ARTICLE I: DEFINITIONS

Baggage means such articles, effects and other personal property with which a passenger is accompanied; including articles worn or carried by the person.

Carrier means Captain Morgan Leisure Limited and its Subsidiary Companies.

Damage includes death, injury, delay, loss, partial loss or other damage of whatsoever nature arising out of or in connection with carriage and other services performed by Carrier incidental thereto.

Passenger means any person, except members of the crew, carried or to be carried in a vessel with the consent of Carrier.

Headings are for convenience only and shall not affect the meaning of these Conditions.

Save where the context otherwise requires, the singular includes the plural and the masculine includes the feminine and vice versa.

ARTICLE II: APPLICABILITY

General

1(a)      These conditions of Carriage apply to all carriage of Passengers and Baggage, performed by Carrier for reward.

  (b)      Passengers shall not be bound by and comply with all regulations and orders made or given from time to time by the Carrier or the Master of the vessel with respect to Passengers and/or their Baggage.

Overriding Law

2       To the extent that any provision contained or referred to herein be contrary to anything contained in any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision.

ARTICLE III: TICKETS

Ticket Prima Facie Evidence of Contract

1      The ticket constitutes prima facie evidence of the Contract of Carriage between Carrier and the Passenger. The Conditions of Contract contained in the ticket are a summary of some of the provisions of these Conditions of Carriage.

Requirement for Ticket

2      A person shall not be entitled to be carried on a vessel unless that person presents a ticket valid and duly issued in accordance with these Conditions.

Loss, etc., of Ticket

3      In case of loss or mutation of a ticket, or part thereof, or non presentation of a ticket, the Carrier may at the Passenger’s request replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to Carrier that a ticket valid for the carriage in question was duly issued.

ARTICLE IV: FARES AND CHARGES

General

1     Fares apply only for carriage from the port at the point of origin to the port at the point of destination.

Taxes and Charges

2      Any tax or charge imposed by government or other authority, or by the operator of a Port, in respect of a Passenger or the use by a Passenger of any service or facilities will be in addition to the published fares and charges and shall be payable by the Passenger.

Increases

3      In the event of any increase in fuel or other costs subsequent to the issue of the Ticket, the Carrier reserves the right to increase the fare by such amount as is required to ensure that the fare remains the same after taking account of such increase.

ARTICLE V: CHECK-IN

The passenger shall arrive at the Carrier’s check-in location and boarding place sufficiently in advance of departure to permit completion of any formalities and departure procedures and in any event not later than the time that may be indicated by Carrier. If the Passenger fails to arrive in time at Carrier’s check-in location or boarding place, Carrier may cancel the space reserved for him or her and will not delay the trip. Carrier is not liable to the Passenger for loss or expense due to the Passenger’s failure to comply with the provisions of this Article.

ARTICLE VI: REFUSAL OF AND LIMITATION ON CARRIAGE

Right to Refuse Carriage

1      Carrier may refuse carriage of any Passenger or Passenger’s Baggage for reasons of safety or if, in the exercise of its reasonable discretion, Carrier determines that: -

  1. such action is necessary in order to comply with any applicable laws, regulations or orders; or
  2. the conduct, age, mental or physical state of the passenger is such as to:
    1. require special assistance of Carrier; or
    2. cause discomfort or make himself or herself objectionable to other passengers; or
    3. involve any hazard or risk to himself or herself or to other persons or to property; or
  3. such action is necessary because the Passenger has failed to observe the instructions of Carrier; or
  4. the Passenger has refused to submit to a security check; or
  5. the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between Carrier and The Passenger have not been complied with; or
  6. the ticket presented by the Passenger:
    1. has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its authorised agent; or
    2. has been reported as being lost or stolen; or
    3. is a counterfeit ticket; or
    4. has been altered by anyone other than the Carrier or its authorised agent, or has been mutilated;

and Carrier reserves the right to retain such ticket.

Limitation on Carriage

1     Acceptance for carriage of unaccompanied children, disabled persons, pregnant women or persons with illness may be subject to prior arrangement with Carrier.

ARTICLE VII: BAGGAGE

Items Unacceptable as Baggage

1(a)     The Passenger shall not include in his or her Baggage:

  1. items which do not constitute Baggage as defied in Article I hereof;
  2. items which are likely to endanger the vessel or persons or property on board the vessel;
  3. items the carriage of which is prohibited by the applicable laws, regulations or orders;
  4. items which in the opinion of the Carrier are unsuitable for carriage by reason of their weight, size or character, such as fragile of perishable items;
  5. live animals, except as provided for in Paragraph 4 of this Article.

