Terms & Conditions of sales
PREAMBLE
The present terms & conditions of sales and carriage come into effect on June 8,
2007. They cancel and replace all earlier conditions. They are subject to the French law
66-420 of June 18th 1966 and the Decrees 66-1078 of December
31st 1966 and 67-268 of March 1967. Where appropriate, these conditions
shall be subject to the Athens Convention of December 13th 1974 and the English Merchant
Shipping Act of 1995 ((hereunder called English Law).
Copies of these conditions are available on demand.
The client acknowledges that he has read the terms and conditions of sales and carriage
and he confirms his acceptance of these Conditions.
The NORMAN SPIRIT, the NORMAN VOYAGER, the SEVEN SISTERS and the COTE D'ALBATRE are operated by Louis Dreyfus Lines located at
28, Quai Gallieni 92158 SURESNES Cedex, when sailing on the routes Le Havre / Portsmouth,
Le Havre / Rosslare, Boulogne / Dover and Dieppe / Dover.
1.Non-Transferability
The Passage Contract is valid only for the Passenger or Passengers for whom it is issued,
for the date and Vessel indicated, or for any substitute Vessel, and is
non-transferable.
The Conditions of Carriage set out the terms that apply between the Passenger and the
Carrier. No amendment to the Conditions of Carriage shall be considered valid unless made
in writing and signed by a Director of the Carrier. The Terms and Conditions of Carriage
shall be severable and the invalidity of any provision shall not impair the validity of
any other provision, or of the Conditions of Sales & Carriage.
2.Definitions
In the Terms and Conditions the following expressions have the meaning hereby assigned to
them:
Carrier means the Owner or any Charterer, whether
bareboat, Demised Charterer, Time Charterer, Sub Charterer, or Operator of the Vessel,
their servants and/or agents or any other person or Company to the extent that it acts as
Carrier or Performing Carrier in accordance with the definition provided in the Athens
Convention.
Passage Contract means the Contract for Carriage into
which the Passenger had entered with the Organiser under the terms of the Booking
Conditions which incorporate the Terms and Conditions of Carriage.
Organiser is the party which has contracted with the
Passenger to provide the Carriage.
Luggage is any baggage, package, suitcase, trunk,
effects, article, matters or items belonging to or carried by any Passenger, including
cabin luggage, hand luggage, articles owned by or carried on the persons of the Passenger
or deposited with the Carrier for safe custody, vehicles and any other property of the
Passenger whatsoever, valuables being excluded.
Master signifies the Master of the carrying vessel at
any given point in time.
Passenger includes the Purchaser of the Passage Contract
and any person or persons named on the relevant passage ticket (including children), his
or her or their guardians, executors, personal representatives, heirs and children or
persons travelling with him or her or in his or her care whether named on the said
passage ticket or not.
Minor refers to any child under the age of 16.
Vessel means the Vessel named in the relevant passage
contract or any substituted Vessel owned or chartered or operated or controlled by the
Carrier.
Voyage means the service between Portsmouth/Le Havre, Le
Havre/Portsmouth, or Dover/Boulogne, Boulogne/Dover, or Dover/Dieppe, Dieppe/Dover, or Le
Havre/Rosslare, Rosslare/Le Havre which has been booked by the Passenger.
SALES CONDITIONS
3. Fares and general information
3.1 Fares
Fares are based on travel dates, time of departure and availability. Tickets are only
valid for the sailing dates/times indicated thereon. Fares may include a payment charge
that will be automatically calculated and included in the amount to be paid. All monies
paid to a travel agent will, at the time, be held on behalf of the Company.
If the length of stay abroad is amended, or a change is made to a different sailing or
the terms of the ticket or any promotion is misused then the difference between the cost
of the original ticket and the appropriate applicable fare will be charged. Any
additional charges are payable prior to boarding. No refund will be given if, to your
demand, you travel on a crossing that is less expensive than the one previously
booked.
Bookings made on line via the Internet in the UK are
deemed to have been contracted in the U.K. and for which a reservation form has to be
completed. Use of LD Lines on-line purchase site is subject to
compliance with the present terms and conditions of sales and carriage. By confirming
your order, you unconditionally accept all these terms.
Vehicle and passenger space and on board accommodation is subject to availability and
therefore may not always be available within certain tariff categories.
