Issued July 2013
These terms and conditions apply to your booking to travel on a Langkawi Auto Express ferry. Please read them carefully.
1. Definitions
In these Terms and Conditions:
“We”, “us”, “our” and “Carrier” means [Langkawi Auto Express Sdn Bhd] or [LAE], its affiliates, the Vessel owner, the charterer and/or operator of the Vessel, and their employees, agents and independent contractors.
“You”, “your” and “Passenger” includes any person, including infants, (whether or not named above) travelling on a ticket issued by or on behalf of the Carrier.
“Ferry” and “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. The Contract of Carriage
2.1. The Contract is expressly subject to:
(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.
2.2. Any term of the Contract which is inconsistent with or repugnant to any extent to any applicable legislation shall be void to that extent but no further. Nothing in the Terms and Conditions shall operate to limit or deprive the Carrier of any statutory protection or exemption from or limitation of liability
3. Limitation of Carrier’s Liability
3.1. 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.
3.2. Limit of Liability for Death or Personal Injury
Subject to Clause 3.1, the liability of the Carrier to the Passenger for death or personal injury shall in no case exceed in aggregate RM 50,000.00 excluding optional purchased for the trip.
3.3. Liability for Loss of or Damage to Property
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. Unless it is a direct result of the Carriers gross negligence or willful default.
3.4. 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. Unless it is a direct result of the Carriers gross negligence or willful default.
(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. Unless it is a direct result of the Carriers gross negligence or willful default.
3.5. Law and Conventions
The Carriers liability shall be determined in accordance with Malaysia law and the terms of the Contract as defined at clause 2 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.
4. Your Acceptance of These Terms and Conditions
4.1. If you are making your booking using our website, www.langkawiauto.com, you must read and accept these terms and conditions by ticking the appropriate tickbox. If you do not accept these terms and conditions, you will not be able to progress with your booking.
4.2. If you have made your booking by telephone, or through an agent, you will have been informed to the existence of these terms and to the fact that they will apply to your booking. You will also have been told how to access them (on the website, at our offices or by requesting a copy from our customer services team), so that you may inform yourself of their content.
4.3. These terms will apply to the use of all tickets we issue and your acceptance will be on behalf of yourself, your executors, administrators and assignors and also on behalf of and as agents for the persons travelling with you (including children) and also on behalf of the owner of any luggage (including vehicles) brought with you or them. You should therefore read them carefully.
4.4. If you have made a booking pursuant to a special offer or other promotion, other terms particular to that offer or promotion may apply to your booking and journey. Please refer to the relevant promotional materials and, if you have any questions, contact our customer services team.
4.5. While we try and ensure that all prices, times and dates quoted by our website or publications are accurate, errors may occur. If we discover an error in the price or availability of goods or services you have ordered we will inform you as soon as possible and give you the option of reconfirmingyour booking at the correct time and/or at the correct price or cancelling it. If we are unable to contact you we will treat the booking as cancelled. If the booking is cancelled and you have already paid for the goods or services, you will receive a full refund.
5. Schedules
5.1. While every reasonable effort is made to avoid early departures, delay, diversions to other routes or services and cancellations, we do not undertake that services will depart or arrive at the scheduled times or at the scheduled destinations or be operated by the scheduled ferries.
5.2. For operating reasons, ships may have to sail before or after advertised times. For this reason, passengers with vehicles should check in at least 1 hour, before the scheduled sailing time. In case of delay, LAE will try by all means to inform confirmed passenger of the delay.
5.3. We may vary timetables from time to time but variations will not affect bookings which have already been made.
6. Onboard
6.1. You are asked, for the safety of all passengers and crew, to comply with all instructions and directions given from time to time by LAE staff and crew, before during and at the end of your journey, and to ensure that all those travelling under your booking do the same.
6.2. Subject to the orders of the Master all passengers are required to vacate the vehicle decks.
7. Fitness for Travel
We reserve the right to refuse to allow any person or luggage (including vehicles) to travel who or which, in our reasonable opinion, is or are unfit to be carried on a ferry for any reason.
8. Children
8.1. No CHILDREN aged 12 or under may travel if unaccompanied by an adult.
8.2. Travel with a companion
8.2.1. We may require that you travel with a companion if:-
a. it is essential for safety; or
b. the passenger is unable to assist in his own evacuation from the vessel; or
c. the passenger is unable to understand safety instructions.
8.2.2. We are unable to assign staff to look after young persons aged under 12 travelling alone on our vessels, and it is the responsibility of the child's parents/guardian to make the necessary arrangements for an adult to accompany that child/children.
