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Terms and Conditions

 
  1. Definitions
     
    a.   “We”, “our”, “ourselves”, “us” and “ferry” means Cataferry Sdn. Bhd. 1118897-M.
    b.   “Website” means the internet site www.cataferry.com provided by us for the purpose of passengers making online bookings and to access information about us.
    c.    “Terms and condition” means these Terms and conditions of ferry.
    d.   “Tickets”, “Ticket” means the itinerary and includes the Electronic Ticket and Electronic Coupon issued by us or on our behalf and including the Conditions of Contract and notices contained in it.
    e.   “Tariff” means our fares and charges published electronically or on paper.
    f.   “Seat” means a seat on our ferry”
    g.   “Route” means the ferry from the jetty or port at the point of origin to the jetty or port at the point of destination.
    h.   “Itinerary” or “Travel itinerary” means the document we issue to passenger that includes the Passenger’s name, ferry information, booking number, Conditions of contract and notices.
    i.   “Guest”, “passengers”, “you” and “yourself” means any person, except members of the crew, carried in a ferry with our consent.
    j.   “Electronic Ticket” means the Itinerary issued by us or on behalf, the Electronic Coupon and if applicable, a boarding document.
    k.   “Electronic Coupon” means an electronic ferry coupon or other value document held in our database.
    l.   “Damages” or “Damage’ includes death, bodily injury to a passenger, delay, loss, partial loss other damage, arising out of or in connection with ferry or other services incidental thereto performed by us.
    m.   “Conditions of Contract” means those statements contained in or delivered with the Itinerary, identified as such and which incorporate by reference, these Terms and Conditions and notices available at our offices and sales ticket counters.
    n.   “Conditions of Contract” means those statements contained in or delivered with the Itinerary, identified as such and which incorporate by reference, these Terms and Conditions and notices available at our offices and sales ticket counters.
  2. Applicability
     
    a.   General: These Terms and Conditions apply to the carriage by sea or by other means of transportation including surface transportation of Passengers and baggage performed by us on our behalf and to any liability we may have in relation to that carriage and transportation.
    b.   Terms and Conditions Prevail:Except as provided in these Terms & Conditions, in the event of inconsistency between these Terms and Conditions and our Conditions of Contract or any other regulations we may have dealing with particular subjects, these Terms & Conditions shall prevail.
    c.   Language:The language of these Terms and Conditions is English and even though there may be translations of these Terms and Conditions in other languages, English shall be in the sole language used in the interpretation of these Terms and Conditions.
  3. Tickets / Itinerary
     
    a.   Prima Facie Evidence of Contract: The itinerary is prima face evidence of the contract for carriage between passenger and us. The itinerary, these Terms & Conditions and our Conditions of Contract (including applicable Tariff) together constitute the terms and Conditions and our Conditions of Contract.
    b.   Validity:The Itinerary is only valid for the Passenger named and the ferry specified therein.
    c.   Identity:We will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You will be required to produce appropriate identification before boarding.
  4. Fares
     
    a.   General: Fares apply only to carriage from the jetty at the origin to the jetty at the point of destination. Fares exclude ground transport services unless otherwise specifically stated by us. We are strictly point to point carrier. We shall not be responsible to you for any connecting ferry, ground transport, flight, accommodation or any other mode of transport. We shall not be liable to you for your failure to meet any connecting transportation.
    b.   Infants: The fees for infants between thirty (30) days old to under the age of two (2) – 24 months years old (on the date of travel for the first outbound ferry) are provided for in the Fee Schedule. An infant may travel provided he sits on an adult’s lap. Only one (1) infant is allowed for one (1) adult. No perambulators are allowed on board the ferry. The number of infants is limited per ferry due to safety regulations and as such, there may be a possibility that we may not be able to accommodate your request to carry infants with you.
    c.   Government Taxes, Charges and Insurance Surcharge: Any government taxes, charges, fees or insurance surcharge imposed on ferry by the Government, relevant authority or the jetty or port operator in respect of your use of any of our services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such government taxes, charges, fees and insurance charges imposed on ferry may change from time to time and can be imposed even after the date that your booking has been confirmed. You shall nevertheless bear such government taxes, charges, fees or insurance surcharge as and when they fall due prior to departure. Please refer to our Fee Schedule for amounts on taxes, charges, fees and insurance Surcharge.
    d.   Currency: Unless otherwise stated specifically, all transaction shall be in Ringgit Malaysia (RM).
    e.   Accuracy: All fares, prices, ferry schedules, routes published are correct at the time of publication and are subject to change at any time and from time to time without prior notice
    f.   Applicable Fares: Applicable fares are those published by us or on our behalf, whether electronically or by way of other medium. Fares may exclude administration fees, service charges and other charges unless otherwise specifically stated by us.
  5. Booking of Seat
     
