Booking Terms & Conditions
Terms & Conditions Valid from 1st March 2019
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 accepted bookings with Hovertravel. Any variations to these Booking Terms and Conditions shall only be valid if they are agreed to in writing by a director of Hovertravel.
01. Your Contract
03. Making your reservation with Hover Travel
04. Prices and Ticket Categories
05. Cancellation, Change and Amendment Policy
06. Group Travel
07. Changes to Your Journey
09. Force Majeure
10. Check-in and Boarding Refusal
11. Special Requests
13. Unaccompanied Minors
14. Smoking and Alcohol
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
1.0 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 Encombe House, Estate Office, Corfe Castle, Wareham, Dorset, BH20 5LW(“Hovertravel”).
It is also agreed by you that a contract made between you and Hovertravel is subject to these Booking Terms and Conditions, 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 or your behavior or that of your party, in accordance with these Booking Terms and Conditions.
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 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.
“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.
“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 Encombe House, Encombe Office, Corfe Castle, Wareham, Dorset, BH20 5LW 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.
3.0 MAKING YOUR RESERVATION WITH HOVERTRAVEL
3.1) Once we have accepted your booking at our terminals, electronically (via our website, App, telephone or email) or in writing and issue our confirmation reference number or travel ticket, or we accept your booking via your travel agent or other third party authorised by you, 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 8+ fare paying passengers where our group payment terms apply (see Groups), or where account facilities are held.
3.3) Payment is accepted by cash and gift-vouchers at cashiers in Ryde & Southsea, and credit or debit card at cashiers, through the website or the app.
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 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 payment must be received by us in sufficient time to allow for clearance 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 and what we are responsible for when you travel with us.
3.8) A direct debit payment method is only permitted for yearly season card purchases and academic cards. Direct debit payments are spilt across 12months (11 months for academic cards), with the first payment being paid by cash or credit card and then 11 equal direct debit payments (10 equal payments for academic cards). If you change your direct debit details once set up an admin fee of £10 is applicable. If any direct debit payments are returned ‘unpaid’ there will be a £10 administration fee chargeable to you for processing the unpaid payment and the season card will be terminated for travel until payment is received for all outstanding payments due. The terminated travel period will not be refunded for this reason. Cancellation of a season card direct debit card will have the charges applied as specified in Clause 5.3
4.0 PRICES AND TICKET CATEGORIES
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 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
- Academic 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 and can only be used on the dates and times shown (where you have purchased a specifically timed ticket) and are not transferable. Period Returns are valid for up to 90 days. Please note that:
- travel restrictions apply throughout the year to a number of attractions and it’s your responsibility to check these dates in advance.
- if you fail to print your booking confirmation for all elements of your booking, an administration fee of £5 will be charged for any printing or re-printing carried out on your behalf.
On occasions Hovertravel are able to offer concessionary or discounted fares. The ticket sale price may slightly differ to the percentage discount. Full list of eligibility is available at the cashiers with proof of identification as requested. These may be withdrawn without notice and are subject to availability.
4.3) Travel Cards are valid for 12 months from the date of purchase. Travel Cards are issued in the denominations of 10, 20, 40, 100, and 250 single journeys. All travel cards are not transferable and new purchasers must provide a passport sized photograph for our company records or a photograph can be taken via webcam in our terminals. Travel choices are subject to availability and passengers should check in at least 5 minutes before their required crossing departure time. Travel cards are issued for the exclusive use of the person named on the card. Passengers are permitted to make a reservation for departures. The travel card will be debited by the number of journeys booked at the time of booking. If you are unable to travel on the service booked, provided there is availability we will transfer your booking to any of our services departing +/- 2 hours of your booked time. IMPORTANT: To amend your booking you are required to produce your confirmation. If you cannot travel and you advise us at least 2 hours prior to travel, we will not debit your travel card. In the event you do not travel, and have been unable to inform us at least 2 hours prior, your travel card will still be debited by the reserved booking.
