1. GENERAL
1.1 Definition
“Athens Convention” means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea signed at Athens on 13 December 1974 and the Protocol to that Convention signed at London on 19 November 1976 and any modifications having the force of law in Hong Kong.
“Cabin Luggage” means any luggage which the Passenger has in the cabin or is otherwise in his possession, custody or control and excludes Checked Luggage.
“Carriage” covers the following period:-
(a) 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;
(b) with regard to Cabin Luggage, the period during which the Cabin Luggage is on board the Vessel or in the course of embarkation or disembarkation and 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;
(c) 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.
“Carrier” shall mean the owner, charterer and manager of the Vessel.
“Checked Luggage” means Luggage, including excess luggage, delivered to the custody of the Carrier for carriage under Clause 2.8 hereof.
“Check-In Deadline” means the time limit specified by the Carrier by which the passenger must have completed check-in and immigration control as set out in Clause 2.1;
“Contract of Carriage” means a contract made by or on behalf of the Carrier for the carriage by sea or water of a Passenger and/or his Luggage, as the case may be and includes these Terms and Conditions and the terms and conditions of carriage set out in the Ticket.
“Discounted Ticket” means a ticket which is issued at a fare less than the full fare of an adult ticket.
“Fare Table” means the table published by the Carrier, showing the fares payable by different categories of Passengers with regard to a particular route. The Fare Table may be changed from time to time at the absolute sole discretion of the Carrier.
“Luggage” means any article carried by the Carrier under a Contract of Carriage including Cabin Luggage and Checked Luggage but excluding the prohibited luggage and articles under Clause 2.10.
“Luggage Identification Tag” means the numbered document issued to a Passenger that corresponds to the tag attached to each item of checked luggage.
“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):-
(a) who is carried on board the Vessel, whether having paid the fare or not, and whether or not such person shall have made a booking or caused the same to be made, and/or
(b) who has paid or on whose behalf has been paid any fare, and/or
(c) to whom or to whose agent a Ticket is issued by or on behalf of the Carrier.
“Terms and Conditions” means these terms and conditions applicable to all carriage of Passengers and/or 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 Carrier.
“Ticket” means either ticket issued by the Carrier or its authorized agent on behalf of the Carrier and includes all printed terms, conditions and notices. Ticket does not include a coupon issued by the authorized agent which must be exchanged for a Ticket.
“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.
1.2 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 PRC, the Government of the Macao SAR and the Government of the Hong Kong SAR. Any other port charges and taxes are extra and must be paid by the Passenger. Passengers will be liable for any increase in charges or taxes imposed by third parties after the Ticket is issued but prior to their date of travel. Similarly, if any charges or taxes are decreased, Passengers will be entitled to claim a refund from the Carrier.
The fares for different categories of Passengers will be published by the Carrier in the Fare Table. The Carrier shall be entitled to offer discounts and/or concessions to certain categories of Passengers. The Carrier may amend the eligibility criteria for such categories of discounts and/or concessions from time to time.
Passengers are required to present their traveling documents when requested by the Carrier or their agent to confirm eligibility for such discounts and/or concessions.
1.3 Clause Headings
The clause headings used herein are for ease of reference only and shall not affect the construction of these Terms and Conditions.
1.4 Gender and Construction
Words implying the male gender shall also include the female gender and words importing the plural shall 3 include the singular and vice versa.
2. REGULATIONS
2.1 Embarkation
2.1.1 Passengers must arrive at the check-in counter/gate of the terminal for departure where Carrier or its servant or agent check-in the Passengers for immigration formalities and boarding the vessel before the check-in deadline set by the Carrier or its agent from time to time. The check-in deadline may be varied at different terminals. Passengers need to pay attention to the face of the Ticket and/or signage at the check-in counter/gate at which the Carrier or its agent usually publishes the check-in deadline. Passengers arriving at the check-in counter/gate after the check-in deadline is not allowed to go through the check-in counter/gate and the Ticket for this voyage will be cancelled by the Carrier or its agent without refunded or reimbursement of any kind to the Passenger.
2.1.2 Unless otherwise announced, the gate for boarding at the terminal will be closed and Passengers will not be allowed to get onboard 5 minutes before the scheduled sailing time. A Passenger who has arrived at check-in counter/gate before deadline as per Article 2.1.1 here but fails to arrive at the boarding gate of the terminal before its closing as a consequence of delay in finishing immigration formalities may choose to take the next sailing subject to the availability of the seat and in case the Passenger has to travel on a lower class than that stated on the Ticket, the Passenger will not be refunded or reimbursed in any kind.
