Dartmouth Lower Ferry Travel – General Terms and Conditions
Terms and Conditions for the Dartmouth Lower Ferry
General Transport Terms
1. Passengers are also bound by the general terms and conditions of the Dartmouth Lower Ferry service.
2. All methods of transport are subject to operational restrictions. A ticket or payment does not guarantee a crossing in the event that the service is ceased, suspended, or interrupted for any reason.
3. We endeavour to run a reliable service; however, at times this may not be possible due to circumstances beyond our control such as severe weather conditions or mechanical interruptions.
4. We reserve the right to change the timetable and to stop the service from running without prior notice if deemed necessary. Where possible, we will display the status of our service on our website and social media.
5. The Ferry service can be extremely busy, and we cannot guarantee travel on a particular crossing.
6. We do not accept reservations or pre-bookings for journeys. The Ferry is boarded on a first-come, first-served basis, and the number of foot passengers and vehicles that can be safely transported is limited by the duty staff.
7. We ensure that all journeys are safe. Passengers must follow instructions given by our staff at all times when embarking, disembarking, or travelling on the Ferry.
8. Please check service status and timetables before travel. These can be found on our website.
9. The skipper reserves the right to cancel services and refuse travel to anyone they deem unfit to travel. The skipper’s decision is final.
10. We are only liable for issues that arise on our own services. For any issues arising on other services or premises, the owners of those services/premises hold full liability.
Dartmouth Lower Ferry Travel Pass – Terms and Conditions
Terms and Conditions for the Dartmouth Lower Ferry Travel Pass.
1. Interpretation
1.1. In these terms and conditions when we use any of the terms “we”, “us” or “our”, we are referring to Dartmouth Lower Ferry (DLF) together with, where applicable, all employees of that company.
1.2. When we use either of the terms “you” or “your”, we are referring to you and all of the people who purchase credits for Dartmouth Lower Ferry Travel Pass and will travel on a ferry operated by Dartmouth Lower Ferry. These terms apply to all such persons.
1.3. When we use the term “Travel Pass”, we are referring to the Dartmouth Lower Ferry Travel Pass.
1.4. When we use the term “transport” we are referring to any form of transport included within the use of the Travel Pass.
1.5. When we use the term “offer” we are referring to additional offers applicable to holders of the Dartmouth Lower Ferry Travel Pass.
2. Using the Travel Pass
2.1. Credit bundles of 20 or 40 Foot Passenger tickets. 10, 20 or 40 Motor Car/Van/Light Commercial tickets. 20 Motorcycle tickets. (See section 3 for payment details).
2.2. A set number of credits will be deducted from your Travel Pass for each form of transport that the Travel Pass is eligible on Dartmouth Lower Ferry for the current list of credits deductible on each valid service.
2.3. Your Travel Pass must be present in order for the credits to be deducted.
2.4. You must have enough credit left on your Travel Pass to cover the individual fare required. Individual tickets must be paid for in whole by credits or in whole by cash/credit or debit card and cannot be a mixture of the two.
2.5. If you wish to pay by credits and you do not have the required number of credits left, then a new credit bundle of 10, 20, 40 credits must be purchased before the credits can be deducted.
2.6. Once credit has been purchased it is valid for travel and has no expiry date.
2.7. Your Travel Pass is only valid for use on scheduled timetabled services and cannot be used for special charters, events and out-of-hours services.
2.8. The Dartmouth Lower Ferry Travel Pass is for use ONLY on the Dartmouth Lower Ferry and no other service.
2.9. Staff on any of the services will be able to tell you how much credit you still have available on your Travel Pass. Alternatively, our staff may be able to help on 01803 752342 or dlf@swdevon.gov.uk.
3. Payment for credits
3.1. Initial purchase of the Dartmouth Lower Ferry Travel Pass and top-ups can be made on the Dartmouth Lower Ferry.
3.2. Purchase of credits can also be made online here. You will be issued with an online receipt.
3.3. Payment online can be made by credit or debit card. Payment on the Dartmouth Lower Ferry can be made by credit or debit card or cash.
3.4. Payment for credit must be made in full at the time of purchase.
3.5. Registration online for your new Travel Pass will require you to fill out a registration form. These details will not be passed to any other organisation and will be covered by our data protection policy.
4. Lost, stolen or damaged Travel Passes
4.1. It is solely your responsibility to look after your Travel Pass once it has had credits added to it. We will issue you with a new Travel Pass if your old one is lost, stolen or damaged but you will need to purchase new credit in order to activate it. Credit on lost, stolen or damaged Travel Passes will not be replaced.