    a.   Confirmation of Booking: The booking of a seat is confirmed after full payment of the fare is made and after we issue you a booking number and/or the itinerary. Once confirmed, the booking cannot be cancelled and payments made are not refundable. Booking through our website has to be done at least 2 hours from the scheduled departure time. 
    b.   Group Bookings: These are governed by specific terms that vary from time to time. Please contact us for further details.
    c.   Ferry Change: Once a booking number has been issued, ferry changes are subject to the following terms: Inside of forty-eight (48) hours prior to the scheduled ferry departure time, no changes are allowed. The charges for ferry change outside of forty-eight (48) hours prior to the scheduled ferry departure time are provided for in the Fee Schedule, subject to the following conditions:
    - If  a lower fare is available, the difference in fares will not be refunded to the passenger;
    - If the new ferry booked is in a higher fare class than that of the cancelled booked ferry, the difference in fares shall be paid by the passenger before the cancellation or change can be made;
    - The change is not confirmed until we issue you a new Itinerary and/or booking number
    - Changes on route(s) are not allowed.
    d.   Promotional Fares: Promotional fares are subject to availability and are subject to change without prior notice.
    e.   Name Change:Once a booking number has been issued, you are not allowed to substitute the passenger named in the confirmed booking with another passenger’s name.
    f.   Payment:Fares must be paid full when a booking is made. In the event that the fare has not been paid in full for any reason whatsoever, we reserve the right to cancel the booking prior to check-in and/or to disallow you to board the ferry.
    g.   Personal Data: You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for the carriage and providing you with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and marine authority entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you. For these purposes, by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above.
    h.   Seating:Seats are allocated upon request or you agree to accept any seat that may be allotted or is otherwise made available on the ferry. We reserve the right to assign or reassign seats at any time, including after boarding of the ferry. This may be necessary for the operational, safety, government regulatory, and health or security reasons. 
    i.   On ferry product:The provision of ferry products including drinks, food etc., services or advertised programmes is subject to availability. The mentioned above are non-refundable and non-transferrable once purchased. We reserve the right, without prior notice, to amend/change the prices, substitute any component with an item similar value subject to availability.
    j.   Travel insurance:We do not cover any insurance; we recommend that you purchase a travel insurance to cover for changes in travel plans and travel cancellation, loss, delay or damage to baggage and or personal belongings or possessions, medical cost incurred including charges imposed by paramedics in cases of emergencies at ports of departure and arrival.
  6. Boarding and other requirements of carriage
     
    1.   Boarding and Conditions: Our boarding close twenty (20) minutes before the scheduled ferry departure time, and it may vary at different ports/jetty and for particular ferry. It is your responsibility to ensure that you comply with these deadlines particulars of which will be available at the time you make your booking. In any event, without derogating from the generality of other provisions of these terms & condition governing the right of refusal of carriage, we reserve the right not to allow you to board in without any liability to you and without having to refund to you any fare paid:
    a.   If you fail to board with within twenty (20) minutes before the scheduled ferry departure time.
    b.   If you fail to have proper identification or fail to identify yourself to our staff;
    c.   If you have not fully paid any fare or other fees or charges due to us;
    d.   If in our opinion that you have been violent to our staff or caused disturbance at our counter or have abused our staff or any other passengers whether physically or verbally;
    e.   If the Government or other authorities prohibits you to board the ferry;
    f.   If in our judgement, you are not fit to travel due to drunkenness or any obvious adverse medical condition;
    g.   If in our judgement, you are not medically fit to travel or your medical condition poses or could pose a danger or treat to the health of other passengers.
  7. Unavailability of seat: There is a chance a seat may not be available for you even if your booking is confirmed. In the event of such unavailability of eat, we shall at our option, either;
     