2.2 Validity of Ticket
2.2.1 Tickets are valid only for the route, date and time of sailing stated thereon and are not resellable, unless otherwise permitted by the Carrier. Subject to Clause 2.3 below, any fare paid shall not be refundable.
2.2.2 The Carrier shall not entertain any claims for lost Tickets.
2.2.3 Passengers must produce on request a complete, valid, unmutilated and undefaced Ticket whensoever requested by the Carrier.
2.2.4 In the event of any Passenger being refused landing permission by any relevant Government authority for any reason whatsoever, the Carrier shall not be obliged to carry such Passenger back to his original port of embarkation except on payment of the full fare for the return voyage and subject to the conditions as the Carrier considers relevant.
2.3 Alteration and Cancellation of Sailing
The Carrier’s sailing schedule is subject to change or cancellation by the Carrier with or without prior notice. The Carrier does not guarantee the time and date on the Ticket and they do not form part of the Contract of Carriage. Where any sailing is cancelled or delayed for any reason, the Carrier may:-
2.3.1 cancel the Ticket; or
2.3.2 substitute any other vessel and/or sailing date and time for that stated on the Ticket.
In the event that the Ticket is cancelled or the sailing time is altered by more than 3 hours from that stated on the Ticket, the Passenger will have the option to obtain a refund of his Ticket or wait-list for the next available Ferry. If the Passenger elects or is requested by the Carrier and agrees to travel in a lower class than that stated on the Ticket, the Carrier will refund the difference in fares. Applications for partial or full refund must be made to the ticket office where the Ticket is sold within one month of such cancellation or substitution and on presentation of the Ticket. The Carrier’s rights under this clause are exercisable at the Carrier’s absolute discretion. The Passenger shall have no rights whatsoever to claim against the Carrier and/or agents and/or its servants for any loss or damages whatsoever and howsoever arising from such alteration or cancellation of sailing except as otherwise provided in any applicable laws.
2.4 Children
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 free Luggage allowance pursuant to Clause 2.7 hereof.
2.5 Penalty
2.5.1 If any Passenger is found not to be in possession of a valid Ticket onboard the Vessel, he shall have to pay an amount equivalent to double the full fare without prejudice to the right of the Carrier to make any claim against the Passenger or to report the matter to any authorities.
2.5.2 If any Passenger is found using an invalid or fake Ticket, he shall have to pay a penalty of HK$2,000.00 without prejudice to the right of the Carrier to make any claim against the Passenger.
2.5.3 If any Passenger has lost his Ticket or his Ticket is incomplete or if any Passenger over the age of one is not in possession of a Ticket, he shall have to purchase the necessary Ticket immediately.
2.5.4 If any Passenger refuses to produce travel documents to verify his eligibility for a discount and/or concession or who fails to meet such criteria, he shall have to pay the difference between the discounted fare and the full fare.
2.6 Obedience to Instructions
Passengers are required to obey all instructions of the Carrier while on the Carrier’s premises or on the Vessel, including but not limited to the Terms and Conditions herein.
2.7 Free Luggage Allowance and Cabin Luggage
2.7.1 Passengers may carry or check-in free of charge one item of Checked Luggage not exceeding 20kg and 0.1 cubic metre and not exceeding 76cm x 56cm x 23cm in measurement or such weight/cubic volume/ measurement allowance as the Carrier may prescribe and announce from time to time at the notice board of the embarkation terminal. Passengers shall pay charges 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 In addition to the Checked Luggage, a Passenger may carry with him onboard the Vessel as Cabin Luggage one item of hand-carried Luggage provided that it is within 5 kg and 0.02 cubic metre and not exceeding 45cm x 30cm x 15cm in measurement or such weight weight/cubic volume/ measurement allowance as the Carrier may prescribe and announce from time to time at the notice board or otherwise at the embarkation terminal. 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 and provided that the Carrier considers that it is safe to be carried as Checked Luggage.
2.8 Checked Luggage and Valuables
2.8.1 Upon delivery to the Carrier of Luggage to be checked, the Carrier will take custody thereof and issue a Luggage identification tag for each piece of Checked Luggage. The Passenger must ensure that his name and address are on each item of Checked Luggage.
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 in handling. If any damage is caused to the Luggage as a result of improper package by the Passenger, the Carrier shall not be liable for the same. The Carrier has no duty to pack or re-pack any Luggage which has not been properly packed.
