Commuter Services Terms and Conditions
Definitions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean: Commuter Service: see the website www.merseyferries.co.uk for details of this service; Event outside our control: is defined in clause 7.1; You/Your: refers to the Customer;
Service/s: the services that we are providing to you as part of the Commuter Service; Terms: the terms and conditions set out in this document; We/Our/Us: Mersey Ferries and its employees or agents.
1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
Our contract with you
2.1 Your contract with us shall take effect from the time that you purchase and/or order your ticket.
2.2 By purchasing a ticket from us, you accept that these Terms apply both to you and all persons on whose behalf your purchase is also made and you thereby confirm that you have the necessary authority of such persons to do so on their behalf.
2.3 Except in the event Mersey Ferries is unable to operate the Service, all tickets are strictly non-refundable. Where Mersey Ferries is unable to operate the Service any refund will be at the sole discretion of Mersey Ferries in accordance with clause 6.3.
2.4 Your contract with us is governed by English Law and the English courts shall have non-exclusive jurisdiction over any dispute with us
Changes to terms
3.1 We have the discretion to amend these Terms from time to time replacing all previous versions published by Mersey Ferries.
The services
4.1 We will supply the Services to you for the date specified on your ticket and your ticket will not be valid for use on any other date than the date specified on your ticket.
4.2 Your ticket for the Commuter Service can only be used for that particular Service and cannot under any circumstance be used for the River Explorer Service or any other service Mersey Ferries provides.
4.3 A valid ticket must be used to allow use of the Service, a receipt will not be valid for travel.
Price and payment
5.1 The price of the Services will be set out in our price list in force at the time you purchase your ticket. You can access the price list at www.merseyferries.co.uk
5.2 If the price is different at the time of placing your purchase to that stated in our price list then the price stated at the time of purchase will preside over that stated in the price list.
5.3 All prices include VAT where VAT is payable.
Cancellations and/or delays in the service
6.1 We will make every effort to deliver the Services on time. However, there may be delays or a cancelled Service due to an event outside our control as described in clause 7 for which Mersey Ferries will not be held liable.
6.2 If a Service is delayed or cancelled due to an event outside our control we will endeavour to reschedule the Service for either a later time on the same day or for a different day. This decision will be at Mersey Ferries’ sole discretion and may depend on the Service that has been purchased.
6.3 Mersey Ferries may consider refunding tickets for delayed or cancelled Services however this will be a decision made at Mersey Ferries’ sole discretion and only if the method of remedy described in clause 6.2 would not be suitable.
6.4 Mersey Ferries will not be liable for any indirect or consequential losses that may arise as a result of a cancellation or delay in a Service, in particular but not limited to, Mersey Ferries will not be liable to pay for any accommodation or alternative travel costs.
Events outside our control
7.1 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, fire, explosion, storm, flood, high tides, earthquakes, bad weather or any other natural disaster, or failure of public or private telecommunications networks.
7.2 If an event outside our control takes place that affects the performance of our obligations under these terms our obligation under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.
7.3 Where the event outside our control affects our performance of services to you, we will restart the services as soon as reasonably possible after the event outside our control is over.
7.4 Mersey Ferries accepts no responsibility for any loss and/or damage suffered by you as a result of any event outside our control (including any distress, inconvenience, anxiety, and loss of enjoyment or damage to any property). This does not affect your statutory rights.
Rules of carriage
8.1 You are expected at all times to conduct yourself in a manner, which respects the health, comfort and safety of all other persons on board. You are also expected to comply with any reasonable request made by a member of our staff. If you do not, or if in our opinion your conduct is likely to give cause for concern, we reserve the right to refuse to allow you to embark or require that you disembark and/or leave the terminal facilities. Under such circumstances we will not refund any money that you have paid for the relevant journey and shall have no liability to you as a result of the cancellation of your travel.
8.2 All passengers must pay attention to and comply with all regulations and notices relating to the safety and security of our ferry, our crew, passengers and the terminal facilities.
8.3 Smoking, including the use of electronic cigarettes, is strictly prohibited whilst travelling.
8.4 Any passenger that appears to be intoxicated may be refused travel by Mersey Ferries staff or employees.
8.5 In the event of poor weather conditions, including any high tides and waves, passengers must remain seated at all times whilst on the vessel.
Animals
9.1 Pets or animals that may cause distress or danger to other passengers are prohibited on board the vessel.
Conditions of sale of alcohol
10.1 It is a criminal offence for a person under 18 to attempt to purchase alcohol or consume alcohol on the River Explorer Cruise. It is also a criminal offence for a person to purchase alcohol for someone under the age of 18.
10.2 We have the right to refuse to serve alcohol to passengers that appear to be under the age of 18, identification will be required for all passengers who appear to be under 21 years of age.
