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Terms & Conditions

MAJESTIC FAST FERRY PTE LTD.- TERMS AND CONDITIONS OF CARRIAGE

IMPORTANT

The Passenger’s ticket and the terms and conditions below (the “Terms and Conditions”) represent the contract of carriage (the “Contract”) between Majestic Fast Ferry and the Passenger which, by accepting this ticket, the Passenger agrees to be bound. The Passenger’s attention is particularly drawn to the exemptions and limitations on liability contained at paragraphs 2, 3, 4, 5 and 6.

1. DEFINITIONS

In these Terms and Conditions:

“Athens Convention” means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002. “Carrier” means Majestic Fast Ferry, its affiliates, the Vessel owner, the charterer and/or operator of the Vessel, and their employees, agents and independent contractors. “Journey” means the journey identified on the face of this ticket. “Passenger” includes any person, including infants, (whether or not named above) travelling on a ticket issued by or on behalf of the Carrier.“Vessel” means the vessel named in this ticket or any substitute, and its boats and tenders and any other means of transportation by sea under the control of the Carrier.

2. PASSENGER’S WARRANTY OF AUTHORITY

A Passenger who acquires this ticket on behalf of another person represents and warrants to the Carrier that he or she is duly authorized by and on behalf of each such person to agree to the Terms and Conditions on his or her behalf, and the Passenger agrees to indemnify the Carrier against loss, damage or expense incurred as a result of any breach of this warranty.

3. THE CONTRACT OF CARRIAGE

3.1 The Contract is expressly subject to:

(a) The Terms and Conditions which are hereby incorporated therein;

(b) The provisions of any legislation compulsorily applicable to the carriage of the Passenger;

(c) The Athens Convention which, so far as not otherwise compulsorily applicable to the carriage of the Passenger, is hereby incorporated into and forms part of the Contract.

3.2 Any term of the Contract which is inconsistent with or repugnant to any extent to any applicable legislation or to the Athens Convention shall be void to that extent but no further. Nothing in the Terms and Conditions shall operate to limit or deprive the Carrier of any statutory protection or exemption from or limitation of liability.

4. THE ATHENS CONVENTION

4.1 The Athens Convention in most cases limits the Carrier’s liability for death or personal injury or loss of or damage to luggage (including a vehicle) and makes special provision for valuables. The Athens Convention presumes that luggage has been delivered undamaged unless written notice is given to the Carrier in the case of apparent damage to luggage.

(b) For cabin luggage, before or at the time of disembarkation of the passenger;

(c) For all other luggage, before or at the time of its re-delivery;

(d) In the case of damage to luggage which is not apparent, or loss of luggage, within fifteen days from the date of disembarkation or re-delivery or from the time when such re-delivery should have taken place.

4.2 If the passenger fails to comply with this Article, he shall be presumed, unless the contrary is proved, to have received the luggage undamaged.

4.3 The notice in writing need not be given if the condition of the luggage has at the time of its receipt been the subject of joint survey or inspection.

4.4 Any action for damages arising out of the death of or personal injury to a passenger or for the loss of or damage to luggage shall be time-barred after a period of two years.

4.5 The limitation period shall be calculated as follows:

(a) In the case of personal injury, from the date of disembarkation of the passenger;

(b) In the case of death occurring during carriage, from the date when the passenger should have disembarked, and in the case of personal injury occurring during carriage and resulting in the death of the passenger after disembarkation, from the date of death, provided that this period shall not exceed three years from the date of disembarkation;

(c) In the case of loss of or damage to luggage, from the date of disembarkation or from the date when disembarkation should have taken place, whichever is later.

5. CARRIER’S LIABILITY

The Carrier’s liability shall be determined in accordance with Singapore law and the terms of the Contract as defined at clause 3 above. The Carrier shall be entitled to limit its liability in accordance with the Athens Convention and/or other applicable international Convention concerning the limitation of liability for maritime claims. The Carrier shall not be liable for any delay or inconvenience or for any damage, loss or expense. Howsoever caused, resulting there from, and suffered by the Passenger.

6. LIABILITY OF THE CARRIERS EMPLOYEES AGENTS AND INDEPENDENT CONTRACTORS

By accepting carriage on the terms of the Contract, the Passenger shall be deemed to offer to the Carrier (as agent for his employees, agents and independent contractors) the benefit of every exemption from and limitation of liability and of every defense or immunity from claim provided for the benefit of the Carrier under these Terms and Conditions and/or any applicable provision of law and/or the Athens Convention, which offer the Carrier hereby accepts. The consideration for such offer and for any contract made pursuant thereto shall be the provision or prospective provision by the relevant person of any services for the benefit, whether direct or indirect, of the Passenger or in connection with the performance by the Carrier of its obligations under these Terms and Conditions. The aggregate amounts recoverable from the Carrier and any such employee, agent or independent contractor shall in no case exceed limits provided by the Contract and/or any applicable provision of law and/or the Athens Convention.

