Issued July 2013
These terms and conditions apply to your booking to travel on a Langkawi Auto Express ferry. Please read them carefully.
IMPORTANT
The Passenger's ticket and the terms and conditions below (the “Terms and Conditions”) represent the contract of carriage (the “Contract”) between Langkawi Auto Express Sdn Bhd and the Passenger or Ticket Purchaser, which, by accepting this ticket, the Passenger agrees to be bound. The Passengers' attention is particularly drawn to the exemptions and limitations on liability contained in Clauses 2, 3, 4 and 5.
1. DEFINITIONS
In these Terms and Conditions:
“Carrier” means [Langkawi Auto Express Sdn Bhd], its affiliates, the Vessel owner, the charterer and/or operator of the Vessel, and their employees, agents and independent contractors.
“Journey” means the journey identified on the face of this ticket.
“Passenger” includes any person, including infants, (whether or not named above) travelling on a ticket issued by or on behalf of the Carrier.
“Vessel” means the vessel named in this ticket or any substitute, and its boats and tenders and any other means of transportation by sea under the control of the Carrier.
2. PASSENGER'S WARRANTY OF AUTHORITY
A Passenger who acquires this ticket on behalf of another person represents and warrants to the Carrier that he or she is duly authorised by and on behalf of each such person to agree to the Terms and Conditions on his or her behalf, and the Passenger agrees to indemnify the Carrier against loss, damage or expense incurred as a result of any breach of this warranty.
3. THE CONTRACT OF CARRIAGE
(a) The Terms and Conditions which are hereby incorporated therein; and
(b) The provisions of any legislation compulsorily applicable to the carriage of the Passenger.
4. LIMITATION OF CARRIER'S LIABILITY
4.1 General The Carrier shall not be liable to the Passenger in any way for death or personal injury or loss of or damage to property unless such death, personal injury, loss or damage was caused during the course of carriage and as a direct result of the Carriers gross negligence or willful default.
4.2 Limit of Liability for Death or Personal Injury
Subject to Clause 4.1, the liability of the Carrier to the Passenger for death or personal injury shall in no case exceed in aggregate RM50,000.00
4.3 Liability for Loss of or Damage to Property
(a) The Carrier shall not be liable for the loss of or damage to luggage, moneys, negotiable securities, gold, silverware, jewellery,
Ornaments, works of art, or other valuables, which is brought onboard the Vessel.
4.4 Liability for Loss of or Damage to Vehicles
(a) The Carrier shall not be liable for the loss of or damage to vehicles which resulted in whatsoever manner while onboard the
vessel or at the terminal berthing areas. Subject to Clause 4.5:
(b) The Carrier shall not be liable for the loss of or damage to Cargo carried on vehicles which resulted in whatsoever manner
while onboard the Vessel or at the terminal berthing areas. Subject to Clause 4.5:
4.5 Insurance coverage for Loss of or Damage to Vehicles
The Carrier is offered an optional insurance coverage for vehicles during the booking process as a value added service to cover loss or damage to vehicles on board.
4.6 Law and Conventions
The Carriers liability shall be determined in accordance with Malaysia law and the terms of the Contract as defined at clause 3 above. The Carrier shall be entitled to limit its liability in accordance with the applicable laws of the Vessel's flag of Registry concerning the limitation of liability for maritime claims. The Carrier shall not be liable for any delay or inconvenience or for any damage, consequential loss or expense, howsoever caused, resulting therefrom, suffered by the Passenger and/or his/her vehicle.
5. LIABILITY OF THE CARRIER'S EMPLOYEES AGENTS AND INDEPENDENT CONTRACTORS
By accepting carriage on the terms of the Contract, the Passenger shall be deemed to offer to the Carrier (as agent for his employees, agents and independent contractors) the benefit of every exemption from and limitation of liability and of every defence or immunity from claim provided for the benefit of the Carrier under these Terms and Conditions and/or any applicable provision of law of the Vessel's Registry, which offer the Carrier hereby accepts. The consideration for such offer and for any contract made pursuant thereto shall be the provision or prospective provision by the relevant person of any services for the benefit, whether direct or indirect, of the Passenger or in connection with the performance by the Carrier of its obligations under these Terms and Conditions. The aggregate amounts recoverable from the Carrier and any such employee, agent or independent contractor shall in no case exceed the limits provided by the Contract and/or any applicable provision of law or Convention of the Vessel's Registry.
