BLACK BALL FERRY LINE TERMS AND CONDITIONS
Please read these terms and conditions carefully as they constitute the complete and legally binding agreement between you, the passenger, and Black Ball Ferry Line as to the subject matter discussed below.
Please pay particular attention to Paragraphs 3 and 4 of Section II, as they include limitations on our liability and your right to sue.
SECTION I: RESERVATIONS AND FINANCIALS TRANSACTIONS
1. At the time your reservation is booked, we charge your credit card in US Funds as follows:
a) For a vehicle reservation only, we charge only a reservation fee. It is separate from your ferry fare, and NOT a deposit against it. You will need to pay for your ferry tickets when you arrive at the terminal of departure. The ferry fares quoted in your reservation confirmation are ESTIMATED FARES ONLY, and subject to change by the time of departure.
b) For a foot passenger reservation only, we charge the actual cost of your ferry tickets, with no reservation fee.
c) For a vehicle reservation with a hotel (or hotel and attraction(s)), we collect the full payment amount, including the ferry reservation fee (when applicable), ferry tickets, and the cost of your hotel and attraction(s), if selected.
d) For a foot passenger reservation with a hotel (or hotel and attraction(s)), we collect the full payment amount including, ferry tickets, the cost of your hotel and attraction(s), if selected.
PLEASE NOTE: IN THE CASE WHERE YOU HAVE PRE-PAID FOR YOUR FERRY TICKETS, If you arrive at our ferry terminal with a vehicle type and/or number of passengers that results in a ticket cost greater than that for which you reserved, provided we are still able to honor your reservation, you will be liable for payment of the increased ticket cost prior to boarding the vessel.
2. Vehicle reservations not claimed at least 60 minutes ahead are subject to forfeiture, and the reservation fee will not be refunded. For foot passenger reservations, we ask that you arrive at least 20 minutes prior to departure.
3. We accept payment as follows:
Port Angeles terminal:
Cash payments: US Funds and Canadian Funds
Credit card payments: US Funds only
In our ferry’s Coffee Shop, Gift Shop and Duty Free Shop:
Cash payments: US Funds and Canadian Funds
Credit card payments: US Funds only
At our ferry’s tour sales desk
Cash payments: None
Credit card payments: US Funds only
Cash payments: US Funds and Canadian Funds
Credit card payments: US Funds and Canadian Funds
Credit card payments: US Funds only
FOREIGN EXCHANGE DISCLAIMERS:
If you pay for anything in Canadian Funds, US$ prices will be converted to their Canadian Dollar equivalent using an exchange premium that covers our cost of handling foreign currency.
If you purchase one of our products or services and pay in US Funds using a Non-US$ credit card, please be advised that your credit card company will convert the US$ purchase at an exchange rate of its choosing and charge you in your local currency accordingly on your credit card statement. Black Ball Ferry Line will not be held responsible for any adverse financial impact you may incur due to your credit card company’s selection of exchange rate. If you subsequently request and receive a refund from Black Ball Ferry Line, we will make the refund in US$, which your credit card company will convert at an exchange rate of its choosing and credit you in your local currency accordingly on your credit card statement. Black Ball Ferry Line will not be held responsible for any financial loss you may incur in your local currency due to fluctuations in the exchange rate between the time of the original sale and the time of the refund. Black Ball Ferry Line will also not be held responsible for any financial loss you may incur in your local currency due to the fact that your credit card company is acting as a de facto foreign exchange kiosk, and as such will be converting your US$ purchase to your local currency using a “sell” rate at the time of original purchase (because it is “selling” you US$ in order to pay Black Ball Ferry Line) and will be converting your US$ refund to your local currency using a “buy” rate at the time of the refund (because it is “buying” the US$ refund that you receive from Black Ball Ferry Line in order to credit you back in your local currency). Additionally, Black Ball Ferry Line will not be held responsible for any financial loss you may incur due to any transaction fees your credit card company may charge you for the performance of foreign exchange services.