(b)     Firearms and ammunition are prohibited from carriage as Baggage.

(c)     The Passenger shall not include in Baggage fragile or perishable items, money, jewellery, precious metals, silverware,

negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.

(d)     If any items referred to in Subparagraph (a) or (b) of this Paragraph are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of Baggage.

Right to Refuse Carriage

2(a)      Carrier may refuse carriage as Baggage of such items described in Paragraph 1 of this Article as are prohibited from carriage as Baggage and may refuse carriage of any such items on discovery thereof.

  (b)     Carrier may refuse to carry as Baggage any item because of its size, shape, weight or character.

Right of Search

3(a)      For reasons of safety and security, Carrier may request the Passenger to permit a search to be made of his or her person and/or his or her Baggage, and may search or have searched the Passenger’s Baggage in his or her absence, for the purpose of determining whether he or she is in possession of or whether his or her Baggage contains any item described in Paragraph 1 above.

Animals

4(a)      Animals such as dogs, cats, household birds and other pets may, with the advance agreement of Carrier, be accepted for carriage.

  (b)     Acceptance for carriage of animals is subject to the condition that the Passenger assumes full responsibility for such animal. Carrier shall not be liable for injury to or loss, sickness or death of such animal.

ARTICLE VIII: SCHEDULES / CANCELLATION OF TRIPS

Schedules

1(a)      Carrier undertakes to use its best efforts to carry the Passenger and his or her Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel.

Cancellation, Changes of Schedule

2(a)      If due to circumstances beyond its control the Carrier cancels or delays a trip or is unable to provide previously confirmed space, Carrier shall either:

  (b)     carry the Passenger on another of its scheduled passenger services on which space is available; or

  (c)     make a refund in accordance with the provisions of Article IX

and shall be under no further liability to the Passenger.

ARTICLE IX: REFUNDS

 

General

1     On failure by Carrier to provide carriage in accordance with the contract of carriage, o where a Passenger requests a change of his or her arrangements, refund for an unused ticket may be made by Carrier in accordance with this Article.

Persons to whom refund will be made

2(a)      Except as hereinafter provided in this Paragraph, Carrier shall make refund to the person who has paid for the ticket upon presentation of satisfactory proof.

  (b)     Except in the case of lost tickets, refunds will only be made on surrender to the Carrier of the ticket.

  (c)     A refund made to anyone presenting the ticket shall be deemed a proper refund and shall discharge Carrier from liability and any further claim for refund.

Refund of Lost Ticket

3    A ticket is lost, refund will be made on proof of loss satisfactory to Carrier, on condition that the lost ticket has not been used, previously refunded or replaced.

ARTICLE X: CONDUCT ABOARD VESSEL

If the Passenger conducts himself or herself aboard the vessel so as to endanger the vessel or any person or property on board, or obstructs the crew in the performance of their duties or fails to comply with any instructions of the crew, or behaves in a manner to which other Passengers may reasonably object, Carrier may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the Passenger.

ARTICLE XI: LIABILITY FOR DAMAGE

1     The limits of liability established by the Merchant Shipping Act (Chapter 234 of the Laws of Malta) as amended from time to time shall apply to carriage regulated by these Conditions.

2     Except to the extent provided in the said Act, or in any other mandatory provision of law, the Carrier, its servants or agents shall not in any circumstances whatsoever be liable for any damage howsoever, whenever or wheresoever the same may have been caused, even though such Damage is wholly or partly due to a wrongful act, neglect of default of the Carrier, its servants or agents.

In particular and without prejudice to the generality of the foregoing: -

  1. 1     the above shall apply whether the Passenger or Baggage were on land or water, or on or in any vessel or in any other place of any kind, and although the Baggage was in the charge of the Carrier, its servants or agents; or
  2. 1     the Carrier shall be entitled to the benefit of every right, exemption, limitation, condition, and liberty which may be applicable to the Carrier by virtue of the said Act or any other law or otherwise howsoever and every right, exemption, limitation, condition and liberty contained in these Conditions or applicable as aforesaid, shall extend to protect every servant or agent of the Carrier, and all such persons shall, for the purposes of the Conditions be, or be deemed to be, parties to any contract covered by these Conditions; and
  3. 1     the Carrier shall not be liable for the act, neglect or default of its servants of agents acting outside the course of their employment.

ARTICLE XII: MODIFICATION AND WAIVER

No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage.

ARTICLE XIII: JURISDICTION

These Conditions of Carriage shall be governed, construed and interpreted in accordance with the Laws of Malta and the competent Courts of Malta shall have exclusive jurisdiction over any dispute arising herefrom.