10.3 Passengers are not allowed to bring any of their own alcohol on board.
Other important terms
11.1 Only persons authorised by Mersey Ferries are permitted to sell or offer for sale any tickets for the Services outlined in these Terms.
11.2 All tickets are non-transferable, not for re-sale and will become void on any transfer for value.
11.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Online ticket sales
12.1 This page and any documents referred to on it tell you the terms and conditions on which we supply tickets to you from our website. Please read these Terms carefully before ordering any tickets from our website as by doing so, you accept these Terms.
12.2 Lost tickets cannot be replaced without proof of purchase. Any claim for replacement of lost tickets must be made at least 48 hours prior to the time commencement of the Service that has been purchased.
Mersey Ferries disclaimer
13.1 Mersey Ferries Limited shall not be liable for any injury to and/or death of any passengers or loss of/or damage to any property of passengers whilst in the custody or control of Mersey Ferries Limited, unless such injury/death or loss is due to the negligence of Mersey Ferries Limited.
13.2 Mersey Ferries Limited shall not be liable for any indirect or consequential losses suffered by any passenger.
13.3 The provisions of the Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012 and the Passenger Liability Regime EC 392/2009 apply to this Service. Please be aware this legislation limits Mersey Ferries Limited’s liability to You under the Athens Convention in respect of death, personal injury and loss or damage to luggage.
13.4 Please be aware that there may be soot deposits on the top deck. The vessel will be cleaned prior to passenger boarding, but soot deposits are an unavoidable discharge from the funnel and will settle during the course of the cruise, and we cannot be held responsible for any damage to clothing or property.
River Explorer Cruises Terms and Conditions
Definitions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean: River Explorer Cruise Service: see the website www.merseyferries.co.uk for details of this service; Event outside our control: is defined in clause 7.1; You/Your: refers to the Customer; Service/s: the services that we are providing to you as part of the River Explorer Cruise; Terms: the terms and conditions set out in this document; We/Our/Us: Mersey Ferries and its employees or agents.
1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
Our contract with you
2.1 Your contract with us shall take effect from the time that you purchase and/or order your ticket.
2.2 By purchasing a ticket from us, you accept that these Terms apply both to you and all persons on whose behalf your purchase is also made and you thereby confirm that you have the necessary authority of such persons to do so on their behalf.
2.3 Except in the event Mersey Ferries is unable to operate the Service, all tickets are strictly non-refundable. Where Mersey Ferries is unable to operate the Service any refund will be at the sole discretion of Mersey Ferries in accordance with clause 6.3.
2.4 Your contract with us is governed by English Law and the English courts shall have non-exclusive jurisdiction over any dispute with us
Changes to terms
3.1 We have the discretion to amend these Terms from time to time replacing all previous versions published by Mersey Ferries.
The services
4.1 Online tickets purchased through www.merseyferries.co.uk for the service are valid for one occasion on a date determined by You. Online tickets purchased through www.merseyferries.co.uk
are valid for twelve months from date of purchase. Tickets purchased from the ferry terminals are valid for one occasion and must be used on the date of purchase.
4.2 Your ticket for a River Explorer Service can also be used for the Commuter Service however it cannot be used for any other service that is provided by Mersey Ferries.
4.3 A valid ticket must be used to allow use of the Service, a receipt will not be valid for travel.
Price and payment
5.1 The price of the Services will be set out in our price list in force at the time you purchase your ticket. You can access the price list at www.merseyferries.co.uk
5.2 If the price is different at the time of placing your purchase to that stated in our price list then the price stated at the time of purchase will preside over that stated in the price list.
5.3 All prices are inclusive of VAT where VAT is payable.
Cancellations and/or delays in the service
6.1 We will make every effort to deliver the Services on time. However, there may be delays or a cancelled Service due to an event outside our control as described in clause 7 for which Mersey Ferries will not be held liable.
6.2 If a Service is delayed or cancelled due to an event outside our control we will endeavour to reschedule the Service for either a later time on the same day or for a different day. This decision will be at Mersey Ferries’ sole discretion and may depend on the Service that has been purchased.
6.3 Mersey Ferries may consider refunding tickets for delayed or cancelled Services however this will be a decision made at Mersey Ferries’ sole discretion and only if the method of remedy described in clause 6.2 would not be suitable.
6.4 Mersey Ferries will not be liable for any indirect or consequential losses that may arise as a result of a cancellation or delay in a Service, in particular but not limited to, Mersey Ferries will not be liable to pay for any accommodation or alternative travel costs.
Events outside our control
7.1 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, fire, explosion, storm, flood, high tides, earthquakes, bad weather or any other natural disaster, or failure of public or private telecommunications networks.