2.8.3 The Carrier has no facilities for and has no duty to undertake safe-keeping of the contents of the Luggage and valuables therein including but not limited to moneys, negotiable securities, gold, silverware, jewellery, ornaments or works of art. The Carrier shall not be liable for the loss of or damage to such valuables if they are carried onboard by Passenger.
2.8.4 Checked Luggage will be carried on the same Vessel as the Passenger unless the Carrier decides that this is impracticable or there is no space available, in which case Checked Luggage will be carried on other Vessel on which space is available.
2.8.5 Passengers shall be bound by 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, and other valuables, except where such valuables have been deposited with the Carrier for the agreed purpose of safe-keeping.
2.9 Collection and Delivery of Checked Luggage
2.9.1 The Passenger shall collect his 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 identification tag delivered to the Passenger at the time the Luggage has been checked in is entitled to take delivery of the Luggage.
2.9.3 If a person claiming the Luggage is unable to produce the Luggage identification tag, the Carrier may deliver the Luggage to such person only on condition that he establishes to the Carrier’s satisfaction his right thereto, and, if required by the Carrier, such person shall furnish adequate security to indemnify the Carrier for such loss, damage or expense which may be incurred by the Carrier as a result of such delivery. Nothing herein shall prejudice the right of the Carrier to deliver the Luggage to the relevant authorities for claim by the true owner thereof.
2.9.4 Acceptance of Luggage by the Passenger 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.
2.9.5 Any Luggage not collected by the Passenger may be kept for one month at the Passenger’s expense. Upon expiration of the said period, the Carrier shall have the absolute sole discretion to sell or dispose of the Luggage in any way the Carrier thinks fit and the Passenger shall have no recourse against the Carrier whatsoever. Notwithstanding the above, any uncollected Luggage containing perishable goods may be disposed of immediately, at the absolute sole discretion of the Carrier and the Passenger shall have no recourse against the Carrier whatsoever.
2.10 Prohibited Luggage and Articles
Passengers are not allowed to take any of the following articles onboard the Vessel:-
2.10.1 any firearms, ammunition or weapons of any type, including but not limited to knives, blades, or sharp items of any kind;
2.10.2 any dangerous articles or articles prohibited by any applicable national or international law, regulation or order from being carried on ferries;
2.10.3 any live or dead animals including poultry, fish, shellfish, household pets or other animals but excluding guide dogs as set out in Clause 2.14;
2.10.4 any radioactive, inflammable, explosive, corrosive or poisonous articles;
2.10.5 any goods with noxious or offensive odor or smell or annoying noise; or
2.10.6 any articles which may pose nuisance or danger to other Passengers or the Vessel.
The servants or agents of the Carrier shall be entitled to search Passengers and/or their Luggage and goods 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 Passenger shall be responsible for any loss or damage occasioned by the bringing of any article within the provisions of this Clause onboard the Vessel and the Carrier shall have the right to destroy or otherwise dispose of such article in order to protect the safety of the Passenger and the Vessel without any liability to the Passenger to whom such article belongs.
The Carrier may further refuse to permit onboard 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 onboard any Passenger who is:-
2.11.1 in possession of any prohibited goods referred to in Clause 2.10 or who has Luggage in excess of the luggage allowance 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 valid travel document or does not comply with applicable visa or entry permit requirements at the ports of embarkation and disembarkation.
2.11.3 in the opinion of the Carrier, considered 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;
2.11.4 not in possession of a valid Ticket;
2.11.5 fails to complete the check-in process by the Check-in Deadline;
2.11.6 fails to obey the instructions of the crew or staff of the Carrier;
In the event of such refusal of permission to board, no refund of the fare will be made.
2.12 Passenger’s Responsibility for Damages
A Passenger shall be held responsible for and shall indemnify the Carrier against any damage caused by him 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 the Passenger’s Checked 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 Any lost property of the Passenger found on any of the Carrier’s vessels or premises which comes into the possession of the Carrier and not immediately claimed by the true owner thereof shall be dealt with as follows:-
2.13.1.1 perishable, noxious or other offensive goods or articles shall 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;
2.13.1.2 identification and travelling 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 or such authorities; and
2.13.1.3 all other goods or articles may be retained by the Carrier for a period of one month 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 sees fit.
2.13.2 The Carrier shall have no liability whatsoever to any Passenger or any person in respect of lost property or damage to the Luggage as bailees or otherwise and no claim for damages or compensation shall be brought by any person in respect of the same.
