PRELIMINARY
a) Definitions
In these conditions:
1. "Additional loss or damage" means loss of profits, loss of business and/or any other indirect or consequential loss or damage (that is, loss or damage which does not flow naturally or directly as a result of or from the relevant breach by the Company of its contractual or other duties to passengers, shippers and users);
2. "The Athens Convention" means the Convention relating to the carriage of passengers and their luggage by sea adopted at Athens in 1974 and the 1976 Protocol to such Convention, all as incorporated into the law of the United Kingdom of Great Britain and Northern Ireland ("the United Kingdom") under sections 183 and 184 of and schedule 6 to the Merchant Shipping Act 1995;
3. "Hand luggage" means luggage which a passenger has in their possession, custody or control including, but not being limited to, goods which the passenger has in or on their vehicle (brought onto the Vessel on an accompanied basis by the passenger) and which, subject to such reasonable restrictions as to size and substance as may from time to time be published by the Company (a list of which restrictions can be found on the Company website);
4. "Commercial vehicle" means, subject to such reasonable restrictions as may from time to time be published by the Company (a list of which restrictions can be found on the Company website), if accompanied by a driver in each instance an omnibus, motor coach, commercial vehicle, commercial trailer or other traffic on wheels or tracks primarily concerned with the carriage of goods or with the carriage of fare paying customers and any vehicle being used in the course of business if accompanied by a driver, which term "commercial vehicle" also includes, but is not limited to, any goods carried in or on such commercial vehicle;
5. "Shipper" means the sender and the recipient respectively of luggage, goods, vehicles and/or livestock in respect of which a contract of carriage is made with the Company by consignment note or is deemed to be so made in terms of Condition 18;
6. "Goods" means, subject to such reasonable restrictions as to size and substance as may from time to time be published by the Company (a list of which restrictions can be found the Company website), all articles, items and substances except luggage, commercial vehicles, unaccompanied vehicles, other vehicles and/or livestock;
7. "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 25th August 1924, as amended by the Protocol to amend the said Convention signed at Brussels on 23rd February 1968 and by the Protocol signed at Brussels on 21st December 1979 as incorporated into the law of the United Kingdom by the Carriage of Goods by Sea Act, 1971;
8. "Livestock" means, subject to such reasonable restrictions as may from time to time be published by the Company (a list of which restrictions can be found on the Company website), all live animals, excluding dogs and other pet animals;
9. "Luggage" means, subject to such reasonable restrictions as to size and substance as may from time to time be published by the Company (a list of which restrictions can be found on the Company website), any item of goods, dog or other pet animal and/or private vehicle accompanied by a passenger and carried by the Company under a contract of carriage with the Company, excluding:- any commercial vehicle carried upon a commercial vehicle ticket issued for carriage upon any of the Vessels and/or in the context of any of the services; any item of goods and/or unaccompanied vehicle (whether a commercial vehicle or a private vehicle) carried under a consignment note issued by the Company; and/or livestock;
10. "Owner" means the person who holds themselves out to be the person (whether as a passenger, shipper, user or in any other capacity) for whom the relevant contract for the carriage of luggage, goods, commercial vehicles, unaccompanied vehicles and/or livestock is carried out by the Company and shall include any employee, representative, agent or contractor (or sub-contractor of such contractor) of any such person;
11. "Passenger" means any person travelling on a ticket or any person who requires to travel on a ticket issued or (where the practice of the Company is to issue tickets on board its vessels) to be issued by or on behalf of the Company, including, but not being limited to, any person in charge of luggage, goods, commercial vehicles, unaccompanied vehicles and/or livestock whether or not a ticket is issued to that person and any person who is entitled to use the services without charge whether or not a complimentary ticket or free pass is issued to such person;
12. "Private vehicle" means, subject to such reasonable restrictions as may from time to time be published by the Company (a list of which restrictions can be found on the Company website), any vehicle accompanied by a driver other than a commercial vehicle, including, but not being limited to, any goods carried in or on such private vehicle;
13. "Services" means the services offered from time to time by the Company;
14. "Ticket" means a valid boarding voucher which shows that the holder is entitled to use the Company's services;
15. "Unaccompanied vehicle" means, subject to such reasonable restrictions as may from time to time be published by the Company (a list of which restrictions can be found on the Company website), any vehicle (whether commercial or private) which is unaccompanied by a person and is carried under a consignment note or ticket in the form adopted from time to time by the Company;
16. "User" means any person utilising the facilities offered by or on a Vessel;
17. "Vehicle" means, subject to such reasonable restrictions as may from time to time be published by the Company (a list of which restrictions can be found on the Company website), any vehicle (whether self-propelled or not), including, but not being limited to, any commercial vehicle, private vehicle, omnibus, motor coach, trailer, motor car, motorcycle, cycle, baggage trailer, boat trailer, boat, caravan, motorhome and/or all other traffic on wheels or tracks;
18. "Vessel" means any ship, vessel or ferry-boat owned by, or chartered to, or hired/used by the Company in respect of the services.
19. "Standby Queue" means the facility offered at certain ports where a Vehicle can wait in the designated standby area with the aim of joining a sailing if there is sufficient space for that Vehicle to be accommodated.
20. "Unacceptable Behaviour" means any person exhibiting behaviour - either verbal, physical or written, and either on-board or ashore - which the Company in its sole discretion considers, impacts or risks impacting:
- the ability of a Company employee to carry out their work;
- Company or third-party property;
- the general comfort, safety, or security of other person(s), including Company employees and other passengers.
A non-exhaustive list of examples of Unacceptable Behaviour can be found at our section on unacceptable behaviour.