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1 Definitions and Interpretation

1.1 In these Conditions:

• “Athens Convention” means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974, as from time to time modified, a copy of which is available from the Company upon request;
• “Company” means Condor Limited;
• “liability” includes any liability for injury, death, sickness, loss, damage, cost, expense, detention, delay, misdelivery, actions, proceedings, accounts, claims and demands or any indirect or consequential loss or loss of profit;
• “luggage” means any article or vehicle carried in a ship under a contract of carriage made by or on behalf of a passenger with the Company, other than any unaccompanied luggage or live animal or any article or vehicle carried under a contract primarily concerned with the carriage of goods;
• “Order” means the Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) Order 1998, as from time to time modified or replaced, a copy of which is available from the Company upon request;
• “passenger” means any person carried in a ship under a contract of carriage made by him or on his behalf with the Company or who, with the consent of the Company, is accompanying a vehicle or goods carried under the Company’s conditions of Carriage of Goods by Sea for the time being in force;
• “persons” includes firms and corporations;
• “vehicle” means any motor vehicle, towed caravan or trailer, boat or other craft, motor cycle, motor cycle combination, motor scooter or moped (and the ordinary accessories belonging to it), accompanied by a driver, in respect of which a ticket is issued (other than any vehicle or accessory carried under a contract primarily concerned with the carriage of goods).

1.2 Headings are for convenience only and do not affect the meaning of these Conditions. Unless the context otherwise requires, the singular includes the plural and vice versa and words suggesting a gender include every gender.

2 Application of these Conditions

2.1 The Company enters into contracts of carriage, issues all tickets, and accepts and carries passengers, luggage and vehicles, only on and subject to these Conditions.
2.2 The provisions and limitations of the Athens Convention and the Order are incorporated in these Conditions and the provisions and limitations of the Order shall have effect whether or not the relevant carrier has its principal place of business in the United Kingdom.
2.3 Where these Conditions conflict with any mandatory provision of law which governs the contract of carriage or of any applicable international convention the provisions of that law or convention prevail.
2.4 Where any applicable law or convention imposes or permits to be imposed any limits upon the liability of the Company these Conditions incorporate those limits.
2.5 Where passengers, luggage or vehicles are carried under a contract of carriage made on their behalf by some other person, that person shall be deemed to have the authority of the passengers to contract, and to have contracted, with the Company on the terms of these Conditions.
2.6 These Conditions, together with any booking conditions relating to the contract of carriage, are intended to contain all the terms of the contract of carriage between the Company and the passenger. Any waiver or variation of these Conditions, or the contract of carriage of which they form part, must be recorded in writing or, if agreed verbally, confirmed in writing.
2.7 Passengers must comply with all reasonable regulations and instructions made or given by the Company, the master of the ship, or any member of the ship’s crew.

3 Liabilities of the Company and its employees and agents

3.1 The Company shall be liable in accordance with the provisions and limitations of the Athens Convention and the Order, whether or not the relevant carrier has its principal place of business in the United Kingdom.
3.2 The Athens Convention in most cases limits the liability of the Company (or other carrier) for death or personal injury or loss or damage to goods (including vehicles) and makes special provision for valuables.
3.3 The Athens Convention presumes that luggage has been delivered undamaged unless written notice is given to the Company (or other carrier):

• (a) in the case of apparent damage, before or at the time of disembarkation or re- delivery; or
• (b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or re-delivery or from the time when such re-delivery should have taken place.

3.4 Any action for damages arising out of the death of or personal injury to a passenger or for the loss of or damage to luggage shall be time-barred after a period of two years. The limitation period shall be calculated as follows:-

• (a) in the case of personal injury, from the date of disembarkation of the passenger;
• (b) in the case of death occurring during carriage, from the date when the passenger should have disembarked, and in the case of personal injury occurring during carriage and resulting in the death of the passenger after disembarkation, from the date of death, provided that this period shall not exceed three years from the date of disembarkation;
• (c) in the case of loss or damage to luggage, from the date of disembarkation or from the date when disembarkation should have taken place, whichever is later. The law of the court seized of the case shall govern the grounds of suspension and interruption of limitation periods, but in no case shall an action be brought after the expiration of a period of three years from the date of disembarkation of the passenger or from the date when disembarkation should have taken place, whichever is later.

