Maine-Nova Scotia (Bay Ferries Limited)

These Terms and Conditions of Carriage shall be incorporated into the legally binding contract of carriage applicable to all passengers traveling on the MV "Alakai" (commercial name "The CAT") or any other vessel employed (the "Vessel") in service between Nova Scotia and Maine (the "Service"), and all passengers travelling on the Vessel agree to be bound hereby.

Particular attention should be directed to clauses (b), (c), (d), (e), (f), (g), (h), (i), (k), (l), (o), (p), (q), (r), and (s) which contain important limitations on the passenger’s right to assert claims against Bay Ferries Limited (herein referred to as the “Carrier”), or either of their affiliates, agents or employees, or the Vessel. All passengers agree to be bound by all such limitations, irrespective of citizenship or residency or domicile and irrespective of the location where tickets are purchased.

(a) The contract for carriage of the passenger on the Vessel is between the passenger and the Carrier, which Carrier operates the Service and is responsible for operation of the Vessel. 

(b) It is agreed by all passengers that all claims, actions, disputes and other matters whatsoever arising under, in connection with or incident to the contract of carriage, against or involving the Carrier or the Non-Carrier (as defined below), shall be litigated, if at all, in and before a court located in Nova Scotia to the exclusion of all other courts or forums for adjudication. Any such claims or actions must be commenced within 2 years of the date of the incident giving rise to the claim or action.

(c) It is agreed by all passengers that all claims, actions, rights, privileges, agreements and disputes shall be solely governed by, and that the contract of carriage (including these Terms and Conditions of Carriage) will be solely construed in accordance with, the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to the rules of private international law or conflict of laws. 

(d) Any and all liabilities are limited by operation of and in accordance with the federal Marine Liability Act in Canada. 

(e) Neither the Carrier nor the Vessel shall be liable for personal injury, illness, or death of the passenger arising out of any cause of whatever nature, including but not limited to assault or battery by a crew member, or for loss or damage to the passenger’s vehicle or luggage, except where the death, personal injury, illness or loss or damage is proximately caused by the negligence of the Carrier or its agents or employees acting within the scope of their employment or the crew and staff of the Vessel. 

(f) Neither the Carrier nor the Vessel shall be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were proximately caused by the negligence of Carrier or its agents or employees acting within the scope of their employment or the crew and staff of the Vessel and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury. 

(g) The passenger agrees that affiliates of the Carrier and their respective agents and employees (together the “Non-Carriers”) shall have no liabilities, including liabilities arising from the negligence whatsoever to the passenger arising from the contract of carriage or carriage of the passenger on the Vessel. The Carrier confirms its authority to contract on behalf of the NonCarriers to procure on their behalf these protections and the other protections afforded to the Non-Carriers under this contract. 

(h) The Carrier reserves the right to cancel or reschedule any departure: 

• Due to insufficient reservations: 
• Due to force majeure or other circumstances beyond the control of the carrier that prevent operation of the vessel or the service; or 
• For any other reason deemed appropriate by the carrier. 

In such event, the amount payable by the Carrier is limited to refunding the full amount the passenger has paid to the Carrier. Neither the Carrier nor the Non-Carriers are responsible for costs or penalties related to accommodations, other travel, or other services cancelled or lost as a result.

(i) Neither the Carrier nor the Non-Carriers are liable for failure to provide the Service offered to the extent the Service cannot be provided due to force majeure or other circumstances beyond their control. 

(j) Booking is subject to availability. Any special offers may not be combined with any other forms of specials or discounts, except where specifically stated on our website.  

(k) The Carrier conducts its operation so as to maintain high levels of safety and security. This does not excuse passengers from assuming personal responsibility for avoiding dangerous situations while traveling, and all passengers must be vigilant as they move about the Vessel, up and down stairwells and on and off the Vessel and must ensure they do not pose a safety risk either to themselves or to others.     

