AFerry Ltd Booking Conditions
These terms and conditions apply to all our ferry and train booking services (our “Services”) made available online, through any mobile device, by email or by telephone. They set out the terms on which we, AFerry Ltd (incorporated in England and Wales with number 04127327) of 2morrow Court Appleford Road, Sutton Courtenay, Oxfordshire, OX14 4FH (“we”, “us”, “our” or “Company”), provides a booking service for third party train and ferry services through this website (the “Website”).
Please read these terms carefully before making a booking. When you phone us or use the Website to book ferry or train travel, you will be required to agree to these conditions. If you do not agree to these conditions, you should not make use of our Services.
Through the Website we provide an online platform through which ferry and train operators advertise their services for reservation, and through which visitors to the Website can make reservations. By making a booking, you enter into a direct (legally binding) contractual relationship with the ferry or train provider (the “Operator”) with which you book. From the point at which you make your booking request, we act solely as an intermediary between you and the Operator, transmitting the details of your booking to the relevant ferry or train provider and sending you a confirmation email for and on behalf of the ferry or train provider.
By making a booking request using the Website or by phone, you will also be subject to the terms and conditions of the Operator who you are travelling with. By accepting these terms and conditions, you will also be accepting the Operator’s terms which you can review on the specific Operator article, you are travelling with, in our Help Centre. It is your responsibility to familiarise yourself with the Operator terms, which apply to your booking. In the event of any conflict or inconsistency between these booking conditions and the Operator Terms, the Operator Terms prevail.
While we use reasonable endeavours to select reputable Operators to advertise ferry and train travel through the Website, we are not responsible in any way for the travel provided by the Operators nor for any statements made in advertisements placed by the Operators. If after completing a booking you have any queries or concerns about the booking or the train/ferry travel, please contact the Operator directly.
You can book ferry and train travel from Operators by following the process outlined on our Website (or as directed by our customer service agents over the phone). You acknowledge that by placing a booking you will be under an obligation to pay the total booking value inclusive of all relevant taxes, cancellation fees, no-show fees and other extras (such as meals), service charges and surcharges which are included for the transport booked by you. The booking process on the Website allows you to check and amend any errors before submitting your booking request. Please take the time to read and check your booking at each stage of the booking process.
If you (or any travellers) have any special requests, medical conditions or disabled access requirements which may affect your booking, you must let us know before making a booking request so we can find out from the Operator if their travel service is suitable before you make a booking.
All bookings are subject to acceptance by the Operator. You will be sent an email to confirm acceptance of your booking. The contract between you and the Operator will only be made when we send you this email, as an agent for the Operator, to confirm acceptance. We will charge your chosen payment method after we accept your booking.
The person who makes a booking must have the authority to make any booking on behalf of any other travellers and must ensure that all information provided is complete and accurate. You are responsible for maintaining the confidentiality of any username and password used by you in relation to the Website. If you forget your password or believe that someone else may have accessed your account in an unauthorised way, please contact us immediately.
You are responsible for ensuring that the name on each traveller's passport matches the name on the booking confirmation, otherwise, the travellers may not be able to travel. If any traveller changes his or her name between the date of the booking and the date of travel (for example, following marriage), you must contact us.
Fares and General Information
All train and ferry travel is offered subject to availability as notified by the relevant Operator. We will inform you as soon as possible after placing a booking request if, for any reason, the service you have booked is not available. Promotional fares are subject to additional special conditions which will be provided to you at the time of booking. Your booking may require travellers to travel on or within specified dates and times. Failure to do so may result in a traveller being refused boarding and/or additional charges being applied and/or having the booking specification amended.
Additional items of carriage not forming part of a vehicle (such as roof boxes/bike racks) will be charged in addition to the fare advertised. Additional charges as contemplated in this paragraph may be debited to your credit or debit card that you used when making a booking, without further reference to you.