7. OBEDIENCE TO INSTRUCTIONS

The Passenger must obey all instructions of the Carrier, its employees and agents whilst on the Carriers premises or on the Vessel.

8. FORCE MAJEURE

The Carrier shall not be liable for death, personal injury, illness, damage, delay or any other loss or detriment to personal property if the same is caused by, without limitation, war or threat of war, riot, civil commotion, disaster, Act of God, terrorist activity, natural and nuclear disaster, fire, technical problems with transport, closure of ports, strikes or other industrial action, interference by authorities, requisitioning of Vessel, perils of the sea, collision or any other cause beyond the reasonable control of the Carrier. Both before and during the journey, the Carrier shall be entitled at any time to delay the sailing of the Vessel due to any reason of force majeure as aforesaid which for this purpose shall include weather which in the sole opinion of the Master may endanger the safety, comfort or convenience of the Vessel, her Master and crew and passengers.

9. RIGHT TO CHANGE ITINERARY

The Carrier shall have the right at its sole discretion and without any liability to the Passenger to depart from the scheduled itinerary for the Journey, to delay, advance or cancel any sailing, to omit or change ports of call, to arrange for substantially equivalent transportation by another Vessel and/or by another means of transportation, to require the Passenger to disembark from the Vessel temporarily or permanently, to tow or to be towed or to assist other vessels or to perform any similar act which in the sole judgment and discretion of the Carrier and/or the Master is justified.

10. EMBARKATION

Check-in at regional ferry terminals: You are required to check in 1 hour before the departure time at our counter. The check-in closes 40 minutes before the scheduled departure time for the service. Thereafter you should proceed to Singapore Cruise Centre 2nd floor the pre IMM gate 30minutes before scheduled departure time for that service. Effect of late arrival or check-in: We may give your seat to another passenger if you arrive later than the scheduled check-in time (1hour before departure time), in which case you will be considered to have missed the ferry. We shall not be liable to you if you miss the ferry as a result of your late arrival, and we shall not be obliged to hold up any ferry to wait for you, or to provide a seat on any other schedule ferries.

11. FREE LUGGAGE ALLOWANCE AND CABIN LUGGAGE

11.1 Passengers are required to check-in their baggage 30 minutes before departure. Passenger may carry 20kg free of charge luggage. Passenger shall pay a charge of $1 per kg for the carriage of luggage in excess of the free luggage allowance. The maximum weight for one luggage allowable for check-in shall not exceed 30kg. The total maximum limit for bags/weight allowable for check-in shall not exceed more than 3 pieces or 40kg in total weight per passenger.

11.2 The Passenger may carry with him on board the Vessel as Cabin Luggage one item of hand luggage provided that it is capable of fitting in a luggage rack or under seats however no larger than 55cm X 40cm X 20cm with weight per bag not exceeding 10kg. We shall not be obliged to carry luggage in excess of this allowance.

11.3 Additional baggage charge may apply for odd, oversize and items that are listed at the baggage counter. Fragile items such as electrical goods, portable televisions, radio, & etc will only be able to check-in if it is properly packed in suitcases or other suitable containers to ensure safe carriage with ordinary care in handling. Majestic Fast Ferry shall not be responsible for any loss and/or damage to the luggage and property of the passengers unless it is directly caused by the gross negligence of Majestic Fast Ferry. The limitation of compensation for any loss of the luggage or property shall be $100.00 per passenger.

12. VALUABLES

12.1 The carrier shall not be liable for the loss of or damage to monies, negotiable securities, gold, silverware, jewellery, ornaments, works of art, or other valuables, except where such valuables have been deposited with the carrier for the agreed purpose of safe-keeping in which case the carrier shall be liable up to the limit provided for in paragraph 3 of Article 8 unless a higher limit is agreed upon in accordance with paragraph 1 of Article 10.

13. PROHIBITED LUGGAGE AND ARTICLES

13.1 Passengers are not permitted to take on board:

(a) Any live poultry, fish, shellfish, household pets or other animals;

(b) Any dangerous or prohibited articles or other articles of the kind referred to in Clause 14.

13.2 The servants or agents of the Carrier shall be entitled to search Passengers and/or their luggage and goods travelling with them to ascertain whether there are any articles within the provisions of this Clause 13. The Passenger agrees to allow such search upon being requested by the Master of the Vessel or other authorized servants or agents of the Carrier to do so.

13.3 The Carrier may further refuse to permit on board any items which in the opinion of the Carrier are unsuitable for carriage by reason of their weight, shape, size or character.

