Conditions of Carriage

CONDITIONS OF CARRIAGE
NORTHLINK FERRIES
As from 1st of March 2024

YOUR ATTENTION IS DRAWN TO THESE CONDITIONS WHICH YOU SHOULD READ PRIOR TO MAKING A BOOKING OR ENTERING INTO ANY CONTRACT WITH NORTHLINK FERRIES

NOTICES:

These Conditions of Carriage (“the or these Conditions”) of Serco Ltd operating as NorthLink Ferries (“NorthLink Ferries”) are incorporated within and form part of any and all contracts of carriage entered into with NorthLink Ferries.
A number of policies are available on the NorthLink Ferries website at www.northlinkferries.co.uk. Passengers should ensure they are familiar with all policies which are relevant for their booking. Accessible formats are available upon request.
The liability of NorthLink Ferries for the carriage of Passengers, Luggage and vehicles is restricted and in certain circumstances excluded. Passengers are directed to sections 12 – 15 of the Conditions in particular.
The liability of NorthLink Ferries for the carriage of Goods, Unaccompanied Vehicles and livestock is restricted and in certain circumstances excluded. Shippers are directed to sections 16 – 17 of the Conditions in particular.
Other than those used by Passengers with disabilities or reduced mobility, Owners and any person presenting any vehicles or other mode of transport which is wholly or partially powered by battery must declare this to NorthLink Ferries no later than the time of presentation at check-in. By such presentation for check-in the Owner and such person warrant that the vehicle or other mode of transport is of a standard specification manufactured by a reputable and recognised manufacturer, and that the battery is not or has not been damaged and is in all respects safe and suitable for carriage on the Services. E-bikes and E-Scooters must be stowed on the vehicle deck of Vessels and may not be charged on board. Owners are directed to section 11 of the Conditions in particular.
Those making bookings for a group of Passengers are directed to the responsibility that brings in terms of section 5 of the Conditions in particular.
NorthLink Ferries reserve the right to recover from any Passenger or Shipper, either by deduction from the debit/credit card used for the booking or by invoice, the vouched cost of remediation, repair or replacement of any damage sustained to our property due to any malicious, wilful or negligent act of any Passenger, Shipper or pet for which they are responsible. Without prejudice to any other provision of these Conditions, NorthLink Ferries reserves the right to prohibit such Passenger or Shipper from future travel on the Services until payment for such cost has been paid to NorthLink Ferries.
You are advised to purchase insurance for your use of the Services taking into account these Conditions.
This Notice forms part of these Conditions.

1. Definitions

In these Conditions:-

(a) ”the Athens Convention” means the Convention relating to the Carriage of Passengers and their Luggage by Sea adopted at Athens in 1974 as modified and re-enacted, or Regulation (EC) No 392/2009 of the European Parliament of the Council of 23 April 2009 on the Liability of Carriers of Passengers by Sea in the Event of Accidents, whichever is applicable to the particular contract of carriage with NorthLink Ferries. The Athens Convention provides a liability regime for passenger ships with regard to passengers and their luggage. There are financial limits of liability for carriers in respect of claims brought by passengers.

(b) “Commercial Vehicle” means, when accompanied by a driver: (i) buses, lorries, vans, commercial trailers and any other vehicles typically used for the carriage of goods or with the carriage of fare paying customers; and (ii) any other vehicle taken onto a Vessel for or in connection with any trade or business.

(c) “Customer Service Centre” means the team at NorthLink Ferries dedicated to processing bookings and other customer queries. They can be contacted by telephone on 08001114422 or 01856885500, by email to [email protected] or by post to NorthLink Ferries, Ferry Road, Stromness, Orkney, KW16 3BH, United Kingdom.

(d) “Goods” means any articles, items and substances except Luggage, Commercial Vehicles, Unaccompanied Vehicles, other vehicles or livestock.

(e) ”The Hague Visby Rules” means the Rules contained in the International Convention for Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25 August 1924, as amended by the Protocol to amend the said Convention signed at Brussels on 23 February 1968. The Hague Visby Rules impose duties upon the carriers of goods by sea relating to the care of those goods, and in return allow those carriers to limit their liability in respect of any loss or damage to the goods.

(f) “Luggage” means any articles, items, pet animals or vehicles accompanied by a Passenger and carried by NorthLink Ferries under a contract of carriage, excluding:-

any Commercial Vehicle;
any item of Goods and/or Unaccompanied Vehicle (whether or not a Commercial Vehicle) carried under a consignment note issued by NorthLink Ferries; and/or
livestock.

(g) “Owner” means the person who holds themselves out to be the person for whom the relevant contract for the carriage of Luggage, Goods, vehicles, Commercial Vehicles, Unaccompanied Vehicles or livestock is made with NorthLink Ferries and shall include any employee, representative, agent, contractors or sub-contractors of any such person.

