Terms and Conditions

Direct Ferries Ltd, 16-17 Bride Lane, London, EC4Y 8EE, England together with their affiliates and associates ("Direct").

FREIGHT FERRY BOOKING TERMS AND CONDITIONS

1. Application

These Booking Conditions apply to all bookings of Freight Vehicles through Direct Ferries Ltd. and/or its affiliates and associates (hereafter referred to as "we" or "Direct") and replace all previous conditions.

2. Parties

Your booking for ferry travel does not form a contract with Direct. All bookings are subject to availability and these Booking Conditions apply in addition to the conditions of the Ferry Operator. Direct are not responsible for any errors or omissions of the Ferry Operator and act only as an agent for the Ferry Operator.

If, notwithstanding the above, Direct are held to be the primary contracting party, Direct contracts only in accordance with these Booking Conditions.

The Customer (otherwise referred to as "you") means any person at whose request and/or upon whose behalf a booking is made. Where the person or organisation making the booking is not the Customer, they act as agents for the Customer and accept these conditions on the Customer's behalf. In particular these conditions shall apply to any driver or passengers in a vehicle being the subject of a ferry booking and/or movement.

3. Fares and General Information

Fares are based on vehicle type and dimensions, length width and height, the number of passengers, ferry route(s), travel dates and times. Some bookings cannot be made or purchased on some services without on board accommodation. Your booking may require you to depart and/or return at or within specified dates and times or impose other conditions. If you do not adhere to such specified dates and times or comply with such conditions, you may be refused travel and/or have your booking specification and accommodation changed, and/or be subject to additional charges.

Any additional charges are payable prior to boarding and may be debited to your credit or debit card at any time without further reference to yourself.

Vehicle and passenger space and onboard accommodation are subject to allocation by the Ferry Operator and therefore may not always be available. Certain fares are subject to additional conditions including a general condition that Direct reserve the right to cancel.

Direct retain the right to vary fares according to market conditions or costs which are beyond our control, (including, but not limited to, currency fluctuations, oil prices, increases by the Ferry Operator and government legislation).

Not all Ferry Operators have facilities to accept bookings for people with certain disabilities. Enquiries should be made at the time of booking whether the Ferry Operator has the facilities available.

4. Sailing Schedules

All departure/arrival times are estimated by the Ferry Operator and are given as local times - please refer to your booking confirmation. You are advised to check with the Ferry Operator for any changes prior to commencing your journey. Sailing schedules may be interrupted and/or crossing times extended or cancelled due to adverse weather conditions and/or tidal conditions and/or other circumstances.

It may be necessary to use alternative ships or points of departure or arrival on any sailing or to change/withdraw the facilities/services available for various operational, technical or scheduling reasons.

Direct cannot accept liability howsoever arising for any costs or inconvenience caused as a result of such circumstances, but we will try to notify you, if reasonably practical, using the contact details provided by you at the time of booking.

5. Animals

The carriage of animals is not permitted without the express written agreement of Direct and the Ferry Operator given at the time of booking. Any such carriage must be in accordance with any relevant legal requirements and the requirements of the Ferry Operator concerned. A charge will be made for the carriage of any animals, and further conditions may be imposed. Please seek advice from your vet or the appropriate authority. The Customer is legally responsible for the animals and wholly responsible for obtaining any necessary documents, consents and permission.

6. Freight Vehicles

For the purposes of these conditions, any vehicle specifically constructed or adapted for the carriage of freight whether carrying goods or not, or any vehicle (including cars and vans) which is travelling for a commercial purpose is designated as a Freight Vehicle. In the event that a vehicle is booked as a car or private vehicle, but is found to be a Freight Vehicle, the full Freight Vehicle rate will be charged and/or carriage will be refused without refund.

In addition, any vehicle which is in the opinion of, or is in accordance with the conditions of, the Ferry Operator classified as a freight or commercial vehicle will be subject to the appropriate freight or commercial vehicle rate.

Vehicles constructed or adapted to carry 8 or more passengers, vehicles carrying commercial passengers and/or passenger vehicles not classified as private vehicles by the Ferry Operator may be subject to commercial passenger rates. In the event that the vehicle is booked as a car or private vehicle, but is found to be a commercial passenger vehicle the full applicable rate will be charged and/or carriage will be refused without refund. Commercial passenger vehicles shall be otherwise treated as Freight Vehicles for the purposes of these Booking Conditions. Separate tariffs may apply to Commercial passenger vehicles .

It is the obligation of the Customer to fully and truthfully declare the identity and characteristics of their vehicle. Direct are not responsible for any failure by the customer to properly declare their vehicle and number of passengers including the driver. In particular, vehicle dimensions must be properly identified. In the event that the length of a vehicle of under 20 metres in length is incorrectly declared, it shall be treated and charged on the basis of an 20 metre vehicle.

7. Hazardous Materials and Dangerous Cargo

Direct will not accept bookings for vehicles that are carrying dangerous or hazardous materials, including in certain circumstances vehicles powered by LPG, unless written permission has been obtained from Direct and the Ferry Operator, and such permission may be subject to additional charges and conditions. The Customer is responsible to Direct and the Ferry Operator for the carriage of such materials, whether declared or undeclared. In the event that the Customer seeks to carry undeclared dangerous/hazardous materials, carriage may be refused without refund. Carriage of hazardous or dangerous cargo shall at all times be at the sole risk of the Customer, and the Customer fully indemnifies Direct and the Ferry Operator in respect of the consequences of the carriage thereof.