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 or a photograph can be taken via webcam in our terminals. Tickets issued are valid for the period sold only and are not permitted to be extended for any reasons. Season Card customers can make a request to reserve an outbound and inbound crossing for each day their ticket is valid. Where availability permits, these can be booked by request in bulk or booked by individual day on our website. These bookings on the selected crossings will be held on this crossing only until 5 minutes before departure. Hovertravel reserves the right to cancel these reservations at their discretion, if the card holder is frequently not using the booked time (e.g. bookings have not been travelled on for 50% or more of a 4 week period or 5 consecutive days). Hovertravel will attempt to contact the customer to change their preferred booking times in the first instance and remind them that they risk losing future bookings if they are not used. However, if the customer continues to not use their preferred times, the preferred times will be cancelled for the remaining life of the card. We ask that customers let us know if they are not intending to travel due to holidays, sickness etc. Failing to notify us might result in all of your bookings being cancelled in accordance with this clause and these cannot be reinstated until you renew the card. Although rights to preferred bookings may be lost under this clause, travel is still permitted under the card at other times and is subject to availability on all other crossings. Season cards are for the exclusive use of the person named on the card.
4.5) Academic Cards: Hovertravel offer a range of Academic Card products including academic one month, 3 month, 6 month and 12 month seasons and Academic Travel 10, 20 and 40 cards. Please see Clause 4.3 for additional terms applicable to Travel Cards and Clause 4.4 for additional terms applicable to season cards. Academic season and travel cards are not transferable. 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. Academic Cards are for the exclusive use of the person named on the card only.
4.6) Company Tickets are available for purchase in 50 or 200 denominations. Issued in vouchers, these need to be given to Hovertravel staff at the boarding gate at the time of travel. 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 email@example.com.Please allow 2 working days to process your request. Vouchers issued are valid for travel 1 year from issue date.
4.7) Hoverbus Tickets are available for single journeys for use on our coach operation in Portsmouth & Southsea, operated by Stagecoach. Tickets purchased are valid for 1 year from the date of purchase.
5.0 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 Returns, Singles & Period Returns (with / without attractions or concessions/discounts), the following charges will apply for any requests to cancel or change.
- No refunds permitted, 100% cancellation charge.
- Tickets may be split once purchased, however a ticket split will only be issued in our Ryde or Southsea terminal.
- Lost or damaged tickets are non-replaceable.
5.2) Travel Cards, the following charges will apply upon surrender of any unused travel cards:
- 10, 20 & 40 Travel Cards: no refunds, no changes permitted and non-transferable.
- 100 & 250 Travel Cards: 50% of unused journeys will be refunded, provided that no refunds are permitted in last month of the Travel Card’s validity.
5.3) Season Cards, the following charges apply for all requests for season card early surrender or cancellation:
- Where you have paid for your Season Card in full, the value of the remaining full calendar months will be refunded less one month.
Where you are paying for your Season Ticket by a direct debit arrangement, following the return of your card, one final direct debit payment will be debited from the cardholder’s account following return of your card.
5.4) Academic cards: the following charges apply for all requests for academic applications:
- Academic Season cards - 1 month, 3 month, 6 month and 12 month season card – Clause 5.3 applies
- Academic Travel cards - 10, 20 and 40 cards – Clause 5.2 applies
5.5) Company Cards, the following charges apply for all requests for unused company cards:
- Company Cards – no refunds and non-transferable
5.6) HoverBus Tickets, the following charges apply for unused HoverBus tickets:
5.7) Refund Policy. All refunds issued by Hovertravel under this Clause 5 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). Please note we do not issue any refunds in the form of credit notes or cheques.
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 firstname.lastname@example.org. The following terms are applicable to group bookings:
6.1) Payment for group travel: 10% is due at time of booking with the balance due 14 days in advance of travel. Payment can be made either by bank transfer, cash (at our cashiers office) or credit / debit cards.
6.2) Changes are permitted to group reservations up to 48hrs prior to departure at no charge.
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.
Any refunds to be paid by us will be paid in accordance with the terms set out in clause 5.7.