4.2. You must take every step to ensure that your Ferry Travel Pass does not get damaged. Travel Passes must not be folded or creased, as damage to the electronic chip will render your Travel Pass unusable and any existing credit on the Travel Pass will be lost.
5. Refunds
5.1. Credit can be purchased in bundles of 10, 20 or 40 credits. Once these credits have been added to your Travel Pass, they cannot be refunded either in full or in part.
5.2. Once credit has been purchased it must remain on the Travel Pass used at the time of sale. Credits cannot be transferred onto any other Travel Pass.
6. Price Changes
6.1. We reserve the right to change the price of credit bundles or change the number of credits deducted for any service at any time. If prices or credit values change, the individual credits on your Travel Pass will still be valid at the price you initially paid.
7. Offers
7.1. We reserve the right to alter or change any of the offers that were valid at the time you purchased your Travel Pass.
7.2. Up-to-date offers to holders of the Travel Pass will be updated on our website.
8. Additional usage comments
8.1. Your Travel Pass will not have your details recorded on it and as such may be used by persons other than yourself with your permission.
8.2. If you allow anyone else to use your Travel Pass, it is your responsibility to make sure that you have the Travel Pass back from them and that there are enough credits left for when you wish to use the Travel Pass. You must have your Travel Pass with you in order to travel on the Dartmouth Lower Ferry.
9. General Transport Terms
9.1. All methods of transport included with the Travel Pass are subject to operational restrictions. The purchase of a Travel Pass does not guarantee a crossing in the event that the service is ceased, suspended or interrupted for any reason.
9.2. We endeavour to run a reliable service; however, at times this is not possible due to circumstances beyond our control such as severe weather conditions or mechanical interruptions.
9.3. We reserve the right to change the timetable and to stop the service from running without giving notice beforehand should this be deemed necessary. Where possible we will display the status of our service on our website and social media.
9.4. The Ferry service is at times extremely busy and we cannot guarantee to carry you on a particular crossing.
9.5. We do not accept reservations or pre-bookings for journeys. The Ferry is boarded on a first-come, first-served basis and the number of foot passengers and vehicles who can safely be transported is limited by the duty staff.
9.6. We make sure that all your journeys are safe. You must follow instructions given by our staff at all times when embarking, disembarking or travelling on the Ferry.
9.7. Please check status and timetables before travel. These can be found on our website.
9.8. The skipper reserves the right to cancel services and refuse travel to anyone who, in their opinion, they deem unfit to travel. The skipper’s decision is final.
9.9. This Travel Pass is purely a means of payment for travel on the services listed on our website. We are only liable for issues that should arise on our own services and for any issues arising on other services or premises, the owners of those services/premises have complete liability.
9.10. You are also bound by the terms and conditions of services included within the Dartmouth Lower Ferry Travel Pass.
Dartmouth Lower Ferry, Fleet Account Terms and Conditions
1. Definitions
The following definitions apply in these Conditions.
Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5 (Charges and payment).
Commencement Date: has the meaning given in clause 2.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 11.4.
Contract: the contract between the Council and the Customer for the supply of Services in accordance with these Conditions.
Council: South Hams District Council of Follaton House, Plymouth Road, Totnes TQ9 5NE
Customer: the person or firm who purchases Services from the Council.
Customer Default: has the meaning set out in clause 4.2.
Order: the Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
Service: To ferry customers across the River Dart on the Dartmouth Lower Ferry.
2. Basis of Contract
2.1 The Order constitutes an offer by the Customer to purchase the Service in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when the Council issues written acceptance of the Order at which point, and on which date the Contract shall come into existence (Commencement Date).
2.3 Any samples, drawings, descriptive matter or advertising issued by the Council, and any descriptions or illustrations contained in the Council’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Service described in them. They shall not form part of the Contract or have any contractual force.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. Supply of Service
3.1 The Council shall supply the Service to the Customer.
3.2 The provision of the Service may be varied by the Council during Bank Holidays, other holidays, during emergency or to meet other operational requirements including inclement weather or in other circumstances outside the control of the Council.
3.4 The Council shall not be liable for any loss or damage howsoever arising for failure to provide the Service because of any event beyond the Council’s control including, adverse weather conditions, accidents.
3.5 The skipper, in charge of the ferry, reserves the right to cancel the Service and refuse travel to anyone who, in their opinion, they deem unfit to travel. The skipper’s decision is final.
4. Customer’s Obligations
4.1 The Customer shall:
(a) Ensure that the terms of the Order and any information it provides is complete and accurate.
