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Terms and Conditions of Carriage
Bay Ferries Limited & Northumberland Ferries Limited
These Terms and Conditions shall be incorporated into the legally binding contract of carriage applicable to all passengers traveling on the vessel MV Fundy Rose (the “Vessel”) in its service between Digby, Nova Scotia and Saint John, New Brunswick “(the Service)”, or travelling on the MV Holiday Island or MV Confederation “(the Vessel)” in their service between Caribou, Nova Scotia and Wood Islands, PEI (the “Service”) and passengers travelling on the Vessels agree to be bound hereby. The attention of the passenger is especially directed to clauses (a), (b), (c), (d), (e) and (k) which contain important limitations on the rights of the passenger to assert claims against the carrier or its affiliates, the Vessel or any of their agents or employees.
- The contract for carriage of the passenger on the Vessel is between the passenger and Bay Ferries Limited or Northumberland Ferries Limited as the case may be (the “Carrier”) which is the operator of the Vessel and the Service, and the carrier under this contract of carriage.
- Neither the Carrier nor the Vessel 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 of 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 Vessel. 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 the operation of the Vessel or the Service. In such event, the amount payable by the Carrier is limited to providing refund of 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 that are cancelled or lost as a result.
- Neither the Carrier nor the Non-Carriers are liable for failure to provide the Service offered to the extent that the Service 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 responsibility themselves for the avoidance of dangerous situations while traveling, and all passengers are expected to ensure that they do not pose a safety risk either to themselves or to others. Passengers shall comply with a 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 have in his/her possession a valid ticket and boarding card.
- Firearms are permitted as per company policy. When checking in at departing terminal please declare firearm with company agent and obtain company 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 vessel you determine that you are not in agreement with the terms and conditions, please contact the carrier immediately and they will arrange for a refund of all fares paid.