6. OBEDIENCE TO INSTRUCTIONS
The Passenger must obey all instructions of the Carrier, its employees and agents whilst on the Carriers’ premises or on the Vessel or at the terminal berthing areas.
7. FORCE MAJEURE
The Carrier shall not be liable for death, personal injury, illness. damage, delay or any other loss or detriment to personal property if the same is caused by, without limitation, war or threat of war, riot, civil commotion, disaster, Act of God, terrorist activity, natural and nuclear disaster, fire, technical problems with transport, closure of ports, strikes or other industrial action, interference by authorities, requisitioning of Vessel, perils of the sea, collision or any other cause beyond the reasonable control of the Carrier. Both before and during the journey, the Carrier shall be entitled at any time to delay or abort the sailing of the Vessel due to any reason of force majeure as aforesaid which for this purpose shall include adverse weather conditions which in the sole opinion of the Master may endanger the safety, comfort or convenience of the Vessel, her Master and crew and passengers.
8. RIGHT TO CHANGE ITINERARY
The Carrier shall have the right at its sole discretion and without any liability to the Passenger to depart from the scheduled itinerary for the Journey, to delay or abort the voyage and return to port, advance or cancel any sailing, to omit or change ports of call, to arrange for substantially equivalent transportation by another Vessel and/or by another means of transportation, to require the Passenger to disembark from the Vessel temporarily or permanently, to tow or to be towed or to assist other vessels or to perform any similar act which in the sole judgement and discretion of the Carrier and/or the Master is justified.
9. EMBARKATION
The Passenger must arrive and must have completed all immigration formalities at least one hour before the scheduled sailing time of the Vessel, or such other period of time as the Carrier may announce from time to time.
10. PASSENGERS LUGGAGE
10.1 The Passenger will be responsible for handling and storage of all personal luggage at all times.
10.2 The Carrier is not responsible for any loss or damage to luggage brought onboard the Vessel by the Passenger.
10.3 The Carrier may at its discretion provide storage for the Passengers luggage but the Passenger is deemed to be always in
possession, custody and control of their stored luggage and the Carrier has no responsibility whatsoever.
10.4 The Carrier may at its discretion impose excess luggage handling fees to walk in passengers should the Carrier deems that
carried luggage is excessive.
11. PROHIBITED LUGGAGE AND ARTICLES
11.1 Passengers are NOT permitted to take on board:
(a) any live poultry, fish, shellfish, household pets or other animals, durians or any other fruits with an offensive smell; or
(b) any dangerous or prohibited articles or other articles of the kind referred to in Clause 12.
11.2 The servants or agents of the Carrier shall be entitled to search Passengers and/or their luggage and goods travelling with them to ascertain whether there are any articles within the provisions of this Clause 12. The Passenger agrees to allow such search upon being requested by the Master of the Vessel or other authorised servants or agents of the Carrier to do so.
11.3 The Carrier may further refuse to permit on board any items which in the opinion of the Carrier are unsuitable for carriage by reason of their weight, shape, size or character.
12. WARRANTY AS TO DRUGS AND DANGEROUS GOODS
The Passenger warrant(s) that no goods brought aboard by them in their luggage or otherwise, are illegal drugs, contraband, arms, ammunition, prohibited by any Government, of a dangerous nature or such as to endanger the health or safety of other Passengers and will be absolutely responsible for and will fully indemnify the Carrier against any detention of the Vessel and any penalties, fines, expenses, loss, damage or liability of whatsoever kind resulting from a breach of this warranty. The Carrier, its servants and agents shall be at liberty in their absolute discretion to jettison, land, destroy or render innocuous any such goods and the Passenger shall pay all charges and expenses incurred in or in consequence of such act by or on behalf of the Carrier. The carriage of illegal drugs under the laws of Malaysia is death.
