1.1 In these terms and conditions the following expressions shall, save where the context otherwise requires, have the following meaninings: -
Means any ferry, motor cruiser or other waterborne vessel of nay description owned or managed by Kariba Ferries (Private) Limited
1.2 “Carriage: -
Covers the following periods: -
With regard to any passenger and his property, the period during which a passenger and/or his property are on board the vessel or in the course of the disembarkation from the vessel and the period during which the passenger and his property are being transported by the company, it’s employees, agents or contractors in any way in connection with any proposed or past cruise on the vessel and whether such transportation is by land, air or water
1.3 “The Company”:-
Means Kariba Ferries (Private) Limited.
Includes the company, any operator of any of its vessels and any charterers operating in association with such vessels.
1.5 “Contract”: -
Means the contract for conveyance on the vessel, the use of any of its associated facilities and participation in any activities of whatever nature on the vessel.
1.6 “Passengers”: -
Includes all persons whatsoever including infants and unborn children travelling in terms of any contract of conveyance on the vessel and any person embarking on or proceeding on a cruise on the vessel whether a fare paying passenger or otherwise.
1.7 “Property”: -
Without derogating from the generality thereof includes baggage, money, cameras, and any other property whatsoever belonging to or in possession of any passenger.
1.8 Throughout this document the male gender shall be deemed to include the female gender.
2. APPLICATION OF TERMS AND CONDITIONS
The carriers obligations to the passenger for the carriage of the passenger and his property are regulated solely by these terms and conditions and no waiver of these terms and conditions and no waiver of these terms and conditions or admission of representations, warrantees, promises, undertakings, and the like given or made or on behalf of the carrier and all understandings and agreements entered into between the passenger and the carrier shall be of no force or effect whatsoever in so far as such representations, warrantees, promises, understandings and agreements are at variance with these terms and conditions.
3. NAMED PASSENGER/AGENT OF OTHER PASSENGERS
Where one ticket or document of contract or undertaking for conveyance upon the vessel is issued in respect of a number of passengers, the passenger whose name appears on such ticket or document and/or who purchase the ticket or enters into a contract for conveyance on the vessel or otherwise deals with the carrier or its agents when the contract is made and/or at any other time (hereinafter referred to as “the named passenger”) contracts and/or deals with the carrier as agent for all other passengers in respect of whom the said ticket or document is issued or agreement for conveyance upon the vessel is entered into with the intent and so that all other passengers are bound by these terms and conditions and/or such dealings and the named passenger warrants without reservation that he has the authority so to contract and/or deal with the company or its agents on behalf of all such other passengers and bind them as aforesaid and the named passenger undertakes to indemnify the carrier, it’s agents, managers, passage brokers, servants and all other persons dealing with the booking of passage on or associated with the operation of the vessel and keep them indemnified against all claims of whatever nature which may be brought against the carrier, it’s agents, managers, passage brokers, servants or persons associated with booking of conveyance or the operation of the vessel by any such other passenger or by the representatives or dependents, executors or assigns of any such passenger by virtue of a breach of such warrantee.
4. ALTERATION TO AND CANCELLATION AND FORFEITURE OF FARES
4.1 The amount shown on any ticket or in any correspondence or other communication as passage money represents the
Fare in force at the due date of issue of such ticket, correspondence or other communication. The carrier has the right to charge passage money according to the fare in force at the date of sailing and in the case of return booking the fare chargeable in respect of the return half ticket shall be the fare in force on the date of sailing on the return journey. Both the amount shown on ticket as passage money and any such subsequent increase shall be paid by the passenger before the embarkation and shall be deemed to be fully earned on embarkation. No passenger will be allowed to embark or take passage until the full passage money has been paid.
4.2.1 Any cancellation received within thirty one (31) days or more from the date of sailing – ten percent (10%) of the full
Fare raised by the company.
4.2.2 From fifteen days (15) to thirty days (30) prior to sailing – fifty percent (50%) of full fare raised by the company.
4.2.3 Fourteen (14) days or less from the date of sailing – the full fare raised by the company
5. VESSEL’S REGULATIONS
5.1 Passengers must comply with any regulations which the carrier or the Captain in it’s or his sole discretion, may at any
time consider necessary for the general good, comfort and safety of the vessel, it’s equipment and all persons on board the vessel.
5.2 From the time of embarkation to the time of disembarkation the Captain is in complete control of the vessel and all
Passengers and property on board the vessel, and passengers are required to carry out all instructions and requirements of the Captain without reservation.
5.3 The onus is upon the passenger to ensure the whereabouts of life jackets or other life saving devices on board the
Vessel together with the positioning of all fire extinguishers and other safety devices on such vessel and the onus shall further be on the passengers to familiarize themselves with the use of such devices.