Vehicles exceeding 5m in length and 2,2m in height must be notified at the time of
booking (including trailers, caravans, roof racks, bicycle racks). Any changes concerning
the length or height of the vehicle after the booking has been made may influence the
Carriers ability to carry any such vehicle. A supplement will be
applied.
Vehicles which are not specifically constructed or adapted for the carriage of passengers
are subject to freight tariffs, as are vehicles of lesser dimensions carrying
merchandise.
Children under the age of 3 are carried free of charge. Children under the age of 16 must
be accompanied by a responsible adult (parent or tutor). In the absence of any such
person embarkation will be refused.
Bookings of 10 passengers and more are considered as group bookings and are subject to
group sales terms and conditions, which are available on request.
3.2 Bookings and payments
Full payment is required in order to secure a booking. Once payment is received the
Carrier will issue a confirmation number via e-mail.
For promotional fares, full payment, by credit or debit card, is required at the time of
booking. Such fares are only valid if both the outward and return journeys are completed.
If either or both journeys are not undertaken, the outward journey will be considered as
a single journey and appropriate single tariff applied.
Any additional payment will be collected from the credit/debit card used for the original
payment. If the outward portion of any return itinerary is not used, the Carrier will
cancel the return ticket and no refunds will be paid.
3.3 Special requests
Special requests must be made at the time of booking. The Carrier cannot guarantee the
provision of any special request listed on the booking form and made by phone, e-mail or
via a travel agent, unless confirmed by the Carrier in writing. Such requests do not form
part of the Contract.
The Carrier will seek to comply with reasonable special requests. However, the Passenger
should provide as much information as possible either on the booking form or on a special
request form which is available on request.
3.4 Cancellations, refunds & amendments
Tickets are non-refundable but can be modified. Where, under the terms of an offer, an
amendment is allowed, an administration fee of 10 pounds sterling /15 euros
will be payable for any change to the booking (time and day of departure, itinerary,
number of passengers, vehicle type, etc...). Some amendments may be subject to an extra
charge due to the difference between the initial charge and the current fare at the time
of the amendment. Even when the change is made to a less expensive crossing, the
difference will no give right to a refund. Special offers may be subject to specific
amendment fees and sales conditions.
No refunds will be granted as a result of any price or currency changes after the date of
booking.
4. CONDITIONS OF CARRIAGE
4.1 Cancellation of sailing
At any time prior to the start of the voyage the Carrier may cancel the voyage, if the
reason of cancellation is outside of his control.
At any time before the start of the voyage, the Carrier may, by notice in writing to the
passenger, cancel a sailing
In case of reasons outside the company's control (especially, weather
conditions, port closures, industrial action, accident, fire, in general all events
occurring at sea or subject to other operational requirements) your travel times, dates
and destinations may be affected. In those circumstances the Carrier will endeavour to
arrange a suitable alternative crossing. If by reason of operational requirements the
Carrier is unable to provide an alternative sailing, the total fare will be
refunded.
4.2 Check-in
It is the Passenger's responsibility to check in by the time
specified. Please note that time of departure may vary according to tidal restriction or
maritime movements in the ports. If any Passenger arrives later than 45 minutes before
departure he or she may not be allowed to board the Vessel. Whilst the Carrier may
(subject to availability) make arrangements for travel on a later sailing the Carrier
reserves the right to levy a surcharge in such circumstances.
For security reasons, foot passengers travelling with luggage have to label it with full
name and address and must deposit it at the time of check-in on the luggage trolley
(except for small hand-luggage and computer). Passengers failing to comply may be refused
embarkation.
For those disabled passengers travelling in a vehicle and wishing to be parked close to a
lift, or any passenger with a special request, we recommend that they arrive 90 minutes
before departure in order that we can comply with the request as far as possible, within
the limits of loading requirements.
4.3 Passport, Visa's and other Documents
It is the Passenger's responsibility to ensure that all Passengers,
including minors, are in possession of a valid passport or a valid national identity
document for Passengers from Schengen Zone at the time of travel and that they have all
necessary documents in compliance with the requirements of immigration, customs, health
and other relevant regulations.
The Carrier reserves the right to check and record details of all such documentation. The
Carrier makes no representation and gives no warranties as to the correctness of any
documentation which is checked. Passengers are strongly advised to check for all legal
requirements for travelling abroad to include immigration, customs, health and, where
relevant, driving regulations.
4.4 Heath Insurance
Passengers are advised to take out health insurance when travelling and/or to ensure that
they have the relevant European Health Insurance Card or other equivalent
documents.
