Passengers are carried subject to their unconditional understanding and acceptance that the Company shall not be liable for the death or injury, damage, loss, delay or accident to Passengers, their apparel or baggage, whatsoever, wheresoever and howsoever caused by its servants, agents or representatives or the unseaworthiness of the Vessel (whether existing at the time of embarkation or sailing, or at any other time) or otherwise, or for any Sea Risks whatsoever save where such damage, loss, delay or accident is caused by any fault or neglect of such persons acting within the scope of their employment.
By accepting or receiving a ticket, each Passenger agrees both on his or her behalf and on that of any person or child travelling with him or her or in his or her care, that all rights, exemptions from liability, defences and immunities of whatsoever nature referred to in Clause 15 hereof shall in all respects inure also for the benefit of any servants or agents of the Company acting in the course of or in connection with their employment or that in no circumstances shall any such servant or agent as the result of so acting be under any liability to any such passenger or to any such person or child greater than or different from that of the Company. For the purposes of the agreement contained in this clause all persons who are or might be the servants or agents of the Company from time to time shall be deemed to be acting on behalf and for the benefit of the Company and all such persons shall be deemed to be parties to the contract contained in or evidenced by such ticket.
The Master may refuse to take on board any vessel any person who, in the Master's opinion, may constitute a hazard either to the safety of the vessel or to the safety of other persons on board that vessel or who, in the Master's opinion, may be a nuisance or annoyance to other Passengers.
A commuter may be requested to produce his identity card or “Karta Anzjan” at the time of the issuing of the ticket, or at any other time of boarding the vessel or during the trip, so as to establish his identity as a Gozo resident or senior citizen respectively.
A commuter may be requested to produce his ticket, on demand by an authorised officer, in order to check and inspect the tickets and their validity, and the entitlement thereof in the case of subsidised fares, both before boarding the vessel and, or on board the said vessel.
In these conditions: "Company" means Gozo Channel Operations Limited;
"Courier Articles" means all kinds of loose cargo, parcels, packages, newspaper consignments and other items satisfying the dimensions and/ or weight specifications as may be determined by the Company from time to time, and excludes any illegal, dangerous, hazardous or toxic Goods.
"Customer" or "Passenger or Commuter" means any person utilising the services of the Company.
"Goods" includes livestock and animals of all kinds, vehicles including passenger vehicles, passengers' unaccompanied luggage, merchandise and personal property of any kinds whatsoever, together with any packaging and the container and/or vehicle in which they may be carried;
"Owner" means the Owner, haulier, consignee or receiver of Goods or their servants or agents;
"Sea Risks" means any and all risks normally associated with navigation and seafaring;
"Shipment" means the carriage of Goods, vehicles or passengers and shall be deemed to subsist from the moment such Goods, vehicles or passengers are loaded onto the Vessel in the port of loading and are discharged at the port of destination, or such other alternative port that may be utilised by the Company in fortuitous circumstances.
Nothing in these terms and conditions is to be construed as a derogation of any right competent to the Company under any law, rule or regulation applicable in Malta from time to time, whereby any liability arising from any act whatsoever may be limited or excluded and the Company hereby reserves its right to limit its liability in terms of law.
Any Shipment contract undertaken by the Company in terms of the present Conditions of Carriage shall be governed, read and construed in accordance with Maltese law and any disputes arising therefrom shall be determined in Malta to the exclusion of the jurisdiction of the Courts of any other country.
The Company undertakes the loading, Shipment , discharge and delivery of Goods solely upon and subject to these conditions.
Customers utilising the services of the Company expressly warrant that they are the Owners of any Goods or cargo brought onto the Vessel and that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who are or may thereafter become interested in the Goods.
The Company will have the right to inspect the contents of any parcel or package and will not be bound to receive or forward any parcels or packages the contents of which shall not be declared at the time of being tendered. The Company reserves the right to require the unloading of the whole or any part of the load of any vehicle or of any vehicle itself or to refuse the loading of the whole or any part of the load of any vehicle or of any vehicle itself if in the opinion of the servants of the Company it is necessary to do so in the interests of safety or convenience of handling and no liability is accepted by the Company in such event.