(l) Children under the age of 16 must be accompanied by a parent or guardian at all times while aboard the Vessel. Parents or guardians are responsible for ensuring that their children are supervised and monitored at all times while aboard the Vessel. Neither the Carrier nor the NonCarriers will assume responsibility for the care or supervision of minors. Additionally, parents or guardians will be held liable for any damages, loss, or injury caused by their child and unaccompanied minors while on board the Vessel.

(m) All persons, vehicles, and effects are subject to search and screening. Passengers shall comply with any request for random check of luggage and/or person when embarking and/or disembarking. 

(n) The passenger must comply with the regulations and instructions given by the Master (Captain), crew and staff on board the Vessel.   

(o) A Vessel passenger in control of a motor vehicle must operate that motor vehicle in a careful and prudent manner at all times while on terminal property and at all times during Vessel preboarding, embarkation and disembarkation.  Notwithstanding any traffic or other direction provided by Vessel crew members, a passenger in control of a motor vehicle must nevertheless and continue to exercise caution to avoid any foreseeable hazards, obstructions, accidents, or collisions. The Carrier shall not be liable in any way for anything caused or contributed to by the failure of a passenger to operate a motor vehicle in such a careful and prudent manner at any time.

(p) A Vessel passenger in control of a motorcycle shall use tie-down straps available from the Vessel’s crew to secure the motorcycle when travelling.  Carrier shall not be liable for any damages to the passenger’s motorcycle and/or equipment should the passenger either choose not to use tiedown straps or applies the straps incorrectly. 

(q) Passengers acknowledge and agree that standard horn blasts from the Vessels are an integral part of maritime safety and navigation.  The Carrier shall not be liable in any way for any distress or inconvenience caused by these horn blasts during the Service.  

(r) Whether or not a passenger has signed a separate Indemnity and Release of Liability in this regard, if a passenger requests Carrier's assistance with loading and/or unloading and/or discharge of cargo and/or vehicles of any nature to or from the Vessel (including driving):

(i) Passenger agrees that the Carrier shall not be liable in any way for any personal injury, loss of or damage to vehicles or other personal or commercial property which may be sustained as a result of such assistance, even if the result of negligence of the Carrier or its employees, or of equipment failure; and 
(ii) (Passenger indemnifies and saves harmless the Carrier from all claims (including losses, damages and costs, and claims of third parties) arising from any such occurrence. 

(s) Passengers must be careful and take all reasonable precautions at all times on any terminal property and at all times on board the Vessel (including but not limited to embarkation and disembarkation). The Carrier shall not be liable in any way for anything caused or contributed to by the failure of a passenger to act in a careful and prudent manner at any time.

(t) Prior to boarding, the passenger must pay the full fare and possess a valid ticket and boarding card. 

(u) Passengers checking in at the departing terminal must declare all firearms with Carrier’s agent. Firearms shall be relinquished to the Carrier’s agent for secure transport on board. Upon arrival, legal firearms can be retrieved at the designed Customs and Border Security office. Carrier reserves the right to amend its policies and practices respecting carriage of firearms at any time. 

(v) Carrier is at liberty to take any action, or impose any requirement or measure at any time by virtue of any requirement or recommendation of any Government arising from public health concerns or which Carrier believes is in the best interests of passengers and the overall population from a public health standpoint. Such measures or requirements may include:

(i) Mandatory acceptable face coverings for all or part of the travel (including in terminals) 
(ii) Safe physical distancing, restrictions in movement on the Vessel, including restrictions on available seating areas; 
(iii) Requirement that passengers must remain in their vehicles during the crossing; 
(iv) Such other measures as the Carrier may consider necessary.

Full compliance with any such actions, requirements, or measures by all passengers is a condition for travelling on the Vessel.

(w) The Vessel is a high speed ferry which from time to time will encounter conditions which result in significant motion to the Vessel and discomfort to passengers. All passengers acknowledge and accept this risk and agree to fully abide by instructions of shipboard personnel in such circumstances.

If at any time before travel on the Vessel you determine you do not agree with these Terms and Conditions of Carriage, please contact the Carrier immediately to arrange a refund of all fares paid, excluding fares purchased during a promotional period. Eligibility for refunds on fares purchased during a promotional period shall be in accordance with the promotional period terms and conditions.

