(1) "Carrier" as such term is used herein shall mean the owners, charterers, manager and operators of the Vessel.
(2) "Vessel" means the vessel actually employed in the performance, in whole or in part, of the contract of carriage of the Passenger and/or his luggage, and shall include, any substitute vessel in accordance with the terms hereof.
(3) "Passenger" shall include any person including infants and unborn children (other than the Master or a member of the crew of the Vessel in question):
- who is carried on board the Vessel, whether for reward or not, and whether or not such person shall have made a booking or caused the same to be made, and/or
- who has paid or on whose behalf has been paid any fare, and/or
- to whom or to whose agent a ticket is issued by or on behalf of the Carrier.
(4) "Athens Convention" means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea done at Athens on 13 December 1974 and the Protocol to that Convention done at London on 19 November 1976.
(5) "Cabin Luggage" means luggage which the Passenger has in his cabin or is otherwise in his possession, custody or control.
(6) "Carriage" covers the following periods:
- with regard to the Passenger and his Cabin Luggage, the period during which the Passenger and/or his Cabin Luggage are on board the Vessel or in the course of embarkation or disembarkation. However, with regard to the Passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any port installation;
- with regard to Cabin Luggage, also the period during which the Passenger is in a marine terminal or station or on a quay or in or on any other port installation if that luggage has been taken over by the Carrier or its servant or agent and had not been re-delivered to the Passenger;
- with regard to other luggage which is not Cabin Luggage, the period from the time of its taking over by the Carrier or its servant or agent onshore or on board until the time of its re-delivery by the Carrier or its servant or agent.
2. Clause Paramount
The carriage by the Vessel shall have effect subject to the Athens Convention or any legislation making the Athens Convention applicable to the carriage and the provisions of the Athens Convention or applicable legislation shall be deemed incorporated herein.
3. Fees and Taxes
Unless otherwise indicated the fare amount shown in the ticket is inclusive of the passenger embarkation fee payable by the Carrier to the Government of the Hong Kong Special Administrative Region. Any other port charges and taxes are extra and must be paid by the Passenger.
4. Clause Headings
The clause headings used herein are for ease of reference only and shall not affect the construction of these Terms and Conditions.
Words implying the male gender shall also include the female gender.
In the case of any conflict between the English, Chinese or Portuguese versions of these Terms and Conditions, the English version shall prevail.
Passengers must arrive and must have completed all Immigration formalities 15 minutes before scheduled sailing time or such other period of time as the Carrier may announce from time to time.
2. Validity of Ticket
Tickets are valid only for the date and time of sailing stated thereon and are not transferable except at the option of the Carrier. If a Passenger for whatever reason cancels his ticket or does not embark, any fare paid shall be forfeited in full. Passengers should not that refunds will only be given by the Carrier in the circumstances and subject to the conditions set out in clauses 3 and 4.
3. Alteration and Cancellation of Sailings
The Carrier's sailing schedule is subject to change and/or cancellation by the Carrier with or without prior notice. Where any sailing is cancelled or delayed, or where any sailing is accidentally overbooked as a result of any malfunction or maloperation of the Carrier;s computerized ticket booking system (Whether or not such overbooking is caused by the negligence of the Carrier or its servants or agents) the Carrier may:
(1) Cancel any ticket;
(2) Substitute any other vessel and/or sailing date and time for that stated on the ticket. The Carrier's rights under this clause are exercisable whenever the Carrier may in its absolute discretion think fit, and whether or not the cancelled, delayed or overbooked sailing is that stated in the ticket.
4. Refund of Passage Money
(1) any ticket is cancelled by the Carrier.
(2) any sailing time or date is substituted whereby the commencement of the voyage is altered by more than 2 hours from that stated on the ticket and the Passenger does not travel at the substituted time or date.
