1.1.1 "Carrier" as such term is used herein shall mean the owners, charterers, managers and
operators of the Vessel.
1.1.2 "Contract of Carriage" means a contract made by or on behalf of the Carrier for the
carriage by sea or water of a Passenger or of a Passenger and his Luggage, as the case
1.1.3 "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.
1.1.4 "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):
188.8.131.52 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,
184.108.40.206 who has paid or on whose behalf has been paid any fare, and/or
220.127.116.11 to whom or to whose agent a ticket is issued by or on behalf of the Carrier.
1.1.5 "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.
1.1.6 "Cabin Luggage" means any luggage which the Passenger has in his cabin or is
otherwise in his possession, custody or control.
1.1.7 "Carriage" covers the following periods: -
18.104.22.168 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
passenger terminal or station or on a quay or in or on any port installation;
22.214.171.124 with regard to Cabin Luggage, also the period during which the Passenger is
in a passenger 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;
126.96.36.199 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.
1.1.8 "Checked Luggage" means Luggage delivered to the custody of the Carrier for carriage
under clause 2.8 hereof.
1.1.9 "Luggage" means any article carried by the Carrier under a Contract of Carriage
including Cabin Luggage and Checked Luggage but excluding live animals.
1.1.10 "Terms and Conditions" means these terms and conditions applicable to all carriage of
Passengers and Luggage by the Carrier subject to any amendment which the Carrier
reserves the right to make from time to time and any such amendment made shall
become operative and effective immediately after it is made or published by the Carrier.
These terms and conditions shall apply equally to gratuitous Carriage performed by the
1.2 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.
1.3 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
1.4 Clause Headings
The clause headings used herein are for ease of reference only and shall not affect the construction
of these Terms and Conditions.
1.5 Gender and Construction
Words implying the male gender shall also include the female gender and words importing the
plural shall include the singular and vice versa.
In the case of any conflict between the English or 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.
2.2 Validity of Ticket
Tickets are valid only for the date and time of sailing stated thereon and are not transferable except
at the sole discretion of the Carrier. If a Passenger for whatever reason cancels his ticket or does
not embark, any fare paid shall not be refundable or forfeited in full. Passengers should note that
refunds would only be given by the Carrier in the circumstances and subject to the conditions set
out in clauses 2.3 and 2.4.
2.3 Alteration and Cancellation of Sailing
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 mal-operation 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:
2.3.1 cancel any ticket;
2.3.2 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 at the Carrier’s absolute discretion, whenever
the sailing as stated in the ticket is cancelled, delayed or overbooked etc.
2.4 Refund of Passage Money
Where in accordance with clause 2.3: -
2.4.1 any ticket is cancelled by the Carrier;
2.4.2 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; and
2.4.3 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 one (1) month of such cancellation or substitution and on presentation of the
Where Passengers want to alter or cancel their journey voluntarily the following shall apply: -
2.4.4 Hong Kong -- Ports in China Route / Macau -- Ports in China Route:
Tickets presented 48 hours (based on working days/ hours) prior to the day of sailing
shall receive a partial refund of 70% of the nett fare paid i.e. after deduction of any government tax, charges or fee. No refund will be given to tickets presented less than 48
2.4.5 Hong Kong -- Macau Route:
Tickets sold are non-refundable, non-transferable, and non-changeable. Any passengers
who fail 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 30 days of the stated sailing
2.5.1 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 such child shall not be entitled to occupy a seat on the
Vessel nor entitled to any Luggage allowance pursuant to clause 2.7 hereof.
2.5.2 Children over the age of one year will be charged at full fare.
2.6 Obedience to Instructions
Passengers are to obey all instructions of the Carrier while on the Carrier's premises or on the
2.7 Free Luggage Allowance and Cabin Luggage
2.7.1 A Passenger may carry free of charge one item of Luggage not exceeding weight/cubic
volume allowance as the Carrier may prescribe and announce from time to time at the
notice board of the embarkation terminal. A Passenger shall pay 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.
2.7.2 A Passenger may carry with him onboard the Vessel as Cabin Luggage one item of hand
Luggage provided that it is within the weight and cubic allowance referred to in clause
2.7.1 hereinabove. 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 and subject to a charge for such carriage at the applicable rate from time to
time published by the Carrier.
2.8 Checked Luggage and Valuables
2.8.1 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.
2.8.2 The Carrier may refuse to accept Luggage as Checked Luggage unless it is properly
packed in suitcases or other suitable containers to ensure safe carriage with ordinary care
2.8.3 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
subsequent sailing or vessel on which space is available.
2.8.4 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, jewellery, ornaments, works of 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.
2.9 Collection and Delivery of Checked Luggage
2.9.1 The Passenger shall collect his or her Luggage as soon as it is available for collection at
the place of destination or stopover.
2.9.2 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.
2.9.3 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 thereto, 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.
2.9.4 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.
