Argyll and Bute Council Ferries

Terms of Travel & Privacy Policy

Our Terms of Travel will apply to your ferry travel for tickets purchased on board and through our e commerce site.  Please read them carefully.

These Terms of Travel include certain limitations and exclusions in respect of our liability for death, personal injury, financial loss and damage to property, even if caused by our negligence.  If you have any query or other concern, please contact our Marine Operations Office (Telephone: 01546 604578).

1. Your contract with Argyll and Bute Council

1.1. Terms of business

Our Terms of Travel apply to all passengers being any person travelling on a ticket or any person who requires to travel on a ticket issued or to be issued by or on behalf of the Council, including, but not being limited to, any person in charge of luggage, goods, commercial vehicles, unaccompanied vehicles and/or livestock whether or not a ticket is issued to that person and any person who is entitled to use the Services without charge whether or not a complimentary ticket or free pass is issued to such person.

1.2. Travel only

Passengers will be contracting with Argyll and Bute Council for travel-only bookings.

1.3. Travel by coach or mini bus

Travel by coach or mini bus is subject to the relevant terms and conditions of the particular supplier and all applicable international conventions. Details of such terms and conditions are available on request from the relevant company.

1.4. Variation in services and/or prices

We reserve the right to alter published timetables on our website, including prices and times, and to designate a different ferry for a particular journey for operational reasons.

1.5. Variation in terms of business

Our ferry staff are not allowed to vary, waive, or make any representation in respect of any of these Terms of Travel.

1.6. Availability of space

All our ferries operate on a first come first served basis with additional sailings as required to accommodate demand at the time.

1.7. Law and jurisdiction

These Conditions and any contracts of carriage entered into by Passengers, Shippers and Users with the Council shall be governed by the law of Scotland (including, but not being limited to, any international convention, protocol, code or order incorporated into the law of Scotland) and the Scottish courts shall have exclusive jurisdiction in respect of any dispute arising from such Conditions and/or contracts of carriage.

2. Complaint procedure

If you have any complaint in respect of services provided by us please bring it immediately to the attention of the ferry crew. If it is not then resolved to your satisfaction you should contact our Customer Services team promptly giving full details and if possible a daytime telephone number or e-mail address, so that we can make a timely and thorough investigation. You may contact us by telephone on 01546 605516 or via our website, www.argyll-bute.gov.uk

3. Purchase of tickets

3.1 Tickets can be purchased on board the ferries or through e commerce; https://juraferry.argyll-bute.gov.uk https://lismoreferry.argyll-bute.gov.uk https://cuanferry.argyll-bute.gov.uk https://easdaleferry.argyll-bute.gov.uk 3.2 Payment may be made by major credit or debit card on-board or on-line, https://www.argyll-bute.gov.uk/home Payment may also be made by cash or cheque.

3.3 We reserve the right to levy a fuel surcharge in the event of increases in fuel cost. This would result in an additional charge to the advertised prices shown on our website.

4. Travel on Argyll and Bute Council Ferries

4.1 Children under the age of 12 must be accompanied by a responsible adult at all times.

4.2 Your purchased ticket is valid for up to 12 months depending on ticket type.

4.3 We will seek to provide you, your luggage and vehicle (on car ferry routes) with the journey shown on your ticket, though ferry sailing times may be affected by weather conditions or may be changed (at our discretion) by operational requirements.

5. Your responsibility

5.1 If purchasing tickets through our e commerce site please ensure the correct ticket type is purchased as any fare difference will be payable on board the ferry plus a £5 penalty charge.

5.2 All tickets expire one year after purchase unless otherwise stated. Tickets are strictly non-refundable if used, partially used, or expired.

5.3 Non-transferability - Tickets shall not be transferable

5.4 Your ticket will be sent via email to the email address specified when purchasing tickets through our e commerce site. This ticket must display a valid machine readable barcode for it to be accepted on board the ferry, this must be in printed form or on your mobile device.

5.5 All tickets must be retained for validation on each crossing. Passengers not in possession of a valid ticket or ticket unable to be validated will be required to purchase a ticket for the crossing.

5.6 Refunds for lost or stolen tickets are solely at the discretion of Argyll and Bute Council. You must contact the Marine Operations office during normal working hours at Lochgilphead (01546 604578) to make such a claim.