9. Passengers with a Disability
9.1. General and Reservations:
If you have a disability and you require any special assistance with regard to on board facilities, seating, required services or the need to bring your own medical, you should inform us at the time of booking, or at the very latest 48 hours before the special assistance is required.
9.2. If you have a disability we will carry you where arrangements have been made to provide for your particular needs. If you do not inform us of your particular needs at the time of booking, or at the very latest 48 hours before the special assistance is required, we will nevertheless use reasonable efforts to accommodate your particular needs.
9.3. You should present yourself at the designated point at the port of departure at least 1 hour before the published embarkation time or such other time specified in your e-ticket and reservation advice.
9.4. For safety reasons, we can carry only a maximum of 4 passengers who have reduced mobility per journey provided that quadriplegic passenger are limited to more than 2 per journey. Under certain circumstances we may require the passenger to travel with an attendant (Clause 9.5). “reduced mobility” refers to paraplegic or quadriplegic passengers.
9.5. Travel with an attendant: We may require that you travel with an attendant if it is essential for safety reasons or you are unable to perform in your own evacuation from the ferry or you are unable to understand safety instructions.
9.6. We reserve the right to limit the number of disabled persons or persons with reduced mobility travelling on any particular sailing:
As the number of disabled persons or persons with reduced mobility that we are able to carry may vary from ship to ship and port to port it is important that you notify us in accordance with section 9.1 above.
9.7. Where we have been notified of your special requirements under section 9.1 and it is not possible to carry you for reasons set out in section 9.6 above we shall make all reasonable efforts to propose suitable alternative transport or offer reimbursement of the cost of ticket.
10. Security / Search
10.1. You and all of the people who will travel on a ferry under your booking and all your and their luggage (including vehicles) may be subject to a search for, and seizure of, prohibited materials or substances by authorized personnel of LAE. Passengers refusing to be searched will not be permitted to travel.
10.2. If you intend to carry firearms and explosives as defined by Section 22 (6) of the Aviation and Maritime Security Act 1990 you must declare to us in advance of embarkation or loading. For the avoidance of doubt, firearms include firearms for recreational purpose (including sporting guns) and should be accompanied by a current valid firearm, shotgun or registered Firearms Dealer's (RFD) certificate and these should be available for inspection by either the booking staff or port security personnel
10.3. Any firearms or explosives, which we, in our absolute discretion, permit to be carried on board the ferry, shall be entrusted to us prior to embarkation or loading, and only returned upon departure from our premises upon arrival.
10.4. Police officers, army and other personnel authorized by the regulation law to carry firearm are excepted from such inspection.
11. Dangerous / Illegal Articles
Any person who takes or causes to have taken on board or stowed in their luggage (including vehicles) any dangerous goods or any inflammable or dangerous matter or articles which do not conform with any Carriage of Dangerous Goods by Sea or Police regulations shall reimburse us for all costs incurred by us both incidentally and directly consequent upon such action by such person in addition to any penalty imposed by law. We reserve the right to destroy or otherwise dispose of such goods or articles at the cost and expense of such person. Please ask if you would like a copy of our leaflet which gives further details. All dangerous goods must be declared at time of booking and at least 24 hours in advance of travel. Failure to declare dangerous goods in advance of travel and on arrival at the terminal may result in failure of shipment.
12. Bookings and Reservations
12.1. You are required to make full payment for your reservation at the time of booking to benefit from the advance booking discounted fares unless you already hold a valid ticket for your date and time of travel.
12.2. A RM 10.00 administration fee will apply to most vehicle bookings made via the LAE office, or RM10.00 when bought at a ticket office without an advance reservation.
13. Booking and Paying
13.1. When payment is due: Payment for all bookings is due at the time of booking, unless we state otherwise. If payment is not made when it is due, we will be entitled to cancel the booking without notice.
13.2. How to pay: Payment may be made by cash, major credit or debit card, Online Banking. If the booking is made, payment need to be settled 7 days before the date of departure.
13.3. Prices applicable: The prices shown in Ringgit Malaysia on our website or in our brochures are applicable only for bookings made in the Malaysia.
13.4. Fuel surcharge: We reserve the right to levy a fuel surcharge in the event of increases in fuel cost prices. This would result in an additional charge to the prices shown on our website or in our brochures.
