a) Death/Personal Injury
In situations not covered by the Athens Convention, the Company shall be liable for the death of or personal injury to Passengers, Shippers and Users to the extent caused by the negligence of the Company and/or its employees or agents acting within the course and scope of their respective employment/agency.
b) Animals, including Livestock, dogs and other pets
The Company 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 the Company and/or its servants and/or its employees and/or its agents and/or its independent contractors and/or their sub-contractors.
The Company shall not be liable for the loss of or injury to dogs and other pet Animals, even if caused by negligence on the part of the Company and/or its servants and/or its employees and/or its agents and/or its independent contractors and/or their sub-contractors. Dogs and pets are carried at the sole risk and responsibility of their owners and/or those in whose possession the dogs or pets boarded the vessel. Any damage or injury whatsoever caused or inflicted by such dog or pet shall be regarded as damage caused by the owner, or person in whose possession the dog or pet boarded the vessel under the provisions of paragraph n) of this clause.
c) Time Limit for Claims
Any claim which is not covered by the Athens Convention or by the Hague Visby Rules must be notified in writing on the Company within 28 days of disembarkation or of the date when the claimant first had knowledge of the material facts giving rise to the claim, whichever date is the later, and any action thereon must be commenced within two years of such date. Unless these time limits are complied with the Company shall be under no liability to the Passenger whatsoever.
d) Defect/Failure of any Services
The Company shall not be liable for 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 the Company acting within the course and scope of their respective employment/agency); unusual and unforeseeable circumstances beyond the control of the Company; and/or the matters set out in Conditions 8,9,10.
e) Additional loss or damage
The Company shall not be liable under any circumstances for any Additional Loss or Damage whatsoever suffered or incurred by any Passenger, Shipper and/ or User howsoever caused, and even if caused by negligence on the part of the Company and/or its servants and/or its employees and/or its agents and/or its independent contractors and/or their sub- contractors.
f) Benefit of all rights and exemptions
The Passenger agrees that the Vessel, its owner, master and crew and any employee or servant or agent or independent contractor or sub-contractor of independent contractor of the Company shall have the benefit of all rights and exemptions under these conditions. For this purpose, the Company is or shall be deemed to be acting as agent or trustee of all persons who are, were or might be at any time such an owner, master, member of the crew, employee or servant or agent or independent contractor.
g) Company acting as agent
In making arrangements for any accommodation, tours, shore excursions, transportation, and service of any description whatsoever, the Company acts only as the agent of the Passenger and does so on the express condition that no liability of any kind howsoever caused shall attach to the Company in connection with or arising out of such arrangements, even in circumstances where there has been negligence on the part of the Company and/or its servants and/or its employees and/or its agents and/or its independent contractors and/or their sub-contractors.
h) Medical attention
In the event that medical attention of any kind or ambulance assistance (shore, sea or air) may be necessary and is provided or ordered by the Company or the Vessel's Owners, Master or crew, the Passenger (or persona representative of the Passenger) for whom the services was obtained shall be liable for the full costs thereof.
i) Refrigerated trailers
The Company shall endeavour 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, even if such non-provision, inadequacy, interruption or failure is a result of negligence on the part of the Company and/or its servants and/ or its employees and/or its agents and/or its independent contractors and/or their sub-contractors.
j) Lighterage expense/Livestock Consignment
1. Unless otherwise agreed, all lighterage, cartage or other haulage whether before, during or after shipment in or on a Vessel shall be entirely at the Owner's expense.
2. The Company shall not be accountable for the number of livestock stated on any consignment note (such number being taken on the representation of the Owner of such livestock) nor for the correct selection of livestock of any Owner on landing.
3. Shippers of livestock should note that in order to comply with its obligations under The Welfare of Animals (Transport) Order 1997, the Company may at its discretion require such Shippers to provide that livestock transported on the Vessels is accompanied by at least 1 person who has specific training or equivalent practical experience qualifying him to handle and transport vertebrate animals (and to administer, if necessary, appropriate care to such animals).
k) No undertaking as to Notice of Arrival of Goods, etc.
