Introduction
These Terms and Conditions of Carriage (“Conditions”) will apply to your bookings, journeys and travel on Scilly Ferries. “Scilly Ferries” is the trading name of Harland & Wolff (Scilly Ferries) Limited who operate the ferry service to and from St Marys.
By booking or buying a ticket to travel on our ferry service you are agreeing to these Conditions. If you do not agree to these Conditions you should not book a ticket with us.
It important that you consider and ensure you understand the detail in these Conditions as they set out your responsibilities, rights and the rules applying to your travel including in relation to:
- journeys, variations to journeys and cancellations;
- rights and restrictions associated with your ticket;
- our obligations;
- your obligations; and
- what each of us may be liable for (and what we will not be liable for).
We thank you for abiding by the Conditions and we look forward to seeing you onboard.
Please note that we may update or modify these Conditions. From time to time, we may provide special offers which will be subject to terms and conditions in addition to these Conditions. These are the Conditions currently in force and they replace all earlier terms of Scilly Ferries.
Definitions
In these Conditions, the following capitalised words shall have the meanings described below:
“Athens Convention” means the Convention applying to the carriage by sea of passengers and luggage set out in regulation 392/2009, adopted at Athens in 1974 and the 2002 Protocol to that Convention, as incorporated into the laws of England and Wales under sections 183 and 184 of the Merchant Shipping Act 1995.
“Contract for Travel” means a contract between Scilly Ferries and a Passenger (made by them or on their behalf) for travel on our ferry.
“Dangerous Substances” means any such goods or substances so classified in the Harbour Areas Regulations 2016 and/or the M Notices published by the Maritime and Coastguard Agency.
“Force Majeure Events” means any cause beyond the control of the Scilly Ferries including but not limited to: any acts of God (including adverse weather conditions), strikes, labour difficulties or shortages, industrial action, epidemics or pandemics, war, civil war, insurrection, government restraint or requisition, terrorism, criminal damage, acts restrictions, regulations, bylaws, refusal to grant licences or permissions by any governing or regulatory authority and acts or omissions of Passengers.
“Luggage” means any article (or articles) of Passengers’ personal property to be carried by us under and subject to a Contract of Travel;
“Passenger“, “you“, “your” means any person travelling on our ferry service. A Passenger shall include: (i) any person who is required to travel on our ferry service, whether or not a ticket has been issued, and (ii) any person who is entitled to use our ferry service without charge, whether on a complimentary ticket or otherwise.
“Scilly Ferries“, “we“, “our“, “us” means Harland & Wolff (Scilly Ferries) Limited trading as Scilly Ferries.
Application of the Terms and Conditions of Carriage
When we confirm a booking request by you we enter into a Contract for Travel with you on the same booking on these Conditions.
By making a booking with us you agree that these Conditions apply to you. Where you are booking on behalf of others, you are confirming that: (i) you have the authority to do so on their behalf and (ii) that each Passenger agrees to these Conditions; and (iii) you will be responsible for each Passenger’s complying with these Conditions.
When travelling on our ferry service, Passengers must comply with the rules, regulations and instructions that are made or given by Scilly Ferries and our representatives, the master of the ship or any member of the ship’s crew whether aboard the ship or at shore.
You are responsible for fully complying with (and ensuring any Passengers on your booking comply with) these Conditions and any additional requirements imposed by law. You are also responsible for providing full and accurate information about your booking, including the Passengers on whose behalf you are booking.
Scilly Ferries is entitled at any time to refuse to carry any person or Passenger and/or their luggage who does not comply with these Conditions or for other reasons at our discretion (including for health and safety reasons) even if we have previously agreed to carry such person or Passenger and/or their Luggage.
Booking and Ticket Conditions
Prices
The price payable shall be confirmed at the time of booking and, unless we state otherwise, will need to be paid in full before your booking is confirmed.
Valid Ticket
Passengers must be in possession of a valid ticket for travel for the time and date of the relevant journey. Passengers must be able to provide their valid ticket (whether printed or in electronic form) for inspection on our request.