4. Our refund policy is as follows:
a) The reservation fee is NON-REFUNDABLE, unless we cancel your sailing and are unable to place you on a subsequent sailing.
b) The cost of unused ferry tickets is refundable without penalty.
c) Any reservation including a hotel and/or attraction will incur a minimum $16 cancellation penalty. The remaining hotel and attraction costs are refundable IF THE CANCELLATION IS MADE AT LEAST 7 DAYS PRIOR TO YOUR STAY. Cancellations past this deadline may result in 100% forfeiture of the full payment amount, depending on the individual hotel or attraction’s refund policy.
There will be no exceptions to our above-stated refund policies, except as provided for in item 8. Additionally, we cannot make refunds to individuals denied entry into Canada for any reason by Canadian Customs or Immigration authorities. Black Ball Ferry Line cannot be held responsible in any way for individuals who do not hold the necessary documentation to enter a country, or individuals who have any prior felony convictions that may prevent entry into Canada (please note, according to Canadian law, a DUI is considered a felony).
5. Our change policy is as follows:
a) Ferry reservations: provided space is available on the sailing(s) you wish to transfer to, we will allow one change to your reservation without charge. After that, you will need to cancel your reservation (subject to the provisions of item 2) and make a new one.
b) Changes or additions to a hotel or activity reservation are subject to availability, and will incur a $10 change fee, as well as any applicable charges based on price differences between newly-reserved items and the originally-reserved items. We reserve the right to refuse hotel and activity change requests made less than seven days prior to arrival.
6. Pictures on our web site are representative samples. The actual hotel room that you stay in may differ slightly from the picture on our site. Black Ball Ferry Line will not be held liable for such differences, nor will it be held liable for images being unavailable.
7. As part of the reservation process, you agree to let us furnish some or all of the following personal information of yours as necessary to the hotel or attraction to secure the reservation: your name, phone number, address, number of people in your party, and ages of any children. You also agree to let us furnish your date of birth, citizenship, and identifying document information to United States and/or Canadian Customs and Immigration authorities.
8. In the unlikely event that overbooking of a hotel or attraction renders us unable to honor your reservation as originally submitted, our liability shall be limited to one of the following two remedies:
a) Substitution of the overbooked hotel or attraction with a comparable product of equal or greater value. In the case of an attraction, a simple re-scheduling may be all that is required.
b) Cancellation of the reservation and 100% refund of all monies collected in payment for the affected reservation.
9. As part of the reservation process, unless explicitly stated otherwise, the hotel and attraction fees we collect from you cover only the following items:
a) Your hotel room basic cost and extra person(s) cost, if applicable.
b) The basic admission cost of your attraction(s), if selected.
You agree to be held responsible for the added cost at the time of your stay of any incidentals, which include, but are not limited to, such items as room service, restaurant, long distance phone calls, video rentals, parking etc.
10. Vehicle reservations will be honored only for the specific sailing you reserve and the valid type and length of your vehicle. If the actual length of your vehicle exceeds the reserved length by more than 5 feet, it may not be possible to honor your reservation.
SECTION II: GENERAL
1. Rates. Black Ball Ferry Line’s rates and sailing schedules are subject to change without notice.
2. Travel Documents. Black Ball Ferry Line cannot be held responsible in any way for individuals who do not hold the necessary documentation to enter a country. For more detailed information contact the consulate general or immigration services of the country you are entering. Also, for Canadian Immigration information, please visit www.cic.gc.ca and for U.S. Immigration information, please visit www.cbp.gov on the web.
3. Limitation of Liability.
a) Black Ball Ferry Line shall not be responsible or liable in any way for injury, death, illness, or delay, or loss, damage or delay of passengers’ property, or any other damage or loss caused by or arising from events outside of Black Ball Ferry Line’s reasonable control and not shown to be caused by Black Ball Ferry Line’s negligence or willful fault.
b) Events outside of Black Ball Ferry Line’s reasonable control, for which it shall have no liability, include, but are not limited to, acts of God, lockouts, fire, defect or unseaworthiness in machinery, hull or equipment, errors in navigation of this or any other vessel, acts of State, restraint or requisition, theft, perils of the sea, seizure of vessel under legal process, collision or stranding, barratry, act of public enemy, piracy, inherent defect, quality or vice of passengers’ property, labor unrest, strikes, riots, explosions, inability to secure or failure of supplies, or civil disturbances of any nature. No warranty or undertaking is given or implied respecting the fitness or condition of the vessel, its appurtenances, appliances, and fixtures, other goods or items on board the vessel, or with respect to the accommodations, service or food. ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WARRANTIES OF FITNESS AND MERCHANTABILITY.
