss or damage to bikes left on the premises or while being transported in the Craft. Transportation of a bike is subject to the owner providing the necessary security and packing to protect the bike while stored or transported in the Craft. Bikes are carried subject to space and on a first come first serve basis.
18.0 DANGEROUS GOODS, FIREARMS AND DANGEROUS WEAPONS
Hovertravel will not accept goods identified on our Dangerous Goods List for carriage. Passengers and freight customers are responsible for ensuring that no such items are taken on board. Hovertravel have the right to refuse to carry any items that have the potential to compromise the safety of the vessel or persons therein.
You shall ensure that all baggage or freight does not include any prohibited items identified on our Dangerous Goods List, each a “Dangerous Good”. Where such goods are identified we reserve the right to (at our discretion):
- Confiscate the Dangerous Goods;
- Refuse to permit you (and all members of your party) from continuing with your Journey (we will not provide a refund in these circumstances);
- Pass your details to the relevant authorities.
Licensed firearms may be carried subject to the following conditions:
- Customers are advised to inform Hovertravel in advance in order to avoid delays on the day of travel;
- The weapon must be declared to Hovertravel staff upon arrival by the license holder;
- The license must be available for inspection prior to travel;
- The weapon must contain no ammunition and no ammunition is to be carried on board the vessel;
- The weapon must be placed on board the vessel by a qualified crew member and stowed in an external locker;
- Hovertravel reserve the right to refuse carriage if the above conditions are not met;
- The Company accepts no liability for the transit damage due to the nature of loading.
We do not accept Dangerous Goods, firearms or dangerous weapons for carriage in passenger baggage or on their person, including flammable or explosive items such as camping gas or any item requiring an external fuel supply such as petrol-powered items.
Any items 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.
We may have the right to limit our liability for loss or damage to goods or people under the Merchant Shipping Act 1995, including in relation to the carriage of passengers and their luggage by sea. This Act sets upper limits on what we have to pay for death or personal injury to people who are not passengers and allows us to exclude 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, save that Article I rules (a),(c),(d), Article III rule 8, Article IV rules 3,5(a),(b),(f),(g) shall be deleted.
Hovertravel’s liability for loss or damage to or in connection with Goods shall in all circumstances and in every respect be limited to £50 (fifty pounds) per ticket covering arrangement for carriage of Goods. If Hovertravel issues a receipt for Goods, Hovertravel will treat it as if it were a bill of lading.
Legislation limiting our liability
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 or other Acts are available on request.
In accordance with The Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987, the Company gives the following notice:
- The provisions of the Athens Convention may be applicable;
- 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;
- The Athens Convention presumes that luggage has been delivered undamaged, unless written notice is given to the carrier:
- In the case of apparent damage, before or at the time of disembarkation or re-delivery, or
- 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.
Limitation of our liability under Booking Terms and Conditions
19.1) Hovertravel shall not be liable for any indirect or consequential loss suffered by you whatsoever, including (but not limited to), loss of profit or purely financial losses, loss of anticipated contracts or savings, loss of goodwill or reputation, loss or corruption of data or any other losses which were not foreseeable or anticipated at the time of entering into the contract with you.
19.2) Any responsibility we have to you ends as soon as you have disembarked the Craft safely.
19.3) The liability of Hovertravel for non-compliance with data protection law, death or personal injury resulting from negligence is not excluded or restricted, unless as set out in this Clause 19 or under relevant Acts, regulations and/or conventions or other policies or documents referred to in these Booking Terms and Conditions.
19.4) Subject to these Booking Terms and Conditions and/or any other rights under applicable laws, Hovertravel shall not be liable for loss, damage or expense of any nature, or any non-delivery or delay attributable to:
- non-delivery or misappropriation of the Goods where Hovertravel has complied with any special instructions by you as to delivery;
- an event of Force Majeure;
- any other act or omission of Hovertravel which is beyond the reasonable control of Hovertravel;
- orders of any competent public authority;
- lack of or defective or inadequate packaging;
- your fault or that of any person travelling with you;
- 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.
19.5) You shall be liable for any loss, damage or delay to any Goods, the property of Hovertravel and/or of any third parties and for personal injury or death to any persons where such damage is caused or inflicted by you (or the acts or omissions of those in your party) or your Goods.
19.6) Subject to this Clause 19, nothing in these Booking Terms and Conditions seeks to limit or exclude our liability for any death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or any other liability that we cannot limit or exclude under applicable laws.
20.1) 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 any Goods or in connection with any of its services. In so doing, Hovertravel shall be deemed agents for you.
20.2) Where your 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.
20.3) Stagecoach Services Ltd (registered in England, 238178) operates the Hoverbus. All passengers are subject to the terms and conditions as stipulated by the operator Stagecoach Services Ltd available upon request. Hovertravel are unable to offer any guarantee of connection for reasons outside of their control with the Hoverbus timetable.
