Online Booking Conditions
This page (together with the documents referred to on it) explains the Conditions on which we make our online booking service available to you. Please read these Conditions carefully and make sure that you understand them, before making any Booking. You should understand that by making a Booking, you agree to be bound by these Conditions.
You should print a copy of these Conditions for future reference.
“Booking” means a booking for Ferry Services or Speciality Cruises from time to time made available on or through our Websites and in conjunction with our third party service providers
iBooking and SagePay;
“Booking Reference” means the reference number attributed to your Booking which is allocated by our booking agent iBooking and which confirms your Booking;
“Clyde Marine Services Limited” or “CMSL” means Clyde Marine Services Limited, a company registered in Scotland (Company No. SC034707) and having its registered office at Victoria Harbour, Greenock, PA15 1HW (“CMSL“) and “we”, “us” and “our” means CMSL. “Clyde Clippers” and “Clyde Cruises” are trading names of CMSL;
“Conditions” means the online booking terms and conditions contained within this document;
“Contract” means the contract formed between you and us when you accept these conditions and make a Booking;
“Ferry Service(s)” means the following services, which may be changed from time to time at our discretion: the ferry services operated by us: (a) between Govan and the Riverside Museum; and (b) between Glasgow and Braehead; and shall include in either case single journeys and return services and whether booked for adults, concessions, or children;
“iBooking” means our third party service provider which provides the technology platform upon which you can make a Booking and to whose site you will be referred to as part of the booking process set out in these Conditions;
“SagePay” means our third party service provider which collects payment on our behalf and to whose site you will be referred to make payment as part of the Booking Process;
“Speciality Cruise(s)” means any service operated by CMSL which is not a Ferry Service;
“Transaction Costs” means any costs applied to a Booking relating to the use of credit cards or other means of payment, as the same may be amended from time to time; and
“Websites” means www.clydeclippers.com, www.clydecruises.com and www.clyde-marine.co.uk.
Booking and reference
When you visit our Websites to make a Booking you will be offered the option of booking for Ferry Services or Speciality Cruises. You will be referred to the iBooking page to make the booking.
You should make your choice as to what service you require. You will be given the option of choosing the route and (where relevant) the time of the booking and details of the costs. You will be offered a choice of routes to select. You should select the relevant route and date. Once confirmed your Booking entitles you to a sailing on that particular date. Then enter the number of passengers and the details of the persons booking (and/or travelling, where requested). You will then be given a summary of the proposed booking and referred to SagePay in order to make payment for your booking. Please note that there may be some Transaction Costs applied to any booking made using a credit card.
Once payment has been taken successfully your Booking will be made.
At the end of the Booking process you will be issued with a Booking Reference by email. This reference will be required to be presented at the CMSL ticket desk or at the point of boarding (whichever is indicated on the relevant Website for the Ferry Service or Speciality Cruises) where your reference will be acknowledged as a ticket for travel or where you will be provided with a separate ticket for the purposes of travel. Please print the Booking Reference and bring this with you to your point of travel, ensuring that you arrive in sufficient time to be able to collect tickets and board.
Whilst we endeavour to make our Websites available to you we cannot ensure that any of the Website will be available at all times. We therefore do not make any such warranty and hereby disclaim any responsibility for any inability to access or use (whether such access or use is permanent or intermittent) the Websites (and any third party sites linked to them) at any time. Without prejudice to the foregoing we also cannot guarantee any availability or uptime for any iBooking or SagePay websites and as such we cannot ensure that your booking will be completed by these third parties once you have left our Websites. We apologise for any inconvenience this may cause.
Cancellation and refunds
Bookings are non-refundable except in circumstances detailed in REF _Ref325102303 \r \h 3.6 below. This provision does not affect your other statutory rights as a consumer.
Date changes can be made for Speciality Cruises up to fourteen (14) days prior to departure date at a cost of £5.00 (or such other cost as is specified in your Booking). This charge can be paid by calling us and paying by debit of credit card. Any tickets issued to you must be returned to us as the address set out in the notices clause. It is your responsibility to ensure that tickets are returned to us in a manner evidencing their return – for example, delivery in person or by recorded first class mail and that they are so returned before the original date of the Speciality Cruise. We cannot be responsible for tickets not received by us. We strongly advise that you phone us on 01475 721281 to check the availability of Speciality Cruises for the alternative which you want to book for prior to changing the original Booking.
Lost tickets or Booking references cannot be replaced or re-issued without proof of purchase. Any claim for replacement of lost tickets or Booking references must be received by us at least forty eight (48) hours before commencement of the Ferry Services or Speciality Cruises (as the case may be).