14. WARRANTY AS TO DANGEROUS GOODS

The Passenger warrants that no goods brought aboard by him or her, whether in his or her luggage or otherwise, are contraband, arms, ammunition, prohibited by any Government, of a dangerous nature or such as to endanger the health or safety of other Passengers and will be absolutely responsible for and will fully indemnify the Carrier against any detention of the Vessel and any penalties, fines, expenses, loss, damage or liability of whatsoever kind resulting from a breach of this warranty. The Carrier, its servants and agents shall be at liberty in their absolute discretion to jettison, land, destroy or render innocuous any such goods and the Passenger shall pay all charges and expenses incurred in or in consequence of such act by or on behalf of the Carrier.

15. REFUSAL OF EMBARKATION

15.1 The Carrier may refuse to allow on board any Passenger who is:

(a) in possession of any animal or goods of the kind referred to in Clause 13 or who has an excessive quantity of luggage or who refuses to submit himself or his luggage or goods to a search when requested to do so;

(b) Not in possession of a proper document valid at the ports of embarkation and disembarkation;

(c) in the opinion of the Carrier drunk, seriously ill or suffering from infectious disease or who is behaving in such a manner as to be undesirable or to constitute a threat to safety or comfort of other Passengers.

15.2 In the event of refusal of permission to board under Clause 15.1, no refund of fare will be made.

16. ISSUED TICKET

Any issued ticket is not resalable and is valid only for the route; date and time specified on the face of the ticket, unless otherwise permit by Majestic Fast Ferry.

17. NOMINAL FEE

A nominal fee of $5.00 will be imposed for any amendment or alternation to any ticket issued. Any cancellation must be made in writing by fax or email to Majestic Fast ferry. A cancellation is effective only upon receiving the fax or email. Refunds are solely at the discretion of the Management of the Majestic Fast Ferry. All claims against Majestic Fast Ferry shall be in writing.

18. FARES

The current rates of fares are displayed on the website and at all Majestic Fast Ferry ticketing locations. All fares quoted by Majestic Fast Ferry are subject to change without prior notice.

19. SURCHARGES

We may charge you an additional fare or surcharge for your ticket by counter notice. The types of surcharges currently practiced in the travel industry are fuel and security surcharges. If we ask for an additional fare or surcharge, your ticket will cease to be valid for travel until you pay that additional fare. If you do not agree to pay that additional fare, you may cancel your ticket by informing us at least 48 hours before you are to travel, in which case we will refund a reasonable amount of the fare you paid for your ticket relating to any unused portions or unexpired periods of validity of your ticket.

20. TRAVEL DOCUMENTATION:

YOU MUST ENSURE THAT YOU TRAVEL WITH A VALID PASSPORT AND A VISA FOR THE COUNTRY THAT YOU WISH TO ENTER IF REQUIRED BY THAT COUNTRY. You are responsible for obtaining, and when you travel on any service you must have with you, appropriate travel documentation, including: reasonable proof of your identity; any photo card, student card or other card required to be presented with your ticket; all documents, authorizations and permits which you are required to have to enter, remain in and leave the countries from, through or to which you are travelling, including a valid passport and visas; and any other documents required by the law of the countries concerned. You are responsible for complying with all laws of any countries from, to or through which you are travelling. You must permit your travel documentation to be inspected and copied: You must produce your travel documentation for inspection when asked by us, and you must submit to security checks by any governments, officials, or other ferries. You permit us to make duplicate copies of your travel documentation. Travel documents currently required for immigration clearance (subject to change beyond our control):

I. International Passport (with at least 6 months validity)

II. Boarding Pass

III. Embarkation Card

IV. Visa if required (list of countries entitled to apply for visa on arrival is available at check-in counters)

Failure to produce or travel without valid documentation: If you do not produce your travel documentation when asked, or refuse to submit to any inspection or security check, or are refused exit from or entry to any country through which a service passes, or you present any documentation which reasonably appears to be insufficient, or which appears to be invalid .We shall be entitled to refuse you further entry, remove you from any ferry, and to cancel and confiscate your ticket and any documentation you have provided. In such case, we shall have no liability to you or obligation to refund any fare, and you shall be responsible for making your own way to your destination or back to where you travelled from. If we are required or liable to pay any fines or other costs (such as the cost of returning you to any place) as a result of your having incorrect or invalid travel documentation, or being refused exit from or entry to any country, you shall pay to us on demand the amount of any such fine or costs.

21. CHANGING OF SCHEDULE

Majestic Fast Ferry has no liability to passengers on changing of schedule or cancellation without prior notice and no refund of fare will be made.

22. SAILING SCHEDULES

From time to time sailing schedules may be interrupted or changed and crossing times extended due to adverse weather conditions or other unforeseen circumstances beyond our control. We cannot accept liability for any costs or inconvenience caused by such delays. In these circumstances we will do our best to advise you of any delays.

23. LAW AND JURISDICTION

The Contract shall be governed by Singapore law and, subject always to the applicable provisions relating to jurisdiction of the Athens Convention, any dispute there under shall be determined in the Courts of Singapore.