Lost and Stolen Tickets
You are responsible for the care of your ticket once it has been issued to you including ensuring it is not used by someone other than the Passengers who have been issued with the Tickets. Scilly Ferries is not responsible nor is it obliged to replace or refund tickets that are lost, stolen, damaged, misused or used without your permission.
Check-in and “No-Shows”
For each journey, the latest time of check-in will be as shown on the Scilly Ferries website (www.scillyferries.co.uk.). Passengers must be in possession of their tickets prior to boarding and must check in before check-in for your journey closes. Failure to check-in on time may result in the Passenger being refused carriage.
If any Passenger does take a booked journey and such journey was not cancelled by us, the relevant booking will be deemed to have been cancelled by you and no refund shall be payable. Where it is the outward journey of a return fare that is not taken both the outward and return journey will be deemed cancelled by you and no refund shall be payable.
We are not required to hold or delay a ferry for any Passengers booked or reserved to travel that have not arrived and checked in before check in closes.
Cancellation or Amendment by Passengers
If, before departure, you cancel or amend your booking, such cancellation or amendment shall be subject to you paying the applicable fees as published on our website (www.scillyferries.co.uk) at the time of the cancellation or amendment.
Where you are entitled to a refund in respect of a booked journey that is subsequently cancelled by you, refunds will only be made if you follow the process and meet the conditions for a refund as set out on our website (www.scillyferries.co.uk) or which were provided to you at the time of booking.
Changes to our Services
We will always try to carry Passengers and their hand Luggage at the published time of departure of the relevant sailing, however, we do not guarantee that we will be able to do so. Any departure may leave before or after the advertised or scheduled time.
We shall endeavour to keep you informed of any change in departure times, delays and/or cancellations by an appropriate means, for example by SMS and/or email. We will only send communications to the contact details you provided to us at the time of booking or which we hold in relation to your account. It is your responsibility to ensure that the contact details we hold for your booking are kept up to date and are accessible by you. We shall only be required to notify you, as the person who made the booking, of any change and will not be required to notify any other Passengers listed on the same booking.
Our ferry shall not be required to sail according to any timetable or notice. Irrespective of any timetable or notice, our ferry shall be entitled to sail at other times or on days other than those advertised.
Our ferry may sail with or without a pilot, tow and assist other ships or be towed in any situations and at any time. Our ferry may use any port or ports in any order, whether or not forming part of the planned route for any reasonable purpose.
We may accommodate Passengers and any hand Luggage they may have at any port or place and carry them to their destination port by any other ship whether or not belonging to us and by any route.
We and/or the master of our ferry may have to comply with orders, directions and/or advice as to departure, arrival, routes or otherwise given by any authority or others having the power to give orders, directions and/or advice. Our acts or omissions in compliance with any such orders, directions and/or advice shall not be deemed a deviation from our services.
Passengers shall follow any instructions given by us concerning service variations and disruptions including travel delays and cancellations howsoever received. We shall not be liable for any loss, damage or expense arising from a Passenger failing to follow instructions given in relation to service variations, disruptions, delays or cancellations.
Statutory Rights
If our ferry service is cancelled by us or your departure is delayed by more than 90 minutes you may have statutory rights to compensation, to rebook to another sailing or for a refund of your ticket price. These Conditions do not affect those statutory rights.
Passenger Assistance
If a Passenger will need (i) particular mobility assistance and at the ports of departure and/or arrival and/or on board our ferry, and/or (ii) particular accommodation or seating on board, the Passenger should provide us with full details of all assistance that may be required at the time of making their booking or by contacting our customer service team at least two days before travelling.
While we will use our reasonable efforts to do so, we may not always be able to accommodate your requests for assistance. For full details of our support for passengers who are disabled or who have specific accessibility requirements please see our policy on our website (www.scillyferries.co.uk).
Traveling when Pregnant or with a Medical Condition
Scilly Ferries will not carry Passengers who are more than 32 weeks pregnant at the date of departure.