c) Black Ball Ferry Line shall not be liable for any claims of emotional distress, mental suffering, or psychological injury unless it is: (a) intentionally inflicted by Black Ball Ferry Line; (b) the result of physical injury to the claimant caused by Black Ball Ferry Line’s negligence; or (c) the result of the claimant having been at actual risk of physical injury, and the risk was caused by the negligence of Black Ball Ferry Line.
4. Notice of Claims; Time to Sue.
a) Black Ball Ferry Line shall not be liable for any claim for loss of life or bodily injury occurring to a passenger unless a written claim is filed with Black Ball Ferry Line within one hundred and eighty (180) days after the date of injury or death. Black Ball Ferry Line shall be discharged from all liability in respect to any such claim unless suit thereon is commenced against Black Ball Ferry Line within one (1) year after the date of injury or death.
b) For all other claims, including, without limitation, claims for loss or damage to baggage or personal property, breach of contract, or any other claim, Black Ball Ferry Line shall not be liable unless such claim is made in writing and lodged with Black Ball Ferry Line as provided herein within thirty (30) days after the conclusion of your voyage, and a lawsuit for such claim is commenced within six months after the conclusion of your voyage.
5. Acknowledgement of Risks. There are certain unavoidable risks to passengers and their property associated with being aboard a vessel. These include, but are not limited to, rough and unpredictable weather and seas; collisions of ships or other vehicles; illnesses caused by consumption of food and beverages; slip and fall due to the motion of the sea or other causes; lack of access to medical services; civil unrest or terrorism; evacuation of the vessel in an emergency; unpredictable behavior of animals in the wild; and breakdown of equipment. You warrant that you and any passengers for whom you are responsible are fit to travel aboard the vessel, and you agree to assume all the risks associated with sea travel.
6. Indemnification. You agree to reimburse and indemnify Black Ball Ferry Line for any damages, liabilities, losses, penalties, fines, charges or expenses of any nature whatsoever caused by you or imposed upon Black Ball Ferry Line as a result of any act, omission or violation of law or this agreement by you or any minor or other passenger in your care.
7. No Passengers on Vehicle Deck. Per the Code of Federal Regulations Title 33 part 104, ferry passengers are prohibited on the vehicle deck during crossing unless accompanied by a crewmember.
8. No Liability for Items Left in Vehicles. Black Ball Ferry Line will not assume responsibility or liability for articles left in vehicles and under no circumstances will Black Ball Ferry Line be liable for theft from the person or baggage of a passenger or pilferage or theft from any vehicle on Black Ball Ferry Line’s vessels or terminals.
9. No Liability for Transfers. Black Ball Ferry Line shall neither furnish nor be liable for care or maintenance of passengers at point of transfer to or from connecting lines of service.
10. No Liability for Independent Contractors. You may be afforded the opportunity to contract with third parties acting as independent parties for the provision of shipboard personal services and related tour packages. These third parties are expressly acknowledged independent contractors for whose acts or omissions Black Ball Ferry Line neither assumes liability nor shall be held liable. For example, tour operators, hotels, restaurants, and motorcoach operators are not under the control of Black Ball Ferry Line, and Black Ball Ferry Line shall have no responsibility or obligation other than as agent for passengers in engaging or contracting for the provision of such services, subject to the terms of those who actually undertake performance of the service, and whether or not the cost thereof is included in the fare for the voyage.
Should Black Ball Ferry Line arrange emergency medical care or transportation on a passenger’s behalf, such is arranged solely for the convenience of the passenger, and any such person or entity shall not be considered in any respect as the employee or agent of Black Ball Ferry Line, but as an independent contractor, and Black Ball Ferry Line shall not be liable for any act or omission of such persons or entities. The cost or charge for any service provided by any such independent contractor for or on behalf of a passenger shall be the sole responsibility of that passenger.