(3) the Passenger is diverted to lower price accommodation:
the fare paid by the Passenger or as the case may be the excess will be refunded on application to the ticket office within 1 month of such cancellation or substitution and on presentation of the ticket. Where Passengers want to alter or cancel their journey voluntarily the following shall apply:
(4) Hong Kong - Shenzhen / Guangzhou Route: Tickets presented 48 hours (based on working days) prior to the day of sailing shall receive a partial refund of 70% of fare paid. No refund will be given to tickets presented less than 48 hours.
(5) Hong Kong - Macau Route: Tickets sold are non-refundable, non-transferable, and non-chargeable.
Any passenger who fails to travel at the sailing time stated on the ticket at his/her own reason, the ticket will become null and void and cannot be refunded. The departure fee can be refunded upon presenting the intact ticket to the ticketing outlet within 20 days of the stated sailing date.
(1) Each Passenger who is in possession of or has been issued with a ticket or on whose behalf a ticket has been issued may be accompanied by one child of not more than one year of age free of charge, but any such child shall not be entitled to occupy a seat on the Vessel nor entitled to any luggage allowance pursuant to clause 7 hereof.
(2) Children over the age of one year will be charged full fare.
6. Obedience to Instructions
Passengers are to obey all instructions of the Carrier while on the Carrier's premises or on the Vessel.
7. Free Luggage Allowance and Cabin Luggage
(1) A Passenger may carry free of charge luggage not exceeding 10 kgs in weight and 20 kgs in case of Super Class/Desk or such other weight/cubic volume allowances as the Carrier may announce from time to time. A Passenger shall pay a charge for the carriage of luggage in excess of the free luggage allowance at the applicable rate from time to time published by the Carrier.
(2) A Passenger may carry with him on board the Vessel as Cabin Luggage one item of hand luggage provided that it is within the weight allowance referred to in clause 2.7.1. above. Any additional items of luggage, or any such items which are in excess of the said allowance, will only be accepted as checked luggage in the custody of the Carrier. The checked luggage must not exceed 760 mm x 560 mm x 230 mm in measurement or 40 kgs in weight.
8. Checked Luggage and Valuables
(1) Upon delivery to the Carrier of luggage to be checked, the Carrier shall take custody thereof and issue a luggage identification tag for each piece of checked luggage. If luggage has no name, initials or other personal identification, the Passenger shall affix such identification to the luggage prior to acceptance.
(2) The Carrier may refuse to accept luggage unless it is properly packed in suitcases or other suitable containers to ensure safe carriage with ordinary care in handling.
(3) Checked luggage will be carried on the same Vessel as the Passenger unless the Carrier decides that this is impracticable, in which case checked luggage will be carried on the next Vessel on which space is available.
(4) The attention of Passengers is drawn to the provisions of Article 5 of the Athens Convention which provides that the Carrier shall not be liable for the loss of or damage to moneys, negotiable securities, gold, silverware, jeweler, ornaments, works or art, or other valuables, except where such valuables have been deposited with the Carrier for the agreed purpose of safe-keeping. In this connection, Passengers should note that the Carrier has no facilities for the safe-keeping of valuables, and will therefore not ordinarily accept the deposit of valuables by Passengers, for such purpose.
9. Collection and Delivery of Checked Luggage
(1) The Passenger shall collect his or her luggage as soon as it is available for collection at the place of destination or stopover.
(2) Only the bearer of the luggage check and identification tag delivered to the Passenger at the time the luggage was checked in is entitled to delivery of luggage. Failure to exhibit the luggage identification tag shall not prevent delivery provided the luggage check is produced and the luggage is identified by other means.
(3) If a person claiming the luggage is unable to produce the luggage check and identify the luggage by means of a luggage identification tag, the Carrier will deliver the luggage to such person only on condition that he or she establishes to the Carrier's satisfaction his or her right hereto, and, if required by the Carrier, such person shall furnish adequate security to indemnify Carrier for any loss, damage or expense which may be incurred by the Carrier as a result of such delivery.
(4) Acceptance of luggage by the bearer of the luggage check without complaint at the time of delivery is prima facie evidence that the luggage has been delivered in good condition and in accordance with the contract of carriage.
