CONDITIONS OF CARRIAGE OF WINDERMERE LAKE CRUISES LIMITED

1.            Definitions

            In these Conditions:

“The Carrier” means Windermere Lake Cruises Limited company number 929280 (Registered in England & Wales) whose registered office is at Winander House Glebe Road Bowness-on-Windermere Cumbria LA23 3HE

“Employees, agents and independent contractors of the Carrier” includes the owners, charterers and operators of any vessel or transport facility who may at the request of or by agreement with the Carrier (whether express or implied) perform the whole of any part of the carriage of passengers which the Carrier has agreed to undertake and also includes the employees, agents and independent contractors of such owners, charterers or operators.

“Passenger” means the person to whom the ticket is issued and shall include all persons travelling under the ticket.

2.            Conditions governing the contract of carriage

(A)       All tickets are issued and the Carrier will carry passengers and their luggage subject to the following conditions.

(B)       Where a ticket is issued in respect of a number of passengers the person to whom the ticket is issued contracts as agent for all the Passengers in respect of whom the ticket is issued so that all such Passengers are bound by these Conditions.  

3.         Extent of liability of the Carrier

The Carrier does not accept any liability for any loss of or damage to the Passenger’s property arising off the Carrier’s vessels or in any transfer conveyance or on any premises used by the Carrier whether or not such loss is caused by the negligence or fault of the Carrier or its employees, agents or independent contractors.  The Carrier shall not be liable for the act, neglect or default of its employees or agents acting outside the scope of their employment.

4.         Liability of employees, agents and independent contractors of the Carrier

The Carrier in making these conditions does so for itself and for and on behalf of each and every one of its employees, agents and independent contractors.  The acceptance of a ticket by the Passenger shall be conclusive evidence of his agreement that all rights, exemptions from and limitations of liability afforded to the Carrier by these conditions shall extend to each employee, agent and independent contractor of the Carrier acting within the scope of his employment or other contract and all such persons shall be deemed to be parties to the contract of which these Conditions form part.  The performance or prospective performance by such persons of any duties or services in any way related to such contract shall be deemed to be good consideration moving from such persons to the Passenger.

5.            Variation of Conditions

The Carrier’s employees have no authority to waive or vary this contract or any of these Conditions.

6.            Cancellation of or alterations to services and refunds

(A)              The Carrier reserves the right to cancel, interrupt, vary or divert the scheduled sailing of any vessel when in its opinion or in the opinion of the Master it may be expedient owing to the weather or any other cause.

(B)              Any refund of any fare shall be at the sole discretion of the Carrier except as provided in sub-paragraph (C) below.

(C)              The Carrier or the Master of the vessel may refuse to carry any Passenger or luggage on any sailing for any reason relating to the safety of the vessel or any property on board the vessel or to the safety, comfort or convenience of any other Passengers.    In such circumstances the Passenger shall not be entitled to any compensation or payment whatsoever save that the Carrier shall refund to the Passenger any fare or other charges paid in respect of that sailing.

7.            Passengers to comply with Master’s orders

Passengers shall be bound by and shall comply with all regulations and orders made or given from time to time by the Carrier or the Master with respect to Passengers and their luggage.

8.            Dangerous goods

The Carrier will not accept dangerous goods for carriage on any vessel. Inflammables, explosives, corrosives, loaded firearms, and all such articles, which may involve undue risk, must not be packed in luggage.

9.         Lost property

The Carrier shall not be liable for loss of or from or for damage or delay to or for detention of any property, which is left on the Carrier’s vessels or premises.

10.       Limits of liability

(A)       The Carrier acknowledges its unlimited liability at common law to compensate individuals injured through the negligence of the Carrier or of its employees acting within the scope of their employment.  Nothing in this Condition applies to that liability.

(B)       All liability of the Carrier to the Passenger under this contract (whether or not involving negligence) shall be subject to the following provisions of this Condition.

(C)       The Carrier’s liability shall be limited to £200 in respect of any one Passenger for any one carriage.

(D)       The Carrier shall have no liability for any indirect, special, consequential or economic loss.

(E)       The Carrier shall have no liability in respect of any claim unless:-

(i)                 in the case of apparent damage to property, notice of the claim has been given to the Carrier before or at the time of disembarkation of the Passenger and such notice has been confirmed in writing to the Carrier within one month thereafter;

(ii)                in the case of other damage or loss, written notice of the claim has been given to the Carrier within one month after the date of carriage; and

(iii)              legal proceedings in respect of the claim are begun within twelve months after the date of the carriage.

11.       Law and interpretation

(A)       This contract shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.

(B)       The headings to Conditions shall not affect their interpretation.