    a.   Carry you at the earliest opportunity on another of our schedule services on which space is available without additional charges and, where necessary, extend the validity of your booking; 
    b.   Should you choose to travel at another time, retain the value of your fare in a credit account for your future travel provided that you must re-book within three (3) months therefrom.
  8. No show: You must be present at the boarding gate not later than the time specified by us. Failing to board the ferry by the time, the fare you paid will not be refunded to you for any reason whatsoever.
  9. Complian: You are solely responsible for complying with all laws, regulations, orders, demands and requirements of Malaysia, and with our Terms & Conditions, notices and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, order, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.
  10. Document Advisory: Adults are required to produce their original valid identity cards for Malaysian or passports issued only from their countries of issuance for verification from our staff before allowed to be allowed on board. Children under the age of 12 shall be allowed to board by producing the original birth certificates or identity cards.
  11. Passenger Responsible for Fines, Detention Costs, Medical Costs etc.: If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements, or administering any medical care including paramedic services in cases of emergencies, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possessions. 
  12. Right of refuse carriage: We may refuse carriage of you or your baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:
     
    a.   Such action is necessary for reasons of safety or security;
    b.   Such action is necessary in order to comply with any applicable laws, regulations or orders of any state or authority.
    c.   Your conduct, status, age or mental or physical condition or the physical condition of your baggage is as to cause reasonable fear of harm, to other passengers or to our crew; or that you may pose a hazard or risk to yourself, other persons or to our ferry.
    d.   You have not observed, or are likely to fail to observe, our instruction;
    e.   The applicable fare or any charges or taxes payable have not been paid;
    f.   The payment of your fare is fraudulent;
    g.   The payment of your fare is fraudulent;
    h.   The booking has been done fraudulently or unlawfully or has been purchased from a person not authorized y us;
    i.   The credit card by which you paid for the fare has been reported lost or stolen;
    j.   The itinerary or booking or Electronic Ticket is counterfeit or fraudulently obtained;
    k.   The itinerary has been altered by anyone other than us or our authorized agent, or has been mutilated (in which case we reserve the right to retain such documentation); and/or;
    l.   The person boarding cannot prove that he is the person named as the passenger on the itinerary (we reserve the right to retain such itinerary)
  13. Unaccompanied Child: Children below age 12 will not be accepted for carriage unless they are accompanied by a person of at least 18 years of age.
  14. Passenger with reduced mobility / Orang Kurang Upaya (OKU): For safety reason our ferry can carry a maximum of 4 passengers per trip who has reduced mobility. We may require the passenger to travel with a companion. Unless otherwise determined by us, passengers with a medical condition / illness are required to produce a valid medical certificate dated no more than 7 days from the date of travel and sign a Limited Liability Statement upon boarding in confirming that they are fit to travel. For the safety of other passengers we reserve the right to deny boarding passengers suffering from infectious, contagious or chronic diseases at our sole discretion. We do not provide special assistance to passengers with medical conditions / illness and wheelchair service
  15. Seating: We will make reasonable seating accommodations for Passengers with specific requirements in accordance with applicable laws. We reserve the right to re-assign seats at any time, including after boarding of the ferry. This may be necessary for operational, safety, government regulatory, and health or security reasons.
  16. Pregnant Passengers: It is the duty of pregnant passengers to advise us of the progress of their pregnancy at the point 30 minutes before boarding to the ferry. Our carriages of pregnant passengers are subject to the following conditions:
     
    a.   Pregnancy up to 27 weeks (inclusive): Guest must sign the Limited Liability Statement at the time 30 minutes before boarding to absolve us against any liabilities arising there from;
    b.   Pregnancy between 28 weeks to 34 weeks (inclusive) is required to submit an approved doctor’s medical certificate required. 
    c.   Pregnancy 35 weeks and above are not permitted to board our ferry.
  17. Infants 30 days and / or below: We reserve the right not to carry infants thirty (30) days-old and/ or below. We may in our absolute discretion decide to carry such infants on our ferry when such carriage is expressly sanctioned in writing by a medical practitioner and when the parent of the infant signs a Limited Liability Statement.
  18. Baggage: Passengers (except infants) are allowed one (1) items of baggage to be carried on board. The cabin bag shall not exceed the dimensions of 56cm x 36cm x 23cm and must not weight more than 7kg. The cabin bag must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size of an offensive nature will not be permitted on board. For health safety and security reason, we only accept /allow 1 piece of luggage and a piece of handbag or a laptop computer bag. Baby buggies, manual wheelchairs, mobility device and walking frames are carried free of charge. Maximum allowance for mobility devices, wheelchair and buggy will be 35kg.
  19. Items Unacceptable as Baggage or to be carried inside baggageWe reserve the right to refuse carriage of such baggage or such items found in baggage as follows:
     