10. Prohibited Luggage and Articles
Subject to clause 11 Passengers are not allowed to take on board:
(1) any live poultry, fish, shellfish, household pets or other animals;
(2) any dangerous or prohibited articles or other articles of the kind referred to in clause "EXCEPTIONS AND LIBERTIES" No.7 below.
The servants or agents of the Carrier shall be entitled to search Passengers and/or their luggage and goods traveling with them to ascertain whether there are any articles within the provisions of this clause. The Passenger agrees to allow such search upon being requested by the Master of the Vessel or other authorized servants or agents of the Carrier to do so.
The Carrier may further refuse to permit on board any items which in the opinion of the Carrier are unsuitable for carriage by reason of their weight, shape, size or character.
11. Carriage of Firearms and Ammunition
Firearms and ammunition for hunting or sporting purposes may be permitted on board by prior arrangement with the Carrier, subject to such conditions as to, inter alia, stowage and custody as the Carrier may deem appropriate. In no circumstances will such items be permitted in the passenger cabin. Firearms must be unloaded, with the safety catch on and suitably packed. Carriage of ammunition is subject to applicable regulations relating to the carriage of dangerous goods. The Carrier reserves the right to make such charges and require the provision of such indemnities by or on behalf of the Passenger or Passengers concerned for the carriage of such items as the Carrier may think fit.
12. Refusal of Embarkation
The Carrier may refuse to allow on board any Passenger who is:
(1) in possession of any live animal or any goods of the kind referred to in clause 10 or who has an excessive quantity of luggage or who refuses to submit himself or his luggage or goods to a search when requested to do so;
(2) not in possession of a proper document valid at the ports of embarkation and disembarkation;
(3) in the opinion of the Carrier drunk or otherwise unfit for carriage or suffering from infectious or contagious disease, or who is behaving in such a manner as to be undesirable or to constitute a threat to the safety or comfort of other Passengers.
the event of such refusal of permission to board, no refund of the fare will be made. The Passengers' attention is also drawn to clauses "EXCEPTIONS AND LIBERTIES" No.3, 6 and 7 below.
13. Passengers' Responsibility for Damage
Passengers will be held responsible for any damage caused by them to any property of the Carrier, including but not limited to the structure, machinery, gear, fittings, furnishing, equipment and appliances of the Vessel and the Carrier's landing stage and terminal buildings, and the Carrier reserves the right to detain Passengers and/or their luggage until compensation satisfactory to the Carrier in its absolute discretion has been made to the Carrier.
C. EXCEPTIONS AND LIBERTIES
1. Substitution of Vessel
The Carrier is at liberty to substitute any vessel for the Vessel (whether named on the ticket or not) scheduled to sail at the time stated on the ticket from the port of embarkation named thereon, whether owned by itself or not, of the purpose of fulfilling this contract whether wholly or in part.
The Vessel may at any time whatsoever whether before or after embarkation proceed by any route whatsoever in the Carrier's or Master's absolute discretion (whether or not such route is the customary, direct or advertised route between the ports of embarkation and disembarkation) any may tow or be towed or sail at reduced speed for any purpose whatsoever, and carry live animals and every description of cargo on or below deck, including contraband, firearms and ammunition, explosives, munitions or warlike stores or dangerous cargo of every kind, and may proceed to or stay at any port or place whatsoever (although in a contrary direction or out of or beyond the customary or intended or advertised route to the port of disembarkation once or more often in any order backwards or forwards) for any purposed whatsoever, whether or not connected with the voyage, and even if making in substance another voyage or voyages.
3. Failure to Land
If for any reason whatsoever, the Passenger or any other Passenger for whom he is responsible is prevented from disembarking or fails to disembark at the port of disembarkation named in the ticket or substituted hereunder the Carrier may carry such Passenger to any other port on return him to the port of embarkation in the sole discretion of the Carrier. If such conveyance is effected in any Vessel operated by the Carrier the Passenger shall pay additional passage money thereof. The Passenger shall further indemnify the Carrier against any expenses incurred by the Carrier directly in consequence of such prevention form disembarking or failure to disembark.