3.5 The Company (or other carrier) shall not be liable for the loss of or damage to moneys, negotiable securities, gold, silverware, jewellery, ornaments, works of art, or other valuables, except where such valuables have been deposited with the Company (or other carrier) for the agreed purpose of safe-keeping in which case the Company (or other carrier) shall be liable up to the limit provided for in the Athens Convention unless a higher limit is agreed upon in writing between the passenger and the Company (or other carrier).
3.6 Where the Athens Convention permits the Company (or other carrier) to apply a deductible to any claim, the Company (or other carrier) may apply that deductible.
3.7 Subject always to the provisions of the Athens Convention, the Company shall not be liable for any loss, damage or expense suffered by or relating to passengers, luggage, vehicles or animals however caused.
3.8 Subject always to the provisions of the Athens Convention, every right, exemption, limitation, condition and liberty contained in these Conditions shall extend to protect every employee, agent, independent contractor or performing carrier of the Company acting within the scope of his employment and the ship and every owner, charterer and operator of the ship. The Company acts as agent or trustee on behalf and for the benefit of all such persons and they shall, for the purposes of these Conditions, be parties to any contract covered by these Conditions.

4 Contracts of through-carriage

4.1 Where passengers, luggage or vehicles are carried under a contract of carriage or through-carriage, these Conditions shall apply between the passengers and the Company throughout the whole carriage whether the passengers, luggage or vehicles are carried at a particular time by the Company or by some other carrier or person.
4.2 A person who enters into a contract of carriage or through-carriage with the Company on behalf of any passenger shall indemnify the Company against all liabilities by reason of such contract not incorporating these Conditions.
4.3 The Company is authorised to employ or contract with other performing carriers or persons to carry passengers, luggage or vehicles on the terms of these Conditions or on such other conditions as the Company considers fit.

5 Variations in services

5.1 A ship may sail with or without a pilot, make trial trips and adjust compasses.
5.2 A ship may tow or assist ships in all situations.
5.3 A ship may carry goods of any kind, dangerous or otherwise, and sail armed or unarmed.
5.4 A ship may, where reasonably necessary, use any port or ports in any order for any purpose whether or not forming part of the advertised route.
5.5 A ship may, where reasonably necessary, carry passengers, luggage or vehicles to any port or ports beyond their chosen port of destination even though the ship may have called at such port of destination and/or discharged other passengers or luggage or vehicles or goods there.
5.6 A ship may, where reasonably necessary, carry passengers, luggage or vehicles back to their chosen port of destination and tranship passengers, luggage or vehicles for that purpose onto any ship to land.
5.7 The Company may, where reasonably necessary, accommodate or store passengers, luggage or vehicles at any port or place and/or carry the same to their port of destination by any ship whether or not belonging to the Company by any route.
5.8 The Company may drydock any ship or craft with or without luggage or vehicles on board.
5.9 The Company may carry luggage or vehicles on deck or in any part of a ship.
5.10 Any exercise of the rights mentioned in this Condition 5 is on and subject to these Conditions, forms part of the contract of carriage relating to passengers, luggage or vehicles and does not constitute a breach of any contract between the Company and passengers.

6 Sailing times

6.1 Where reasonably necessary, a ship may leave before or after the advertised time.
6.2 A sailing may, where reasonably necessary, be cancelled with or without notice notwithstanding any bookings or reservations previously made.
6.3 The Company may, where reasonably necessary, dispatch any ship with or without any passenger, luggage or vehicle booked or reserved to travel.
6.4 The Company may, where reasonably necessary, convey any passengers, luggage or vehicle on such date and at such time and in such ships as the Company may reasonably decide even though they may have been booked for a particular ship or for a sailing at a particular date or time.