14. Fares, Tickets and Check-In
14.1. Subject to validity, tickets will be accepted for the date and service for which reservations have been made. When tickets are issued on an “open” basis, reservations will be made on application subject to availability of space but the journey must be completed within 90 days of the original outward sailing date. Any amendment and/or excess charge will be payable at the time the booking is reconfirmed.The ticket is considered expired and no refund can be made.
14.2. Check in for Passenger with a vehicle is 2 hours prior to the scheduled departure time.
14.3. Check in for passenger is 60 minutes prior to the scheduled departure time.
14.4. Only the person for whom a ticket was purchased may use the ticket. It cannot be resold or passed on to any other person.Tickets are not transferable.
14.5. Under some circumstances Identification Card (IC) / Passport (International Tourist) may be required to be presented by passengers upon check-in. Failure to produce suitable Identification Card (IC) may result in denial of passage.
14.6. Any ticket remains valid for travel for the validity period of that fare purchased irrespective of any booking made. If you miss a sailing you booked, you will still be able to travel under that ticket on the next available sailing (though we will of course give priority to those who have confirmed booking for each sailing).
14.7. Tickets remain our property and must be shown for inspection or collection on demand by our employees or nominated agents.
14.8. All fares appearing in our brochures or otherwise advertised are subject to availability. We also reserve the right to apply a surcharge to any of our fares on the date you pay for your ticket, for example a fuel surcharge. We will notify you of any such surcharges before you purchase any ticket.
14.9. Fares vary according to the Engine Capacity (CC) of your vehicle. To non-motorized vehicles and motorized vehicles (such as cars) which are towed behind another vehicle are charged at the appropriate standard vehicle rate. You must declare the height of your vehicle and any roof-top items, including, but not limited to, aerials, cycle racks, luggage and sporting equipment, when the height is 2.26m or above. Failure to declare may result in your being unable to travel on your booked sailing.
14.10. Fares type
14.10.1. Super Saver (Early Bird)
14.10.2. Flexi Saver (Promotion)
14.10.3. Normal (Standard)
15. Alterations to Bookings, Cancellation Charges and Refund Procedure
15.1. All alterations requested by you to a booking or reservation are subject to availability. For "Standard" fare, you are entitling for any alteration to the booking maximum 1 time only without any charges. Any second or subsequent changes, charges will incur. When amending a booking, but no alternative date can be specified, the reservation will stay 'open' for subsequent confirmation, but the journey must be completed within 90 days of the original outward sailing date. Any amendment and/or excess charge will be payable at the time the booking is reconfirmed. All amendments to bookings must be made in advance of the booked travel dates/times, failure to amend a booking in advance of travel will results in the booking being cancelled, if it has not been travelled on.
15.2. Cancellation by You – If you wish to cancel your booking or reservation after we have confirmed it, you should inform us as soon as possible and you should contact us by telephoning Langkawi Auto Express office on 6049661600 /6049692888 / 6049851854, or by writing to Langkawi Auto Express. If you cancel, we will refund the amounts you have paid but reserve the right to charge a cancellation fee. Total charge is based on our Standard Cancellation fee shown in Clause 15.3.8.
Please note: Refunds will not be considered on bookings that a customer has failed to cancel (or advised of non travel) within 12 hours of departure for Standard fare; within 24 hours of departure for Flexi fare; on part-used tickets; or on Super Saver Fares.
15.3. Refund rules:
15.3.1. Refunds may only be granted for journeys not yet travelled and are subject to Langkawi Auto Express's amendment & cancellation fees and fare conditions.
15.3.2. Refunds are available for Standard and Flexi Fares; however conditions apply to refund payments. All other fare types, like Super Saver fares, is subject to cancellation fees and therefore is not fully refundable.
15.3.2. Fees and surcharges incurred at the time of making or amending a booking are non-refundable.
15.3.4. Booking amendments made via Langkawi Auto Express office and terminals may be subject to an amendment fee.
15.3.5. If a booking was made via an authorised travel agent, refund payments will be issued by the travel agent. The payee must contact their travel agent if they wish amend or cancel their booking. Refund payments may be subject to the travel agents' refund policy.
15.3.6. Credit card refunds will be processed at the time of the request. Refund payments will be credited back to the original credit card used for the original booking, via an authorized Credit Card Payment Gateway.
15.3.7. If a booking was paid by more than one form of payment, online refund payments will be credited back to the payee in the order.