7.2 If an event outside our control takes place that affects the performance of our obligations under these terms our obligation under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.
7.3 Where the event outside our control affects our performance of services to you, we will restart the services as soon as reasonably possible after the event outside our control is over.
7.4 Mersey Ferries accepts no responsibility for any loss and/or damage suffered by you as a result of any event outside our control (including any distress, inconvenience, anxiety, and loss of enjoyment or damage to any property). This does not affect your statutory rights.
Rules of carriage
8.1 You are expected at all times to conduct yourself in a manner, which respects the health, comfort and safety of all other persons on board. You are also expected to comply with any reasonable request made by a member of our staff. If you do not, or if in our opinion your conduct is likely to give cause for concern, we reserve the right to refuse to allow you to embark or require that you disembark and/or leave the terminal facilities. Under such circumstances we will not refund any money that you have paid for the relevant journey and shall have no liability to you as a result of the cancellation of your travel.
8.2 All passengers must pay attention to and comply with all regulations and notices relating to the safety and security of our ferry, our crew, passengers and the terminal facilities.
8.3 Smoking, including the use of electronic cigarettes, is strictly prohibited whilst travelling.
8.4 Any passenger that appears to be intoxicated may be refused travel by Mersey Ferries staff or employees.
8.5 In the event of poor weather conditions, including any high tides and waves, passengers must remain seated at all times whilst on the vessel.
Animals
9.1 Pets or animals that may cause distress or danger to other passengers are prohibited on board the vessel.
Conditions of sale of alcohol
10.1 It is a criminal offence for a person under 18 to attempt to purchase alcohol or consume alcohol on the River Explorer Cruise. It is also a criminal offence for a person to purchase alcohol for someone under the age of 18.
10.2 We have the right to refuse to serve alcohol to passengers that appear to be under the age of 18, identification will be required for all passengers who appear to be under 21 years of age.
10.3 Passengers are not allowed to bring any of their own alcohol on board.
Other important terms
11.1 Only persons authorised by Mersey Ferries are permitted to sell or offer for sale any tickets for the Services outlined in these Terms.
11.2 All tickets are non-transferable, not for re-sale and will become void on any transfer for value.
11.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Online ticket sales
12.1 This page and any documents referred to on it tell you the terms and conditions on which we supply tickets to you from our website. Please read these Terms carefully before ordering any tickets from our website as by doing so, you accept these Terms.
12.2 Lost tickets cannot be replaced without proof of purchase. Any claim for replacement of lost tickets must be made at least 48 hours prior to the time commencement of the Service that has been purchased.
Mersey Ferries disclaimer
13.1 Mersey Ferries Limited shall not be liable for any injury to and/or death of any passengers or loss of/or damage to any property of passengers whilst in the custody or control of Mersey Ferries Limited, unless such injury/death or loss is due to the negligence of Mersey Ferries Limited.
13.2 Mersey Ferries Limited shall not be liable for any indirect or consequential losses suffered by any passenger.
13.3 The provisions of the Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012 and the Passenger Liability Regime EC 392/2009 apply to this Service. Please be aware this legislation limits Mersey Ferries Limited’s liability to You under the Athens Convention in respect of death, personal injury and loss or damage to luggage.
13.4 Please be aware that there may be soot deposits on the top deck. The vessel will be cleaned prior to passenger boarding, but soot deposits are an unavoidable discharge from the funnel and will settle during the course of the cruise, and we cannot be held responsible for any damage to clothing or property.
River Cruise & Sightseeing Bus Terms & Conditions
• The ticket includes the City Explorer Liverpool Bus Tour and Mersey Ferries’ River Explorer Cruise
• Online tickets purchased through www.merseyferries.co.uk for the service are valid for one occasion on a date determined by You. Online tickets purchased through www.merseyferries.co.uk are valid for twelve months from date of purchase. Tickets purchased from the ferry terminals are valid for one occasion and must be used on the date of purchase. The City Explorer Liverpool Bus ticket can be used on both the same day as the cruise or the following day.
• The ticket is not valid with any other promotional offer.
• Concession tickets are available for people aged 60 and over and students (valid NUS card required)
• Please see specific terms & conditions for the River Explorer Cruise
• Please see City Explorer Bus Tour website for visitor information
• Mersey Ferries and City Explorer Liverpool Bus Tour reserve the right to amend the terms and conditions of the tickets packages at any time, without advance notice.
River Cruise & The Beatles Story Terms & Conditions
• The River Cruise & The Beatles Story ticket includes ‘The Beatles Story Ticket’ and Mersey Ferries’ River Explorer Cruise
• The River Cruise & The Beatles Story ticket can only be is not valid with any other promotional offer.