If you or any Passenger for whom you are booking has a known or suspected health condition which may make travel on our ferry or otherwise by sea inadvisable on health or medical grounds, you must notify us at the time of booking. If such condition becomes known or suspected after booking, you must notify us as soon as possible upon become aware. We may request that you provide a medical certificate confirming fitness to travel (such certificate to be provided to us no later than 24 hours before the scheduled departure time. We are entitled to refuse to carry a Passenger despite the provision of a medical certificate. We shall not be liable for any such refusal, other than we will refund the price of the Passengers ticket provided we were provided with notice of the condition in accordance with this condition.
Unnaccompanied Children
We will only carry Passengers who are under 16 on the date of departure if they are accompanied by either:
- a parent;
- a guardian; or
- a person over the age of 18 acting as a chaperone with the express written authority of the parent or guardian (and such authority was provided at the time of booking).
We will not carry unaccompanied Passengers who are under 16 on the date of departure.
If you contact us directly, we may be able to make special arrangements in certain circumstances, for example only, school-related travel or in an emergency.
In any event, we reserve the right to refuse to permit unaccompanied minors to travel if we consider that to permit them to travel would impact their safety or the safety of other Passengers or crew.
We reserve the right to ask any unaccompanied Passenger who we believe may be under 18 to prove their age at check-in. If they are unable to do so we may refuse to permit the Passenger to travel.
Commercial Activity
Passengers shall not conduct any form of commercial activity when waiting to board, on board or when disembarking from our ferry.
Safety and Security
All Passengers must comply with all reasonable instructions and requests made by our crew and all notices and regulations relating to the safety and security of the ship, crew, Passengers, boarding and disembarkation and port facilities and requirements.
All Passengers must comply with any security requirements. You agree that we shall be entitled (including through our authorised representatives) to undertake reasonable searches of Passengers and their Luggage carried or to be carried on our ferry.
Upon our request, each Passenger must provide acceptable photographic identification. We are entitled to refuse carriage to any Passenger that fails to provide such identification and/or refuses a search. If we refuse carriage on this basis then your booking shall be deemed to be cancelled by you.
Within the respective ports and on board our ferry, Passengers shall behave in a manner that respects and does not disturb the comfort, safety and wellbeing of all other Passengers and crew.
We will not tolerate any verbal or other abuse to our staff. All employees have the right to be treated with dignity, consideration and respect. Full details of our zero-tolerance policy can be found on our website (www.scillyferries.co.uk).
Luggage
Subject to the discretion of Scilly Ferries, each Passenger shall be entitled, free of charge, to bring a limited amount of personal hand Luggage on board and shall be subject to restrictions as to size as set out on our website (www.scillyferries.co.uk).
With our prior agreement, and subject to any excess baggage charges that may apply, you may be entitled to bring Luggage in addition to the free luggage limit on board, further details can be found on our website (www.scillyferries.co.uk).
The relevant Passenger is responsible to bring their permitted Luggage on board and to remove it on disembarkation. The Passenger and their Luggage must not block Passenger escape routes or access to safety equipment or otherwise present a risk of harm.
Lost Property
We will take reasonable care of any Luggage or other articles which are taken into our safekeeping. We are not liable for any loss, damage, claim or expense caused to any Luggage or other articles left on our premises or ferry.
If you find Luggage or other articles on our premises or ferry, such property shall not be treated as belonging to you, it shall be deemed to be in our possession and it must be handed to a member of our staff as soon as reasonably practicable.
If property is left on our premises or ferry:
- We shall have the right to open it and examine the contents before removing it to a safe place. We may, without being liable for any loss, damage, claim or expense, destroy or dispose of any property, which may, in our reasonable opinion cause damage or injury or inconvenience to crew or passengers or that is perceived to pose a security risk or threat. We shall not be liable for any damage loss to your property should this happen.
- we may store such property for up to 3 months unless it is claimed by its owner or their authorised representative. We may make a reasonable charge for our costs of storage;
- we may dispose of any perishable items. We may make a reasonable charge for our costs of disposal.