4.5 Doctor
The Vessel is not required to carry a doctor on board. Passengers must notify the Carrier
and the Organiser immediately and prior to embarkation of any condition which makes them
unfit to travel. The Carrier may refuse passage in such circumstances unless the
Passenger can produce medical evidence of fitness to travel.
4.6 Pregnancy
The Carrier recommends that women who are less than 12 weeks pregnant should seek medical
advice prior to travel. Women who are more than 28 weeks pregnant at the time of travel
are required to produce a medical certificate of fitness to travel. The Carrier reserves
the right to request a medical certificate at any stage of pregnancy and to refuse
passage if the Carrier and/or the Master are is/not satisfied that the Passenger will be
safe during the passage.
4.7 Fitness to Travel
The Passenger guarantees and warrants that he/she is fit to travel and that his/her
conduct will not impair the safety of the Vessel or inconvenience other Passengers.
In the event that it is the judgement of the Carrier and/or the Master that a Passenger
is, for any reason whatsoever, unfit to travel or likely to endanger his/her health or
safety or endanger the health or safety or impair the comfort of others on board or that
the Carrier is of the opinion that the Passenger is likely to be refused permission to
land at any port or to render the Carrier liable for his/her maintenance, support or
repatriation, then the Carrier and/or the Master shall be entitled at any time to take
any of the following courses judged appropriate to the situation, namely :
i.To refuse to embark or disembark the Passenger at any particular port.
ii.To disembark the Passenger at any port.
iii.To transfer the Passenger from one berth to another.
iv.To confine the Passenger to a cabin or to the ship's hospital or
other appropriate place on the Vessel.
v.To administer first aid and administer any drug, medicine or other substance or to
admit and/or confine the Passenger to a hospital or other similar institution at any
port, provided that the Master considers that any such steps are necessary.
Not all areas of equipment on the Vessel are accessible to disabled persons or suitable
for access to disabled persons. Passengers should enquire before making a booking.
In order to ensure that facilities, assistance and/or access are available, persons with
a physical disability or other handicap requiring special treatment or assistance,
including persons confined to a wheelchair, must advise the Organiser at the time of
booking. The Carrier will confirm in writing whether or not it is able to provide the
Conditions requested at the time of the reservation.
Passengers who require special treatment or assistance as a result of events occurring
after the Passage Contract has been concluded, should notify the Organiser of such
changes in writing as soon as practicable. The Carrier will not be liable to provide such
special treatment or assistance unless it has confirmed its ability and agreement to do
so in writing.
The Carrier reserves the right to refuse passage to anyone who has failed to notify it of
such disabilities or need for assistance or who in the Carrier's
and/or Master's opinion is unfit for travel or anyone whose condition
may constitute a danger to themselves or others on * board.
Passengers confined to wheelchairs must provide their own standard size wheelchairs and
must be accompanied by a travelling companion fit and able to assist them. The
ship's wheelchairs are available for emergency use only.
Any Passenger who has any form of mental or physical disability or who is experiencing
any form of mental or physical illness resulting in a disability or illness that could
affect his or her fitness for travel must submit a doctor's
certificate certifying the Passenger's fitness to travel prior to
sailing.
The Passenger acknowledges and agrees that the Carrier shall have no responsibility or
obligation to provide medical treatment on * board the Vessel. The Vessel does not carry
a qualified doctor on board. Crew members qualified in first aid will provide medical
assistance in an emergency. The Vessel carries medical supplies in accordance with the
regulations of its flag state which apply to this class of Vessel.
In the event of illness or accident Passengers may have to be landed ashore by the
Carrier and/or Master for medical treatment. The Carrier cannot be held responsible for
the quality of medical treatment at any port of call or at the place where the Passenger
is landed. Passengers are advised to take out insurance covering medical treatment. The
Carrier accepts no responsibility whatsoever in relation to medical facilities provided
ashore.
4.8 Minors
Every adult Passenger travelling with any minor and/or person under 18 years of age at
the time of travel, whether or not listed, shall be responsible for the conduct and
behaviour of the minor and/or person under 18 years of age. The accompanying adult
Passenger shall be liable to the Carrier and shall reimburse it for any loss, damage or
delay sustained by the Carrier because of any act or omission of the Passenger minor, or
person under 18 years of age.
Minors and persons under 18 years of age are subject to all the Terms contained in the
Conditions of Carriage.