(h) “Passenger” means any person travelling on a Vessel whether or not a boarding pass is issued to that person and any person who is entitled to use the Services without charge.

(i) “The Passenger Rights Regulation” means EU Regulation No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterways and amending Regulation (EC) No 2006/2004, which came into force on 18 December 2012, and applies to passengers travelling on NorthLink Ferries’ Vessels as retained EU law, as amended by UK Regulations. It establishes the right of such passengers to information and assistance in cases of cancelled or delayed departures and lays down the right, in certain circumstances, to re-routing or reimbursement in the event of cancelled or delayed departures or compensation in the event of delay in arrival.

(j) “Services” means the services offered by NorthLink Ferries in providing the carriage by sea of Passengers, Luggage, Commercial Vehicles and other vehicles, and the shipment and carriage of any Goods, Unaccompanied Vehicles or livestock in return for payment.

(k) “Shipper” means a shipper of Luggage, Goods, vehicles, Commercial Vehicles and Unaccompanied Vehicles and/or livestock on any Vessel;

(l) “Unaccompanied Vehicle” means any vehicle or trailer which is unaccompanied by a person and is carried under a consignment note by NorthLink Ferries.

(m) ”Vessel” means any ship, vessel or ferry owned by, chartered to, hired or used by NorthLink Ferries in respect of the Services.

2. Application of these Conditions of Carriage

(a) All contracts entered into with NorthLink Ferries in relation to the Services shall be subject to these Conditions.

(b) These Conditions shall apply from the time of entering into a contract with NorthLink Ferries, and at all times during the Services, including all loading and unloading operations and all other periods when Passengers, Luggage, Commercial Vehicles, Goods, Unaccompanied Vehicles or livestock remain on any vessel or other property owned or operated by NorthLink Ferries.

(c) NorthLink Ferries will issue a boarding pass or consignment note in respect of the Services. If any goods, vehicles, passengers or livestock are carried without a boarding pass or a consignment note being issued, these Conditions shall apply in respect of the Services in any event.

(d) No variation of these Conditions shall be of any effect unless duly authorised in writing on behalf of NorthLink Ferries.

(e) If any provision of these Conditions shall to any extent be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired and each of the provisions of these Conditions shall be valid, legal and enforceable to the fullest extent permitted by law.

3. Governing Law

These Conditions and any contracts of carriage entered into by Passengers, Owners and Shippers with NorthLink Ferries shall be governed by the law of Scotland (including, but not limited to, any international convention, protocol, code or order incorporated into the law in force in Scotland) and the Scottish courts shall have exclusive jurisdiction in respect of any dispute arising from these Conditions or any such contracts of carriage.

4. Booking and Boarding Conditions

All bookings made and boarding passes issued by NorthLink Ferries are subject to the following provisions, and to such restrictions and changes as may from time to time be published by NorthLink Ferries (which are available on the NorthLink Ferries website or in an accessible format, upon request)

(a) Prices: Rates shall be available on the NorthLink Ferries website.

(b) Bookings:

NorthLink Ferries shall not take bookings for any Services without prior payment for those Services. The issue of a quotation is not a guarantee of future availability.
Only 1 booking per vehicle per direction per day shall be accepted.
NorthLink Ferries reserves the right to charge an administration fee prior to changing any booking.
Where a booking is made for a return journey and there is a failure to check-in for the outward sailing, the booking in respect of the return sailing shall be cancelled, without entitlement to refund.

(c) Booking Confirmation Number: NorthLink Ferries does not issue tickets. Passengers will be issued with a unique booking confirmation number upon booking. This must be presented at check-in in return for a boarding pass or consignment note, which will be issued either in hard copy or electronically.

(d) Non-Transferability: Booking confirmation numbers, booked vehicle space, booked cabin space, any other bookable space and boarding passes issued are not transferable.

(e) Presentation of Boarding Pass: All Passengers must be in possession of a valid boarding pass at the time of boarding a vessel which they shall exhibit when requested.

(f) Latest Check-in Time: The deadlines for checking-in for Passengers, vehicles and Commercial Vehicles are published by NorthLink Ferries from time to time in respect of each route. Failure to check-in timeously may lead to the Passenger and/or vehicle being refused carriage.

(g) Proof of Identity: NorthLink Ferries shall be entitled in its absolute discretion to refuse to carry any Passenger unable to produce satisfactory photographic proof of their identity.

(h) Refusal of Carriage: NorthLink Ferries shall be entitled in its absolute discretion to refuse to carry any Passenger notwithstanding that such Passenger is in receipt of a valid boarding pass.

(i) Cancellation Charges: Bookings may be cancelled by contacting the Customer Service Centre. The following cancellation charges will apply:

10% of total booking value if cancelled more than 42 days prior to sailing
25% of total booking value if cancelled within 41 to 15 days prior to sailing
75% of total booking value if cancelled within 14 days prior to sailing
100% of total booking value if not cancelled prior to the opening of check-in.

