Terms and conditions
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GENERAL CONDITIONS OF CARRIAGE
It is noted that not all rules of immigration and port requirements apply to all trips especially if vessels are remaining in St Maarten waters.
1 GENERAL RULES
1.1 - REGULATORY
The present general conditions of carriage are governed by the maritime laws of Sint Maarten. They cancel and replace all previous ones. They also apply to transport for free or discounted tickets, and will prevail over any other contractual document. In accepting travel on its vessels with tickets issued by the company, the passenger has accepted all conditions of carriage, in his name and the name of his heirs or his having rights, thus on the behalf of any person travelling with him, including children and anyone traveling under the protection, custody or supervision of the passenger and their insurers.
1.2 - CUSTOMS FORMALITIES, IMMIGRATION AND PRIVACY
The company cannot be held responsible for non-compliance by the passenger of the formalities of Customs, police and immigration related to passengers, baggage or goods. All passengers must ensure to be in possession of valid documents, allowing entry in the port served by the company. The company may deny access on board all passengers who do not fulfill the necessary conditions, before departure or upon arrival. In the event of refusal of entry by the authorities of a passenger or baggage, as a result of voluntary breach or non sharing of information by the passenger from the regulations in force, the Company may claim the refund fines, loss, repair, and any kind of costs that the company will incur in such a situation.
Personal information about passengers may be requested in order to carry out a reservation, to issue a ticket, provide an ancillary service, or to facilitate the accomplishment of administrative procedures. The passenger expressly agrees that this information may be communicated to our own offices, agents and providers of service or authority
Government, subject to applicable law.
1.3 REGISTRATION, BOARDING AND ACCESS BOARD
The company recommends passengers to inquire about availability of seats in advance before any departure, and are invited to show up with sufficient time for the formalities of departure. All passengers must present themselves systematically for registration, prior to boarding, which begins approximately one hour prior to departure and ends 15 minutes before the scheduled departure time. The procedures of controls before boarding can be long, the company disclaims any responsibility to any delays or to the fulfillment of these formalities.
Any passenger arriving less than 15 minutes before the scheduled departure time, even with a ticket or a reservation, will be denied access on board and waives any recourse against the company for any loss, damage or expense that may result from the denial. His / her reservation may be cancelled and the company may dispose of the seat.
The decisions will be made by the company on the basis of the maximum number of permitted passengers on the ship, or any number less than the maximum capacity that the company reserves the possibility to reduce, for reasons of security or commercial. Passengers already with tickets and reservations will have priority over other passengers when boarding.
Each passenger may have, at any time, to provide justification of identity.
With the exception of an electronic ticket, a passenger may travel only if he / she presents a valid ticket (including a passenger receipt and/ or a valid boarding pass). In the case of an electronic ticket, a passenger may travel only if he /she produces a valid and corresponding identification and if a valid electronic ticket has been issued in his / her name.
1.4 - LIMITATION OF BOARDING
Passengers needing special assistance must make a prior declaration to the Company and request permission for safe transportation. In particular:
- Unaccompanied children
- Passengers with reduced mobility
- Pregnant women
- Sick people
- All other persons needing special assistance
The company recommends that passengers requiring special assistance for medical reasons consult a physician prior to departure, and to take any useful precaution.
Passengers needing special assistance should take all useful precautions before departure (including checking the weather) and ensure that they will be able to make the trip. Even in the event that the company gave its agreement for the carriage of a passenger requiring special assistance, its liability shall not be sought thereafter.
1.5 - REFUSAL OF EMBARKATION AND DISEMBARKATION
The company reserves the right to deny access at any point of embarkation aboard any passenger who, in the opinion of the officers or agents of the company, would not meet the following conditions:
- Compliance with applicable law, lack of valid travel documents, observance of the safety regulations and instructions
- Transportation of baggage that may endanger the safety, health and comfort or the convenience of other passengers or crew
- A Mental, or physical state including caused by consumption of alcohol or taking of drugs or medications, that endangers, and even is a risk to themselves, or other passengers, the crew or the property.
- Bad behavior on a previous trip suggests that such conduct may renew itself. Are particularly concerned the passengers whose physical behaviour or verbal, and/or disrespectful attitude, prevented the crew or officers of the company in carrying out their functions, or caused delays or obstructs the departure of the vessel
- Refused to submit to security checks or who refused to provide proof of his / her identity.
- Would have previously sought to defraud the company.
- Has not paid full tariff in force and/or all costs, taxes.
- In the latter two cases, the company reserves the right to retain the ticket.
1.6 - BAGGAGE AND GOODS
Each adult passenger has, subject to space available, an allowed luggage of 1 small "carry-on" that must be kept on board by passengers during the journey, and which will remain under their custody and responsibility at all times. In excess of one personal bag, other baggage is allowed, subject to space availability and will be charged accordingly on board. Our vessels do not transport unaccompanied cargo or unaccompanied excess baggage. All items on board are the sole responsibility of the passenger bringing them.
Passengers agree to label on each parcel and baggage, their name, their destination in a legible and sustainable way. It is recommended to remove any fragile objects or objects of great value. The company accepts no responsibility for loss, damage or penalty. Motorised vehicles are not allowed on board. The company reserves the right to refuse the transportation of any package for operational reasons, security or even to preserve the comfort and the convenience of passengers.
For security reasons, the company may ask that an inspection of baggage and goods shall be made. In the event of refusal on the part of the passenger, the company may deny the passenger and his luggage access aboard. The passenger then expressly waives any claim for injury or damage to its property.