• The River Cruise & The Beatles Story ticket includes one visit to The Beatles Story and one River Explorer Cruise. Online tickets purchased through www.merseyferries.co.uk for the service are valid for one occasion on a date determined by You. Online tickets purchased through www.merseyferries.co.uk are valid for twelve months from date of purchase. Tickets purchased from the ferry terminals are valid for one occasion and must be used on the date of purchase. The Beatles Story ticket can be used on both the same day as the cruise or the following day.
• Concession tickets are available for seniors aged 60 and over and students (valid NUS card required)
• Please see specific terms & conditions for the River Explorer Cruise
• Please see specific terms & conditions for The Beatles Story
• Mersey Ferries & The Beatles Story reserve the right to amend the terms & conditions of the ticket packages at any time, without advance notice.
Manchester Ship Canal Cruise & Liverpool Bay Cruise Terms & Conditions
Definitions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean: Event Outside Our Control: is defined in clause 7.1; You/Your: refers to the Customer; Service/s: the services that we are providing to you as part of the Manchester Ship Canal Cruise or Liverpool Bay Cruise; Manchester Ship Canal Cruise and Liverpool Bay Cruise: see the website www.merseyferries.co.uk for details of this service; We/Our/Us: Mersey Ferries and its employees or agents, including all staff working on the Manchester Ship Canal Cruise and Liverpool Bay Cruise.
1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
Our contract with you
2.1 Your contract with us shall take effect from the time that you purchase and/or order your ticket.
2.2 By purchasing a ticket from us, you accept that these Terms apply both to you and all persons on whose behalf your purchase is also made and you thereby confirm that you have the necessary authority of such persons to do so on their behalf.
2.3 Except in the event Mersey Ferries is unable to operate the Service, all tickets are strictly non-refundable. Where Mersey Ferries is unable to operate the Service any refund will be at the sole discretion of Mersey Ferries in accordance with clause 6.3.
2.4 Your contract with us is governed by English Law and the English courts shall have non-exclusive jurisdiction over any dispute with us.
Changes to terms
3.1 We have the discretion to amend these Terms from time to time replacing all previous versions published by Mersey Ferries.
The services
4.1 We will supply the Services to you for the date specified on your ticket and your ticket will not be valid for use on any other date than the date specified on your ticket.
4.2 A valid ticket must be used to allow use of the Service, a receipt will not be valid for travel.
Price and payment
5.1 The price of the Services will be set out in our price list in force at the time you purchase your ticket. You can access the price list at www.merseyferries.co.uk
5.2 If the price is different at the time of placing your purchase to that stated in our price list then the price stated at the time of purchase will preside over that stated in the price list.
5.3 All prices are inclusive of VAT where VAT is payable.
Cancellations and/or delays to the service
6.1 We will make every effort to deliver the Services on time. However, there may be delays or a cancelled Service due to an Event Outside Our Control as described in clause 7 for which Mersey Ferries will not be held liable.
6.2 If a Service is delayed or cancelled due to an Event Outside Our Control We will endeavour to reschedule the Service for a different day at no extra cost. This decision will be at Mersey Ferries’ sole discretion and may depend on the Service that has been purchased.
6.3 Mersey Ferries may consider refunding tickets for delayed or cancelled Services however this will be a decision made at Mersey Ferries’ sole discretion and only if the method of remedy described in clause 6.2 would not be suitable.
6.4 Mersey Ferries will not be liable for any indirect or consequential losses that may arise as a result of a cancellation or delay in a Service, in particular but not limited to, Mersey Ferries will not be liable to pay for any accommodation or alternative travel costs.
Events outside our control
7.1 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, fire, explosion, storm, flood, earthquakes, bad weather or any other natural disaster, or failure of public or private telecommunications networks.
7.2 An Event Outside Our Control also includes any failure of the ports and/or bridges along the canal that are not controlled and operated by Mersey Ferries
7.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms Our obligation under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.
7.4 Mersey Ferries accepts no responsibility for any loss and/or damage suffered by you as a result of any Event Outside Our Control (including any distress, inconvenience, anxiety, loss of enjoyment or damage to any property). This does not affect your statutory rights.
Rules of carriage
8.1 You are expected at all times to conduct yourself in a manner, which respects the health, comfort and safety of all other persons on board. You are also expected to comply with any reasonable request made by a member of our staff. If you do not, or if in our opinion your conduct is likely to give cause for concern, we reserve the right to refuse to allow you to embark or require that you disembark and/or leave the terminal facilities. Under such circumstances we will not refund any money that you have paid for the relevant journey and shall have no liability to you as a result of the cancellation of your travel.