Passport and Visa Requirements
It is your responsibility to ensure you have the appropriate photo ID and Visa to travel. In general terms this is a valid passport however for some routes, this may be just a valid photo ID. Please check the ferry operator's terms and conditions for who you are travelling with as requirements may change depending on current legislation. AFerry Ltd cannot be held responsible for any refusal to travel by the ferry operator due to incorrect or invalid documentation.
The carriage of animals is only permitted if you notify us before making the booking request. Any such carriage must be in accordance with any relevant legal requirements and the terms and conditions of the Operator and may incur an extra charge. You are wholly responsible for any animals in transit and for obtaining any necessary documents, consents and permissions for their travel and border entry.
Freight, Commercial Vehicles and Hazardous Materials
Special conditions and tariffs apply to the carriage of freight and commercial vehicles. The definition of what constitutes a freight vehicle and whether any special tariff applies is determined by the Operator in each case. Commercial passenger vehicles exceeding 6.5 metres in length and constructed or adapted to carry 8 or more passengers and/or not classified as private cars by the ferry Operator may be subject to a different tariff. In the event that the vehicle is booked as a car or private vehicle, but is found to be a commercial passenger vehicle the full tariff will be charged and/or carriage will be refused without refund. For further information on freight tariffs and rates, please contact our freight department at +44 (0)844 576 0060.
Neither the Company nor the Operator will accept bookings for vehicles that are carrying dangerous or hazardous materials, including in certain circumstances vehicles powered by LPG. Please refer to the Operator’s terms and conditions for full details of additional conditions or charges that may apply.
Confirmation and Payment
We act as a payment agent for the Operator. We accept payment from you on behalf of the Operator using the payment methods listed on our Website. You must pay the total booking value for each booking at the time of booking and before a confirmation is issued. Upon receipt by us of payment in full we will issue a confirmation advice note that sets out the details of your booking. The contract between you and us is formed once this confirmation advice note has been issued either by electronic confirmation via our Website or by email or telephone. If you have not received confirmation from us within 24 hours of you making the booking, you should contact our customer services team.
By making a booking you are confirming that the payment details provided by you on the booking are valid and correct. If any payment method is rejected, we may contact you requesting an alternative payment method or we may cancel your booking. If you pay for your booking with a credit card, a processing fee applies. This processing fee will be displayed before you pay and will not be greater than the cost to us of processing your payment. Either we or the Operator will issue you with an electronic ticket for your travel.
Alterations and Cancellations
The Operator’s cancellation policy will apply to all bookings. Once payment has been taken and a booking has been confirmed, the booking cannot be changed or cancelled by you nor can the payment be refunded, unless otherwise stated in the Operator’s terms and conditions. The provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 relating to the cancellation of contracts do not apply to passenger transport services.
Timetables and Check-in
All departure/arrival times are estimated by the Operator and are given as local times - please refer to your booking confirmation for details. Full details of the circumstances under which an Operator can amend your booking specification will be contained in their terms and conditions. We do not accept liability howsoever arising for any costs or inconvenience caused as a result of changes by the Operator to the details of your booking specification. The latest check-in times are as stated during the booking process and also on the booking confirmation. Each traveller must have all the necessary travel documents to enter the countries which he or she intends to visit and for re-entry into the country of departure.
If we fail to comply with these conditions, we will be responsible for the loss or damage you suffer that is a foreseeable result of our breach of these conditions or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
The maximum loss or damage we will be responsible for failing to comply with these conditions is limited to the price of the booking fee you paid to us for the ferry or train services to which the loss or damage you suffer relates.
We do not in any way exclude or limit our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other limitation that is excluded by law from time to time.
Although we will use reasonable skill and care in providing a booking platform through our Website we will not verify if, and cannot guarantee that, all information is accurate, complete or correct. Each Operator remains responsible at all times for the accuracy, completeness and correctness of the information (including the rates and availability) displayed on our Website and we cannot be held responsible for any errors (including, but not limited to, any manifest and typographical errors).