(j) Lost/Mislaid Boarding passes: NorthLink Ferries is under no obligation to replace lost boarding passes or make any reimbursement to Passengers in respect of lost boarding passes or of any sum which may be charged in consequence of the Passenger’s failure to produce a valid boarding pass when required.

(k) Bookable Accommodation: Passengers holding bookings for accommodation including but not limited to, cabins, pods and reclining chairs may be required to vacate the accommodation prior to arrival at the destination, NorthLink Ferries will advise upon boarding. In the event of damage or anything detrimental being caused to the accommodation during use of the Services, the cost of reinstating the accommodation to the required standard will be the joint and several liability of the person who made the booking (regardless of whether that person was a Passenger on the Services) and any occupant of or person present in the accommodation.

(l) Travelling with Children: Children under the age of 16 years must be accompanied by an adult.

(m) Travelling with Pets/Unaccompanied Pets: Pets must be declared at the time of booking and again at check-in, NorthLink Ferries at its sole discretion may refuse the carriage of any pets. NorthLink Ferries offers a range of options for travelling with pets and assistance dogs which must be booked in advance and are subject to availability. With the exception of recognised assistance dogs, pets are restricted to designated areas on the Vessel and must be kept on a lead, harness or other method of physical control when in public areas of the Vessel. The pet owner will accept liability for any loss, damage, incident, costs or injury occasioned to the Vessel, premises or person as a result of their pet’s behaviour/action. Passengers are responsible for providing a bowl, blanket and any other items required for their pet. Unaccompanied pets may be left in the kennel facilities, where they will remain for the duration of the journey. Further details including the rules relating to embarkation/disembarkation with pets and access to the kennel facility during sailing are contained within the Travelling with Pets policy which is available on the NorthLink Ferries website.

(n) Validation of Non-Commercial Tariff: NorthLink Ferries reserves the right to conduct a search of vehicles booked on domestic or reduced commercial rates for the purposes of validating that tariff.

(o) Passenger and Shipper Liability: Passengers and Shippers shall at all times conduct themselves in a manner which does not endanger or threaten any person or property, or cause loss or damage to any property. NorthLink Ferries reserve the right to refuse to carry any Passenger who conducts themself in an inappropriate manner, and in such circumstances NorthLink Ferries shall not be required to refund any payment made for the relevant journey. NorthLink Ferries reserve the right to recover from any Passenger or Shipper, either by deduction from the debit/credit card used for the booking or by invoice, the vouched cost of remediation, repair or replacement of any damage sustained to our property due to any malicious, wilful or negligent act of any Passenger, Shipper or pet for which they are responsible. Without prejudice to any other provision of these Conditions, NorthLink Ferries reserves the right to prohibit future reservations or travel on the Services until payment of such cost has been made to NorthLink Ferries.

5. Responsibility for Group Bookings

(a) Where a single booking is made in respect of a number of Passengers travelling in a group, the person who made the booking warrants that they have authority to and contracts with NorthLink Ferries as an agent for and on behalf of all the Passengers in the group travelling on that booking. Such person and all such Passengers shall thus have contracted with NorthLink Ferries subject to these Conditions and will be jointly and severally liable for any damage occasioned to the Vessel as a result of their use of the Services.

(b) Where a booking is made by a third party in the course of a leisure, business or other commercial activity, the party who made the booking shall indemnify NorthLink Ferries in respect of any loss or damage sustained by NorthLink Ferries through any deliberate or negligent act or omissions of, and any damage caused by any Passenger so booked travelling on that booking.

(c) Any person making a booking for a group of Passengers or any person making a booking for a third party must provide the name and contact details of the individual Passengers travelling in the group to NorthLink Ferries.

6. Inclusive Travel

(a) NorthLink Ferries recognise that accessibility is an issue for a wide range of Passengers with disabilities and provides assistance on the passenger Vessels for disabled Passengers and those with reduced mobility.

(b) The Inclusive Travel Policy for the carriage of disabled Passengers and those with reduced mobility is available on the NorthLink Ferries website.

(c) Should Passengers require additional assistance, it is requested that notice is given to NorthLink Ferries during the booking process and that notice is again given when checking in.

(d) Any discounts which NorthLink Ferries may from time to time allow will only be given on presentation of such documentation as NorthLink Ferries may require.

(e) Any policies or other NorthLink Ferries documentation referred to in these Conditions will be provided in accessible formats on NorthLink Ferries’ website.

7. Variations with Regard to Sailing

(a) NorthLink Ferries carries Passengers in accordance with the provisions of the Passenger Rights Regulation. In the event of a delay in departure of or cancellation of a sailing NorthLink Ferries shall provide information and assistance and advise of the right, in certain circumstances, to re-routing or reimbursement in terms of the Passenger Rights Regulations. The obligations of NorthLink Ferries to Passengers are limited to those which it is subject to under The Passenger Rights Regulation.