13. REFUSAL OF EMBARKATION
13.1 The Carrier may refuse to allow on board any Passenger who is:
(a) in possession of any animal or goods of the kind referred to in Clause 11.1 or who has an excessive quantity of luggage or who refuses to submit himself or his luggage or goods to a search when requested to do so;
(b) not in possession of a proper document valid at the ports of embarkation and disembarkation;
(c) in the opinion of the Carrier drunk, seriously ill or suffering from infectious disease or who is behaving in such a manner as to be undesirable or to constitute a threat to safety or comfort of other Passengers.
13.2 In the event of refusal of permission to board under Clause 13.1, no refund of ticket fare will be made.
14. VALIDITY OF TICKET
Tickets are valid only for the date and time of sailing stated thereon and are not transferable except at the option of the Carrier. If the Passenger for whatever reason cancels his ticket or does not embark, any fare paid shall be forfeited in full. Passengers should note that refunds will only be given by the Carrier in the circumstances specified in Clause 15.2. The Carrier reserves the right to accept or reject the Passenger request for change in itinerary, and impose a administration fee for the request for change.
15. REFUNDS
15.1 The Carrier's sailing schedule is subject to change and/or cancellation by the Carrier with or without prior notice in accordance with Clause 8. Where any sailing is cancelled, delayed and/or aborted due to adverse weather conditions at the Master's discretion or where any sailing is accidentally overbooked as a result of any malfunction or maloperation of the Carrier's ticket booking system (whether or not such overbooking is caused by the negligence of the Carrier or its servants or agents) the Carrier may:
(a) cancel any ticket;
(b) substitute sailing date and time for that stated on the ticket.
The Carrier's rights under this Clause are exercisable whenever the Carrier may in its absolute discretion think fit, and whether or not the cancelled, aborted, delayed or overbooked sailing is that stated in the ticket.
15.2 Where in accordance with Clause 15.1:
(a) any ticket is cancelled by the Carrier; or
(b) any sailing time or date is substituted whereby the commencement of the voyage is altered by more than 3 hours from that stated on the ticket, and the Passenger does not travel at the substituted time or date, the fare paid by the Passenger or, as the case may, the excess, will be refunded on application to the ticket office within 1 month of such cancellation or substitution, and on presentation of the ticket.
15.3 No Refunds will be given in circumstances NOT in accordance with Clause 15.1.
15.4 Terminal Taxes cannot be refunded once issued and paid for under any circumstances.
16. LAW AND JURISDICTION
The Contract shall be governed by Malaysia law and any dispute thereunder shall be determined in the Courts of Malaysia.
17. IMPORTANT NOTICE
Your attention is drawn to the Terms and Conditions of Carriage which are displayed at the ticket counter, the Carrier office, onboard the vessel, and the Carrier's website. In particular, your attention is drawn to the exemptions and limitations on liability contained in paragraphs 2, 3, 4 and 5 of the Terms and Conditions. The Terms and Conditions form an integral part of the Contract of Carriage between you and Langkawi Auto Express Sdn Bhd and by accepting carriage with Langkawi Auto Express Sdn Bhd, you are deemed to have read and understood and to have agreed to be bound by them. The undertaking given by Langkawi Auto Express Sdn Bhd by the sale of Carrier's ticket is further subjected to the condition that the purchaser accepts all risks and will hold the Company free from all liability for loss, injury or damage that may be sustained by the purchaser, his/her passengers or any other persons or his/her vehicle(s) arising in any way out of the use or the attempted use of the said Company Vessel, ferry terminals or roads leading thereto. The Carrier reserves all rights.
IMPORTANT NOTICE AND OTHER CONDITIONS