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, please send all complaints to email@example.com. The matter will then be investigated and responded to within 28 days of receipt of the letter/email. If sending any valued items (for example travel vouchers, Season Cards etc.) these must be either sent by registered post or delivery in person at the cashier’s office and a receipt of acceptance issued by our staff.
22.0 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 strongly recommend that you arrange cover. Hovertravel cannot be held responsible for any liability, expenses or losses you may incur as a result of having inadequate or no travel insurance.
23.0 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.
24.1) 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 as set out in these Booking Terms and Conditions. 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.
24.2) All tickets and cards are issued as per these Booking Terms and Conditions. Hovertravel take the fraudulent and/or misuse of documents issued by Hovertravel seriously and any misuse of this would result in the termination of the remaining period or validity of the pass/card with no refund permitted and we reserve the right to report you to law enforcement agencies and to take civil action against you for any damage suffered by us. Hovertravel reserve the right to withdraw all future travel in the result of misuse.
25.0 DATA PROTECTION
26.0 PASSENGERS WITH SPECIFIC REQUIREMENTS
FOR PASSENGERS WHO ARE DISABLED OR PASSENGERS with REDUCED MOBILITY (PRM) DUE TO A PHYSICAL, COGNITIVE (learning) DISABILITY OR ANY PHYSICAL IMPAIRMENT, AS DEFINED BY CURRENT EUROPEAN LAW.
Passengers should request assistance at the time of making the Booking and provide at least 48 hours notice prior to travel date and time. If less than 48 hours’ notice is provided, we will make all reasonable effort to assist however this is not guaranteed.
It is a requirement that you notify Hovertravel of your access needs at time of making your 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, without liability on our part.
26.1) 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. 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.
26.2) If you are intending to travel unaccompanied
Under current law, we 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 or if the design of the Craft or port infrastructure makes it impossible to carry out your embarkation or disembarkation in a safe or operationally feasible manner.
To ensure your safety, welfare and needs are met during your journey you should be accompanied by a person who will be issued with free travel. If you intend on travelling unaccompanied, you must satisfy the following criteria, and if you do not, we reserve the right to deny your embarkation:
- 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 may 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; and 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.
26.3) Wheelchairs and mobility aids
Wheelchairs and mobility aids, which includes mobility scooters, can be accepted for travel, subject to size and weight limitations in and around our craft. Mobility aids and mobility scooters must be stored in the freight compartment on board. Batteries must be dry or gel, non spillable sealed types
26.4) Seating onboard
Hovertravel is unable to guarantee that groups of passengers will be seated together. Priority will be given to the needs of individual disabled and PRM passengers and those passengers will be offered HoverCare seats whilst onboard the craft.
26.5) 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.
26.6) What we cannot 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 and purchase a valid ticket.
26.7) Guide & Assistance Dogs
Guide and assistance dogs will be permitted to travel in line with Clause 8 of these Booking Terms and Conditions (Pets). We may refuse to embark a passenger with an assistance dog (or to accept a booking, or sell a ticket) only for safety reasons – for example: to remain within a vessel’s passenger carrying limit or when, in the professional judgment of the Captain, it would be unsafe to embark, carry or disembark a passenger on a particular sailing.
26.8) 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 journey records. Additionally, you should identify yourselves to a crew member on entering the Craft so that they can explain our safety procedures.
26.9) Hard of hearing passengers
If you are hard of hearing but use an assistive 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 do not need to notify us of your reduced hearing.
26.10) 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.
26.11) 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.
26.12) Confirmation of assistance
Where notification of assistance is made available to us by email, we will provide confirmation stating your assistance needs by return email.
26.13) Carer Travel
Where the customer with reduced mobility requires the help from a carer, the accompanying ticket will be provided free of charge. The carer must travel at the same time and the ticket is non-transferable. In order for the carer to receive free travel proof of disability may be requested. This ticket can only be purchased in person in the Terminals.
Should more than 1 carer be required this must be confirmed to us in accordance with 26.12 confirmation of assistance where Hovertravel will determine if additional free carriage will be granted.
27.0 EU LEGISLATION
Regulation (EU) No 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway is in effect and applies to these Booking Terms and Conditions. A summary of provisions concerning the rights of passengers when travelling by sea and inland waterway can be found at Department for Transport website.
28.0 OTHER IMPORTANT TERMS
28.1) We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
28.2) This contract is between you and us. No other person shall have any rights to enforce any of its terms.
28.3) Each of the clause of these Booking Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
28.4) If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the terms of a Booking, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
28.5) Where these Booking Terms and Conditions are incorporated into a Booking, neither party to that Booking may vary these terms unless both parties have agreed to such changes in writing. For the avoidance of doubt, Hovertravel shall only agree to a variation where it has the express consent in writing from a director of Hovertravel.