5.7 In the interest of safety and security we require you to accept that we are entitled, at our discretion (subject only to refund of the fare), to refuse to provide transport for any person, luggage or vehicle (car ferry routes only) for any reason related to safety or security or in the interests of other passengers or to ensure compliance with applicable regulations. You must comply with all safety and security regulations and notices and any instructions given to you by our ferry crews.

5.8 We require you to accept that we and any relevant port authority are entitled to carry out searches of passengers and vehicles pursuant to any statutory or other legal requirements.

5.9 All animals must remain within the vehicle they are being transported in at all times. Dogs must be kept on a lead on all ferry crossings.

5.10 We require you to notify us before or at the time of disembarkation in respect of damage to, or loss of, luggage and/or vehicle. If you do not notify us, you will be presumed to have received your luggage and vehicle undamaged. We shall have no liability in respect of loss of, or damage to, cash, negotiable securities, gold, silverware, jewellery, ornaments and works of art, electronic equipment or other valuables.

5.11 If luggage or other personal belongings are left with us after your journey, we will store and after a reasonable period sell it and need only account to you for the proceeds (less storage charges and costs of sale) if you make a claim within 12 months of the journey.

6. Instructions for vehicular traffic

Park on arrival in delineated areas. Ferry crew will indicate when loading can commence. Drive slowly on the slipway and on the ferry boat. Put on hand-brake and turn off engine after parking. Do not open car doors until all traffic has been loaded. Remain in car until fare has been collected or ticket has been validated. All motorcycles must be parked with centre stand (not side stand) and must not disengage centre stand until ferry has docked and in a stationary position. Have exact fare or pre-paid ticket ready and ensure you obtain printed ticket if paying on-board which must be retained for return journey validation where applicable.

7. Restrictions on Traffic

Islay – Jura ferry commercial vehicles: maximum 40 tonnes.

Cuan – Luing ferry commercial vehicles: maximum 15.45 tonnes.

8. Carriage of Dangerous Goods

No dangerous goods, eg fuel, gas are permitted to be carried on board passenger ferry routes. Users must not bring dangerous goods, firearms, or animals without our prior permission, compliance with all applicable regulations and the obtaining of any relevant licences. Dangerous goods notification procedure is available on our website, https://www.argyll-bute.gov.uk/marine-safety-management-system#dangerous

8.1 Regulation in respect of dangerous goods and substances on board vehicular ferry routes in accordance with the IMDG Code 2018 edition.

(a) Dangerous goods or substances as classified in any of the Dangerous Substances in Harbour Areas Regulations 1987, the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 and/or the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 will be loaded upon or unloaded from the Vessels at slipways used by the Vessels, nor will any such dangerous goods or substances be accepted for shipment on board any of the Vessels unless prior application in the manner prescribed by the Council from time to time has been made – procedure is available on our website, https://www.argyll-bute.gov.uk/marine-safety-management-system#dangerous

(b)Additionally, Passengers and other Owners are advised that firearms (which, of these Conditions) will require to have a licence exhibited in respect of them to the master of a Vessel. The Council will not ship unlicensed firearms.

(c)All regulations, terms and conditions applicable to the shipment of dangerous goods and substances on board the Vessels shall be strictly adhered to by Passengers and other Owners of such goods and substances.

Explanatory Note relating to the shipment of Dangerous Goods and Substances

The following items/materials are classified under these Conditions as being or comprising dangerous goods and substances:-

firearms; explosives; non-flammable compressed liquefied or dissolved gas; toxic gas; flammable gas; flammable liquid; flammable solids; spontaneously combustible substances; substances which in contact with water are liable to become spontaneously combustible or to give off a flammable gas; oxidising substances; organic peroxides; toxic substances; infectious substances, radioactive substances; corrosive substances and other substances as specified in the International Maritime Dangerous Goods Code (a copy of which Code is available on request at any of the Council's offices) or any other publication from time to time of a similar nature.

8.2 Regulation for the conveyance of petrol, fuel oil, cylinders and cartridges of liquefied hydrocarbon in vehicles on board vessels.