(b) Although NorthLink Ferries will make every reasonable effort to carry Passengers and their Luggage, or ship any Goods, vehicle or livestock in the first available Vessel or on a particular day or on a particular route or at a specific time, NorthLink Ferries shall be under no obligation to do so.

(d) Vessels may require to call at various ports in any order on either the outward or the return journey; and/or call at, or may stay at, any intermediate port, whether on or off the customary route, for any reasonable purpose and whether or not such calling is mentioned in any advertisement, sailing schedule or notice.

(e) In matters beyond the control of NorthLink Ferries, including but not limited to weather or sea conditions which risks the safe operation of the Vessel, the congestion or closure of ports, technical defects in or break down of machinery or the Vessel, absence of full facilities for loading, unloading or delivery, the availability of crew or perils of the sea, NorthLink Ferries and the Master of the Vessel shall have the right at any time before or after the commencement of the voyage to cancel, abandon or suspend the voyage, alter, vary or depart from the proposed or advertised or agreed or customary route, delay or detain the Vessel, disembark, and forward, land or store or otherwise account for (as appropriate), Luggage, Goods, vehicles and livestock at any port or place.

(f) NorthLink Ferries and the master of the Vessel shall have the right, acting reasonably, to comply with any orders, directions or advice given by any governmental or other competent authority, or by any persons having the right to do so under the terms of any insurance taken out by NorthLink Ferries. Compliance with any such orders, directions or advice shall not prejudice NorthLink Ferries’ entitlement to receive or retain fares and freight for the affected Services.

8. Carriage of Luggage and Goods

(a) Passengers are permitted only to carry hand-luggage required for their voyage onto the Vessel. Passengers are required to leave large items in either their vehicle or in storage on the luggage trolleys for loading onto the Vessel during the voyage. Such luggage trolleys or any other similar equipment used for the carriage of luggage must not be moved by Passengers without the express permission of NorthLink Ferries staff.

(b) The maximum weight of Luggage which is permitted to be stored on the luggage trolleys is 30kg per Passenger. Irregular sized items or those in excess of 30kg will be carried only at the discretion of NorthLink Ferries and may be subject to an additional charge. Notice of the intention to carry such items must be provided to the Customer Service Centre at the time of booking.

(c) NorthLink Ferries shall be entitled in its absolute discretion, to refuse to carry any vehicle or luggage and/or to receive or ship any item of goods, vehicle and/or livestock notwithstanding that it may previously have agreed to carry, receive or ship the same.

(d) Whilst NorthLink Ferries permits the carriage of vehicles with roof-racks, roof boxes or bicycle racks, operational reasons may require that drivers remove them prior to embarkation and for the duration of the carriage if requested to do so by NorthLink Ferries. The maximum permitted height of a vehicle, inclusive of any roof box, roof boxes or bicycle racks is 2.2 metres. At the time of booking, accurate vehicle dimensions must be provided.

(e) All Commercial Vehicles, trailers, motorhomes or other vehicles over 3.5 tonnes in weight presented for shipment must be fitted with suitable, sufficient and accessible lashing points in compliance with MCA MGN 621 (M+F) Roll-on/Roll-off Ships – Guidance for the Stowage and Securing of Vehicles, or any amendment or replacement thereof, and the provisions of ISO 9367. If lashing points are found to be defective, insufficient or unsuitable, shipment may be refused at the absolute discretion of NorthLink Ferries. There shall be no requirement for NorthLink Ferries to reimburse the freight paid nor any other costs incurred resulting from the refusal to ship.

(f) NorthLink Ferries provides a service for the carriage of bulk bags. The Shipper is responsible for the loading, stowage and discharge of bulk bags under the direction of NorthLink Ferries. The Shipper is responsible for the provision of dunnage. NorthLink Ferries may at its absolute discretion refuse to carry any bulk bags which appear to be damaged. The Shipper shall be responsible to NorthLink Ferries for the cost of removal of any product and all cleaning of the Vessel and anything carried thereon as result of or arising out of any damaged or otherwise inadequate bulk bag.

(g) Freight bookings should be made by contacting the Customer Service Centre. Details of the maximum operating parameters of NorthLink Ferries’ equipment, vessels and shoreside facilities are available on the NorthLink Ferries website.

(h) The Shipper is responsible for ensuring that in the event of freight being unloaded/uplifted, from the Services, attendance and unloads/uplifts of freight are performed timeously to ensure no interruption or delay to NorthLink Ferries’ scheduled timetable is occasioned. NorthLink Ferries shall have the right to recover the cost of any late service penalty or other connected financial loss, incurred by NorthLink Ferries as a result of the delay, from the Shipper.

(i) NorthLink Ferries is under no obligation to send any notice of its receipt of any Goods, Luggage, vehicle or livestock for the purpose of carriage, nor to send any notice of the arrival of any Goods, Luggage, vehicle or livestock subsequent to carriage.