Should any provision of these Terms and Conditions of Carriage be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from the Terms and Conditions of Carriage and of no effect and all remaining provisions herein shall be in full force and effect and remain part of the governing contract of carriage. 
 

Rev: October 2024

Prince Edward Island-Nova Scotia (Northumberland Ferries Limited)

These Terms and Conditions of Carriage shall be incorporated into the legally binding contract of carriage applicable to all passengers travelling on Northumberland Ferries Limited (the "Carrier") vessels (the “Vessels”) in their service between Nova Scotia/Prince Edward Island (the “Service”) and passengers travelling on the Vessels agree to be bound hereby.

Particular attention should be directed to clauses (b), (c), (d), (e), (g), (h), (j), (k), (m), (n), (o), (p), and (q) which contain important limitations on the passenger’s right to assert claims against the Carrier, or its affiliates, agents or employees, or the Vessels. 

(a) The contract for carriage of the passenger on the Vessels is between the passenger and the Carrier which operates the Vessels and the Service, and the Carrier under this contract of carriage. 

(b) Neither the Carrier nor the Vessels shall be liable for personal injury, illness, emotional distress or death of the passenger arising out of any cause of whatever nature, including but not limited to assault or battery by a crew member, or for loss or damage to the passenger’s luggage, except where the death, personal injury, illness, emotional distress, loss or damage is proximately caused by the negligence of the Carrier or its agents or employees acting within the scope of their employment. Any such liability is limited by operation of and in accordance with the federal Marine Liability Act in Canada. 

(c) The passenger agrees that affiliates of the Carrier and their respective agents and employees (together the “Non-Carriers”) shall have no liabilities, including liabilities arising from the negligence whatsoever to the passenger arising from this contract or the carriage of the passenger on the Vessels. The Carrier confirms its authority to contract on behalf of the Non-Carriers to procure on their behalf these protections and the other protections afforded to the Non-Carriers under this contract. 

(d) The Carrier reserves the right to cancel or reschedule any departure: 

• Due to insufficient reservations; 
• Due to force majeure or other circumstances beyond the control of the Carrier that prevent operation of the Vessels or the Service; or 
• For any other reason deemed appropriate by the Carrier. 

In such event, the amount payable by the Carrier is limited to refunding the full amount the passenger has paid to the Carrier. Neither the Carrier nor the Non-Carriers are responsible for costs or penalties related to accommodations, other travel, or other services cancelled or lost as a result.

(e) Neither the Carrier nor the Non-Carriers are liable for failure to provide the Service offered to the extent the Service cannot be provided due to force majeure or other circumstances beyond their control. 

(f) Booking is subject to availability. Any special offers may not be combined with any other forms of specials or discounts.

(g) The Carrier conducts its operation so as to maintain high levels of safety and security. This does not excuse passengers from assuming personal responsibility for avoiding dangerous situations while travelling, and all passengers must be vigilant as they move about the Vessels, up and down stairwells and on and off the Vessels and must ensure they do not pose a safety risk either to themselves or to others.  Passengers shall comply with any request for random check of luggage and/or person when embarking and/or disembarking. 

(h) Children under the age of 14 must be accompanied by a parent or guardian at all times while aboard the Vessel. Parents or guardians are responsible for ensuring that their children are supervised and monitored at all times while aboard the Vessel. Neither the Carrier nor the NonCarriers will assume responsibility for the care or supervision of minors. Additionally, parents or guardians will be held liable for any damages, loss, or injury caused by their child and unaccompanied minors while on board the Vessel. 

(i) The passenger must comply with the regulations and instructions given by the Master (Captain), crew and staff on behalf of the Carrier.   

(j) A Vessel passenger on board with pets shall be liable for any losses, costs, or expenses incurred for any damages caused by their pet, including injury to other passengers, damage to the Vessels or premises i.e. furnishings, flooring, or equipment, or the property of other passengers, crew, or staff.   