    a.   Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;
    b.   Items which are likely to endanger the ferry or persons or property on board and/or defined as dangerous goods in our opinion;
    c.   Carriage of which are prohibited by the applicable laws, regulations or orders of any state or local authority;
    d.   Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;
    e.   Fragile or perishable items;
    f.   Live or dead animals;
    g.   Human or animal remains;
    h.   Fresh or frozen seafood or other meats provided that such items may be carried on board as hand luggage only if we are satisfied that they have been properly packed;
    i.   Firearms and ammunitions, knifes or any other sharp and heavy object that would potentially harm other passenger on board;
    j.   Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinner, solvents) flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium) corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches), electronic cigarettes.
    k.   Weapons such as antique firearms, swords, knives and similar items;
  20. Valuable and Fragile Goods:  Passengers agree that all items bring on board will be at their own risk. Such item include money, jewellery, precious metals, silverware, electronic  devices, computer, glass, cameras, video equipment, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artefacts, manuscripts and etc.
  21. Right to search:  For reasons of safety and security, we may require to undergo a search, manually or other type of scan on your person or your baggage. We reserve the right to search your baggage in your absence if you are not available, for the purpose of determining whether your baggage contains any unacceptable items. If you refuse to comply with such searches or scans we reserve the right to refuse carriage of you and your baggage without refund of fare to you and without any other liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our fault or negligence. We will not be liable for locks damaged due to customs or security inspection.
  22. Collection of Baggage:  You shall collect your Baggage as soon as it reaches your designated location. If you do not collect it within a reasonable time, we may dispose of it without any liability to you. Baggage without identification may be dispose without liability to you.
  23. Schedule:  We will use our best efforts to avoid delay in carrying you and your baggage. We will endeavour to adhere to published schedules in effect on the date of travel. However, time shown in timetables, schedules or elsewhere are subject to change at any time and from time to time. We are not liable in any way whatsoever for any loss incurred by passengers as a result of such change.
  24. Cancellation, Changes of Schedule: At any time after a booking has been made changes, cancellations, diversions, postponements, reschedules and/or delays of any ferry may occur due to circumstances beyond our control or for reasons of safety or commercial reasons. In the event of such ferry cancellation, we shall at our discretion, either:
     
    a.   Carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charges and, where necessary, extend the validity of your booking; or
    b.   Retain the value of your fare in a credit account for your future travel if you choose to travel at another time, provided that you must re-book within ninety (90) days therefrom.
    c.   Refund the value to your bank account or credit or debit card if you choose not to proceed with your trip due to a ferry cancellation and/or rescheduling that occurs three (3) hours or more before or after the original scheduled departure time. For avoidance of doubt, no refund will be issued when a ferry is delayed, cancelled and/or rescheduled at the jetty on the day of departure for which you may not have been accepted on the ferry.
  25. Conduct aboard ferry: If in our reasonable opinion you conduct yourself on board the ferry so as to endanger the ferry or any passenger or property on board, or obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew including but not limited to smoking in any form including E-cigarettes, alcohol, or use any threatening, abusive or insulting words towards the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers of the crew, we may take such measures as we deem necessary to prevent continuation of such conduct including restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the ferry. If as a result of your conduct, in exercise of our reasonable discretion, to divert the ferry for the purpose of offloading you, then you shall be liable for all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.
  26. On-board meals: Our fares are not inclusive of complimentary on-board meals and beverages. To respect all cultures and religious beliefs we do not allow outside food onto the ferry.
  27. Smoking: No smoking in any form including e-cigarettes is permitted on any of our ferry.
  28. Non-perishable items: Non-perishable items such as chocolates, biscuits and crisps are NOT allowed to be consumed on-board.
  29. Fruits: Fruits are allowed on board except durian, jackfruit and any other pungent-smelling fruits.
  30. Liability Limitations, Time Limitation, Claims and Actions:
     
    a.   We will not be liable for any Damage arising from our compliance with the applicable laws or Government rules and regulations or from your failure to comply with the same.
    b.   We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, include our property.
    c.   We shall not be liable to your baggage and or fragile or perishable item, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, title deeds or samples.
    d.   We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition.
    e.   This contract of carriage and these Terms and Conditions and exclusions or limits of liability, applies to our authorized agents, servants, employees and representatives to the same apply to us. 
  31. Limitation of actions: Any right to damages shall be extinguished if an action is not brought against us within two (2) years of the date of departure. 
  32. Modification and Waiver: None of our agents, employees or representatives has authority to alter, modify or waive any provisions of these Terms & Conditions.