The following, which shall be deemed to include "M" Notice 1433 (a copy of which Notice is available on request at any of the Council's offices) or any publication from time to time of a similar nature, comprise the Council's Regulations with which all Passengers, Shippers and Users must comply in relation to the conveyance of petrol, fuel oil and cylinders and cartridges of hydrocarbon gas (such as Calor Gas, Bottogas and Camping Gaz) in or on any vehicle carried on the Vessels:-

(a)All vehicles carrying petrol or fuel oil in their main fuel tank shall be fitted with means whereby the fuel supply shall be shut off either (i) in the case of gravity feed by closing the valve or (ii) in the case of a pump feed by stopping the engine. No fuel tank shall be filled to such a degree as will allow any spillage during loading or unloading or throughout the voyage when the motion of the Vessel must be taken into account.

(b)With regard to gas cylinders in caravans and in other vehicles where the gas is used solely in connection with its operation or business, steps shall be taken by Passengers, Shippers and Users to ensure that all cylinders are declared by such Passengers, Shippers and Users to the Vessel's officers in charge of loading and the following conditions shall apply:-

(i) the maximum number of cylinders carried shall be 3, except in the case of small expendable cartridges hermetically sealed and packed in an outer container, when up to 12 may be carried;

(ii) all cylinders shall be adequately secured against movement of the vessel;

(iii) the supply shall be shut off at the cylinders during the entire voyage;

(iv) leaking and inadequately secured or connected cylinders should not be offered for shipment; and

(v) no pierced expendable cartridge shall be carried in any vehicle and any such cartridge shall be safely disposed of prior to shipment of the vehicle.

8.3 Breach of Regulations

Any breach of the Regulations referred to or contained in Conditions 8.1 and 8.2, as to which breach the Council, its employees and/or agents acting reasonably shall be the sole judge, shall entitle the

Council to refuse shipment and to take such other reasonable action as may be deemed necessary to ensure the safety of its Vessels, Passengers, crew and cargo. The Owner who is in breach shall be liable for any loss, damage and/or injury arising from such breach sustained by the Council, its employees and/or agents and all payments made to the Council for the intended shipment and carriage such as are frustrated by such breach shall be forfeited by such Owner to the Council (and credited by the Council towards the amount of such loss, damage and/or injury).

9. General

Passengers, vehicles, merchandise, livestock and goods of any description are carried entirely at owners’ risk. Argyll and Bute Council does not hold itself responsible for any loss or damage either personal or to vehicles, merchandise, livestock or goods, or for loss arising from delay or cancellation of sailings. Traffic is accepted only in accordance with the above and the conditions of carriage as detailed on the notices displayed at the terminals, on board the ferries and herein.

Concessionary travel is available on Council ferries for anyone who lives on an island or peninsula and meets the qualifying criteria available from http://www.spt.co.uk/travelcards/concessions/. Ferry customers may also be asked to display their National Entitlement Card on boarding.

10. Our liability

10.1 Limitations and exclusions. Our liability in respect of death or personal injury shall in no case exceed the appropriate limit under the Athens Convention. Our liability for loss of, or damage to, property (regardless of where the loss or damage may occur) shall in no case exceed an amount equal to the respective limits under the Athens Convention. Please see clause 5.10 for further restrictions on our liability for certain items; we shall be under no liability to you (or other people travelling pursuant to a ticket purchase made by you) for any loss which does not arise naturally in the ordinary course unless you have notified us in writing prior to or upon making the ticket purchase of special facts or circumstances relevant to any such claim and we have knowingly accepted the additional risk; we shall be under no liability to you at all if the failure to perform or improper performance of any contractual obligation is caused by: (a) your own fault or the fault of anybody else included in your ticket purchase; or (b) a third party unconnected with the provision of any service contracted for and the failure is unforeseeable or unavoidable; or (c) (i) any unusual and unforeseeable circumstance beyond our control, the consequence of which could not have been avoided even if all due care had been exercised; or (ii) an event which we or any supplier of services, even with all due care, could not foresee or forestall. 10.2 In the event of delay to, or cancellation of, a sailing, losses, costs, or expenses might be incurred by Passengers. Argyll & Bute Council does not accept any liability for such losses, costs, or expenses incurred by Passengers which may include, but are not limited to, accommodation costs or travel by any alternative form of transportation. Passengers are advised to consider purchasing travel cancellation/delay insurance.