8.2 All passengers must pay attention to and comply with all regulations and notices relating to the safety and security of our ferry, our crew, passengers and the terminal facilities.
8.3 Smoking, including the use of electronic cigarettes, is strictly prohibited whilst travelling.
8.4 Any passenger that appears to be intoxicated may be refused travel by Mersey Ferries staff or employees.
8.5 In the event of poor weather conditions, including any high tides and waves, passengers must remain seated at all times whilst on the vessel.
Animals
9.1 Pets or animals that may cause distress or danger to other passengers are prohibited on board the vessel.
Conditions of sale of alcohol
10.1 It is a criminal offence for a person under 18 to attempt to purchase alcohol or consume alcohol on the Manchester Ship Canal Cruise or Liverpool Bay Cruise. It is also a criminal offence for a person to purchase alcohol for someone under the age of 18.
10.2 We have the right to refuse to serve alcohol to passengers that appear to be under the age of 18. Identification will be required for all passengers who appear to be under 21 years of age.
10.3 Passengers are not allowed to bring any of their own alcohol on board.
Other important terms
11.1 Only persons authorised by Mersey Ferries are permitted to sell or offer for sale any tickets for the Services outlined in these Terms.
11.2 All tickets are non-transferable, not for re-sale and will become void on any transfer for value.
11.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Online ticket sales
12.1 This page and any documents referred to on it tell you the terms and conditions on which we supply tickets to you from our website. Please read these terms carefully before ordering any tickets from our website as by doing so, you accept these terms.
12.2 Lost tickets cannot be replaced without proof of purchase. Any claim for replacement of lost tickets must be made at least 48 hours prior to the time commencement of the service that has been purchased.
Mersey Ferries Disclaimer
13.1 Mersey Ferries Limited shall not be liable for any injury to and/or death of any passengers or loss of/or damage to any property of passengers whilst in the custody or control of Mersey Ferries Limited, unless such injury/death or loss is due to the negligence of Mersey Ferries Limited.
13.2 Mersey Ferries Limited shall not be liable for any indirect or consequential losses suffered by any passenger.
13.3 The provisions of the Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012 and the Passenger Liability Regime EC 392/2009 apply to this Service. Please be aware this legislation limits Mersey Ferries Limited’s liability to You under the Athens Convention in respect of death, personal injury and loss or damage to luggage.
13.4 Please be aware that there may be soot deposits on the top deck. The vessel will be cleaned prior to passenger boarding, but soot deposits are an unavoidable discharge from the funnel and will settle during the course of the cruise, and we cannot be held responsible for any damage to clothing or property.
Terms and Conditions
Definitions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean: Event Outside Our Control: is defined in clause 7.1; You/Your: refers to the Customer;
1.2 When we use the words "writing" or "written" in these terms, this will include e-mail unless we say otherwise.
Our contract with you
2.1 Your contract with us shall take effect from the time that you purchase and/or order your ticket.
2.2 By purchasing a ticket from us, you accept that these terms apply both to you and all persons on whose behalf your purchase is also made and you thereby confirm that you have the necessary authority of such persons to do so on their behalf.
2.3 Except in the event Mersey Ferries is unable to operate the Service, all tickets are strictly non-refundable. Where Mersey Ferries is unable to operate the Service any refund will be at the sole discretion of Mersey Ferries in accordance with clause 6.3.
2.4 Your contract with us is governed by English Law and the English courts shall have non-exclusive jurisdiction over any dispute with us.
Changes to terms
3.1 We have the discretion to amend these Terms from time to time replacing all previous versions published by Mersey Ferries.
The services
4.1 We will supply the Services to you for the date specified on your ticket and your ticket will not be valid for use on any other date than the date specified on your ticket.
4.2 A valid ticket must be used to allow use of the Service, a receipt will not be valid for travel.
Price and payment
5.1 The price of the Services will be set out in our price list in force at the time you purchase your ticket. You can access the price list at www.merseyferries.co.uk
5.2 If the price is different at the time of placing your purchase to that stated in our price list then the price stated at the time of purchase will preside over that stated in the price list.
5.3 All prices are inclusive of VAT where VAT is payable.
Cancellations and/or delays in the service
6.1 We will make every effort to deliver the Services on time. However, there may be delays or a cancelled Service due to an Event Outside Our Control as described in clause 7 for which Mersey Ferries will not be held liable.
6.2 If a Service is delayed or cancelled due to an Event Outside Our Control We will endeavour to reschedule the Service for a different day at no extra cost. This decision will be at Mersey Ferries’ sole discretion and may depend on the Service that has been purchased.
6.3 Mersey Ferries may consider refunding tickets for delayed or cancelled Services however this will be a decision made at Mersey Ferries’ sole discretion and only if the method of remedy described in clause 6.2 would not be suitable.