2.10 Prohibited Luggage and Articles
Passengers are not allowed to take the following articles onboard: -
2.10.1 any Firearms and Ammunition;
2.10.2 any dangerous or prohibited articles or other articles of the kind referred to in clause 3.7
2.10.3 any live poultry, fish, shellfish, household pets or other animals;
2.10.4 any bicycle without dismantling wheels and not in a well and proper packaging;
2.10.5 any nuisance goods with odor smell, or sent out with annoying noise;
2.10.6 lighted items such as incense sticks, candles or lanterns.
The servants or agents of the Carrier shall be entitled to search Passengers and/or their Luggage
and goods travelling 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 authorised 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.
2.11 Refusal of Embarkation
The Carrier may refuse to allow on board any Passenger who is: -
2.11.1 in possession of any live animal or any goods of the kind referred to in clause 2.10 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;
2.11.2 not in possession of a proper document valid at the ports of embarkation and
2.11.3 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.
In 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 3.3, 3.6 and 3.7 below.
2.12 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’ Luggage until compensation satisfactory to the Carrier in
its absolute discretion has been made to the Carrier.
2.13 Disposal of Lost Property
2.13.1 All lost property of the Passenger found on any of the Carrier’s vessels or premises which
come into the possession of the Carrier and not immediately claimed by the true owner
thereof shall be dealt with as follows: -
188.8.131.52 perishable, noxious or otherwise offensive goods or articles may be disposed of
by the Carrier, its agents or servants, as soon as practicable after they have
come into the Carrier’s possession, by sale or otherwise as the Carrier sees fit;
184.108.40.206 identification and travel documents, certificates or any other document which
the Carrier considers to be of an important or confidential nature may be
disposed of by the Carrier within such time they have come into the Carrier’s
possession and in such manner as the Carrier sees fit including but not limited
to passing the same to the police; and
220.127.116.11 all other goods or articles shall be retained by the Carrier for a period of 3
months after they have come into its possession and, if at the end of that period
they remain unclaimed, they shall be deemed to have been abandoned by their
owners and the Carrier may dispose of them by sale or otherwise as the Carrier
2.13.2 If within a period of 6 months of any sale or disposal by the Carrier under clauses 18.104.22.168
or 22.214.171.124, the former owner or the person formerly entitled to the beneficial ownership
of the goods or articles can establish his ownership to the satisfaction of the Carrier, he
shall be paid, subject to his providing the Carrier with an indemnity in retention as the
Carrier may reasonably require, the proceeds of sale, if any, less all expenses incurred by
the Carrier for and incidental to the sale or disposal.
2.13.3 Save as provided in clause 2.13.2, the Carrier shall have no liability whatsoever to any
person in respect of lost property as bailees or otherwise and no claim for damages or
compensation shall be brought against it by any person in respect of the same.
3 EXCEPTIONS AND LIBERTIES
3.1 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, for 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) and
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.
3.3 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 on carry such Passenger to any other port or 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 from disembarking or failure to disembark.
3.4 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.
3.5 Special Orders
3.5.1 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.
3.5.2 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.
3.6.1 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 to
the Carrier in writing and that prior written consent of the Carrier to such embarkation
has been obtained.
3.6.2 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 twenty hours (24) hours before the scheduled sailing time and
such person shall comply with all reasonable instructions and directions given by the
Carrier in relation to his Carriage.
3.6.3 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: -
126.96.36.199 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;
188.8.131.52 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 whensoever 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.
3.6.4 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
184.108.40.206 unfit to proceed, likely to endanger health or safety on board, or likely to
impair reasonable comfort on board; and/or
220.127.116.11 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 clauses
3.6.1 or 3.6.2 hereof the Carrier shall with reasonable diligence endeavour 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.
3.6.5 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.
3.7 Dangerous Goods
Subject to the clause 2.10 hereinabove, the Passenger warrants that no goods brought aboard by
him whether in his Luggage or otherwise are firearms and ammunition, or goods of a dangerous
nature or such as to endanger the health or safety of other Passenger or which may otherwise
constitute a nuisance. Such Passenger 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 his breach of this warranty.
3.8 Everything to Form Part of Contract Voyage
Anything done or not done by reason of or in compliance with clauses 3.1 to 3.7 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
3.10 Liability and Exemption
3.10.1 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.
3.10.2 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: -
18.104.22.168 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 at the time of its redelivery;
22.214.171.124 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.
3.10.3 The Carrier shall not be liable in an amount exceeding the amount specified in Article 7
paragraph I 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:
- in the case of Cabin Luggage including Valuables, the amount specified in Article 8
paragraph I of the Athens Convention per Passenger, per carriage;
- 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;
- 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 to any contributory negligence by the Passenger.
3.10.4 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.
3.10.5 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.
3.10.6 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.
3.10.7 The provisions of clauses
3.10.1 to 3.10.6 hereinabove, 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 and other goods and services and
the provision of medical care) made or provided by the Carrier on shore or on board. In
the event of any 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.
3.10.8 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.
3.10.9 Every condition, limitation, exception and liberty herein contained and every right,
exemption from or limit of liability, defence 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
3.10.3 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.
3.11 Overriding Law and Variations
3.11.1 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 not apply. The invalidity of any
such provision shall not affect the validity of any other provision contained or referred to
3.11.2 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 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