The quantity of baggage which a passenger may bring aboard the vessel shall be in the sole discretion of the carrier or Captain of the vessel.
7. POWER TO REFUSE EMBARKATION
The carrier may, without giving any reason thereof, refuse to allow any passenger to embark upon the vessel and may cancel the contract of conveyance for such passenger at any time prior to the sailing of the vessel and shall in case return the passage money paid by such passenger and such passenger shall have no claim whatsoever against the carrier in respect of such refusal or cancellation.
8. PREMATURE TERMINATION
At any time either before or after the commencement of a voyage, and whether or not the vessel may have deviated or proceeded beyond the place of destination, the carrier may by notice in writing to the passenger or by advertisement in the press or on board the ship, or by any other suitable means, terminate forthwith the contract of carriage arising from the issuing of any ticket if the performance or further performance is hindered or prevented by causes beyond the control of the carrier of if the carrier of the Captain of the vessel considers that such termination is for any reason whatsoever, necessary in good management of vessel of carrier.
8.2 If the contract of carriage is so terminated, the carrier shall refund to the passengers: -
8.2.1 If the voyage is not commenced, the whole of the passage money paid by them;
8.2.2 If the voyage has commenced, that part of the passage attributable to that part of the voyage which has not been
performed; and the carrier shall not be under any further or additional liability to the passengers.
9. ALTERATION OF SAILING AND ARRIVAL DATES
Whilst every effort will be made to adhere punctually to the advertised dates and times of sailing and arrival, these and any dates specified in any timetables which may be issued by the carrier are only approximate, and may be altered by the carrier at any time and to such extent as is considered by the carrier and the passenger shall not have any claim by virtue of any such alteration.
10. ALTERNATIVE TRANSPORT
If the vessel shall be prevented by any cause whatsoever from sailing or proceeding in the ordinary course, the carrier shall be entitled to transfer the passenger to any other vessel of a similar nature on which the passenger had reserved passage and the passenger shall not have any claim arising out of such transfer.
11. DANGEROUS GOODS
The passenger warrants that no goods or article brought on board by him, whether amongst his property or otherwise, are prohibited by any Government or applicable law or regulation or are of a dangerous nature or contain any inherent vice and that he shall be solely and absolutely responsible for and will indemnify the carrier against any detention of the vessel and any penalties, fines, expenses, loss, damage, or liability whatsoever kind resulting from a breach of this warranty.
2. All passengers will at all times whilst on board or in the vicinity of the vessel or any of its tenders or facilities provided by or in association with the vessel, conduct themselves in an orderly and sober manner having due regard to the convenience, safety and comfort of the other passengers, crew and the vessel. If in the reasonable opinion of the carrier or the Captain, any passenger is in breach of, or is likely to be in breach, of this clause, the carrier or the Captain may refuse the passenger permission to board the vessel at any place or may discharge the passenger and his property at any place, in which event or events the passenger shall not be entitled to any refund of passage money or fares or be entitled to claim any ages from the carrier arising from such refusal of permission to board or discharge, as the case may be.
13. EXCLUSION OF LIABILITY
The carrier shall not be liable for any loss of life or life or for any other loss, injury, delay, inconvenience, deficiency in service, expense or damage whatsoever suffered by any passenger, nor for any loss or damage or delay to passenger’s property whether such loss of life, loss, injury, delay, inconvenience, deficiency in service, expense or damages arises from the act, default, neglect or error of judgment of the carrier, it’s agents, employees, Captain, crew or other servant of the carrier or any person whatsoever associated in whatever associated in whatever manner with the operation of the vessel or from or consequent upon unseaworthiness or unfitness of the vessel or any launch, tender or other craft or gangway, land stage or land conveyance used in connection therewith or from the unfitness of any food or drink supplied to the passengers or from or consequent any detention, delay, deviation, over carriage or omission to call or land or embark passengers or passenger’s property at any place or from or consequent on any variation or omission of any part of the advertised programme of the voyage or otherwise howsoever and whether such act, default, neglect, error of judgment, unseaworthiness, unfitness, detention, or after disembarkation at the end of the voyage or during any conveyance pursuant thereto or while the passenger is proceeding from the vessel to the shore or vice versa or is ashore or during any trip or excursion whatsoever on land or water during any activities associated with or included in a voyage on the vessel which shall include, without derogating hereof, the activities of game viewing, whether on land or by water-skiing, swimming, fishing or any activities of a like nature (whether or not any charge or extra may be made in respect thereof) which may take place during or in connection with the voyage or at any time whatsoever after or prior to the voyage when the carrier might, apart from this clause, be under a contractual, statutory or any other obligation whatsoever to the passenger.