1. The Company does not undertake to send any notice of the Company's receipt of any vehicle, goods, livestock, or luggage for the purpose of carriage and the Company does not undertake to send any notice of the arrival of any vehicle, goods, livestock or luggage subsequent to carriage.
2. The Company shall have no liability whatsoever for loss of or damage to any vehicle, goods or luggage given into the custody of the Company more than two hours before the departure time of the Vessel upon which the carriage of the vehicle, goods or luggage is intended to take place, and the Company shall have no liability whatsoever for loss of or damage to any vehicle, goods or luggage left in the custody of the Company more than one hour after discharge, save where the party bringing a claim in respect of such loss or damage can show that the loss or damage occurred within a period beginning two hours before the relevant sailing time and ending one hour after the relevant discharge, in which case the other exclusions of liability set out in these conditions shall apply. The exclusion of liability set out in this clause shall apply even in circumstances where there has been negligence on the part of the Company and/or its servants and/or its employees and/or its agents and/or its independent contractors and/or their sub-contractors.
l) No undertaking as to safe custody
The Company undertakes no responsibility for the safe custody or delivery of nor will it be accountable for any loss which may occur to any bullion, bank notes, of jewellery, etc other negotiable securities, title deeds, clocks, watches, jewellery, precious stones, paintings, prints, statuary, silk, lace, furs, gold or silver of any kind and/or any other articles of value, either before or at shipment, during transit, in landing or afterwards, except where such valuables have been deposited with the Company for the agreed purpose of safe-keeping in which case the provisions of the Athens Convention shall apply.
m) The Company's right to hold Goods
1. The Company shall be entitled to hold any luggage, goods, commercial vehicles, unaccompanied vehicles and/or livestock until all the charges and costs due to the Company in respect of them are paid, and/or until all other amounts due to the Company from any Owner of the relevant luggage, goods, commercial vehicles, unaccompanied vehicles and/or livestock, in respect of any other matter whatsoever, are paid
2. The Company shall be entitled further to sell such luggage, goods, commercial vehicles, unaccompanied vehicles and/or livestock upon reasonable notice at such time and in such manner as the Company may decide, to satisfy any amounts owed to the Company by any Owners of the relevant luggage, goods, commercial vehicles, unaccompanied vehicles and/or livestock, and the Company may deduct from the proceeds of sale the costs and expenses of and incidental to such sale
n) Damage caused by Passengers, Shippers and Users
All Passengers, Shippers and Users shall be liable to the Company for any damage occasioned by them or any of them to any Vessel and its fittings, furnishings and equipment or any other property of the Company through their or their negligence or wilful act or omission or breach of these Conditions and shall indemnify the Company, its employees and agents in respect of all liability such as the Company, its employees and/or agents may incur through such negligence, wilful act or omission or breach.
o) Personal damage claims
CalMac Ferries Ltd, or its affiliates, partners, suppliers or licensors are not liable for reimbursement of incidental property damages whereby such damage could have been averted. We do acknowledge, upon exceptional occasion, that such damage may be unavoidable, and, in such case, special attention will be given and evaluated on a case-by-case basis.
Any claim submitted will need to be supported by adequate evidence of damage, cost and of fault on behalf of CalMac Ferries. Damages payable by the Company under the Athens Convention are reduced in proportion to any contributory negligence (fault) of the Passenger and CalMac Ferries will not be responsible for any costs incurred that exceed the maximum limits specified in the Athens Convention. Passengers should note that the Company cannot benefit from the limitations set out in the Athens Convention where the Company is shown to have intent to damage or where it exhibits reckless behaviour.
Liability of the carrier for the loss of or damage to other luggage is limited to 3,375 SDR per passenger, per carriage.
p) Maximum Protection allowed by Law/Time Limits
Notwithstanding the terms of these Conditions, the Company shall in any event be entitled to the maximum protection allowed by law in respect of the liability of or any limitation on damages recoverable from shipowners and the Company's rights to such protection shall also apply where the Company is not the owner or hirer of any Vessel operating on or in respect of any part of the services.