Offering ferry and train services on behalf of the relevant Operator by us does not constitute an express or implied endorsement or recommendation by us of such ferry and/or train services. You understand and agree that we act as an intermediary between you and the Operator, and we will not be held liable with respect to the Operator's services.
While we take every effort to make the Website available at all times, we will not be liable for any interruptions to the Website and booking platform (whether due to breakdown, repair, upgrade or maintenance of the Website or otherwise).
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including (but not limited to) acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.
You are responsible for fully complying with these conditions and any additional requirements imposed by the Operator or by law.
Customs Requirements for Travel from/to the United Kingdom (UK) and to/from the European Union (EU)
In the event that the UK of Great Britain and Northern Ireland leaves the EU without a binding agreement between the UK and the EU in relation to the terms of the UK’s departure, such that the UK’s relationship with the EU countries is wholly that of a “third country”, the Standard Terms of Business will be amended by the inclusion of the additional terms as set out below and such amendments will become immediately applicable:
You will ensure that you comply with all regulations or requirements of any Customs, port or other Government Authority and shall complete and submit all such documentation, declarations, notices or forms, or combination of the foregoing declarations (whether such submission is the primary responsibility of you or any other person) as may be required in relation to the Goods, to the relevant Customs, port or other Government Authority.
AFerry shall have no responsibility or liability whatsoever for completing and submitting the Declarations to the Authorities.
You will be responsible for ensuring the accuracy, sufficiency and completeness of all Declarations and AFerry shall have no liability whatsoever in the event of missing or incorrect data.
Where the Authorities require the pre-notification of the arrival of the Goods at the port of arrival, you will ensure that such pre-notification is provided and AFerry shall have no liability in the event of any failure to comply with such a requirement.
You will bear and pay all duties, taxes, fines, imposts, expenses, losses, liabilities, penalties and or damages incurred or suffered as a result of your failure of you to comply with its obligations in relation to the Declarations contained in this Schedule and shall indemnify and hold harmless AFerry in respect of the same, or any failure to make such Declarations and/or any incorrect data therein.
If you are unhappy with any aspect of the train or ferry travel that you have booked and wish to complain, then please raise this with the relevant Operator directly at the time so that they can try to address any issues raised by you.
However, if you have a dispute with us, relating to our contract with you and your use of the Website, in the first instance please contact us and attempt to resolve the dispute with us informally.
In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.
Contact details and notices
If we have to contact you or give you notice in writing, we will do so by e-mail or by phone to the address/number you provide to us in your booking.
If you have any queries about these terms and conditions or need to give notice to us, please contact us.
Intellectual Property Rights and the Website
We are the owner or licensee of all intellectual property rights in the Website and any material published on it. These rights are protected by laws and treaties around the world including, but not limited to copyright, design rights, database rights and trade mark laws. You may not use any of these intellectual property rights without our express permission.
If you complete and submit a review to us following your use of our Services we may upload your guest review onto our Website or related third-party review website for the purpose of informing future customers of your opinion of the quality of your travel experience. We may also use your review for marketing or promotion, or to improve our services. We reserve the right to adjust, refuse or remove reviews at our sole discretion.
Privacy and cookies
Even if we delay in enforcing this agreement and terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
You need our consent to transfer your rights to someone else. We may transfer our rights and obligations under this agreement with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under these terms and conditions.
If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect
We may change these booking conditions from time to time, but any changes will not apply to any bookings that you have already made.
An Operator may directly enforce any provision of these terms and conditions which is expressly, or by implication, for its benefit. In any other case, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these conditions, with the exception of the rights provided for the Operators.
These terms and conditions are governed by English Law and each party irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or its subject matter or formation.
© AFerry Ltd, 2morrow Court, Appleford Road, Sutton Courtenay, OXON, OX14 4FH, United Kingdom. Company Registration Number: 04127327