15.3.8. For full details on Langkawi Auto Express standard cancellation and amendment fees are shown as below:-
Langkawi Auto Express Standard Cancellation and Amendment Fees List
|
Applies to bookings made on or after 01 July 2013 |
Standard Fare |
Flexi Fare |
Super Saver Fare |
|
No written notice / No show / No notification to LAE |
100% cancellation fee |
100% cancellation fee |
100% cancellation fee |
|
Cancellation made within 12 hours prior to departure |
100% cancellation fee |
100% cancellation fee |
100% cancellation fee |
|
Cancellation made between 13 to 24 hours prior to departure |
50% cancellation fee |
100% cancellation fee |
100% cancellation fee |
|
Cancellation made between 25 to 72 hours prior to departure |
30% cancellation fee |
50% cancellation fee |
100% cancellation fee |
|
Cancellation made more than72 hours prior to departure |
20% cancellation fee |
30% cancellation fee |
100% cancellation fee |
|
No. of Free amendment Allowed |
1 |
1 |
0 |
|
Amendment made within 12 hours prior to departure |
25% amendment fee |
100% amendment fee |
100% amendment fee |
|
Amendment made between 13 to 24 hours prior to departure |
20% amendment fee |
25% amendment fee |
100% amendment fee |
|
Amendment made between 25 to 72 hours prior to departure |
15% amendment fee |
20% amendment fee |
100% amendment fee |
|
Amendment made more than 72 hours prior to departure |
10% amendment fee |
15% amendment fee |
100% amendment fee |
* If cancelling your complete booking online, the relevant fare cancellation fee still applies.
15.3.9. Other conditions which apply to Langkawi Auto Express fares are as follows:
15.3.10. The refund process will take maximum 2 months.
15.4. Refund Applications – All requests for refunds must be made in writing. Tickets should be sent to: Langkawi Auto Express’s office.
15.5. Lost, Stolen, Damaged or Destroyed Tickets – Langkawi Auto Express Sdn Bhd cannot be held responsible for any tickets that are lost, stolen, damaged or destroyed and no refunds will be made or replacement tickets be issued in respect of these.
15.6. Tickets purchased through business to business contracts will be subject to payment, amendment and cancellation terms as specified in the relevant documentation and contract.
16. Boarding and Departure
16.1. If a driver is absent from his vehicle and we consider that any damage or delay to the ferry or luggage may occur due to such absence at the time such vehicle is required to be loaded on or discharged from the ferry, we may, using reasonable force if necessary (without notice to such driver) load or discharge such vehicle on or from the ferry.
16.2. We shall not be liable for any loss of or damage, injury or delay to the vehicle, luggage or goods nor for any consequential damage howsoever caused during loading or discharge by us pursuant to Clause 16.1 above, save where such loss, damage, injury or delay is caused willfully by us or by our negligence. We will require you to reimburse us for all payments we make in respect of claims, demands, costs and expenses made against or incurred by us in respect of any personal injury (fatal or otherwise) or damage to or loss of property arising from or caused by any defect in or failure of any vehicle during loading or discharge by us pursuant to Clause 16.1 above save where such loss, damage, injury, or delay is caused willfully by us or by our negligence.
16.3. Claims will only be considered if, in the event of damage to a vehicle or its contents, a damage report shall be prepared and signed by our authorized representative at the time of the incident.
17. 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 Vesselʼs 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 Vesselʼs Registry.
18. Insurance
18.1. You can take out Breakdown Assistance and Personal Travel Insurance which can cover you in the event that you have to cancel your trip or compensate you for delays and provide assistance following vehicle breakdown.
18.2. The Carrier is offer an optional insurance coverage for passengers and vehicles. Please call Langkawi Auto Express customer service at 604 966 1600 / 604 969 2888 / 604 985 1854 for more information to cover loss or damage to vehicles on board.
19. Lost and Abandoned Property
19.1. We will not be liable for loss of or damage to or delay or misdelivery affecting any luggage (including vehicles) or goods left on our terminals, premises or ferries unless such loss, damage, delay or misdelivery is a result of our negligence.
19.2. We reserve the right to make a reasonable charge for the restoration of such property to its owner unless such loss, damage, delay or misdelivery is as a result of our negligence.
19.3. Any property not claimed within 3 months of being so left will be regarded as abandoned and may be sold or otherwise disposed of by us at our discretion and we shall have the right to retain any proceeds of sale. Any luggage or goods of a perishable nature or which in our opinion may cause injury or inconvenience may be disposed of earlier than 3 months at our absolute discretion.