4. Omission to Call to Port
If, in the opinion of the Master of the Vessel or the Carrier, entry into the port of disembarkation may result in inconvenience, delay, damage, or danger either to the Vessel or any Passengers or cargo for any reason whatsoever (including without prejudice to the generality of the foregoing restriction, epidemic and whether actual or threatened strikes), the Vessel may omit to call at the port of disembarkation named on the passage ticket and may carry the Passengers forward or backward to any other port in the Carrier's sole discretion and land them and their luggage there.
5. Special Orders
(1) The Vessel shall have liberty to comply with any orders, directions, recommendations or warnings as to departure, arrival, routes, destinations, zones, waters, delivery, embarkation or disembarkation, or in any otherwise whatsoever or howsoever given by the Government of the nation under whose flag the Vessel sails or any other Government or local authority, including any de facto Government or local authority, or by any person or body acting or purporting to act as or with the authority of any such Government or authority or by any Committee or person having under the terms of the Vessel's war risks insurance the right to give any such orders, directions, recommendations or warnings.
(2) If by reason of or in compliance with any such orders, directions, recommendations or warnings, the Vessel does not proceed to or is diverted from the port of disembarkation originally designated or to which she may have been ordered pursuant to the contract contained in the passenger ticket, the Vessel may proceed to any safe port of disembarkation which the Master or Carrier in his or its discretion may decide on and there disembark the Passenger and land his luggage. All extra expenses involved in reaching and disembarking and/or landing at any such other port of disembarkation shall be paid by the Passenger.
(1) No person (whether the holder of a ticket or not) with any infectious or contagious disease, or for any reason is likely to impair the health, safety or reasonable comfort of other persons shall embark on board the Vessel without fully declared his condition of the Carrier in writing and that prior written consent of the Carrier to such embarkation has been obtained.
(2) Person suffering from any medical condition (including pregnancy), sickness, disease, injury or infirmity, bodily or mental is strongly advised to disclose his condition to the Carrier in writing at least [three (3) hours] before the scheduled sailing time in order to enable the Carrier to make special arrangement for carriage of such person, if necessary, and such person shall comply with all reasonable instructions and directions given by the Carrier in relation to his carriage.
(3) If any such person shall nevertheless embark or allow any such person for whom he is responsible to embark without such consent or disclosure as aforesaid having been obtained or made:
a. the Carrier shall not be liable for any loss of life or personal injury which he or the person for whom he is responsible may suffer, or for complication or aggravation of the sickness, disease, injury or infirmity, in consequence of such medical condition, sickness, disease, injury, infirmity or exposure.
b. he shall indemnify the Carrier against all loss, damage and expense incurred directly or indirectly by the Carrier in consequence of such medical condition, sickness, disease, injury, infirmity or exposure, including any claims made against the Carrier howsoever and whomsoever arising, and any costs of defending the same, which the Carrier may incur or pay to third parties arising out of the embarkation of such person on the Vessel.
(4) If the Passenger for any reason whatsoever, including (but not limited to) any medical condition, sickness, disease, injury or infirmity, bodily or mental, reasonably appears to the Carrier or to Vessel's Master or crew to be:
a. unfit to proceed, likely to endanger health or safety on board, or likely to impair reasonable comfort on board: and/or
b. likely to be refused permission to land at his port of destination: then in such case, the Carrier may at its discretion refuse to embark or disembark such Passenger at any particular port, and may disembark him at any port. In case the Passenger is refused embarkation or is disembarked, no part of his passage fare shall be refunded and the Carrier shall not be liable for any loss or expense occasioned to the Passenger thereby: provided however that unless the Passenger is in breach of clause 6.1 or
3. hereof the Carrier shall with reasonable diligence endeavor to resell any private cabin accommodation reserved by the Passenger (if any) and will pay to the Passenger the sum realized from any such resale, less reasonable costs to the Carrier occasioned by the action as hereinbefore provided and by efforts to resell the space.