10.3 The Athens Convention relating to the Carriage of Passengers and their Luggage by Sea of 1974, as modified or re-enacted, will apply in respect of each booking and journey by sea. Particulars of the Athens Convention are available from our website, www.argyll-bute.gov.uk

11. GDPR

What information do we need?

Argyll and Bute Council will act as the ‘Data Controller’ in regard to the personal data you provide to us. The Council’s headquarters is at Kilmory, Lochgilphead PA31 8RT. The Council’s Data Protection Officer is Iain Jackson who can be contacted at the above address or by email at iain.jackson@argyll-bute.gov.uk or by calling 01546 604188.

The information will include details such as your name, address, e-mail address, telephone number, payment details, and IP address.

Unless specifically agreed with you, we will only collect personal data about you which does not include any special categories of personal information about you (also known as ‘sensitive personal data’).

Why we need this information?

You are giving us your personal information to allow us to provide ticket purchasing facilities, respond to queries, and provide updates and further support and information.

We need to know this information in order to:

· To provide you with these services we provide

· To provide you with the services you have requested

· To verify your identity where required

· To ensure secure payments and issue tickets

· To contact you by post, email or telephone; contact will only be made in regard to specific bookings, not for any other purpose

· To maintain our records.

If you do not provide this information then we will be unable to provide those services to you. We will not collect any personal data from you that isn’t needed for delivery of those services.

Our legal basis for processing your information:

· Contractual – the processing is necessary for verifying identity and payment for the provision of travel tickets and maintaining a secure user account on our systems.

In order to provide these services, we will share your information with the services or categories of organisations listed below for the purposes specified.

· Third party credit card processing companies, banks and anti-fraud services during the purchase process

· Other public bodies (and also receive information from these other bodies) for the purpose of preventing or detecting fraud

· Regulatory and law enforcement bodies in compliance with legal obligations.

UK or International Data Processing

All of the information we collect from you will be processed by staff in the United Kingdom. You should be aware however that your data will be stored on servers located in within the United

Kingdom; the data will not be processed outside the European Union. We will take all reasonable steps to ensure that your data is kept securely and more information on how we do this is provided on the Council website (www.argyll-bute.gov.uk ) or can be provided in paper format on request to your service contact – tel: 01631 569167 or 01546 604578, email: ferrytickets@argyll-bute.gov.uk

How long will we keep your information?

We will usually keep your information for a maximum of 7 years, after this period it will be destroyed under secure arrangements if it is no longer required for the lawful purpose(s) for which it was obtained. More information on our retention schedule is provided on the Council website (www.argyll-bute.gov.uk) or can be provided in paper format on request to your service contact - Tel: 01631 569167 or 01546 604578, email: ferrytickets@argyll-bute.gov.uk

Automated Decision Making

No automated decision making is used in providing this service.

Your Rights

When you provide information to the Council, you will have the following rights:

· to withdraw consent at any time, where the legal basis specified above is consent · to lodge a complaint with the Information Commissioner’s Office (www.ico.org.uk)

· to request access to your personal data

· to data portability, where the Legal basis specified above is i) consent or ii) performance of a contract

· to request rectification or erasure of your personal data, as so far as the legislation permits.

The Council’s Data Protection Officer will ensure that personal information is handled in compliance with data protection law, contact details are noted in the first paragraph of this notice.

You can find out more about your rights in relation to data protection here: www.argyll-bute.gov.uk/data-protection or from the Data Protection Officer by telephone or in writing, as detailed above.

Information Commissioner’s Office

The ICO is the UK’s independent body set up to uphold information rights.

Information Commissioner’s Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF Telephone: 0303 123 1113 Email: casework@ico.org.uk

The Information Commissioner’s Office – Scotland

45 Melville Street, Edinburgh, EH3 7HL Telephone: 0303 123 1115 Email: Scotland@ico.org.uk

Argyll and Bute Council

Roads and Infrastructure Services

1A Manse Brae

Lochgilphead

Argyll

PA31 8RD

Tel: 01631 569167 or 01546 604578

Email: ferrytickets@argyll-bute.gov.uk

Web: www.argyll-bute.gov.uk