7 Refusal to carry and refunds

7.1 The Company may, where reasonably necessary, refuse to convey any passenger, luggage or vehicle, even though it may have previously agreed to carry the same.
7.2 Any refund or partial refund of a fare shall, unless otherwise stated in these Conditions or in the booking conditions of the Company, be made at the discretion of the Company.
7.3 A refund will not be payable if the Company’s refusal to carry a passenger is due to the inability of the passenger, luggage or vehicle to land at or enter any port or place or the passenger’s failure to state the correct length, height and gross laden weight of any vehicle upon booking or any other default or neglect of the passenger.
7.4 No refund will be given in respect of passengers removed from the ship due to abuse of alcohol or drugs or unruly behaviour towards fellow passengers of Company employees.
7.5 No refund will be paid unless the application is submitted together with the ticket within six months of the date of the ticket.
7.6 No refund will be made for lost, stolen or destroyed tickets.
7.7 The Company may deduct a reasonable administrative charge from any amount refunded.

8. Accommodation

8.1 If a reserved seat, berth or other accommodation is not available to the passenger for whom the reservation was made or a ticket was issued, or there is insufficient accommodation, the Company shall refund any sum which has been paid by the passenger in accordance with Condition 7, but shall not incur any other liability for failure to carry the passenger by a particular ship or to provide the reserved seat, berth or other accommodation.
8.2 Where it is reasonable to do so and the passenger consents, the Company may transfer any passenger from any seat, berth or other accommodation reserved by that passenger to another seat, berth or other accommodation of the same class and price.
8.3 A passenger in single occupancy of a shared cabin containing more than one berth shall not raise any objections to other persons of the same sex being reasonably accommodated in that cabin.
8.4 Any passenger who occupies a class of seat, berth or other accommodation superior to that reserved or for which a ticket was issued will, unless otherwise agreed by the Company’s authorised personnel, be required to pay the difference between the fare for the class of seat, berth or other accommodation used and that reserved or for which a ticket was issued.
8.5 Passengers using any services or materials available on any ship do so at their own responsibility and (unless otherwise stated) expense.

9 Medical Conditions, Disability and Pregnancy

9.1 Any passenger suffering from a known or suspected medical condition which makes sea travel inadvisable on medical grounds, including a passenger who is disabled or more than 28 weeks pregnant, is required to notify the Company of that condition and to produce a valid medical certificate confirming fitness to travel.
9.2 The Company will not accept any passenger for carriage who is more than 34 weeks pregnant.
9.3 The Company may at its discretion refuse to carry any passenger referred to in Condition 9.1 on any ship or at all even though a medical certificate has been produced and, subject always to the provisions of the Athens Convention, the Company shall not be liable for any loss, damage or expense arising from its failure or refusal to carry any such passenger or any passenger refused carriage under Condition 9.2.

10 Unaccompanied Children

10.1 The Company may refuse to carry children who, on the date of travel are under the age of 14 years, unless they are accompanied by a parent, guardian or other adult of 18 years of age or older.
10.2 The Company may, at its discretion, refuse to carry children who on the date of travel are aged 14 or 15 years, unless they are carrying a letter of authority from a parent or guardian and all other documentation reasonably required by the Company.
10.3 Subject always to the provisions of the Athens Convention, the Company shall not be liable for any loss, damage or expense arising from its failure or refusal to carry any children not satisfying the requirements in Conditions 10.1 to 10.2.

11 Matters outside the Company’s control

11.1 If for any reason outside the Company’s control the carriage of passengers, luggage or vehicles to their chosen port of destination in the ship on which the passengers have embarked, or their disembarkation from such ship, is prevented or hindered the Company may at any time:

• (a) cancel the voyage,
• (b) alter the advertised route,
• (c) delay the ship at or off any port or place,
• (d) put onto any ships or land the passengers, luggage or vehicles at any port or place and forward the same to their port of destination by any ship whether or not belonging to the Company by any route, and, subject to the provisions of the Athens Convention, without being liable for any loss, damage or expense sustained by the passengers, luggage or vehicles.