(5) Each Vessel carries normal medical supplies in accordance with the requirements of the Hong Kong Marine Department and the Chief Port Health Officer. In the absence of any special prior arrangement made with the Carrier, the latter shall have no obligations whatsoever to have other special medical supplies on board the Vessel and there is no warranty that the medical supplies are suitable or fit for particular purposes. Passengers making use of such supplies do so at their own risk and the Carrier shall not be liable for any loss of life or personal injury or any other consequence whatsoever arising out of or in connection with the absence of special medical supplies on board the Vessel and/or improper use or application or omission to use or apply any such medical supplies.
7. Dangerous Goods
Subject to clause REGULATIONS No.11, the Passenger warrants that no goods brought aboard by him whether in his luggage or otherwise are contraband arms ammunition prohibited by any Government, or are goods of a dangerous nature or such as to endanger the health or safety of other Passenger or which may otherwise are contraband arms ammunition prohibited by any Government, or are goods of a dangerous nature or such as to endanger the health or safety of other Passenger or which may otherwise constitute a nuisance, and will be absolutely responsible for and will fully indemnify the Carrier against any detention of the Vessel and any penalties, fines, expenses, loss damage or liability of whatsoever kind resulting from a breach of this warranty. Etc.
8. Everything to Form Part of Contract Voyage
Anything done or not done by reason of or in compliance with clauses 1 to 7 hereof shall be done or not done as part of or as the case may be in fulfillment of the contractual and intended voyage and of the Carrier's obligations hereunder. In the case of transshipment or disembarkation or landing of the Passenger and/or his luggage or other goods in pursuance of any of the liberties accorded in clauses 3.1. to 3.7. hereof, the Carrier shall cease to be under any obligation to forward the Passenger or his luggage to the port of disembarkation named in the passage ticket and all the remedies and rights of the Carrier, its servants or agents shall have effect accordingly and nothing so done or not done shall constitute a deviation, and all the obligations of the Carrier shall be deemed to have been duly fulfilled and the passage fare earned in full.
The Carrier shall have a lien on the Passenger's luggage and other goods for any passage fare or other charges unpaid or any other debts whatsoever due to the Carrier under the terms of this contract.
10. Liability and Exemption
(1) The liability of the Carrier for death or personal injury of the Passenger or for loss of or damage to his luggage shall, if the incident causing such death, injury, loss or damage occurred on board or during embarkation or disembarkation of the Passenger, be determined in accordance with the Athens Convention, as enacted in the Hong Kong Special Administrative Region, together with any modifications to such Convention having the force of law in the Hong Kong Special Administrative Region. The Carrier shall be entitled to all the rights, privileges, exceptions, limitations and immunities conferred by the Athens Convention enacted as aforesaid, or by any other legislation in force in the Hong Kong Special Administrative Region or elsewhere, and nothing herein contained shall be deemed to be a waiver of any such rights, privileges, exceptions, limitations and immunities.
(2) The Carrier shall not be liable for any claims for damage to or loss of luggage of the Passenger unless full particulars thereof in writing are given to the Carrier or its agent:
a. in the case of apparent damage to the luggage: for Cabin Luggage, before or at the time of disembarkation of the Passenger, and for all other luggage before or a the time of its redelivery;
b. in the case of damage to luggage: which is not apparent, or loss of luggage: within fifteen days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place (as the case may be).
References to loss of or damage to luggage shall include any pecuniary loss resulting from delay in redelivery of luggage to the Passenger, in accordance with and subject to the applicable provisions of the Athens Convention.
(3) The Carrier shall not be liable in an amount exceeding the amount specified in Article 7 paragraph 1 of the Athens Convention per Passenger per carriage in respect of loss of life or personal injury, or the following amounts in respect of loss of or damage to property:
a. in the case of Cabin Luggage including Valuables, the amount specified in Article 8 paragraph 1 of the Athens Convention per Passenger, per carriage;
b. in the case of vehicles including all luggage carried in or on the vehicle, the amount specified in Article 8 paragraph 2 of the Athens Convention per vehicle, per carriage;
c. in the case of all other property, the amount specified in Article 8 paragraph 3 of the Athens Convention per Passenger, per carriage.