(b) Co-operate with the Council in all matters relating to the Service.
(c) Comply with all applicable laws, including health and safety policies, as directed by the skipper and crew on board the ferry.
4.2 If the Council’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or there is a failure by the Customer to perform any obligation and/or condition under this Contract (Customer Default):
(a) without limiting or affecting any other right or remedy available to it, the Council shall have the right to suspend performance of the Service until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Council’s performance of any of its obligations.
(b) the Council shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Council’s failure or delay to perform any of its obligations as set out in this clause 4.2; and
(c) the Customer shall reimburse the Council on written demand for any costs or losses sustained or incurred by the Council arising directly or indirectly from the Customer Default.
5. Charges and Payment
5.1 The price for the supply of the Service shall be the price set out in the Order.
5.2 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5.3 Payment is due under the Contract 28 days from the invoiced date. If the Customer fails to make payment by the due date, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest will accrue daily at 4% above the Bank of England’s base rate from time to time but at 4% a year for any period when that base rate is below 0%.
5.4 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Council to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Council, pay to the Council such additional amounts in respect of VAT as are chargeable on the supply of the Service at the same time as payment is due for the supply of the Service.
5.5 The Council reserves the right to increase or decrease charges at any time to compensate for increases in cost over which the Council has no control, any changes to be notified to the Customer in writing by the Council 4 weeks prior to commencement.
6. Indemnity
6.1 The Customer shall be wholly responsible for the Fleet Card and the Customer shall indemnify the Council against all claims arising through any neglect, act or breach by the Customer in connection with the Contract.
7. Data Protection
7.1 Data Processing
To process the Customer’s Order, the Council as the Data Controller require the Customer to provide the Council with personal data. Personal data shall have the meaning set out in the General Data Protection Regulation, specifically any information relating to a Data Subject who can be identified directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
For the purpose of the Service, the personal data the Council processes include’s:
Name.
Address.
Email address.
Contact telephone number.
Any other personal data provided to the Council for the purpose of providing the Services.
7.2 Data Retention & Transferring
The Council will store the Customer’s personal data securely in hard copy format, electronically or both. The Customer’s data will be retained for a maximum of two years after the Customer’s request has been completed. It will be accessible to authorised employees and third-party contractors only for the purpose of handling the Customer’s request.
7.3 Breach Notification
In the event of a breach, the Council and any third parties, will comply with the requirements of the Data Protection Act 2018 and General Data Protection Regulation.
If the Customer wishes to see the personal data the Council holds, please contact the Council’s Data Protection Officer, South Hams District Council & West Devon Borough Council. Data.Protection@swdevon.gov.uk
Visit our Privacy and Personal Data policy here.
8. Termination
8.1 Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party 28 working days written notice.
8.2 Without affecting any other right or remedy available to it, the Council may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
8.3 Without affecting any other right or remedy available to it, the Council may suspend the Service under the Contract or any other contract between the Customer and the Council if the Customer fails to pay any amount due under the Contract on the due date for payment.
9. Consequences of Termination
9.1 On termination of the Contract: (a) the Customer shall immediately pay to the Council all the Council’s outstanding unpaid invoices and interest and, in respect of Service supplied but for which no invoice has been submitted, the Council shall submit an invoice, which shall be payable by the Customer immediately on receipt.
9.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
10. General
10.1 Force Majeure
The Council will not be liable to the Customer or deemed to be in breach of the Contract by reason of any delay in performing or failing to perform any of the Council’s obligations in relation to the Service, if the delay or failure was due to any cause beyond the Council’s reasonable control resulting from: act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any government; strikes, lockouts or other industrial actions or trade disputes (whether involving Council employees or third party employees); difficulties in obtaining labour fuel, parts or machinery or failure or breakdown of machinery.
10.2 Assignment and other dealings
(a) The Council may at any time assign, subcontract, delegate or deal in any other manner with any or all of its rights and obligations under the Contract. (b) The Customer shall not assign, transfer, subcontract, delegate, or deal in any other manner with any of its rights and obligations under the Contract.
10.3 Variation
Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
10.5 Waiver
A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
10.6 Severance
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
10.7 Notices
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).
(b) Any notice or communication shall be deemed to have been received: (i) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and (ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; and (iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours mean 9.00 a.m. to 5.00 p.m. Monday to Friday on a day that is not a public holiday in the place of receipt.
(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
10.8 Third party rights
(a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. (b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
10.9 Jurisdiction
Each party irrevocably agrees 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 the Contract, or its subject or formation.