12 Tickets and Boarding Cards

12.1 Where the journey is not continuous, tickets do not (unless otherwise specifically stated in the Company’s booking conditions from time to time in force) include the cost of transfer between any terminals of the carriers, or between any stations, coaches and ships, and the respective carriers are not bound to undertake such transfer.
12.2 Passengers must produce a valid ticket or boarding card (subsequent to check in) within a reasonable time of being asked to do so by an employee or agent of the Company.
12.3 If a passenger fails to produce a valid ticket or boarding card within a reasonable time he shall pay the full fare for the journey.
12.4 Any cancellation will be subject to the Company’s standard cancellation charges stated in the Company’s booking conditions.
12.5 If a passenger fails to take the outward journey, the return journey will be automatically cancelled but may be rebooked, subject to availability and subject to the Company’s booking conditions. If the return journey is no longer available, an alternative journey may be booked or a refund may be given in accordance with these Conditions.
12.6 Open tickets are valid only for the specified journey tariff and validity period and are not valid for travel unless dated in advance for the relevant journey by the Company.

13 Cost of Carriage

13.1 The rates for carriage include port taxes, but any Customs, excise or other duties and expenses shall be borne by the passenger.
13.2 If the currency stated in the ticket is devalued against the currency normally applied by the Company or there is any increase in fuel or other costs subsequent to the issue of the ticket the Company reserves the right to increase the fare by such amount as is required to ensure that the fare remains the same in the currency normally applied by the Company or after taking account of such increase, as the case may be.

14 Luggage Allowance

14.1 15 kg of personal accompanied luggage may be carried by all foot passengers. Camping, filming, radio transmitting, surfing and windsurfing equipment, commercial samples and musical instruments shall be charged and paid for at the rates from time to time applicable. Only hand baggage may be carried by day trip passengers.
14.2 Luggage properly packed in and not protruding from vehicles may also be carried free of charge.
14.3 Any luggage not mentioned in Conditions 14.1 and 14.2 may be carried by special arrangement with the Company.
14.4 The passenger must arrange the placing on board or removal of any luggage brought with him and must ensure that luggage does not block passenger escape routes or access to safety equipment.

15 Liens on Luggage

15.1 The Company may excise a lien on any passenger’s luggage for all unpaid moneys due from that passenger to the Company.

16 Packing of Luggage

16.1 All luggage shall be properly packed by the passenger and the Company shall not be liable for any loss, damage or expense arising from the passenger’s failure to comply.
16.2 The Company may refuse to accept luggage which is improperly packed or labeled or shows signs of damage.

17 Acceptance and Delivery of Luggage entrusted to the Company

17.1 The Company shall not be liable for items entrusted to and accepted by it for carriage as luggage which are not luggage, except upon proof that the Company accepted such items knowing that they were not luggage.
17.2 The Company may deliver any luggage entrusted to it upon reasonable evidence of title. In the absence of reasonable evidence the Company may refuse to deliver the luggage and hold it at the sole risk of the passenger and/or owner. In any such case, the Company shall have no liability for delivery of the luggage.

18 Carriage of Luggage entrusted to the Company

18.1 The Company will deliver luggage entrusted to it within a reasonable time and subject to these Conditions, but the Company does not undertake to carry that luggage on the same ship by which the passenger travels or to deliver it at its destination at any particular time unless expressly agreed with the passenger.

19 Unclaimed Luggage entrusted to the Company

19.1 If any luggage entrusted to the Company for loading, unloading or carriage on or from the ship remains unclaimed on arrival at its destination, the luggage may be stored by the Company in an appropriate warehouse until called for and the Company may make a reasonable charge for storage.
19.2 The Company shall not be liable for loss of or damage to luggage stored as described in Condition 19.1.
19.3 Notwithstanding the provisions of condition 19.2, in the event that the Company is held to be liable for loss of or damage to luggage stored, such liability shall be limited to the limits set out in the Athens Convention and any other applicable international convention or national law.
19.4 The Company may open and examine the contents of any luggage at any time, and may without incurring any liability remove or destroy any portion of it which in its reasonable opinion might cause injury, inconvenience or nuisance to persons or damage to property.
19.5 The Company may sell or dispose of any perishable articles contained in any luggage if it reasonably considers it advisable to do so and in such case may deduct its charges and expenses from the proceeds of sale.
19.6 If any luggage is not removed within three months from the date on which it is received into the warehouse, the Company may sell it and out of the proceeds of sale retain all moneys due to it from the owner and all expenses incurred by it in connection with the storage or sale of the luggage. If the Company believes that the value of the luggage will be insufficient to cover any moneys due to it and/or the cost of sale the Company may dispose of the same as the Company thinks fit.