6.4 Mersey Ferries will not be liable for any indirect or consequential losses that may arise as a result of a cancellation or delay in a Service, in particular but not limited to, Mersey Ferries will not be liable to pay for any accommodation or alternative travel costs.
Events outside our control
7.1 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, fire, explosion, storm, flood, high tides, earthquakes, bad weather or any other natural disaster, or failure of public or private telecommunications networks.
7.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these terms our obligation under these terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.
7.3 Mersey Ferries accepts no responsibility for any loss and/or damage suffered by you as a result of any Event Outside Our Control (including any distress, inconvenience, anxiety, loss of enjoyment or damage to any property). This does not affect your statutory rights.
Rules of carriage
8.1 You are expected at all times to conduct yourself in a manner, which respects the health, comfort and safety of all other persons on board. You are also expected to comply with any reasonable request made by a member of our staff. If you do not, or if in our opinion your conduct is likely to give cause for concern, we reserve the right to refuse to allow you to embark or require that you disembark and/or leave the terminal facilities. Under such circumstances we will not refund any money that you have paid for the relevant journey and shall have no liability to you as a result of the cancellation of your travel.
8.2 All passengers must pay attention to and comply with all regulations and notices relating to the safety and security of our ferry, our crew, passengers and the terminal facilities.
8.3 Smoking, including the use of electronic cigarettes, is strictly prohibited whilst travelling.
8.4 Any passenger that appears to be intoxicated may be refused travel by Mersey Ferries staff or employees.
8.5 In the event of poor weather conditions, including any high tides and waves, passengers must remain seated at all times whilst on the vessel.
Animals
9.1 Pets or animals that may cause distress or danger to other passengers are prohibited on board the vessel.
Conditions of sale of alcohol
10.1 It is a criminal offence for a person under 18 to attempt to purchase alcohol or consume alcohol on a Special Cruise. It is also a criminal offence for a person to purchase alcohol for someone under the age of 18.
10.2 We have the right to refuse to serve alcohol to passengers that appear to be under the age of 18. Identification will be required for all passengers who appear to be under 21 years of age.
10.3 Passengers are not allowed to bring any of their own alcohol on board.
Other important terms
11.1 Only persons authorised by Mersey Ferries are permitted to sell or offer for sale any tickets for the Services outlined in these Terms.
11.2 All tickets are non-transferable, not for re-sale and will become void on any transfer for value.
11.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Online ticket sales
12.1 This page and any documents referred to on it tell you the terms and conditions on which we supply tickets to you from our website. Please read these terms carefully before ordering any tickets from our website as by doing so, you accept these terms.
12.2 Lost tickets cannot be replaced without proof of purchase. Any claim for replacement of lost tickets must be made at least 48 hours prior to the time commencement of the Service that has been purchased.
Mersey Ferries disclaimer
13.1 Mersey Ferries Limited shall not be liable for any injury to and/or death of any passengers or loss of/or damage to any property of passengers whilst in the custody or control of Mersey Ferries Limited, unless such injury/death or loss is due to the negligence of Mersey Ferries Limited.
13.2 Mersey Ferries Limited shall not be liable for any indirect or consequential losses suffered by any passenger.
13.3 The provisions of the Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012 and the Passenger Liability Regime EC 392/2009 apply to this Service. Please be aware this legislation limits Mersey Ferries Limited’s liability to You under the Athens Convention in respect of death, personal injury and loss or damage to luggage.
13.4 Please be aware that there may be soot deposits on the top deck. The vessel will be cleaned prior to passenger boarding, but soot deposits are an unavoidable discharge from the funnel and will settle during the course of the cruise, and we cannot be held responsible for any damage to clothing or property.
Terms of Agreement
1 Definitions
‘Charter Hire Period’ shall mean the period of time on the Date of Charter Hire during which the Vessel is hired to the Hirer as detailed in the Itinerary
‘Date of Charter Hire’ means the date of charter hire detailed overleaf.
‘Hirer’ means the person(s)/company detailed overleaf its employees agents and permitted assigns.
‘Itinerary’ means the Itinerary detailed overleaf.
‘Passengers’ means such persons as the Hirer may require MFL to carry on the Vessel including any persons providing entertainment in accordance with Clause 5(a) hereof.
‘MFL’ means Mersey Ferries Limited of No 1 Mann Island Liverpool L3 1BP its employees agents subcontractors and assignees.
‘Total Charter Fee’ means the total charter fee detailed overleaf.
‘Vessel’ shall mean MFL’s ferry vessel the MV Royal Iris of the Mersey MV Snowdrop as determined by MFL.