(j) Any Luggage or Goods left after completion of the Services and unclaimed within 14 days of the date of the Services on which the items were left, shall be disposed of in any manner deemed appropriate by NorthLink Ferries. NorthLink Ferries in its sole discretion shall be entitled to immediately dispose of any Luggage or Goods which are used, damaged, or which may pose a health/hygiene risk to any person. In neither case shall NorthLink Ferries have any liability to any party in respect of such disposal.

9. Health and Safety

(a) Passengers are required to pay attention to and comply with all health, safety and security legislation, regulations and guidance, announcements, policies or notices made ashore or on board any Vessel by or on behalf of NorthLink Ferries. Passengers must take care for their own safety whilst on board any Vessel, taking account of sea and environmental conditions.

(b) All safety instructions given by or on behalf of NorthLink Ferries in relation to health, safety and security must be complied with by all Passengers and Shippers. NorthLink Ferries shall be entitled to question any Passenger, or Shipper and undertake reasonable searches of Passengers, Goods, Luggage and vehicles carried or to be carried on their Vessels to ensure the health, safety and welfare generally of its Vessels, Passengers, crew and cargo.

(c) Passengers are not permitted on the vehicle decks of Vessels while at sea unless signage permits, or crew on board direct otherwise. Vehicle occupants must leave their vehicles as soon as they are parked on board. Passengers shall not be allowed access to any vehicle after completion of loading.

(d) For reasons of privacy and health and safety, Passengers are prohibited from taking photographs or videos of any person on board a Vessel without their consent, or when on the vehicle decks of a Vessel. NorthLink Ferries shall be entitled in its absolute discretion to require any photograph or video taken in contravention of this condition to be deleted immediately.

10. Passenger Behaviour, Alcohol Consumption and Smoking

(a) Passengers or any person entering a NorthLink Ferries terminal, boarding a Vessel or engaging with NorthLink staff or agents through email, social media or telephone with the intention of using the Services shall at all times conduct themselves in an appropriate manner.

(b) Passengers deemed by NorthLink Ferries, exercising its absolute discretion, to be endangering a Vessel, or the safety of crew or Passengers, or posing a risk of disturbance or harm to property, themselves or others shall not be permitted to board a Vessel, may be removed from a Vessel and may be barred from using the Services in the future.

(c) When on a Vessel, Passengers shall at all times behave in a manner appropriate to ensure the safety and comfort of all on board the Services, and any property on the Vessel. Failure to maintain the expected, acceptable standards of behaviour may result in the master of the Vessel diverting or re-routing the Vessel to disembark any person failing to do so. The cost of such diversion or re-routing shall be recoverable by NorthLink Ferries from any such person. Such failure may also, at the absolute discretion of NorthLink Ferries, result in the person, the person who made a group booking, and/or any member(s) of the group being declined booking for and refused boarding on the Services in future.

(d) Specific NorthLink Ferries Vessels are permitted to serve alcohol. NorthLink Ferries may withdraw the sale of alcohol from the Services and/or refuse to sell alcohol to any Passenger in its absolute discretion.

(e) Smoking, including the use of e-cigarettes, is prohibited on all areas of the Vessels other than those external areas designated as permitted smoking areas. Any Passenger who damages, tampers with, obstructs or interferes to any extent with the correct operation of any part of the Vessel’s fire detection system will be reported to Police Scotland.

(f) NorthLink Ferries reserves the right to charge Passengers, either by invoice or by deduction from their debit/credit card, for repair or restoration of any damage caused to its property by a Passenger.

11. Carriage of Dangerous Goods and Substances, Firearms, Fuel, Electric Vehicles, and other Electric Modes of Transport

(a) NorthLink Ferries’ Prohibited Items Policy contains a non-exhaustive list of items which are not permitted to be taken on-board any Vessel, and is available on the NorthLink Ferries website.

(b) All Regulations applicable to the shipment of dangerous goods and substances on board the Vessels must be strictly adhered to by Passengers and the Shippers of such goods and substances. Dangerous goods or substances as classified in these Conditions or in any of the Dangerous Substances in Harbour Areas Regulations 1987, the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 and/or the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997, and other substances as specified in the International Maritime Dangerous Goods (IMDG) Code or any other legislation or publication issued of a similar nature relating to the carriage of dangerous goods by sea must not be shipped or otherwise loaded on the Vessels unless prior permission from NorthLink Ferries has been given.

(c) Without prejudice to the classification of substances referred to in the Regulations and Codes above, the following items are classified under these Conditions as being or comprising dangerous goods and substances:- firearms (whether loaded or unloaded); explosives; non-flammable compressed liquefied or dissolved gas; toxic gas; flammable gas; flammable liquid; flammable solids; spontaneously combustible substances; substances which in contact with water are liable to become spontaneously combustible or to give off a flammable gas; oxidising substances; organic peroxides; toxic substances; infectious substances, radioactive substances and corrosive substances.