All the foregoing exemption from liability shall apply equally to any ancillary contract of service, whether gratuitous or otherwise, (whether for consumption or otherwise), and the provision of medical care of whatever nature carried out or provided during or in connection with the performance of the carrier’s obligation to the passengers.
14. EXEMPTION OF SERVANTS, AGENTS, ETC, FROM LIABILITY
No servant or agent of the carrier nor any operator of the vessel nor any independent contractor from time to time employed by the carrier, shall in any circumstances whatsoever be under any liability whatsoever to the passenger for the death, sickness, injury, loss, damage, delay or otherwise of or to the passenger, his property or the person of those persons for whom he is responsible in terms of Clause 3, hereof arising or resulting directly from any act, neglect or default on the part of such servant, operator, or independent contractor while acting in the course of or connected in any way with his employment, agency, or contractual liability to the carrier and every condition, limitation exception and liberty herein contained and every right, exemption liability, defence, immunity of whatsoever nature applicable to the carrier shall also be available and extend to protect every such servant, agent, operator and independent contractor of the carrier acting as aforesaid and for all the purposes of the foregoing clauses of this clause, the carrier is contracting with the passenger as agent of and trustee for such servants, agents, operators and independent contractors who are deemed to be parties to the contracted conveyance of passengers. Such exemption shall, without derogating from the generality thereof, extend to anything which such persons shall do with regard to the operation, repair or servicing of the vessel and the provision of any service on or in connection with the operation of the vessel however remote such activity shall be.
15. PASSENGERS LIABILITY TO INDEMNIFY CARRIER
The passenger shall be liable to and reimburse the carrier or owner of such property for all damage to the vessel and it’s furnishings and equipment and/or property of the carrier, its servants, agents, employees, contractors or the other passenger on the vessel caused directly or indirectly in whole or in part by any willful or negligent act or omission on the part of the passenger or by any act of any infant passenger for whom the passenger is responsible (whether legally or otherwise) and the passenger shall further indemnify the carrier and each of its agents, servants, contractors and operators against all liability whatsoever which the carrier or its servants, agents, contractors or operators may incur towards any person, body or Government for any personal injury or death, loss of or damage to property caused directly or indirectly in whole or in part by any willful or negligent act or omission on the part of any passenger or by any act of any such infant passenger or by defect or inherent vice in any property belonging to or in the possession of the passenger and for the purposes of the foregoing provisions of clause the carrier is contracting with the passenger as agent of and trustee for such servants, agents, contractors and operators and other passengers who are deemed to be parties in the contract of conveyance.
16. CONSEQUENTIAL DAMAGES ARISING FROM CANCELLATION
In the event of any cancellation of this contract and whether or not the carrier is obliged in the circumstances and under the terms of this contract to repay any passage money or fares, the carrier shall not be responsible for any loss, injury, delay, inconvenience, expense or damage whatsoever suffered by or occasioned to passengers as a consequence of arising out of such cancellation or the delay in making any repayment in respect thereof.
17. TIME AND MONETARY LIMITS FOR CLAIM
The carrier shall not be liable for any claims whatsoever of any passenger unless full particulars thereof are given verbally to the carriers, its operators of the Captain of the vessel during any voyage or immediately upon such passenger’s disembarkation from any voyage and further unless full particulars are given to the carrier in writing within seven (7) days of such disembarkation. Legal proceedings shall prescribe in any event unless commenced within one (1) year after the passenger’s disembarkation from the vessel and further in any event the carrier shall not be liable in any amount exceeding the total amount paid to the carrier by or on behalf of the passenger, in respect of loss of life, personal injury or any other personal loss, damage or delay or in respect of loss, damage or delay to property.
In selling tickets coupons or vouchers to the passengers, or making arrangements for shore excursions or tours whether for transportation, conveyance, hotel accommodation, meals or otherwise the carrier acts solely as agent for the passenger on the express condition that no liability of any nature whatsoever shall attach to the carrier, its servants, agents, employees, contractors, or operators in connection with or arising out of shore excursions or tour arrangements aforesaid.
19. LAW AND JURISDICTION
Any dispute arising under this contract shall be determined in Zimbabwe in accordance with the laws of Zimbabwe and all passengers submit to the jurisdiction of the courts of The Republic of Zimbabwe in respect of any dispute arising under the Contract of Conveyance on the vessel.
20. SUPERCEDE ALL OTHER CONDITIONS
These Conditions of carriage shall supercede all other Conditions of carriage issued prior to 1 January 1997.