These Terms and Conditions of Carriage shall be incorporated into the legally binding contract of carriage applicable to all passengers travelling on the mv Fundy Rose (the “Vessel”) in its service between Nova Scotia/New Brunswick (the “Service”) and passengers travelling on the Vessel agree to be bound hereby.
Particular attention should be directed to clauses (a), (b), (c), (d), (e), (g), (h), (j), (k), (l), (o) and (p) which contain important limitations on the passenger’s right to assert claims against Bay Ferries Limited (the “Carrier”), or its affiliates, agents or employees, or the Vessel.
(a) The contract for carriage of the passenger on the Vessel is between the passenger and the Carrier which operates the Vessel and the Service, and the Carrier under this contract of carriage.
(b) 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 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.
(c) 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.
(d) The Carrier reserves the right to cancel or reschedule any departure:
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.
(e) Neither the Carrier nor the Non-Carriers are liable for failure to provide the Service offered to the extent the Service cannot be provided due to force majeure or other circumstances beyond their control.
(f) Booking is subject to availability. Any special offers may not be combined with any other forms of specials or discounts.
(g) Passengers must be checked-in and available for boarding at least one hour prior to the Vessel’s scheduled sailing time. If you have a reservation but miss the check-in time, we reserve the right to cancel your reservation and place you on our waiting list on a first-come, first-served basis.
(h) 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 travelling, and all passengers must be vigilant as they move about the Vessel, up and down stairwells and on and off the Vessel and 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.
(i) The passenger must comply with the regulations and instructions given by the Master (Captain), crew and staff on behalf of the Carrier.
(j) A Vessel passenger in control of a motor vehicle must operate that motor vehicle in a careful and prudent manner at all times while on terminal property and at all times during Vessel pre-boarding, embarkation, and disembarkation. Notwithstanding any traffic or other direction provided by Vessel crew members, a passenger in control of a motor vehicle must nevertheless and continue to exercise caution to avoid any foreseeable hazards, obstructions, accidents, or collisions. The Carrier shall not be liable in any way for anything caused or contributed to by the failure of a passenger to operate a motor vehicle in such a careful and prudent manner at any time.
(k) Whether or not a passenger has signed a separate Indemnity and Release of Liability in this regard, if a passenger requests Carrier’s assistance with loading and/or unloading and/or discharge of cargo and/or vehicles of any nature to or from the Vessel (including driving):
(l) Passengers must be careful and take all reasonable precautions at all times on any terminal property and at all times on board the Vessel (including but not limited to embarkation and disembarkation). The Carrier shall not be liable in any way for anything caused or contributed to by the failure of a passenger to act in a careful and prudent manner at any time.
(m) Prior to boarding, the passenger must pay the full fare and possess a valid ticket and boarding card.
(n) 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.
(o) Carrier is at liberty to take any action, or impose any requirement or measure at any time by virtue of any requirement or recommendation of any Government arising from public health concerns or which Carrier believes is in the best interests of passengers and the overall population from a public health standpoint. Such measures or requirements may include:
Full compliance with any such actions, requirements, or measures by all passengers is a condition for travelling on the Vessel.
(p) 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 you do not agree with these Terms and Conditions of Carriage, please contact the Carrier immediately to arrange a refund of all fares paid.