1.7 - UNAUTHORIZED GOODS
Not allowed on board - the following goods placed in baggage:
- Flammable, explosive or dangerous materials (such as: matches, powder, cartridges,) bottles of gas, films, fireworks etc...).
- Items whose importation is prohibited, or which will not comply with the laws and regulations of Customs or police.
Any passenger who will be discovered with such goods will be responsible towards the Company for damages and expenses that may result from the penalties laid down by St Maarten and visiting port’s laws.
1.8 - BAGGAGE DELIVERY
The company makes no commitment to proceed with the delivery of the baggage.
1.9 - ANIMALS
Domestic animals are accepted on board, only after prior authorization of the Company, in suitable caging and with all documents in good standing required, accompanied by and the responsibility of a travelling passenger. They are then transported without any guarantee of injury, loss, delay, sickness or mortality, and the company assumes no responsibility for damages, of any nature whatsoever, which may occur during travel. In the event of failure to comply with the above rules, a passenger travelling with such an animal may charged by the company any money, fine, loss, repair, and any kind of costs that the Company will be engaged in such a situation, without prejudice to the penalties laid down by laws local and foreign.
1.11 - INSURANCE
No insurance is included in the services offered by the company. Passengers must therefore make sure that they are covered by their insurance in terms of civil liability or personal insurance. The company recommends passengers to secure insurance appropriate to cover the potential risks, including baggage and goods (particularly in the case of valuable goods transported), or delays, changes and cancellations.
1.12 - DAMAGE TO THE VESSEL
In case where the passenger would cause damage to the vessel or its furnishings or to any object belonging to the company, it will be liable to the company and must repair the damage caused.
1.13 - INJURY AND LIMITATION OF LIABILITY
For all damage to his person, the passenger must contact the company no later than 5 days after the date of travel, by registered letter with acknowledgement of receipt. Past this time, no claim will be taken into consideration. All restrictions, exemptions and stipulations of this contract concerning liability of the Company are also applicable to the liability of its agents, its employees and other representatives and committed owners, agents, employees and other representatives of any substituted vessel.
1.14 - VALIDITY OF THE CONTRACT
The illegality or the nullity of a clause, paragraph, or a stipulation any of this agreement, will not affect or invalidate another paragraph or stipulation of the contract.
1.16 - CLAUSE CONFERRING JURISDICTION
The competent court to which the execution of the present contract may result is the High Court of St Maarten. The passenger declares to accept this jurisdiction and agrees not to pursue the Company in all other courts.
2. TARIFF CONDITIONS - TICKETS - CHANGES - CANCELLATIONS
2.1 - RATES
The rates apply as per the advertised inclusions. The company has implemented a flexible pricing and specifically reserves the possibility to modify it’s rates at any time, without notice. The tariff will be calculated in accordance with the tariffs in effect on the date of purchase of the ticket, for a planned trip dates and time for the route indicated on this ticket. Any change of itinerary or the dates of your trip may have an impact on the tariff.
2.2 - FEES, TAXES AND ROYALTIES
All levies, taxes or charges imposed by a Government, by any other authority or by the port handler will be the responsibility of the passenger. When purchasing a ticket, the passenger will be advised of these fees, taxes or royalties, which are in addition to the rates and, in most cases, appear separately on the ticket. They are constantly changing and can be created (or increased) after the date of purchase of the ticket, in which case the passenger will have to pay the corresponding amount.
2.3 - LOYALTY PROGRAM AND PROMOTIONS
The company can implement programs of loyalty in the form of purchase of group tickets, loyalty cards or any other forms of tickets on preferential terms. Promotional fares are refundable, changeable or exchangeable under the same conditions as regular fare. The company reserves at any time, the right to refuse the participation of a passenger in promotions without any reason of refusal.
2.4 - SALE AT DISTANCE
The company has a website and a central telephone reservations for any information, reservation or registration.
2.5 - ISSUANCE AND VALIDITY OF TICKET
Tickets or booking vouchers are personal and cannot be transferred. Tickets remain at all times the property of the company.
2.6 - CHANGE
Fee changes are applicable per trip and per any change of hour, day of departure or return, or number of passengers. If the passenger chooses a date or a different schedule for which the crossing is a lower price than purchased at, he she cannot claim a refund afterwards. If the crossing price is more, he / she must pay the corresponding supplement. He / she will also pay the difference between the initial rate and the rate for the day of travel. Some promotional offers are not flexible.
2.7 - CANCELLATION - REFUND
Under certain conditions, passengers can cancel their contract of carriage, with costs, by notifying the company in writing, or by calling ahead.
Amount of cancellation fee for regularly scheduled trips:
- Cancellation received more than 24 hours before departure: total amount of tickets.
- Cancellation received less than 24 hours before departure: 50% of the total amount of tickets.
- No show – no refund.
No cancellation will be refunded without the original purchase ticket. Some travel may be subject to conditions which limit or exclude the possibility of changing the itinerary, dates of travel, or the possibility to cancel the trip; and so to get a refund.
2.8 - CHANGES TO THE SERVICE BY THE COMPANY
The company retains the right to override its ships departure due to: Changes or interruption or delays in departures and arrivals of other vessels, lack of sufficient numbers of booked tickets, or cases of quarantine; health, meteorological conditions, civil war or foreign blockade of port, the ships ordered detention by the port, strikes total or partial coalitions of patrons, workers, officers, sailors and employees. They subsequently decline all responsibility for the consequences of these irregularities or interruptions or deletions of service and the costs and risks of stay will be for the passenger.
2.9 - AUDIENCE AND RESCUES
It is permissible for the master of the vessel to assist as a rescue vessel in all situations. Passengers renounce any claim to reimbursement of tickets due to delays caused by means of rescue operations.