20 Customs Examination of Luggage

20.1 Passengers must in all cases personally attend any examination of their luggage by the customs authorities whether entrusted to the Company or not. The Company shall not in any circumstances be liable for any loss, damage or expense arising out of its failure or refusal to carry or other consequences with the passenger’s failure to comply with the requirements of the customs authorities.

21 Lost Property

21.1 The Company shall not be liable for any loss, damage or expense however caused to any luggage or other property (other than unclaimed luggage entrusted to the Company) left on the Company’s premises or ships. The Company may deal with any such lost luggage or property in the same way as it may deal with unclaimed luggage entrusted to the Company under these Conditions.
21.2 All luggage and other property found by a passenger in or on the Company’s ships or premises is in the possession of the Company and must be given immediately to one of the Company’s employees.

22 Dangerous Goods

22.1 The Company will not accept on board any ship dangerous goods for carriage except in special circumstances and under special conditions.
22.2 All dangerous goods specified in the Maritime Code for Dangerous Goods published by the International Maritime Organisation (IMO), a copy of which is available from the Company upon request, or specified in any national laws or regulations of the Company, must be declared in writing before being offered for shipment and prior authority of the Company must be obtained for the shipment of all such goods.
22.3 Inflammables (including matches), explosives, corrosives, firearms, and all other articles which may involve undue risk must not be packed in luggage.
22.4 Passengers must advise a member of the Company’s staff at check-in that they wish to take a weapon and/or ammunition (including replicas) on board. The Company will then make the necessary arrangements to hand it to the ship’s Master for safekeeping. On leaving the ship the weapon and/or ammunition will be returned to the passenger.

23 Animals

23.1 Animals, with the exception of certificated sensing dogs, must not be taken into any passenger accommodation.
23.2 Animals being carried under the terms of the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 (PETS), must be carried in a vehicle. Animals will be refused carriage if the documentation appears to be incorrect, but acceptance for carriage by the Company gives no warranty that the documentation is correct. The Company shall not be liable for any loss, damage or expense arising from its failure or refusal to carry any such animals or the consequence of incorrect documentation.
23.3 Animals being carried other than under the terms of PETS, must travel in a vehicle, paw proof container or cage provided by the passenger on the vehicle deck or other part of the ship set aside for animals.
23.4 Accompanied access to the vehicle deck while the ship is at sea is subject to approval by the ship’s Master. Unaccompanied access to the vehicle deck whilst the ship is at sea is strictly forbidden.
23.5 The Company shall not be liable for any loss, damage or expense suffered by or relating to the carriage of animals however caused.

24 Detention of a Vehicle by Customs or Other Authorities

24.1 The Company shall not be liable for any loss, damage or expense arising out of its failure or refusal to carry any vehicle or goods in connection with the detention of such vehicle or goods on account of the application of customs, government or other authorities.
24.2 During such detention, the Company will hold the vehicle or goods at the owner’s expense and sole risk.

25 Failure to deliver

25.1 If the passenger or owner neglects or refuses to take delivery of any vehicle, or if the Company is unable to deliver any vehicle because the passenger or owner has failed to supply any declaration, certificate, or other document in accordance with any customs, government or other laws or regulations at the port of discharge, the Company may re-ship the vehicle if landed and return the same to the port of shipment at the passenger’s and/or owner’s expense on and subject to these Conditions.

26 Access to Vehicles on Board

26.1 A person may only have access to a vehicle on the car deck once it has been loaded with the express permission of the Ship’s Master and provided he is accompanied by an authorised person.

27 Parking of Vehicles

27.1 All vehicles should be parked with the handbrake engaged and left in gear.

28 Petrol and Diesel Fuel

28.1 Passengers shall ensure that the petrol and diesel tanks of their vehicles are not so full as to create a spillage and that the ignition is switched off. Petrol and diesel cans, whether full or empty, shall not be carried except with the Company’s prior authority.