(k) To protect the health of your pet, our crew, other passengers, and their pet(s), we recommend that pets be up to date on vaccinations.  While vaccinations are not mandatory, it is strongly encouraged to prevent the spread of contagious diseases.  Pet owners shall be liable for any consequences resulting form their pet not being up to date on vaccinations, including but not limited to the spread of contagious diseases.   

(l) In the event of an evacuation of the Vessels, the safety and well-being of passengers, crew, and staff will be the utmost priority. While every effort will be made to ensure the safety of pets on board, it may be necessary for crew to prioritize the evacuation of others over the welfare of their pets.

(m) A Vessel passenger in control of a motor vehicle must operate that motor vehicle in a careful and prudent manner at all times while on terminal property and at all times during Vessel preboarding, embarkation, and disembarkation. Notwithstanding any traffic or other direction provided by Vessel crew members, a passenger in control of a motor vehicle must nevertheless and continue to exercise caution to avoid any foreseeable hazards, obstructions, accidents, or collisions.  The Carrier shall not be liable in any way for anything caused or contributed to by the failure of a passenger to operate a motor vehicle in such a careful and prudent manner at any time.

(n) A Vessel passenger in control of a motorcycle shall use tie-down straps available from the Vessel’s crew to secure the motorcycle when travelling.  Carrier shall not be liable for any damages to the passenger’s motorcycle and/or equipment should the passenger either choose not to use tiedown straps or incorrectly apply the straps.

(o) Whether or not a passenger has signed a separate Indemnity and Release of Liability in this regard, if a passenger requests Carrier's assistance with loading and/or unloading and/or discharge of cargo and/or vehicles of any nature to or from the Vessel (including driving):

(i) Passenger agrees that the Carrier shall not be liable in any way for any personal injury, loss of or damage to vehicles or other personal or commercial property which may be sustained as a result of such assistance, even if the result of negligence of the Carrier or its employees, or of equipment failure; and 
(ii) Passenger indemnifies and saves harmless the Carrier from all claims (including losses, damages and costs, and claims of third parties) arising from any such occurrence. 

(p) Passengers must be careful and take all reasonable precautions at all times on any terminal property and at all times on board the Vessels (including but not limited to embarkation and disembarkation).  The Carrier shall not be liable in any way for anything caused or contributed to by the failure of a passenger to act in a careful and prudent manner at any time. 

(q) Passengers acknowledge and agree that standard horn blasts from the Vessels are an integral part of maritime safety and navigation.  The Carrier shall not be liable in any way for any distress or inconvenience caused by these horn blasts during the Service.

(r) Prior to boarding, the passenger must pay the full fare and possess a valid ticket and boarding card.

(s) Firearms are permitted as per Carrier policy. Passengers checking in at the departing terminal must declare all firearms with Carrier’s agent and obtain Carrier’s firearm policy. 

(t) Carrier is at liberty to take any action, or impose any requirement or measure at any time by virtue of any requirement or recommendation of any Government arising from public health concerns or which Carrier believes is in the best interests of passengers and the overall population from a public health standpoint. Such measures or requirements may include: 

(i) Mandatory acceptable face coverings for all or part of the travel (including in terminals); 
(ii) Safe physical distancing, restrictions in movement on the Vessel, including restrictions on available seating areas; 
(iii) Requirement that passengers must remain in their vehicles during the crossing; 
(iv) Such other measures as the Carrier may consider necessary. 

Full compliance with any such actions, requirements, or measures by all passengers is a condition for travelling on the Vessel.

(u) It is agreed by all passengers that all claims, actions, disputes and other matters whatsoever arising under, in connection with or incident to this contract, against or involving the Carrier or the Non-Carrier, shall be litigated if at all in and before a court located in Canada to the exclusion of all other courts or forums for adjudication. It is also agreed by all passengers that all such claims, actions, rights, privileges, agreements and disputes shall be solely governed by, and that the contract of carriage (including these terms and conditions) will be solely construed in accordance with, the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to the rules of private international law or conflict of laws.

If at any time before travel on the Vessels you determine you do not agree with these Terms and Conditions of Carriage, please contact the Carrier immediately to arrange a refund of all fares paid. 

Rev: October 2024