Conditions of carriage

As a valued customer of CalMac Ferries Limited (the "Company"), we aim to ensure you travel safely and comfortably on a reliable and efficient service. Our Conditions of Carriage (the "Conditions") outline the Conditions all customers must agree to when entering into a contract with us.

Version Number: V1.6, July 2023

Introduction

Ahead of buying a ticket, you must read and agree to these Conditions to ensure the safety and satisfaction of our customers and staff.

Thank you for your co-operation and we look forward to welcoming you onboard.

The Conditions are set out in five sections:

PRELIMINARY

a) Definitions

b) Interpretation

c) Carriage undertaken

d) Principal forms of contract of carriage

e) Agency in respect

f) Deemed ticketing or deemed consignment

CONDITIONS IN RESPECT OF VESSELS/SERVICES

g) Discretion as to carriage

h) Variations regarding sailing 

i) Impediments to loading, carriage, etc. 

j) Compliance with orders

LIABILITY

k) Liability under the Athens Convention 

12. Explanatory Note relating to the Athens Convention

13. Explanatory Note relating to the Hague Visby Rules

14. Liability in other situations

REGULATIONS IN RESPECT OF DANGEROUS GOODS AND SUBSTANCES

15. Dangerous Goods and Substances

16. Explanatory Note relating to the shipment of Dangerous Goods and Substances

17. Regulations for the conveyance of petrol, fuel oil and cylinders and cartridges of liquefied hydrocarbon gas in vehicles on board the Vessels

18. Breach of Regulation

GENERAL MATTERS

19. Luggage entitlement

20. Unaccompanied minors

21. Miscellaneous

22. Storekeepers/Warehousemen

23. Instructions and searches

24. Ticketing conditions

25. Governing law

PRELIMINARY

a) Definitions

In these conditions:

1. "Additional loss or damage" means loss of profits, loss of business and/or any other indirect or consequential loss or damage (that is, loss or damage which does not flow naturally or directly as a result of or from the relevant breach by the Company of its contractual or other duties to passengers, shippers and users);

2. "The Athens Convention" means the Convention relating to the carriage of passengers and their luggage by sea adopted at Athens in 1974 and the 1976 Protocol to such Convention, all as incorporated into the law of the United Kingdom of Great Britain and Northern Ireland ("the United Kingdom") under sections 183 and 184 of and schedule 6 to the Merchant Shipping Act 1995;

3. "Hand luggage" means luggage which a passenger has in their possession, custody or control including, but not being limited to, goods which the passenger has in or on their vehicle (brought onto the Vessel on an accompanied basis by the passenger) and which, subject to such reasonable restrictions as to size and substance as may from time to time be published by the Company (a list of which restrictions  can be found on the Company website);

4. "Commercial vehicle" means, subject to such reasonable restrictions as may from time to time be published by the Company (a list of which restrictions  can be found on the Company website), if accompanied by a driver in each instance an omnibus, motor coach, commercial vehicle, commercial trailer or other traffic on wheels or tracks primarily concerned with the carriage of goods or with the carriage of fare paying customers and any vehicle being used in the course of business if accompanied by a driver, which term "commercial vehicle" also includes, but is not limited to, any goods carried in or on such commercial vehicle;

5. "Shipper" means the sender and the recipient respectively of luggage, goods, vehicles and/or livestock in respect of which a contract of carriage is made with the Company by consignment note or is deemed to be so made in terms of Condition 18;

6. "Goods" means, subject to such reasonable restrictions as to size and substance as may from time to time be published by the Company (a list of which restrictions can be found the Company website), all articles, items and substances except luggage, commercial vehicles, unaccompanied vehicles, other vehicles and/or livestock;

7. "Hague Visby Rules" means the rules contained in the International Convention for Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25th August 1924, as amended by the Protocol to amend the said Convention signed at Brussels on 23rd February 1968 and by the Protocol signed at Brussels on 21st December 1979 as incorporated into the law of the United Kingdom by the Carriage of Goods by Sea Act, 1971;