29 Liquefied Petroleum Gas

29.1 Special application must be made in respect of vehicles propelled by liquefied petroleum gas.

30 Hydrocarbon Gas

30.1 Vehicles may carry a small number of cylinders of liquefied hydrocarbon gas for camping purposes provided that:

• (a) the cylinders are declared to the Ship’s Officer-in-Charge;
• (b) the maximum number of cylinders carried in any vehicle shall be three, except in the case of small expendable cartridges hermetically sealed and packed in an outer container, when up to 12 may be carried; and
• (c) all cylinders shall be adequately secured in the vehicle against the movement of the ship.

30.2 Any cylinder found to be leaking, inadequately secured or inadequately connected to an appliance will not be accepted for shipment.

31 Carriage of Boats

31.1 Boats, inflatables and other craft, whether carried on vehicles or trailers, must comply with the provisions of these Conditions for vehicles carrying petrol in their tanks and cylinders of gas.
31.2 Distress signals, flares and other fire equipment must be declared to the Ship’s Master.

32 Liabilities of passengers and/or owners

32.1 The passenger and/or owner shall indemnify the Company against any liability of any kind incurred or suffered by the Company or its employees, agents, independent contractors or performing carriers resulting from:

• (a) the acceptance and/or carriage of any luggage or vehicle in respect of which the passenger and/or owner has not complied with its obligations under these Conditions;
• (b) the passenger, luggage or vehicle being refused permission to land at any port of disembarkation by reason of the application of any laws or regulations as to customs or immigration; or
• (c) any breach by the passenger or owner of any of these Conditions or any failure by the passenger or owner to comply with instructions from time to time given by the Company, its employees, agents, independent contractors or performing carrier or any other neglect or default of the passenger or owner.

32.2 Where legally permitted the passenger shall indemnify the Company in respect of claims made against the Company or its agents, independent contractors or performing carriers by third parties for any liability however caused to the extent that the liability of the Company or its employees, agents, independent contractors or performing carriers to the passenger and such third party may exceed the total liability of the Company or its employees, agents, independent contractors or performing carriers under these Conditions.

33 Insurance

33.1 It is the responsibility of passengers to ensure that they, their vehicles and their luggage are adequately insured prior to accepting these Conditions. Insurance cover may be arranged through the Company on such basis as the Company from time to time considers fit. The Company shall not, subject to the provisions of the Athens Convention, be liable for any loss, damage or expense as a result of the inapplicability or inadequacy of any insurance cover so arranged to or in respect of any damage, loss (including death or sickness of or injury to animals), detention, deterioration, delay, misdelivery or nondelivery of or to passengers or luggage however caused.

34 General

34.1 The provisions of these Conditions are severable and any provisions of these Conditions which are unlawful or unenforceable under any applicable law shall be ineffective without modifying the remaining provisions of these Conditions such that these Conditions shall be valid, binding and enforceable in accordance with their terms.
34.2 No failure by the Company to enforce any provision of these Conditions shall e construed as a waiver of such provisions or of the right of the Company to enforce the same or affect the right of the Company to enforce any other provision of these Conditions.

35 Entry into Force and Modification

35.1 These Conditions replace all earlier terms and conditions of the Company. These Conditions may be modified or amended by the Company at any time without notice.

36 Law and Jurisdiction

36.1 All contracts incorporating these Conditions shall be governed by Guernsey law.
36.2 Where the Athens Convention applies mandatorily an action shall, at the option of the claimant, be brought before one of the courts listed below, provided that the court is located in a State arty to the Athens Convention:

• (a) the court of the place of permanent residence or principal place of business of the defendant; or
• (b) the court of the place of departure or that of the destination according to the contract of carriage; or
• (c) a court of the State of the domicile or permanent residence of the claimant, if the defendant has a place of business and is subject o jurisdiction in that State; or
• (d) a court of the State where the contract of carriage was made, if the defendant has a place of business and is subject to jurisdiction in that State.

36.3 Where the Athens Convention does not apply mandatorily, the Company and the passenger submit to the jurisdiction of Guernsey in respect of all disputes however arising under or in connection with any contract of carriage undertaken subject to these conditions, to the exclusion of the jurisdiction of the courts of any other country.
36.4 After the occurrence of the incident which has caused the damage, the Company and the passenger may agree that the claim for damages shall be submitted to any jurisdiction or to arbitration.