2.14 Guide Dogs
A Passenger who is sight or hearing impaired, may be accompanied by a registered guide dog. A Passenger must provide prior notice to the carrier of his intention to travel with a guide dog. At time of check-in, the Passenger must present the dog’s certificate of registration as a guide dog, all dog’s valid health and vaccination certificates, entry permits and all other documents required by applicable law, regulation or order of the destination.
2.15 Conduct during the Voyage
To maximize Passengers’ comfort and safety, a Passenger shall comply with the following requirements, and all other reasonable directions of any crew members on the voyage when onboard:
2.15.1 Stow Cabin Luggage on the storage racks, in the overhead lockers or on other area assigned by crew members;
2.15.2 Fasten seatbelt when directed by crew members;
2.15.3 Do not smoke;
2.15.4 Only drink alcohol in moderation and only alcohol served on the voyage by crew members; and
2.15.5 Do not behave in a manner which may cause nuisance to other Passengers or which other Passengers may reasonably object, e.g. operating portable electronic devices with loud volume.
2.16 Seating
The Carrier and its servant have the absolute right to assign or re-assign a Passenger to any seat onboard the Vessel regardless of whether the Passenger holds a Ticket with or without a seat number, and even after the Passenger has seated and under such circumstances the Carrier or its servant must endeavor to assign or re-assign a same class seat as that stated on the Ticket held by the Passenger.
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.
3.2 Voyage
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 assist vessels in all situations or sail at reduced speed for any purpose whatsoever, and may proceed to or stay at any port or place for any purpose, 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, including sickness, 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, not as a result of the act or fault or negligence of the Carrier, the Carrier may, at its discretion, on request carry such Passenger to any other port or return him to the port of embarkation. If such conveyance is effected in any vessel operated by the Carrier, the Passenger shall pay additional passage money. The Passenger shall further indemnify the Carrier against any expenses incurred by the Carrier directly or indirectly in consequence of such prevention from disembarking or failure to disembark.
3.4 Omission to Call at 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 Passenger or Luggage 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 Ticket and may carry the Passengers 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 otherwise given by the Government of the nation under whose flag the Vessel sails or any other 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 such orders, directions, recommendations or warnings, and nothing done or not done under such orders, directions, recommendations or warnings shall be deemed a deviation.
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 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.
3.6 Sickness
3.6.1 No person (whether the holder of a Ticket or not) who is or appears to the Carrier to be unfit for travelling for whatever reasons, including sickness, diseases, injury or infirmity, bodily or mental, or whether or not to his knowledge 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 having fully declared his condition to the Carrier in writing and that prior written consent of the Carrier to such embarkation has been obtained. The Carrier shall have the right to request the person to produce a medical certificate issued by a qualified medical practitioner confirming that he is fit for the voyage.
3.6.2 Person suffering from any medical condition (including pregnancy), sickness, disease, injury or infirmity is strongly advised to disclose his condition to the Carrier in writing at least twenty four 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 being the guardian allow any such person for whom he is responsible to embark without such disclosure and consent as aforesaid having been made and obtained, 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 (including pregnancy), sickness, disease, injury or infirmity, reasonably appears to the Carrier or to the Vessel’s Master or crew to be:-
3.6.4.1 unfit to proceed, likely to endanger health or safety on board, or likely to impair reasonable comfort on board; and/or
3.6.4.2 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.
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 Carrier shall have no obligation to have other special medical supplies onboard 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 onboard the Vessel and/or improper use or application or omission to use or apply any such medical supplies.
3.7 Fulfillment of Contractual Duty
Anything done or not done by reason of or in compliance with Clauses 3.1 to 3.6 hereof shall be deemed 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 3.6 hereof, the Carrier shall cease to be under any obligation to forward the Passenger and/or his Luggage to the port of disembarkation named in the Ticket and all the remedies and rights of the Carrier, its servants or agents shall be reserved 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.
3.8 Liability and Exemption
3.8.1 The Carrier shall not be liable for any loss or damage occasioned by the cancellation, alteration of voyage, change of disembarkation location or change of vessel as a result of force majeure, accident or other reason not arising from the gross negligence of the Carrier or to the extent permitted by law.
3.8.2 The Carrier shall not be responsible for any loss or damage to the Luggage and property of the Passenger unless the same is directly caused by the gross negligence of the Carrier.
3.8.3 The Carrier shall not be responsible for the death, injury or the contracting of any disease by the Passenger unless it is caused by the negligence of the Carrier.