6.4) Infants travelling as part of a group will be accepted at the maximum ratio of two infants to each adult. Any infant above this figure will be carried at the applicable child fare.
7.0 CHANGES TO YOUR JOURNEY
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 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 time, or go by the normal or shortest route.
We may need to cancel or make alterations to a journey 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; 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 does not form part of this contract. Schedules are subject to change without notice and other than as set out in these Booking Terms and Conditions or otherwise permitted by law, we shall have no liability in respect of you making any connections or any onward journeys.
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 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, if your journey is delayed by more than 1 hour, we will (subject to the Exemption section below) pay you limited compensation to the value of 25% of the ticket price attributable to that journey, and if your journey is delayed by more than 2 hours, we will pay you limited compensation to the value of 50% of the ticket price attributable to that journey. We are entitled to deduct a reasonable amount for our administrative costs in this regard.
Please note that 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 could not have been avoided even if all reasonable measures had been taken, then we are not required to pay you compensation. 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.
Apology Voucher: These vouchers are valid for one Single journey and can be used by yourself, family or friends.
Extra Day Voucher: This voucher entitles the Season Card holder or Academic Season Card holder to travel unlimited for one day after the expiry of the current Season Card. One voucher will be issued per day of cancellation. These vouchers cannot be exchanged to Apology Vouchers. These must be validated in the relevant boxes indicated on the voucher with the travel date required for use and expired season card number detailed (the expired season card must be presented at the time of use to Hovertravel staff as requested. Failure of this will result in the voucher being invalid). In the event of Hovertravel services being cancelled following the commencement of the use of an extra day voucher you will be entitled to one apology voucher on production and submission to our cashiers of the Extra Day Voucher with the relevant travel receipt for the alternative transport provider attached. Claims for these must be made within 28 days of disrupted travel. In the event of early termination of your Season Card at your request, any Extra Day Vouchers issued to you will be invalidated.
Vouchers have no cash value. For details on how to claim Apology Vouchers or Extra Day Vouchers and for any other terms and conditions applicable to those vouchers, please see the ‘Travel Delays’ section of the Hovertravel website.
Wightlink Child Repatriation Travel Ticket.All 12 month child season card holders are permitted to receive one repatriation travel ticket whenever the service is cancelled due to adverse weather, up to a maximum of 10 tickets during the season card validity. These repatriation travel tickets will only be issued by Hovertravel staff during any weather related cancellations and cannot be obtained when the service is operating. Other than these 10 travel tickets, no further travel tickets will be issued for the delay or cancellation of our services during the school year, and the guardian of the child agrees that the issuance of these vouchers is sufficient re-imbursement for any of our services that may be cancelled or delayed by more than 60 minutes during the period of the 12 month season card.
Dogs and other pets 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.
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 ‘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.
10.0 CHECK-IN AND BOARDING REFUSAL
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 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 steps being removed 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:
- 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 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 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.
- Travelling on a non-valid or fraudulent ticket.
We will try to meet any special requests you tell us about at the time of 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. We will not always be able to tell you before you leave if we cannot meet your special requests.
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.
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
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.
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.
15.0 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 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 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, for compensation or otherwise.
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.
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) 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 shall in all circumstances and in every respect be limited to £50 per passenger ticket.
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 email@example.com.
In the event your property or belongings are located, we will endeavour 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 for 30 days and either disposed of or forwarded to charity.
Bikes stored at either terminals 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 Dangerous Goods or other Dangerous Weapons 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. 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 onboard 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 shipmen.
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, 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 £100 (one hundred pounds) per passenger ticket. 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 is 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 Limited 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, 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 death or personal injury resulting from negligence is not excluded or restricted, unless as set out in this Clause 20 or under relevant Acts, regulations and/or conventions.
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 and to the property of Hovertravel and of third parties and for personal injury or death to any persons where ever such damage is caused or inflicted by your Goods.
19.6) 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. 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, 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 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 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.
24.2) All tickets and cards are issued as per the terms and conditions stipulated in 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 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 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 DFT.