2 Hirer's Obligations
The Hirer shall:-
(a) hire for the purpose of a private charter the Vessel for the Charter Hire Period subject to Clause 9 hereof
(b) be responsible for the cost of making good any loss or damage to the Vessel its furnishings fittings or equipment caused by the act default or negligence of the Hirer its servants agents employees sub-contractors or the Passengers
(c) be responsible for and shall ensure that the Hirer and the Passengers comply with the instructions and lawful commands of the Captain and crew of the Vessel and the Ferry Bylaws insofar as they apply
(d) ensure that the Passengers do not interfere with or impede the safe navigation of the Vessel or interfere with any life saving equipment or appliances on the Vessel
3 MFL’S Obligations
MFL shall let the Vessel to the Hirer for the purpose of a private charter for the Charter Hire Period subject to Clause 9 hereof.
4 Payment
(a) Upon signature of this Agreement by the Hirer the Hirer shall pay a non-refundable deposit of one third of the Total Charter Fee to MFL.
(b) The Hirer shall no later than two weeks prior to the Date of Charter Hire pay the balance of the Total Charter Fee to MFL unless otherwise agreed between the parties.
(c) Any extensions to the times detailed in the Itinerary or any additional entertainment or catering requirements will incur additional charges.
5 Entertainment
(a) If requested by the Hirer MFL shall make arrangements for the provision of a band discotheque or other entertainment for the Charter Hire Period.
(b) The Hirer may if it requires make its own arrangements for the provision of a band discotheque or other entertainment for the Charter Hire Period.
(c) MFL reserves the right to approve any entertainment arrangements of the Hirer and shall be entitled to prohibit any entertainment arrangements of the Hirer and shall not be liable for any resultant costs.
6 Variations
(a) If the Hirer requires any variation to the information contained overleaf then the Hirer shall notify MFL in the first instance verbally and then in writing within 24 hours of such verbal notification.
(b) MFL shall endeavour to accommodate any reasonable variations to the information contained overleaf and shall advise the Hirer of any changes to the Total Charter Fee as a result of such variations.
(c) If MFL are unable to accommodate any proposed variations to the information contained overleaf then MFL shall be entitled to terminate this Agreement and retain any monies received from the Hirer.
(d) If MFL for reasons beyond its control need to make any variations to the information contained overleaf then MFL shall be entitled but not obliged to offer the Hirer an alternative arrangement.
7 General Conditions
(a) MFL reserves the right to refuse to allow any particular person or persons to board the Vessel.
(b) Not more than 386 Passengers will be permitted to be on board the Vessel at any one time due to strict Marine Safety Agency laws.
(c) The Hirer shall not bring or permit any of the Passengers to bring on board the Vessel any refreshments whatsoever unless the prior written consent of MFL has been obtained.
(d) The Hirer shall not bring or permit any of the Passengers to bring on board the Vessel any illegal substances or intoxicating drinks.
(e) The Vessel shall be allowed at any time during the period of Charter Hire to assist any other vessels in distress and to deviate for the purpose of saving life and/or property.
(f) No animals will be carried on the Vessel without the prior agreement of MFL.
(g) MFL’s name/logo may be used in publicity provided that MFL has approved the final proof of the promotional material.
(h) Mersey Ferries Limited shall not be liable for any injury to and/or death of any passengers or loss of/or damage to any property of passengers whilst in the custody or control of Mersey Ferries Limited, unless such injury/death or loss is due to the negligence of Mersey Ferries Limited.
(i) Mersey Ferries Limited shall not be liable for any indirect or consequential losses suffered by any passenger.
(j) The provisions of the Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012 and the Passenger Liability Regime EC 392/2009 apply to this Service. Please be aware this legislation limits Mersey Ferries Limited’s liability to You under the Athens Convention in respect of death, personal injury and loss or damage to luggage.
(k) Please be aware that there may be soot deposits on the top deck. The vessel will be cleaned prior to passenger boarding, but soot deposits are an unavoidable discharge from the funnel and will settle during the course of the cruise, and we cannot be held responsible for any damage to clothing or property.
8 Default
If the Hirer shall fail to comply with its obligations under this Agreement and as a consequence of such failure this results in any loss costs charges or expenses to MFL then the Hirer shall reimburse MFL all for such loss costs charges or expenses and MFL shall be entitled to recover such monies from the Hirer as a debt.
9 Termination
(a) MFL may terminate this Agreement forthwith if the Hirer fails to make any payment in accordance with Clause 4 hereof.
(b) MFL may terminate this Agreement forthwith if any circumstances of whatsoever nature and howsoever arising occur at any time render it impossible for MFL to perform its obligations under this Agreement.
(c) The Hirer may terminate this Agreement if MFL for any reason beyond its control is obliged to cancel the cruise element of the Charter The Hirer may however continue with the Charter without the cruise element and the Total Charter Fee shall be reduced by one third of the Total Charter Fee.