3.8.4 Subject to the above, if any loss of the Luggage or property of the Passenger is directly caused by the Carrier, the Carrier shall be liable to indemnify the Passenger at the rate of HK$20.00 per kg and the maximum amount of indemnification for each Passenger is HK$600.00. If any damage to the Luggage or property of the Passenger is directly caused by the Carrier, the Carrier shall be liable to indemnify the Passenger according to the level of damage provided that the same shall not exceed HK$600.00 for each Passenger.
3.8.5 Any claim for loss or damage to the Luggage or property of the Passenger shall be made in writing to the Carrier within one month from the date of such loss or damage.
3.8.6 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 onboard or during embarkation or disembarkation of the Passenger, be determined in accordance with the Athens Convention as enacted in Hong Kong SAR, together with any modifications to such convention having the force of law in Hong Kong. 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 Hong Kong SAR or elsewhere, and nothing herein contained shall be deemed to be a waiver of any such rights, privileges, exceptions, limitations and immunities.
3.8.7 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.
3.8.8 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.
3.8.9 The provisions of this Clause 3.8 hereinabove, whichever may be applicable, shall extend to any auxiliary contract, supply or service of whatsoever nature (including but not limited to 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 onboard. In the event of any sale or supply of food, drink, medicine 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 be held liable to the Passenger, is hereby excluded.
3.8.10 Subject to Clause 2.3, the obligation of the Carrier in the case of detention, overbooking, cancellation or alteration of or delay to any sailing or booking or cancellation of any Ticket shall be limited to the return of the fare. In no circumstances whatsoever shall the Carrier be under any other liability to the Passenger in respect of the detention, overbooking, cancellation or alteration of any sailing or booking, or any failure or refusal to carry any Passenger, or any delay prior to embarkation or on the voyage.
3.8.11 No servant or agent of the Carrier or independent contractor from time to time employed or engaged by the Carrier shall in any circumstances whatsoever be under any liability whatsoever to the Passenger for death or sickness, injury, loss, damage, delay or otherwise arising or resulting directly or indirectly from any act, neglect, or default on the part of such servant or agent or independent contractor acting in the course of or in connection with his employment or engagement. 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, agent of the Carrier or independent contractor from time to time employed or engaged by the Carrier.
3.8.12 The Carrier disclaims liability to the Passenger under any circumstances for infliction of emotional distress, mental suffering or psychological injury which is not: (i) the result of physical injury to the Passenger directly caused by the negligence or fault of the crew member, manager, agent, master, owner or operator of the Vessel; (ii) the result of the Passenger having been at actual risk of physical injury directly or indirectly caused by the negligence or fault of the crew member, manager, agent, master, owner or operator of the Vessel; or (iii) intentionally inflicted by the crew member, manager, agent, master, owner or operator of the Vessel. In no event will the Carrier be liable to the Passenger for consequential, incidental, exemplary or punitive damages.
3.9 Severability and Variations
3.9.1 To the extent that any provision contained or referred to herein is contrary to the laws of the Hong Kong SAR or to any applicable laws, governments regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply PROVIDED THAT the invalidity of any such provision shall not affect the validity of any other provision contained or referred to herein.
3.9.2 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.
4. CCTV SYSTEM INSTALLED
By accepting our transportation services and using our Vessels you acknowledge and agree that a CCTV system is installed inside Vessels. The CCTV system is installed for security reasons, to protect your safety, as well as to improve the quality of the services we provide. You acknowledge and agree that all data and images captured by the CCTV system will be stored in the Macau Special Administrative Region under reasonable secure conditions. The data captured by the CCTV System is kept for a period of thirty days, unless there is an investigation pending in which case the data will be kept until the same investigation is concluded or longer if necessary. The data captured by the CCTV system is processed by the Carrier, Chu Kong High Speed Ferry Company, and ultimately controlled by Cotai Ferry Company Ltd. (“CFCL”). By using our transportation services you also authorize CKHSFC and CFCL to share and disclose, in confidentiality, the data captured by the CCTV system with any third party service providers of any of CKHSFC and or CFCL that has entered into a written agreement with that is substantially similar to our privacy policy. For any data inquiries on the CCTV system, please send an email to privacy@sands.com.mo.
5. LAW AND JURISDICTION
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 SAR. All claims against the Carrier shall be determined by and submitted to the exclusive jurisdiction of the Courts of the Hong Kong SAR. In the event a passenger or any person acting for or on behalf of a passenger commences an action against the Carrier in any jurisdiction other than the Hong Kong SAR, the Carrier shall be entitled to recover any and all legal fees and expenses it incurs in obtaining the dismissal of or otherwise defending the action. In case of any conflict between the English and Chinese versions of these terms and conditions, the English version shall prevail.