8. "Livestock" means, subject to such reasonable restrictions as may from time to time be published by the Company (a list of which restrictions can be found on the Company website), all live animals, excluding dogs and other pet animals;

9. "Luggage" means, subject to such reasonable restrictions as to size and substance as may from time to time be published by the Company (a list of which restrictions  can be found on the Company website), any item of goods, dog or other pet animal and/or private vehicle accompanied by a passenger and carried by the Company under a contract of carriage with the Company, excluding:- any commercial vehicle carried upon a commercial vehicle ticket issued for carriage upon any of the Vessels and/or in the context of any of the services; any item of goods and/or unaccompanied vehicle (whether a commercial vehicle or a private vehicle) carried under a consignment note issued by the Company; and/or livestock;

10. "Owner" means the person who holds themselves out to be the person (whether as a passenger, shipper, user or in any other capacity) for whom the relevant contract for the carriage of luggage, goods, commercial vehicles, unaccompanied vehicles and/or livestock is carried out by the Company and shall include any employee, representative, agent or contractor (or sub-contractor of such contractor) of any such person;

11. "Passenger" means any person travelling on a ticket or any person who requires to travel on a ticket issued or (where the practice of the Company is to issue tickets on board its vessels) to be issued by or on behalf of the Company, including, but not being limited to, any person in charge of luggage, goods, commercial vehicles, unaccompanied vehicles and/or livestock whether or not a ticket is issued to that person and any person who is entitled to use the services without charge whether or not a complimentary ticket or free pass is issued to such person;

12. "Private vehicle" means, subject to such reasonable restrictions as may from time to time be published by the Company (a list of which restrictions  can be found on the Company website), any vehicle accompanied by a driver other than a commercial vehicle, including, but not being limited to, any goods carried in or on such private vehicle;

13. "Services" means the services offered from time to time by the Company;

14. "Ticket" means a valid boarding voucher which shows that the holder is entitled to use the Company's services;

15. "Unaccompanied vehicle" means, subject to such reasonable restrictions as may from time to time be published by the Company (a list of which restrictions can be found on the Company website), any vehicle (whether commercial or private) which is unaccompanied by a person and is carried under a consignment note or ticket in the form adopted from time to time by the Company;

16. "User" means any person utilising the facilities offered by or on a Vessel;

17. "Vehicle" means, subject to such reasonable restrictions as may from time to time be published by the Company (a list of which restrictions can be found on the Company website), any vehicle (whether self-propelled or not), including, but not being limited to, any commercial vehicle, private vehicle, omnibus, motor coach, trailer, motor car, motorcycle, cycle, baggage trailer, boat trailer, boat, caravan, motorhome and/or all other traffic on wheels or tracks;

18. "Vessel" means any ship, vessel or ferry-boat owned by, or chartered to, or hired/used by the Company in respect of the services.

19. "Standby Queue" means the facility offered at certain ports where a Vehicle can wait in the designated standby area with the aim of joining a sailing if there is sufficient space for that Vehicle to be accommodated. 

b) Interpretation

a) The headings in these conditions are for convenience only and shall not affect their interpretation.

b) In these conditions, a general condition shall not be restricted in its application by express special conditions and the interpretation of general words shall not be restricted by being preceded by words indicating a particular class of acts, matters or things or being followed by particular examples.

c) In these conditions, words importing the singular only shall include the plural and vice versa; words importing any gender shall include the other genders; words importing natural persons shall include corporations and vice versa; and words importing the whole shall be treated as including a reference to any part thereof.

d) Any reference to a statute, convention, protocol, code, regulation, publication or order in these conditions shall be construed as a reference to that statute, convention, protocol, code, regulation, publication or order as amended, re-enacted, modified or extended by other provisions at the relevant time and time to time; shall be construed as including references to any provision of which they are re-enactments (whether with or without modification); and shall be construed as including references to any order, instrument, regulation or other subordinate legislation made pursuant to or as a result of them.

