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Terms and Conditions of Carriage
Bay Ferries Limited & Northumberland Ferries Limited
These Terms and Conditions of Carriage shall be incorporated into the legally binding contract of carriage applicable to all passengers traveling on the mv Fundy Rose, the mv Holiday Island, and/or the mv Confederation (all vessels being hereinafter collectively referred to as the “Vessels”) in their respective services between Nova Scotia/New Brunswick or Nova Scotia/Prince Edward Island (collectively the “Services”) and passengers travelling on the Vessels agree to be bound hereby. Particular attention should be directed to clauses (a), (b), (c), (d), (e) and (k) which contain important limitations on the passenger’s right to assert claims against Bay Ferries Limited or Northumberland Ferries Limited, as the case may be, (the applicable company being defined herein as the “Carrier”), or either of their affiliates, agents or employees, or the Vessels.
- The contract for carriage of the passenger on the Vessels is between the passenger and the Carrier which operates the Vessels and the Services, and the Carrier under this contract of carriage.
- Neither the Carrier nor the Vessels shall be liable for personal injury, illness, emotional distress or death of the passenger arising out of any cause of whatever nature, including but not limited to assault or battery by a crew member, or for loss or damage to the passenger’s luggage, except where the death, personal injury, illness, emotional distress, loss or damage is proximately caused by the negligence of the Carrier or its agents or employees acting within the scope of their employment. Any such liability is limited by operation of and in accordance with the federal Marine Liability Act in Canada.
- The passenger agrees that affiliates of the Carrier and their respective agents and employees (together the “Non-Carriers”) shall have no liabilities, including liabilities arising from the negligence whatsoever to the passenger arising from this contract or the carriage of the passenger on the Vessels. The Carrier confirms its authority to contract on behalf of the Non-Carriers to procure on their behalf these protections and the other protections afforded to the Non-Carriers under this contract.
- The Carrier reserves the right to cancel or reschedule any departure due to insufficient reservations. The Carrier also reserves the right to cancel or reschedule any departure due to force majeure or other circumstances beyond the control of the Carrier that prevent operation of the Vessels or the Services. In such event, the amount payable by the Carrier is limited to refunding the full amount the passenger has paid to the Carrier. Neither the Carrier nor the Non-Carriers are responsible for costs or penalties related to accommodations, other travel, or other services cancelled or lost as a result.
- Neither the Carrier nor the Non-Carriers are liable for failure to provide the Services offered to the extent the Services cannot be provided due to force majeure or other circumstances beyond their control.
- Booking is subject to availability. Any special offers may not be combined with any other forms of specials or discounts.
- The Carrier conducts its operation so as to maintain high levels of safety and security. This does not excuse passengers from assuming personal responsibility for avoiding dangerous situations while traveling, and all passengers must ensure they do not pose a safety risk either to themselves or to others. Passengers shall comply with any request for random check of luggage and/or person when embarking and/or disembarking.
- The passenger must comply with the regulations and instructions given by the Master (Captain), crew and staff on behalf of the Carrier.
- Prior to boarding, the passenger must pay the full fare and possess a valid ticket and boarding card.
- Firearms are permitted as per Carrier policy. Passengers checking in at the departing terminal must declare all firearms with Carrier’s agent and obtain Carrier’s firearm policy.
- It is agreed by all passengers that all claims, actions, disputes and other matters whatsoever arising under, in connection with or incident to this contract, against or involving the Carrier or the Non-Carrier, shall be litigated if at all in and before a court located in Canada to the exclusion of all other courts or forums for adjudication. It is also agreed by all passengers that all such claims, actions, rights, privileges, agreements and disputes shall be solely governed by, and that the contract of carriage (including these terms and conditions) will be solely construed in accordance with, the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to the rules of private international law or conflict of laws.
If at any time before travel on the Vessels you determine you do not agree with these Terms and Conditions of Carriage, please contact the Carrier immediately to arrange a refund of all fares paid.