(d) MFL may terminate this Agreement forthwith if in the opinion of the Captain of the Vessel the behaviour or activities of the Hirer and/or the Passengers are deemed unacceptable.
(e) MFL may terminate this Agreement forthwith if the Hirer is in breach of the terms of this Agreement or any other agreement with MFL.
(f) The Hirer may terminate this Agreement forthwith if MFL is in breach of the terms of this Agreement and in the event of a breach capable of being remedied fails to remedy the breach within 14 days of receipt of notice in writing
(g) MFL may terminate this Agreement forthwith if in the opinion of MFL the hire of the Vessel by the Hirer will prejudice the reputation of MFL
(h) MFL may terminate this Agreement forthwith if the Hirer shall have offered or given or agreed to give to any person any gift or consideration of any kind or an inducement or reward for doing or forbearing to do or having done or forborne to do any action in relation to the obtaining or execution of this Agreement with MFL or any other agreement with MFL or for showing or forbearing to show favour or disfavour to any person in relation to this Agreement with MFL or if the like acts shall have been done by any person employed by him or acting on his behalf (whether with or without the knowledge of the Hirer) or if in relation to any agreement with MFL the Hirer or any person employed by him or acting on his behalf shall have committed an offence under the Prevention of Corruption Acts 1889-1916 or any amendment or replacement thereof or committed an offence under the Bribery Act 2010 or shall have given any fee or reward the receipt of which is an offence under Section 117 of the Local Government Act 1972 or any amendment or replacement thereof
(i) MFL may terminate this Agreement forthwith if the Hirer shall become insolvent or bankrupt or have a receiving order or administration order made against him or compound with his creditors or being a corporation commence to be wound up not being a members’ voluntary winding up for the purpose of reconstruction or amalgamation or carry on its business under an administrator or administrative receiver for the benefit of its creditors
(j) If MFL terminates this Agreement under Clause 9(a) 9(d) 9(e) 9(g) 9(h) or 9(i) hereof then the Hirer shall pay to MFL all reasonable costs charges and expenses incurred by MFL up to the date of termination and MFL shall not be entitled to reimburse the Hirer any payments already made
(k) If this Agreement is terminated under Clause 9(b) 9(c) or 9(f) hereof then MFL shall reimburse the Hirer any payments made to MFL by the Hirer but shall not be under any further liability to the Hirer
(l) If the Hirer wishes to terminate this Agreement with less than 2 months prior to the Charter Hire Period then MFL shall be entitled to retain the non-refundable deposit of one third of the Total Charter Fee. In the event the Hirer terminates this Agreement with less than 2 weeks prior to the Charter Hire Period MFL shall use all reasonable endeavours to re-sell the facilities on behalf of the Hirer. If MFL is unable to re-sell the facilities or is unable to obtain the Total Charter Fee as the Hirer would have paid then the Hirer shall be liable to pay to MFL the Total Charter Fee excluding the cost of catering and shall be liable to pay to MFL 65% of the contracted food and beverage charges as determined by MFL or such other sum as may be determined by MFL having regard to all the circumstances
(m) If this Agreement is terminated at any stage prior to the Charter Hire Period then the Hirer shall be liable to pay to MFL any fees incurred by MFL as a result of the booking and/or cancellation of any band discotheque or other entertainment arranged by MFL on behalf of the Hirer under Clause 5(a) hereof
(n) Termination of this Agreement shall not affect any rights of either party which shall have accrued prior to such termination
10 Assignment
The Hirer shall not assign transfer sub-let or otherwise part with or share its interest in this Agreement without the prior written consent of MFL.
11 Waiver
The waiver by either party of any breach of any term of this Agreement shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
12 Arbitration
Any dispute arising under this Agreement may by agreement of both parties be referred to arbitration in accordance with the provisions of the Arbitration Act 1996 or any amendment or replacement thereof.
13 Confidentiality
The Hirer shall not at any time divulge or allow to be divulged to any person any information relating to this Agreement or to the business or affairs of MFL without the prior written consent of MFL.
14 Force Majeure
MFL shall not be liable for failure to perform its obligations under this Agreement if such failure results from circumstances beyond MFL’s reasonable control.
15 Severability
If any provision of this Agreement is or becomes illegal void or invalid that shall not affect the legality or validity of the other provisions of this Agreement.
16 Third Party Rights
Nothing in this Agreement confers or purports to confer on any third party any benefit of any kind or any right to enforce the provisions of this Agreement.
17 Law
This Agreement shall be subject to and construed and interpreted in accordance with English Law and shall be subject to the jurisdiction of the Courts of England.