Dogs and other Animals
The carriage of animals is only permitted if you make the request of us before making the booking. Any such carriage must be in accordance with our requirements and applicable law. Please seek advice from your vet or the appropriate authority before making a booking. You are legally responsible for the animals and wholly responsible for obtaining any necessary documents, consents and permissions.
We may charge for the carriage of any animals, and further conditions may apply. Please note, we operate specific arrangements with respect to registered guide, emotional support and assistance dogs. Further details can be found on our website (www.scillyferries.co.uk)
The Passenger is responsible for the movement of their animals onto, on board and of the ferry. The Passenger accompanying the animal is responsible for its control and actions at all times. The Passenger must ensure that any animal travelling with them travels in those areas designated by us and is appropriately restrained and/or kept in an appropriate carrier.
You are responsible for any losses, costs, damages or expenses caused by your animal. In the event that a dog travelling with you fouls the ferry, we reserve the right to charge you £50 by way of a fine. Such fine must be paid in full before you disembark.
ALcohol and Smoking
No smoking or vaping is permitted on our ferry.
You are not permitted to bring on board alcohol for consumption on our ferry. We reserve the right to confiscate any other alcoholic products being consumed on board. We shall not be obliged to provide any compensation for any confiscated alcoholic products.
Dangerous GOODS
You shall not bring any Dangerous Substances on board and we do not agree to ship any Dangerous Substances unless we have expressly agreed in writing to do so in advance of departure.
You shall not bring any firearms on board and we do not agree to ship any firearms.
Our Liability
Service Defects
We shall not be liable for loss or damage arising from a defect in or failure of any of our services where such defect or failure is caused by:
- the fault of a Passenger;
- the fault of a third party (that is, a party other than us or our employees or agents); or
- unusual and unforeseeable circumstances beyond the control of the Company, including but not limited to the Force Majeure Events.
Direct loss only
We shall not be liable for any indirect or consequential costs or losses whatsoever suffered or incurred by any Passenger in connection with our ferry service even if caused by our negligence.
We shall not be liable for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill or loss of opportunity any Passenger may suffer or incur whether directly or indirectly.
Application of rights and limitations
Passengers agree that the limitations on liability under these Conditions shall also apply for the benefit of the ferry owner, its master and crew and all employees, servants or agents or contractor of any tier of Scilly Ferries.
Medical Assistance
If medical assistance is required and is provided or ordered by us, the Passenger for whom such services are provided or ordered shall be liable for the costs of the same.
Pets and Animals
We shall not be liable for any injury, illness, loss or death of any animal no matter how occurring. All animals, including guide, emotional support dogs and pets, are carried at the owner’s sole risk and responsibility.
Personal Injury, Death and other loss or damage
The provisions of the Athens Convention form part of these Conditions and shall apply in every situation involving the death of or personal injury to a Passenger or the loss of or damage to the luggage of such Passenger occurring on board a vessel. The Athens Convention shall apply to our liability and we shall not be responsible for any costs incurred that exceed the maximum set out in the Athens Convention. The incorporation of the Athens Convention in these Conditions shall not be construed so as to restrict or remove our right to any limitation of or exemption from liability accorded to shipowners or other persons by any statute, convention, protocol, code, regulation, publication or order for the time being in force in the United Kingdom.
Notwithstanding the terms of these Conditions, we shall in any event be entitled to the maximum protection allowed by law in respect of the liability of or any limitation on damages recoverable from shipowners and our rights to such protection shall also apply where we are not the owner or hirer of any vessel operating on or in respect of any part of the services.
Nothing in these Conditions shall affect a Passenger’s rights under the Athens Convention.
Law and Jurisdiction
Unless otherwise provided by the Athens Convention or any other applicable law, government regulations, orders or requirements: (i) these Conditions shall be governed by the laws of England and Wales; and (ii) any dispute between us and the Passenger concerning or arising out of these Conditions shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
Last updated February 2024