(d) Passengers and Shippers of dangerous goods and substances must complete NorthLink Ferries’ Dangerous Goods Declaration and Packing Certificate. This document must be submitted to the Customer Service Centre by email a minimum of 24 hours prior to departure. A copy must also be submitted to NorthLink Ferries at check-in.

(e) NorthLink Ferries’ Firearms and Ammunition Policies contain the procedures which must be complied with for the carriage of firearms and ammunition, and this is available on the NorthLink Ferries website.

(f) Firearms must be declared at the time of booking with the Customer Service Centre and again at check-in. They must be supported by an appropriate firearms licence which must be made available for inspection. NorthLink Ferries will not ship or permit the carriage of unlicensed firearms.

(g) Foot-passengers will be required to surrender any firearms and ammunition prior to embarkation which will then be held in the Vessel’s bridge or other secure area during the voyage. Passengers travelling by vehicle will be required to either surrender any firearms or ammunition carried by them to a Vessel’s officer for the duration of the voyage, or to show to the satisfaction of a Vessel’s officer that they are securely locked within the vehicle.

(h) Ammunition must remain in the original packaging from the manufacturer. Ammunition comprising in excess of 1,000 cartridges of UN Class 1.4 must be booked by contacting the Customer Service Centre. The carriage of ammunition on a particular Vessel is conditional upon NorthLink Ferries’ entitlement to do so under that Vessel’s statutory vessel certification.

(i) All vehicles carrying petrol or fuel oil in their main fuel tank shall be fitted with means whereby the fuel supply shall be shut off either (i) in the case of gravity feed by closing the valve or (ii) in the case of a pump feed by stopping the engine. No fuel tank shall be filled to such a degree as will allow any spillage during loading or unloading or throughout the voyage when the motion of the Vessel must be taken into account.

(j) Air cylinders or other containers of compressed gas such as are used as diving equipment must remain in the Passenger’s vehicle or within NorthLink Ferries’ specialist dive containers which can be reserved at the time of booking and are subject to availability. The Dive Equipment Policy is available on the NorthLink Ferries’ website. Shippers of such diving equipment must complete NorthLink Ferries’ Dangerous Goods Declaration and Packing Certificate – For Divers. This document must be submitted to the Customer Service Centre by email a minimum of 24 hours prior to departure. A copy must also be submitted at check-in.

(k) All gas cylinders in boats, caravans and in other vehicles where the gas is used solely in connection with its operation shall be declared by the Passenger to the Vessel’s officer in charge of loading and the following conditions shall apply:-

the maximum number of cylinders carried shall be 3, except in the case of small expendable cartridges hermetically sealed and packed in an outer container, when up to 12 may be carried;
all cylinders shall be adequately secured against movement of the ship;
the supply shall be shut off at the cylinders during the entire voyage;
leaking and inadequately secured or connected cylinders should not be offered for shipment; and
no pierced expendable cartridge shall be carried in any vehicle and any such cartridge shall be safely disposed of prior to shipment of the vehicle.

(l) Other than those used by Passengers with disabilities or reduced mobility, Owners and any person presenting any vehicles or other mode of transport which is wholly or partially powered by battery must declare this to NorthLink Ferries no later than the time of presentation for check. By such presentation for check-in the Owner and such person warrant that the vehicle or other mode of transport is manufactured to an approved specification and standard by a reputable and recognised manufacturer, and that the battery is not or has not been damaged and is in all respects safe and suitable for carriage on the Services.

(m) Any breach of the provisions of this Condition 11 relating to the carriage of the Goods described herein, including any declaration or warranty, shall entitle NorthLink Ferries and its Masters at their absolute discretion to refuse shipment and to take such other reasonable action as may be deemed necessary to ensure the safety of its Vessels, Passengers, crew and cargo. The Passenger, Owner or Shipper who is in such breach shall be liable for and shall indemnify NorthLink Ferries against any loss, injury or damage arising out of or connected with such breach. All payments made to NorthLink Ferries for the intended shipment and carriage such as are frustrated by such breach shall be forfeited and may credited by NorthLink Ferries towards the amount of such loss, injury or damage.

12. Liability to NorthLink Ferries

(a) All Passengers and Shippers shall be liable to NorthLink Ferries for any damage occasioned by them to a Vessel and its fittings, furnishings and equipment or any other property of NorthLink Ferries or property of third parties carried by NorthLink Ferries Passengers and Shippers shall indemnify NorthLink Ferries, its employees and agents in respect of any and all losses and liabilities incurred in respect of such damage.

(b) Passengers are responsible for ensuring they are fit to travel. Passengers who are pregnant or have a pre-diagnosed health condition or an injury are advised to seek medical advice before travelling.

(c) In the event that medical treatment or emergency assistance is required to be provided by NorthLink Ferries or anyone on its behalf, the Passenger to whom the treatment or assistance was provided shall indemnify NorthLink Ferries for any costs arising out of or connected with such treatment or assistance. The Vessels do not carry doctors as part of their crews.