We will endeavour to provide passengers with as much notice as possible regarding any alterations, cancellations or curtailments of Ferry Services or Speciality Cruises. We will endeavour to contact you (or the person making the booking) via the contact details you have provided to us but we also reserve the right to make such information available in whatever other format or by whatever other means we deem reasonably necessary in the circumstances. Information relating to delays, suspensions, and cancellations will be posted on our Websites at the earliest opportunity.
We reserve the right to use a substitute vessel, alter, or in the event of adverse weather or other operational reasons, curtail or cancel the Ferry Service or Speciality Cruise (as the case may be).
In cases where we cancel or alter the Ferry Service or Speciality Cruise we will endeavour to offer an alternative date or where this is not possible or practical then we may at out discretion offer a refund of amounts paid (less any reasonable administrative costs).
If a Booking is cancelled under this clause REF _Ref324170338 \r \h \* MERGEFORMAT 3, then where applicable we will refund the amounts owed as soon as possible following cancellation and in any case within thirty (30) days following cancellation. If we are due to provide you with a refund then this will be made to the credit or debit card used to carry out the original transaction. Please note that there may be a delay in doing this as result of payments made using SagePay.
The price of booking a Ferry Service and/or Speciality Cruise and our ancillary charges will be as quoted on our site from time to time, except in cases of obvious error.
Prices stated include VAT, where applicable. However, if the rate of VAT changes between the date of Booking and the date of carriage on the relevant Ferry Service or Speciality Cruise, we will adjust the VAT you pay, unless you have already paid for Booking in full before the change in VAT takes effect.
Prices are liable to change at any time, but changes will not affect orders in respect of which you have already received the Booking Reference.
By placing an order through our site, you warrant that: (a) you are legally capable of entering into binding contracts; (b) you are at least 16 years old; and (c) that you are not resident in a country where making a payment to our site, in line with these Conditions, would breach any laws in that country.
If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or it was otherwise contemplated by you and us at the time you entered into the relevant Contract with us.
We only accept personal bookings. You agree not to use the service to book tickets or carriage for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); (d) defective products under the Consumer Protection Act 1987; and (e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Transfer of rights and obligations
We may transfer our rights and obligations under these Conditions to another organisation, but that will not affect your rights or our obligations under your Contract with us. You may only transfer your rights and obligations under your Contract with us if we agree to this in writing.
Variation of conditions
We have the right to revise and amend these Conditions from time to time. You will be subject to the policies and Conditions in force at the time that you make a Booking, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before you receive the Booking Reference (in which case we have the right to assume that you have accepted the change to these Conditions), unless you notify us to the contrary within seven (7) working days of receipt by you of the Booking Reference.
Nature of contract
These Conditions are intended to apply where we contract with you as a consumer. We intend to rely upon these Conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure that you ask for any variations from these Conditions to be confirmed in writing.
Applicable laws require that some of the information or communications we send to you should be in writing. When making a Booking, you accept that communication by us to you will be electronic. We will contact you by email or provide you with information by posting notices on our Websites. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Any notice to be sent by you or by us in connection with these Conditions can be sent by letter or by email. Notices to us should be sent to one of the following addresses:
Post: Clyde Clippers / Clyde Cruises, Victoria Harbour, Greenock, Renfrewshire PA15 1HW
We will send notices to you by email to the email address that you supplied at the time of making your Booking.
Either of us can change the address for notices by telling the other in writing the new address, but the previous address will continue to remain valid for 7 days after the change is notified.
If sent to the correct address, a notice will be treated as received 3 working days after sending if a letter or 24 hours after sending if sent by email even if it is not actually received.
Third party rights
A person who is not party to these Conditions or a Contract shall not have any rights under or in connection with them.
The failure of either party to exercise or enforce any right conferred on that party by these Conditions shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. No waiver by us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause REF _Ref324154436 \r \h \* MERGEFORMAT 13 above.
If any court or competent authority decides that any of the provisions of these Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
We reserve the right to cancel a Contract for as a result in changes in circumstances which are beyond our reasonable control, including but not limited to any strike, lockout, disorder, fire, explosion, flood, storm, accident or stoppage of or affecting our business or work and which prevents or hinders the operation of the Ferry Service or Speciality Cruise to which your Booking applies.
Law and Jurisdiction
These Conditions and any contractual or non-contractual matters arising in respect of these Conditions shall be governed by the law of Scotland. The Scottish Courts shall have exclusive jurisdiction in respect of any dispute arising out of or in connection with these Conditions.