Children under 16 must be accompanied by a responsible adult. The absence of a
responsible adult will lead to refusal of embarkation.
4.9 Conduct
The Passenger agrees to abide by the Carrier's company's rules and regulations and all orders and directions of the
Master and the Vessel's officers.
Expenses of any kind, including fines or penalties or duties or other charges incurred by
the Carrier and attributable to the Passenger's failure to comply with
the regulations of the Vessel or any government or authority, shall be paid to the
Carrier by the Passenger on demand.
The Passenger shall be liable * to the Carrier and shall reimburse it for all loss,
damage or delay sustained by the Carrier because of any act or omission on the part of
the Passenger.
4.10 Pets
Pets are not allowed on board the Vessel unless arrangements have been made for a pet to
travel at the time of booking. It is the Passenger's responsibility to
provide all necessary documents and make all necessary travel arrangements for any pet.
Pet owners are requested to arrive at least 90 minutes before departure. Failure to
comply with this procedure will prevent travel
Unaccompanied pets will not be accepted on the service.
Foot passengers travelling with a pet are required to present the pet in a suitable
carrying container, e.g. a portable kennel (Le Havre/ Portsmouth route only). The pet
will be transferred to the ship by shore staff and will remain on the car deck during the
crossing. For passengers travelling by car, the pet will remain in the car.
Upon arrival on board, the passenger travelling with a pet must report to the reception
desk in order to make suitable arrangements for a visit during the crossing. A visit to a
pet can be made at any time during the crossing, except for the first hour after
departure and the last hour before arrival. A visit to a pet is subject to staff
availability and may be at fixed times in the case of busy sailings (service only
available on the NORMAN SPIRIT. For security reasons,
it is not possible to access car decks during the crossing on the COTE D'ALBATRE and the
SEVEN SISTERS.
4.11 Dangerous Goods or Articles
The Passenger may not bring on * board any goods or articles of a dangerous nature, nor
any animals save as provided in paragraph 12 above. Breach of this term may make the
Passenger concerned liable to statutory penalties. The Carrier shall have the right to
confiscate, detain or otherwise deal with any such goods or articles.
The Passenger will in any event be liable for any injury, loss or damage occasioned by
the breach and to indemnify the Carrier against any claim in respect thereof.
4.12 Accommodation
Smoking is not permitted in public areas, shop, restaurants and cabins and inside the
ships in general. Weather permitting, passenger are allowed to smoke on the outside
decks.
.
One cabin for passengers with a physical disability is available on each ship. It must be
requested via our call centre before departure and at the time of booking. A proof of
disability may be requested.
4.13 Safety & Security
The health and safety of the Vessel and all those on board are of paramount
consideration. Passengers must pay attention to and comply with all regulations and
notices relating to the safety of the Vessel, its crew and Passengers, the terminal
facilities and immigration requirements.
Passengers must at all times conduct themselves in a manner which respects the safety and
privacy of other persons on board.
Passengers must comply with any reasonable request made by any member of staff, the
Master or his Officers.
No firearms or other weapons of any nature shall be brought on board the Vessel without
the prior approval of the Carrier and/or Master. The Master and/or the Carrier have the
right to confiscate, detain or otherwise deal with such weapons. Firearms must be
declared at the time of booking and when arriving at port. The appropriate procedures
will be applied and the necessary documentation completed.
Access to the vehicle deck is forbidden during the crossing. It is therefore important
that Passengers take everything they need with them onto the passenger decks.
Passengers must lock their car and leave it in gear with the handbrake on. All car alarms
must be switched off when the vehicle is parked on the vehicle deck.
Passengers must not carry fuel cans on board or overfill petrol tanks. Cars powered by
LPG should have tanks switched off whilst on vehicle decks.
For security reason, we are unable to provide access to 220V plugs to tourism vehicles,
vans, caravans or camping-cars.
Motorcycles should be lashed on board by the driver. Whilst the
Carrier's onboard staff will provide assistance Passengers must ensure
that motorcycles are secured to their own satisfaction.
No smoking is permitted on vehicle decks.
For security reasons it may be necessary for servants or agents of the Carrier to search
Passengers and/or their baggage and goods travelling with them. The Passenger agrees to
allow such search upon being requested to do so by the Master * or other authorised
servants or agents of the Carrier. The Passenger further agrees to the removal,
confiscation or destruction of any object which may, in the opinion of the Carrier,
impair the safety of the Vessel or cause inconvenience to other Passengers.