e) Any reference to a condition shall be to the appropriate provision of these conditions.

f) If any provision of these conditions shall to any extent be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not consequently in any way be affected or impaired and each of the provisions of these conditions shall be valid, legal and enforceable to the fullest extent permitted by law.

g) Any concession or latitude allowed by the Company to passengers, shippers, and users at any time shall not affect the Company's rights under the provisions of these conditions or release passengers, shippers and users from liability in respect of such provisions.

c) Carriage undertaken

a) Passengers, luggage, goods, commercial vehicles, unaccompanied vehicles and/or livestock shall be accepted for carriage and shall be carried by the Company under these Conditions which, subject to the Athens Convention and other provisions of the law of Scotland, and subject to the Hague Visby Rules to the extent that they are incorporated into these conditions, restrict the liability of the Company for the death of or injury to such Passengers and/or restrict and in certain circumstances exclude the liability of the Company for the loss of or damage to such luggage, goods, commercial vehicles, unaccompanied vehicles and/or livestock occurring on the Vessels and/or in the context of the Services.

b) These conditions shall apply at all times when the vessels and/or vehicles owned or hired by, or chartered to, the 'Company' are used in the context of the services and/or during all loading and unloading operations at assembly areas, roll- on/roll-off terminals, piers and slipways whether or not these are owned, managed or used by the Company and during trans-shipment between vessels generally and into and from ferryboats whether or not these are owned, managed or use by the Company.

d) Principal Forms of Contract of Carriage

The following shall comprise the principal forms of contract of carriage which the Company undertakes and to which these conditions apply: -

1. The carriage of a Passenger: The carriage of a private vehicle upon a private vehicle ticket and/or an item of goods which when accompanied by a Passenger is carried as luggage or cabin luggage.

2. The carriage of a commercial vehicle upon a commercial vehicle ticket: The shipment and carriage of any item of goods, unaccompanied vehicle and/or livestock under a consignment note in the form adopted from time to time by the Company.

e) Agency in respect

Where a single ticket is issued in respect of a number of Passengers travelling in a group, the person to whom the ticket is issued shall be held to have contracted with the Company as agent for and on behalf of all the Passengers in the group travelling on that ticket, such that all such Passengers shall be deemed to have entered into a contract of carriage with the Company subject to these conditions and the person to whom the ticket is issued shall be deemed to have warranted that he has authority so to contract on behalf of all of the Passengers travelling on such ticket.

f) Deemed ticketing or deemed consignment

If, owing to any cause whatsoever, any item of goods, vehicle and/or livestock is carried without a private vehicle ticket or a commercial vehicle ticket or a consignment note as appropriate being issued, the Company shall only be liable to and shall only carry and/or deliver the same subject to these conditions just as if a private or commercial vehicle ticket or consignment note containing reference to these Conditions had been issued by the Company to the relevant Owner.

CONDITIONS IN RESPECT OF VESSELS/SERVICES

LIABILITY

REGULATIONS IN RESPECT OF DANGEROUS GOODS AND SUBSTANCES

General Matters

24. Ticketing Conditions

The following, which are subject to such reasonable restrictions and changes as may from time to time be published by the Company (a list of which restrictions and changes can be found on the Company website).

25. Governing Law

These Conditions and any contracts of carriage entered into by Passengers, Shippers and Users with the Company shall be governed by the law of Scotland (including, but not being limited to, any international convention, protocol, code or order incorporated into the law of Scotland) and the Scottish courts shall have exclusive jurisdiction in respect of any dispute arising from such Conditions and/or contracts of carriage.

NOTICE OF ALL OF WHICH IS HEREBY GIVEN.

CalMac Ferries Limited Head and Registered Office:

The Ferry Terminal, Gourock, PA19 1QP; Scotland

Conditions of carriage

Ahead of buying a ticket, you must read and agree to these Conditions to ensure the safety and satisfaction of our customers and staff.