8. Confirmation and Payment

Unless a credit account has been established all bookings must be prepaid at time of booking before a confirmation is issued. Payment can be made by credit or debit card.

When you contact Direct to make a booking we require full payment whereupon we issue a confirmation advicethat sets out the details of your reservation and provides other information on the basis of the information you have provided.

If payment is made by credit card or debit card additional card charges will apply and the amount or balance due will be taken from that card at the time of booking.

Once details have been confirmed to you either by electronic confirmation via our website or by email or telephone or fax, a confirmation based on these booking conditions will be deemed to have come into effect between us without issuing tickets.

In the event that in accordance with these Booking Conditions any additional charges are due to Direct and/or the Ferry Operator (including any additional charges due in accordance with the Ferry Operators' conditions) the Customer hereby authorises Direct to deduct such charges from the credit or debit card used to make the booking and/or the credit account applicable.

9. Cancellation and Amendments

A minimum charge of £25 (UK) and €35 (EU) is made for each and every cancellation. There is no charge for amendments unless the amended booking results in higher charges and/or any charges from the Ferry Operator.

Booking amendment is entirely at the discretion of Direct and the Ferry Operator and subject to availability. Some bookings are not amendable and you should check with Direct at the time of booking whether your booking is amendable or not.

10. Check in

Your minimum check in times are as stated on the booking confirmation otherwise boarding cannot be guaranteed as waiting lists may have been accepted. If you have special requirements, or have received our permission to carry animals or dangerous goods, generally you are expected to check in earlier as stated on your booking confirmation.

The Ferry Operator and Direct have absolute discretion whether or not to accept any passenger, or their vehicle or luggage on board. You must have all the necessary travel documents to enter the countries which you intend to visit and for re-entry into the country of departure.

If you do not have valid documents you will not be able to board. It is the entire responsibility of the Customer to access and provide the relevant documentation required to travel.

11. Indemnity

The Customer is responsible to Direct and the Ferry Operator for fully complying with these Booking Conditions and any additional requirements imposed by the Ferry Operator or by law. The Customer is also responsible for providing full and accurate information about their booking, including the vehicle and passengers.

It is furthermore an express requirement that all vehicles, cargo and goods presented for carriage on board the ferry (including any storage and waiting time prior to loading and after discharge) are free from defects (ie in all respects safe, secure, adequate and suitable for carriage).

The Customer will indemnify Direct and/or the Ferry Operator in the event of any breach or any false or omitted information, or any defect in the vehicle, cargo and goods.

The Customer will indemnify Direct and/or its employees, servants, agents or sub-contractors in respect of any claims being brought in excess of any prescribed liability under these Conditions or against any claim brought by the Ferry Operator arising out of breach of these Conditions or the Ferry Operator's Conditions by the Customer.

Any additional port or harbour dues or any charges, taxes or duties howsoever arising payable by the Customer and/or payable in respect of the vehicle (including, but not limited to, additional charges levied as a result of the detention of examination of the vehicle or cargo) shall be the responsibility of the Customer, who shall fully indemnify Direct in the event that we are called upon to pay or contribute to such sums by the Ferry Operator or any other authority or organisation.

Insofar as Direct has possession or control, Direct shall have a general lien on any vehicle, cargo or documents relating thereto and to which these conditions apply, in respect of all sums due from the Customer to Direct howsoever arising.

12. Liability and Limitation

Direct shall have no liability to the Customer or any other party to a booking or ferry movement save insofar as such arises as a direct result of the personal negligence of Direct or it own servants or agents.

Direct shall have no liability for consequential or indirect loss, including loss of profit, howsoever arising.

In any event, Direct shall have no liability to the Customer or any other party arising out of these conditions (whether such claims be brought in contract or in tort) for sums in excess of the ferry fare charged in respect of the movement.

Direct shall alternatively have the benefit of any limitation in the Ferry Operators' conditions, where applicable.

The Customer warrants that no claim such be brought against any employee, servant, agent or sub-contractor of Direct. In the event that such claims are however brought, all such employees, servants, agents or sub-contractors shall have the full benefit of the exceptions and exclusions in these conditions.

13. Compulsory Law

If any legislation including any international convention or law is compulsorily applicable to the business relationship between the Customer and Direct or the Ferry Operator, these Booking Conditions shall be read as subject to that legislation and nothing in these Booking Conditions shall be treated as a waiver by Direct or the Ferry Operator of any rights, immunities or exclusions granted to them under such legislation, including any rights to exclude or limit their liability. These Booking Conditions shall be overridden only insofar as is necessary to put into effect the provisions of such compulsory legislation and no further.

14. Jurisdiction and Law

These Booking Conditions and any act or contract to which they apply shall be governed by English Law and any dispute arising therefrom shall be subject to the non-exclusive jurisdiction of the English Courts.

15. Severability

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.