All Passengers must have regard for their safety whilst walking on vehicle decks.
Passengers and children should not run around the vehicle deck or other areas of the
Vessel.
Passenger's luggage must not be left unaccompanied at any time.
Unaccompanied luggage may be removed and destroyed.
4.14 Liability of the Carrier
The liability (if any) of the Carrier for death and/or personal injury and/or for the
loss of or damage to luggage (including vehicles) during the passage shall be determined
in accordance with the terms and provisions of French Statute Law 66-420 of
18 June 1966 and Decree 66-1078 of 31 December 1966 and Decree 67-268 dated 23 March 1967 (herein after called the French law) or, when applicable the
International Convention relating to the Carriage of Passengers and their Luggage by Sea
adopted at Athens on the 13th day of December 1974 as enacted by the English Merchant
Shipping Act 1995 (hereunder called English Law).
It is presumed under the French Law and/or under the English Law that the Carrier has
delivered luggage undamaged unless written notice is given by the Passenger within the
following periods.
In the case of apparent damage, before or at the time of disembarkation or
redelivery.
In the case of damage which is not apparent, or loss of luggage, within 15 days from the
disembarkation or redelivery, or from the date when such redelivery should have taken
place.
The Carrier is not liable for loss of or damage to cash, negotiable security, jewellery,
ornaments, works of art or any other valuables unless deposited with the Carrier
specifically for the purposes of safekeeping. Under such circumstances the
Carrier's liability will * be limited to the amounts payable under the
French Law and/or under the English law.
Sailing schedules may be interrupted or changed and crossing times delayed by adverse
weather conditions or other operational circumstances beyond the
Carrier's control. The Carrier will not be liable to the Passenger for
any cost or inconvenience caused by such delays. The Carrier undertakes to notify the
Passenger of all such delays whenever possible.
The Carrier will not be liable to the Passenger for any losses, damages or expenses or
consequences losses, howsoever arising from such delays, interruptions or
alterations.
The Carrier cannot guarantee the availability of facilities at any of the ports from
which it operates.
4.15 Limitation of Liability
The Carrier's liability in relation to death and/or personal injury is
limited and shall in no circumstances whatsoever exceed the limits of liability as set
out under the French Law and/or the English Law.
The amounts of the limitations of the Carrier's liability provided by
French and/or English Law are available on request.
The Carrier will only be liable in relation to death or personal injury and/or loss or
damage to luggage in the event that the Carrier and/or its servants or agents are guilty
of fault as stipulated in the French Law and/or the
English Law.
The limits of liability under the terms of the French Law and/or English Law shall be
applicable to the Carrier*, servants and/or agents in accordance with the French Law
and/or English Law.
Any damages payable by the Carrier shall be reduced in proportion to any contributory
negligence by the Passenger as provided in the French Law and/or the English Law.
The servants and/or agents of the Carrier shall have the benefit of all provisions
relating to the limitation of liability.
Any responsibility of the Carrier is limited to the periods while the Passenger and/or
his or her luggage are on board the Vessel. No liability of any nature whatsoever shall
attach to the Carrier in connection with or arising out of negligent acts or omissions of
independent subcontractors on * board the Vessel and/or ashore.
The time in which a claim may be brought under the French law and/or the English Law is
limited to a period of 2 years from the date of disembarkation.
4.16 Notification of Accident or Claims
The Passenger must notify the Carrier of any accident or any circumstances giving rise to
a claim whilst on board the Vessel. For any damage on an accompanied vehicle occurring
during a crossing, the Passenger must establish a damage report to be signed by the
Passenger and the Ship's Loading officer before disembarking the vessel. For any damage
occurring to the Passenger himself, it must be reported to the reception desk. If the
Passenger does not report an accident then the Carrier will not be able to investigate
the accident and/or incident. The Carrier will refuse any claim which is not accompanied
by such report.
4.17 Alcohol
Passengers are not permitted to take on * board alcohol for use during the voyage and the
Carrier and/or its servants and/or agents may confiscate such alcohol.
The Carrier and/or its servants and/or agents may refuse to serve a Passenger alcohol or
further alcohol when, in their reasonable opinion, the Passenger is likely to be a danger
and/or nuisance to himself/herself, other passengers and/or the Vessel.
4.18 Law and Jurisdiction
Any dispute arising from carriage under these conditions are subject to the Civil Court
of Paris.