The Company shall be entitled to employ or contract with other shipping companies, carriers or persons for any purpose of, or incidental to the Shipment of any Goods. The responsibility of the Company shall be limited to the part of the transport performed by it on vessels under his management and no claim will be acknowledged by the Company for damage or loss arising during any other part of the transport even though the freight for the whole transport had been collected by it.
Any vehicle utilising the services provided by the Company shall be subject to all those restrictions and requirements regarding the weight, dimensions and condition of such vehicles as shall be determined and announced by the Company from time to time. Payment for the services so provided by the Company to the Customer shall be based on pre-established criteria similarly determined and announced by the Company from time to time. The Shipment of items considered as "courier" articles, and the Shipment of newspapers are in addition to the present terms and conditions regulated by terms and conditions governing specifically courier service. The Company does not accept any responsibility for the drainage, evaporation, depreciation or deterioration of the Goods occurring during shipment.
All Goods received by the Company or its agents or servants for the purpose of being carried or otherwise will be held subject to the special privileges established by law.
Neither the Company nor its servants or agents shall be liable for any loss or damage to any Customer's Goods or contents of vehicles, delay, mis-delivery or non-delivery in any circumstances whatsoever, which are not caused by any fault or neglect on the part of the Company nor its servants or agents acting within the scope of their employment or caused by the failure of any Customer to properly and safely secure any vehicles or Goods, whether loaded thereon or otherwise, for the entire duration of the shipment or for any Sea Risks whatsoever.
The Owners of goods shall be liable for any loss, damage or delay with respect to the Goods and/or to the property of the Company or of third parties and for personal injury or death to any persons wheresoever such damages are caused or inflicted by the Goods.
General average (if any) in accordance with York-Antwerp Rules, 1974, or any subsequent amendment thereto.
No servant or agent of the Company (including every independent contractor from time to time employed by the Company) shall in any circumstances whatsoever be under any liability whatsoever to the Shipper, Consignee, Owner of the Goods for any loss, damage or delay of whatsoever kind, except any such loss damage or delay arising or resulting directly or indirectly from any fault on his part while acting in the course of his employment. Without prejudice to the generality of the foregoing provisions of this clause, every right, exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Company or to which the Company is entitled hereunder, shall also be available and shall extend to protect every such servant or agent of the Company acting as aforesaid and for the purpose of all the foregoing provisions of this clause the Company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be its servants or agents from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be deemed to be parties to the Shipment contract.
The Owner shall furnish to the Company a statement of the identity of any dangerous, hazardous and toxic Goods entrusted to the Company or loaded onto any of its Vessels, indicating the nature of the danger involved by quoting the relevant UN packing group under which the Goods are classified and the UN number together with the IMDG code, where known, and flashpoint, where applicable. Tremcards must accompany those Goods for which they are required. Owners must comply with all laws, rules and regulations regarding such dangerous, hazardous or toxic Goods as are applicable in Malta from time to time.
The Company shall not be obliged to carry or otherwise handle dangerous Goods. Any refusal on the part of the Company to carry or handle such Goods shall be at the full discretion of the Company and shall not require the giving of any reasons whatsoever.
Goods of a dangerous nature to the Shipment whereof the Company has not consented with the knowledge of their nature and character, may at any time be unloaded, abandoned, discharged, landed, jettisoned, destroyed, rendered innocuous or otherwise disposed of by the Company without compensation, and without prejudice to Clause 11. the Owner of such Goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment whether or not the said Owner had knowledge or should have had knowledge of the nature and character of the Goods at the time of the shipment. If any Goods shipped with such knowledge and consent shall become a danger they may be dealt with in like manner.
The Hague Rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading dated Brussels the 25th August 1924 shall apply to this contract