Provided always that the liability of the Carrier as stated above shall be subject to the applicable deductible specified in Article 8 paragraph 4 of the Athens Convention, such sum to be deducted from the loss or damage. The liability of the Carrier as stated above shall be further reduced in proportion of any contributory negligence by the Passenger.
(4) The Carrier's liability shall not exceed the amount of proven damages. The Carrier shall furthermore not be liable for indirect or consequential loss or damage.
(5) The Carrier shall in no circumstances whatsoever be responsible for death, injury or sickness of any Passenger or for loss of or damage to luggage caused by any incident occurring prior to embarkation or after disembarkation, however such death, injury, sickness, loss or damage be caused and whether or not resulting from unseaworthiness or unfitness of the Vessel, any quay, landing stage or other premises or property owned or used by the Carrier or its servants or agents and/or from the neglect or default of the Carrier or its servants or agents.
(6) Any claim which is not covered by the Athens Convention must be notified in writing to the Carrier or its agent within one month of the date of disembarkation or of the date when the claimant first had knowledge of the material facts giving rise to the claim, whichever date is the later, and any action thereon must be commenced within two years of such date. Unless these time limits are complied with the Carrier shall be under no liability to the Passenger whatsoever. Any action or proceeding covered by the Athens Convention shall be time-barred after a period of two years in accordance with the applicable provisions of such Convention.
(7) The provisions of clauses 10.1 to 10.6 inclusive above, whichever may be applicable, shall extend to any auxiliary contract, supply or service of whatsoever nature including, but without limitation, the sale or supply of food, drink, medicines or any other goods or services whatsoever to the Passenger any express or implied condition or warranty, statutory or otherwise, by which the Carrier or its servants or agents might otherwise held liable to the Passenger, is hereby excluded.
(8) The obligation of the Carrier in the case of cancellation of or delay to any sailing or the cancellation of any ticket shall be limited to the return of the fare in accordance with clause 2.4. In no circumstances whatsoever shall the Carrier be under any other liability to the Passenger for any delay prior to embarkation or on the voyage.
(9) Every condition, limitation, exception and liberty herein contained and every right, exemption from or limit of liability, defense and immunity of whatsoever nature applicable to the Carrier shall also be available and extend to protect every servant or agent of the Carrier (including every independent contractor from time to time employed by the Carrier), and, for the purposes of this clause, the Carrier is contracting with the Passenger as agent of and trustee for such servant and agent, who shall be deemed to be parties to the contract contained in the passage ticket. The aggregate of the amounts recoverable from the Carrier and such servants and agents in respect of the liabilities specified in clause .10.3 shall not exceed the applicable limits specified in such clause, and the Carrier shall be entitled to be paid on demand any sum recovered or recoverable by the Passenger from such servants or agents in excess of those limits.
11. Overriding Law and Variations
(1) To the extent that any provision contained or referred to herein is contrary to anything contained in the Athens Convention, as enacted in the Hong Kong Special Administrative Region together with any modifications to such Convention having the force of law in the Hong Kong Special Administrative Region, where applicable, or to any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall be apply. The invalidity of any such provision shall not affect the validity of any other provision contained or referred to herein.
(2) No person other than a director of the Carrier has authority to vary these Terms and Conditions and no such variation shall be in effect unless in writing.
These Terms and Conditions, and any disputes arising in connection therewith, or in connection with the carriage or non-carriage of the Passenger or his luggage aboard the Vessel, shall be governed by the laws of the Hong Kong Special Administrative Region. Subject always to the applicable provisions relating to jurisdiction of the Athens Convention, all claims against the Carrier shall be determined in the courts of the Hong Kong Special Administrative Region.