(d) Without prejudice to clause 16(d), NorthLink Ferries shall be entitled at its absolute discretion to recover storage charges at such rates as it considers fit from the Owner of any Goods, Luggage, vehicle or animal left in the custody of NorthLink Ferries in excess of a period commencing four hours before the relevant advertised sailing time and ending two hours after the arrival of the vessel at the port of discharge.

(e) NorthLink Ferries shall be entitled to hold any Goods, Luggage, vehicles and livestock until all the charges and costs in respect of them are paid, and until all other amounts due to NorthLink Ferries in respect of any matter whatsoever from the Owner or Shipper of said Luggage, Goods, vehicles and livestock are paid.

(f) NorthLink Ferries shall be entitled, in its absolute discretion, to sell such Goods, Luggage, vehicles and livestock upon reasonable notice to the Owner or Shipper, and may do so at such time and in such manner as it may decide, to satisfy any such amounts remaining unpaid.

13. Exclusions and Limitations of Liability

Notwithstanding the terms of these Conditions, NorthLink Ferries shall be entitled to the maximum protection afforded by law in force in Scotland applicable to the liability of or any assessment of damages recoverable from carriers such as NorthLink Ferries. Any exemption from or limitation of liability afforded to NorthLink Ferries whether under these Conditions or under the Athens Convention, the Hague Visby Rules or otherwise under the law of Scotland shall extend to its employees and agents acting within the course and scope of their respective employment/agency.

14. Exclusions of Liability

(a) NorthLink Ferries shall not be liable for any loss or damage arising from a defect in or failure of any of the Services where such defect or failure is caused by:-

the fault of a Passenger;
the fault of a third party (that is, a party other than an employee or agent of NorthLink Ferries acting within the course and scope of their respective employment/agency);
unusual and unforeseeable circumstances beyond the control of NorthLink Ferries; or
any of the events set out in Section 7 of these Conditions.

(b) NorthLink Ferries shall not be liable under any circumstances for any loss of profits, loss of business and/or any other indirect or consequential loss or damage howsoever caused, even if caused by negligence on the part of NorthLink Ferries, its servants, employees or agents or its contractors or their sub-contractors.

(c) NorthLink Ferries shall have no liability whatsoever for loss of or damage to any Luggage, Commercial Vehicles, Goods, Unaccompanied Vehicles or livestock prior to embarkation or subsequent to discharge except in circumstances where there is proved to have been negligence on the part of NorthLink Ferries.

(d) NorthLink Ferries shall take all reasonable steps to provide an electricity supply to refrigerated trailers during their carriage on Vessels but shall not be liable for any loss or damage of any kind whatsoever caused by the non-provision or inadequacy or interruption or failure of any such supply, or the failure to keep goods at any stipulated temperature. Owners and Shippers should ensure that they have adequate insurance provision for any Goods being carried on the Services.

15. Limitation of Liability – Passengers, their Luggage and their Vehicles

(a) Passengers, their Luggage and their vehicles are carried by NorthLink Ferries in accordance with the provisions of the Athens Convention, except insofar as it purports to determine the applicable jurisdiction for the determination of disputes. The Athens Convention shall apply in every situation involving the death of or personal injury to a Passenger or the loss of or damage to Luggage occurring on board a Vessel.

(b) The following provisions of the Athens Convention are specifically brought to Passengers’ attention:

The liability of NorthLink Ferries in respect of death or personal injury and for the loss of or damage to Luggage shall not exceed an amount equal to the limits under the Athens Convention.
Any liability of NorthLink Ferries in respect of loss of or damage to Luggage under the Athens Convention shall be subject to a deductible, to be applied at the discretion of NorthLink Ferries.
In certain circumstances defined in the Athens Convention, the liability of NorthLink Ferries is excluded.
The Athens Convention presumes that Luggage has been delivered undamaged unless written notice is given to NorthLink Ferries (a) in the case of apparent damage, before or at the time of disembarkation or redelivery or (b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery, or from the time when such redelivery should have taken place.
Any action for damages arising out of the death of or personal injury to a Passenger and/or for the loss of or damage to Luggage shall be time-barred after a period of 2 years, as calculated in accordance with the Athens Convention.
NorthLink Ferries shall not be liable for the loss of or damage to valuables, as defined in the Athens Convention, unless such valuables have been deposited for safe keeping by agreement, in which case NorthLink Ferries shall be liable up to the limits specified in the Athens Convention or to such higher limits as has been specifically agreed with NorthLink Ferries.

(c) The application of the Athens Convention to these Conditions shall not be construed so as to restrict or remove the right of NorthLink Ferries to any limitation of or exemption from liability afforded to it by any applicable statute, convention or similar.

