Article 1 : Introduction
This contract is governed either by the law of 18th June 1966 and its implementing decrees, or by the International Convention signed in Brussels on 29th April 1961, but only in the cases and within the limits where these legal texts are binding on the parties and, in addition, by the conditions and stipulations mentioned below.
This contract concerns passengers with named tickets for L’Express des Iles and in general all passengers with a transport document whatever the journey made on the international or domestic service of L’Express des Iles. The ticket is personal and cannot be transferred.
Article 2: Embarkation
Passengers must present themselves at the place of embarkation at least one hour before the scheduled departure time.
Check-in closes fifteen (15) minutes before the scheduled departure time in French ports, and thirty (30) minutes before the scheduled departure time in foreign ports, on the international line. It closes five (5) minutes before the scheduled departure time on the domestic line.
The carrier reserves the right to refuse a passenger who has not paid the applicable fare. The fare must be paid in full before boarding. Tickets are valid for 12 months.
During this period, unused full-fare tickets (FLEX) for international or domestic services returned to the company will be refunded with a penalty of €10 (ten euros). Partially used full-fare tickets (FLEX) for international or domestic services returned to the company will be refunded based on the residual value of the unused coupons. Other tickets cannot be returned or exchanged.
After this period of 12 months, no refund will be made. The validity of the ticket may be extended for one year upon payment of a fee.
In the event of the loss or theft of the ticket, the passenger will have to buy a new ticket. Unused coupons from the original ticket will only be refunded at the earliest after the end of the ticket’s validity, if no fraudulent use has been made of them, and only for tickets for international services. Domestic transit tickets will not be refunded in the event of loss or theft.
Article 3: Regulation
Passengers undertake to comply in all cases with the regulations established by the Company on board its ships.
Article 4: Vessel modification
The Company retains the right to substitute one of its boats or one of its subsidiaries for the one announced for departure.
Article 5: Baggage Policy
Carry-on baggage: Each passenger is entitled to one (1) piece of hand baggage. The sum of the three dimensions (length, width, height) of each piece of luggage must not exceed 150 cm. The weight is limited to 10 kg.
Checked baggage: Each passenger is entitled to one piece of checked baggage with a maximum total weight of 25kg. The sum of the three dimensions (length, width, height) of the baggage must not exceed 250 cm. Passengers with the “Express +” card are entitled to a second piece of hold baggage with the same characteristics. Each passenger should mark each piece of baggage with their name, full address and telephone number.
The carrier shall not be liable for loss, damage or delay resulting from failure to comply with these requirements.
Article 6: Baggage contents
Only those personal items and clothing which are necessary and appropriate for the purpose of the journey may be loaded as baggage.
The Company does not carry freight. In the event that goods of any kind, samples, articles and collectors’ items of any kind are loaded as baggage in contravention of the foregoing provision, passengers will be liable to a fine of 15.24 Euros per kilogram and the carrier and the ship will not incur any liability for loss or damage howsoever caused.
Article 7: Prohibited materials
Passengers are not allowed to take on board or place in their luggage inflammable, explosive or dangerous materials such as: matches, powder, cartridges, films, firecrackers etc… or objects whose importation is prohibited or which would not be in conformity with the laws and regulations of customs or police. Passengers who contravene this provision will be liable to the Company or any other carrier for any damage and expenses which may result from the embarkation of their luggage, without prejudice to the penalties laid down by French and foreign laws.
Passengers must comply, under their sole responsibility, with the import or export prohibitions laid down by the customs and police laws and regulations of any country in which the ship calls.
Article 8: Animals
Animals are not allowed in the cabin. Pets are allowed in the hold in a transport cage equipped with a keyless locking mechanism and containing absorbent material. The cage should only accommodate one animal and be equipped with a leash attached to the outside of the cage. The owners of the animals must provide all current documents (vaccination booklet, tattoo certificate, etc.). The company is not responsible for the health of the animal transported.
Article 9: Limit of liability
The carrier is not liable for cash, securities, jewelry, cameras, camcorders, computers, telephones and other valuables carried by passengers.
Article 10: Transport of vehicles
The vehicles admitted on board must meet the following characteristics: Vehicle in running order (no broken-down vehicles). Maximum length: 4.30 meters – Maximum width: 1.90 meters – Maximum height: 1.90 meters – Gross Vehicle Weight (GVW): 1.2 tons or 1,200 kg. For an oversized vehicle or trailer, the company should be consulted.