20. Carriages on other Carriers
In the event that you purchase a ticket from us for, or to the extent your journey incorporates, travel on another mode of transport, such travel will be subject to the regulations and conditions of carriage of the carrier or carriers involved. Langkawi Auto Express Sdn Bhd shall issue any ticket issued for or used on such other transport as agents only for the carrier or carriers concerned.
21. Complaint Procedures
If you have any complaint in respect of services provided by us please bring it immediately to the attention of the management on the spot. If it is not then resolved to your satisfaction you should contact our Langkawi Auto Express office promptly giving the booking reference number, full details of the complaints and if possible a contact telephone number or e-mail address, so that we can make a timely and thorough investigation. You may e-mail us at [email protected] / [email protected] . Alternatively you may contact us by telephone on 604 966 1600, 969 2888 for Langkawi and 604 9851854 for Kuala Perlis.
22 Passengers Luggage
22.1. The Passenger will be responsible for handling and storage of all personal luggage at all times.
22.2. The Carrier is not responsible for any loss or damage to luggage brought onboard the Vessel by the Passenger. Unless it is a direct result of the Carriers gross negligence or willful default.
22.3. 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.
22.4. The Carrier may at its discretion impose excess luggage handling fees to walk in passengers should the Carrier deems that carried luggage is excessive.
23. Prohibited Luggage and Articles
23.1. 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 11.
23.2. The servants or agents of the Carrier shall be entitled to search Passengers and/or their luggage and goods travelling withthemtoascertain whether there are any articles within the provisions of this Clause 11. The Passenger agrees to allow such search upon beingrequested by the Master of the Vessel or other authorized servants or agents of the Carrier to do so.
23.3. 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
23.4. Any taxable item such as Liqueur, Tobacco, Corning wave and etc. is under passenger own responsibility.
24. Refusal of Embarkation
24.1. 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 23.1 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 travel 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.
24.2. In the event of refusal of permission to board under Clause 13.1, no refund of ticket fare will be made
25. General
25.1 No failure by us to enforce or rely upon any of these terms and conditions shall be constructed as a waiver or shall affect our right to enforce any other terms and condition(s).
25.2 If any of these conditions shall become or be declared invalid or unenforceable by any tribunal or court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining Conditions all of which shall remain in full force and effect.
25.3 Our employees and agents have no authority to waive or vary any of these conditions.
25.4 We may contract with any other person at our absolute discretion for the whole or any part of the carriage of you or your luggage (including vehicles) pursuant to these terms and conditions.
26. Law And Jurisdiction
The Contract shall be governed by Malaysia law and any dispute thereunder shall be determined in the Courts of Malaysia.
27. Special Conditions
From time to time, deals and offers will carry special terms and conditions. In the event these special terms and conditions conflict with our current terms and conditions, the special conditions prevail.
28. Unpaid / Unattended / Open booking with “OPTION” status
28.1. UNPAID/UNATTENDED booking will be CANCELLED by system automatically without prior notice based on:
|
Days booked before departure |
Booking expired on |
|
within 3 days |
The next day at 5.30PM |
|
3 days onward |
3 days before actual departure date |
*Based on OUTWARD JOURNEY DATE
28.2. All OPTION booking with OPEN travel date or amend to OPEN travel date, Booking will only valid for 7 days from the DATE BOOKED in system. After that, system will automatically cancel the particular booking without prior notice.
Terms and Conditions
© Copyright 2013 Langkawi Auto Express Sdn Bhd all rights reserved
Unless otherwise specifically stated herein, Langkawi Auto Express Sdn Bhd shall retain any and all title, rights and interests it may have in its trademarks, copyrights, other intellectual property rights and other rights in respect of or connected to this website.
Everything contained in this website is protected by copyrights and, except as strictly provided and permitted in these Terms & Conditions and/or on the website, may not be used without the prior written permission of Langkawi Auto Express Sdn Bhd.
Site Use
Langkawi Auto Express permits you to use its website subject to the Terms and Conditions set out herein. By accessing any other page of this website, you indicate your agreement to be bound by these terms of use.
Langkawi Auto Express reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service or any part thereof from this website, with or without prior notice to you.
Langkawi Auto Express makes no representation about the suitability of the information contained on this website for any purpose. All contents of the pages on this website are provided for information only and without warranty of any kind. No responsibility or liability is accepted by or on behalf of Langkawi Auto Express for any errors, omissions or statements whether misleading or otherwise on these pages, including any feature or aspect of such website or pages, whether provided by Langkawi Auto Express or by any other organization, company or individual or entity whatever the loss claimed or alleged.