16. Limitation and Exclusions of Liability – Freight

(a) All Goods, Commercial Vehicles and Unaccompanied Vehicles are carried by NorthLink Ferries in accordance with the provisions of the Hague Visby Rules relating to the limitation of liability which shall apply in every situation involving the loss of or damage to Goods carried or to be carried by NorthLink Ferries.

(b) Any finding of or the exclusion of liability of NorthLink Ferries for any loss or damage to Goods, Commercial Vehicles and Unaccompanied Vehicles shall be determined by application of the Hague Visby Rules.

(c) The liability of NorthLink Ferries in respect of damage to Goods, Commercial Vehicles and Unaccompanied Vehicles shall not exceed an amount equal to the limits under the Hague Visby Rules.

(d) Article III Rule 8 of the Hague Visby Rules shall not apply. Should provisions in these Conditions restrict the liability of NorthLink Ferries to an extent greater than provisions of the Hague Visby Rules, the provisions in these Conditions shall prevail.

(e) NorthLink Ferries shall not be liable to pay any charges of any nature imposed by third parties in respect of freight/trailer/goods deposited in advance of a sailing or in the event of any freight/trailer/goods to be collected after a sailing has completed. This includes but is not limited to freight/trailer/goods loaded/unloaded by NorthLink Ferries’ stevedores.

17. Limitation and Exclusions of Liability – Livestock and other Animals

(a) Livestock must not be moved, collected or otherwise removed from the Vessel or any vehicle, trailer or Commercial Vehicle upon which livestock is carried without the consent of NorthLink Ferries.

(b) The responsibility for the wellbeing and restraint of all livestock rests with the Owner or Shipper of the livestock prior to the livestock entering and after exiting the lairage property at the port of loading or discharge.

(c) NorthLink Ferries shall not be liable for injury, illness, loss or death of any animal whatsoever, howsoever or wheresoever arising or occurring, even if arising or occurring as a result of negligence on the part of NorthLink Ferries, its servants, employees, agents, contractors and/or their sub-contractors.

(d) NorthLink Ferries shall have no liability for the cost of bedding or feeding livestock, incurred as a result of any Vessel not sailing or not arriving at the time advertised, even if the Vessel not sailing and/or arriving at an advertised time is due to negligence on the part of NorthLink Ferries or its servants, employees, agents, contractors and/or their sub-contractors.

(e) NorthLink Ferries shall have no liability of any kind whatsoever for the cost of bedding and/or feeding livestock that are refused carriage on any service, including as a result of the late arrival of that livestock at the load port.

(f) NorthLink Ferries shall not be accountable for the number of livestock stated on any consignment note (such number being taken on the representation of the livestock Owner or Shipper) nor for the correct selection of livestock on landing.

(g) NorthLink Ferries may direct Shippers of Livestock to take such steps as are necessary in order to comply with its obligations under The Welfare of Animals (Transport) (Scotland) Regulations 2006.

(h) NorthLink Ferries may at its absolute discretion require Shippers of livestock to ensure that livestock transported on the Vessels is accompanied by at least one person who has specific training or equivalent practical experience qualifying them to handle and transport vertebrate animals and to administer, if necessary, appropriate care to such animals.

(i) NorthLink Ferries shall be entitled at its absolute discretion to instruct a veterinarian to assess and/or provide treatment to livestock or any other animal carried or to be carried on its Vessels. The owner or Shipper of the livestock or other animals in question shall indemnify NorthLink Ferries in respect of any and all costs incurred in providing that assessment or treatment, together with any associated costs incurred to the veterinarian or others.

18. Making a Claim or Disputing an Invoice – Time Limit

(a) Any claim should be made in writing by email to the Customer Service Centre.

(b) Any claim which is not subject to the time limit provisions of the Athens Convention, the Hague Visby Rules or the Passenger Rights Regulation or any other shorter specified time limit in these Conditions must be notified in writing, as above, to the Customer Service Team within 28 days of disembarkation or of the date when the claimant first had or ought to have had knowledge of the material facts giving rise to the claim, whichever date is the later.

(c) Any court or other applicable proceedings against NorthLink Ferries must be served within two years of disembarkation or of the date when the claimant first had or had to have had knowledge of the material facts giving rise to the claim, whichever date is the later.

(d) Unless the time limits in this Clause 18 are complied with NorthLink Ferries shall be under no liability whatsoever and the right to bring any claim shall be barred by the passage of time.

(e) Notification of any dispute in relation to an invoice issued by NorthLink Ferries must be made in writing to NorthLink Ferries department detailed on the original invoice, no later than 28 days after the date of issue as stated on the invoice.

19. Your Privacy

Our privacy notice explains how we use your personal information. You can find the latest version of our privacy notice on our website. An accessible version is available upon request.

NOTICE OF ALL OF WHICH IS HEREBY GIVEN

Serco Ltd, operating as NorthLink Ferries
16 Bartley Wood Business Park
Bartley Way, Hook, Hampshire, RG27 9UY