The vehicle must be accompanied by a driver who must provide the following documents: valid driver’s identity card, driver’s license, insurance certificate + coupon (photocopy not accepted), original vehicle registration document, owner’s authorization if the vehicle does not belong to the driver, technical inspection.
Vehicles must be present at least ninety (90) minutes before departure, closing of registration thirty (30) minutes before departure.
The Captain and the Company are not responsible for diversions, changes in itineraries and timetables, nor for interruptions in services or delays in departures and arrivals of the ship, nor for the non-coincidence of arrivals, departures or connections, nor for cases of quarantine, where sanitary, food and other expenses are – in this event – the responsibility of the passengers.
The Captain and the Company shall not be liable, in particular, for any delay in the execution of the transport contract, nor for its non-execution, nor for all the consequences which may result from an external event beyond their control, a case of force majeure, damage, civil or foreign war, total or partial strikes, coalitions of employers, workers, officers, sailors, employees of any kind, whether or not they are in the service of the Company, or from the decommissioning or the partial or total stop of the ships of the Company resulting from general or partial lock-outs, whatever the promoters are. They therefore decline all responsibility for the consequences of these irregularities or interruptions or cancellations of service and the costs and risks of stay shall be borne by the passengers.
The Captain is allowed to tow, to rescue ships in all situations, to divert, to make all rescues and all transhipments, and the passengers renounce any claim in this respect.
The Company is obliged to put and keep the vessel in a seaworthy condition, suitably fitted out, equipped and supplied for the voyage in question and to take all necessary steps to ensure the safety of the passengers.
For personal injury to passengers, either on board or during embarkation or disembarkation operations, as well as for loss of or damage to passengers’ baggage and damage to the vehicles carried, passengers must declare this to the ship’s Captain at the latest when they disembark on the quay.
Personal injury or loss of or damage to passengers’ baggage or vehicles carried shall not give rise to compensation by the carrier unless it is proved that he has contravened the obligations prescribed in the preceding article or that he or one of his employees was at fault. If the personal accident or the loss of or damage to the passengers’ baggage or the vehicles carried has not been the subject of a joint report, involving the presence of the Captain or his representative, and at the latest when the passenger disembarks on the quay, any action for compensation must be declared inadmissible.
The maximum amount of compensation payable by the carrier for loss of or damage to baggage (excluding the vehicle) is 150 euros per passenger. Otherwise, the Company’s liability may only be incurred by the passengers themselves or their beneficiaries under the conditions laid down by the French law of 18th June 1966 and its implementing decrees, governing the liability of the maritime carrier or, as the case may be, under the conditions and limits laid down by the Brussels International Convention of 29th April 1961.
For any delay in the delivery of baggage which is prejudicial to the passengers and engages the responsibility of the Company, the compensation due by the Company cannot exceed 20% of the compensation which would be due in the event of the loss of said baggage. The Company reserves a period of one month to search for lost packages.
For any damage to his person, the passenger must make his claims in writing by hand-delivered letter to the Captain, at the latest when disembarking on the quay. Failure to comply with this obligation will, in the absence of evidence to the contrary, result in the passenger being presumed to have disembarked safely.
If a passenger is turned away by the immigration authorities, no claim can be made against the carrier in this respect. In general, passengers should ensure that they meet all government requirements for entry, exit or stay at their place of departure, stopover and destination.
Drinks and food on board are at the passenger’s expense.
For security reasons and in accordance with the International Safety Port and Ship (ISPS) Code, a statutory video recording device is in use on board.
(a) All limitations, exemptions and stipulations of this contract relating to the liability of the carrier shall also apply, as the case may be, to the liability of his agents, vessels, employees and other representatives, and also to the liability, if any, of the owners, agents, employees and other representatives of any substituted vessel. Liability claims shall be barred within the time limits provided by the applicable law.
b) The illegality or invalidity of any clause, paragraph or provision of this contract shall not affect or invalidate any other paragraph or provision of this contract.
c) The competent court to deal with difficulties to which the execution of this contract could give rise is, even in the event of a guarantee appeal or multiple defendants or related cases, the Commercial Court of Pointe à Pitre.
The passenger declares that he accepts this jurisdiction and shall refrain from suing the Company in any other court.
Travel agents acting, where applicable, as agents of L’Express des Iles for the material operations of reserving seats and issuing tickets cannot be held liable to users for any damage which may occur as a result of or in connection with the transport.
No agent, servant or representative of the carrier shall have the authority to alter or delete any provision of this contract.