11. Medical Treatment. Medical facilities are not available aboard Black Ball Ferry Line’s vessel, and there may be circumstances beyond Black Ball Ferry Line’s control that may prevent or delay medical evacuation or disembarkation. Black Ball Ferry Line shall not be liable for any aspect of medical treatment provided to passengers, except as provided under Paragraph 3 of this Section.
12. Failure to Complete Voyage. If, through misfortune, Black Ball Ferry Line’s vessel fails to complete its trip, neither the Master of the vessel nor Black Ball Ferry Line shall be under obligation to forward passengers, baggage or vehicles to final destination, nor to refund all or any part of the passage money paid.
13. Deviation and Cancellation. Black Ball Ferry Line reserves the right to deviate from or to cancel sailing schedules without notice as necessitated by circumstances and conditions beyond its control. In either event, Black Ball Ferry Line assumes no liability for loss, damage or expense which may result therefrom.
14. Movement of Vehicles.
a) If because of dead batteries, flat tires or other physical disability, a motor vehicle cannot be discharged from the vessel under its own power and it is necessary for Black Ball Ferry Line to call an outside towing service to discharge the vehicle, the charge for the service will be for the account of the disabled vehicle and must be paid directly to the towing service company by the vehicle owner. If a towing service is not available and Black Ball Ferry Line undertakes to assist in the discharge of the vehicle by its employees, with or without mechanical devices, Black Ball Ferry Line shall not be liable upon any claim for loss or damage to the vehicle.
b) Black Ball Ferry Line’s employees are not permitted to drive vehicles or wheeled machinery on and off the vessel. When a vehicle owner is unable to promptly drive his or her vehicle on and off the vessel, Black Ball Ferry Line reserves the right to refuse to transport same.
15. Movement of Motorcycles. Because of normal movement of the vessel, motorcycles parked on the vehicle deck are at risk that they may fall over or move and be damaged. Black Ball Ferry Line will not be liable for personal injuries or property damage resulting from motorcycles moving or falling over.
16. Baggage Handling. As a courtesy, we may provide baggage carts for transporting baggage aboard the ferry. You agree to use such carts at your own risk, and any baggage so handled will not be considered as Black Ball Ferry Line’s responsibility.
17. Transportation of Animals.
a) Dogs will be transported entirely at owner’s risk and Black Ball Ferry Line assumes no responsibility or liability for the handling or carriage thereof. Dogs, except for service animals, are not permitted in passenger accommodations, but must be carried in caretaker’s vehicle or be held in his or her arms, or securely under leash by caretaker, at all times in designated area, or in kennels provided by the ship. In the case of objectionable or vicious dogs, passage of such dogs will be refused altogether whenever, in the judgment of the vessel’s officer, such a course is necessary for the convenience and safety of the passengers.
b) Small household pets such as puppies, cats or kittens will be transported on the vessel only at the discretion of the Black Ball Ferry Line and at owner’s risk. Such pets must be carried in a suitable box or crate, on leash, or confined to passenger’s vehicle. Vessel’s officers will designate where they may be carried. No liability whatsoever will be assumed by Black Ball Ferry Line in the transportation of such animals.
18. Right to Refuse Transportation.
a) Black Ball Ferry Line reserves the right to refuse to transport a person who is apparently under the influence of intoxicating liquor or drugs, or whose conduct makes him or her objectionable or dangerous to other passengers or liable to become so.
b) Black Ball Ferry Line reserves the right to refuse to transport a person who refuses to abide by rules and regulations promulgated by the U.S. Coast Guard and/or Black Ball Ferry Line pertaining to the safe and efficient operation of vessels, terminals and traffic.
c) Black Ball Ferry Line reserves the right to refuse any and all articles or vehicles which in its opinion will jeopardize the safe operation of the vessel, or which Black Ball Ferry Line is not equipped to handle. Black Ball Ferry Line also reserves the right to refuse to transport vehicles containing offensive or ill-smelling cargo and liquid or semi-liquid commodities when not in tightly enclosed containers or tanks, precluding possibility of escaping odors or leakage from vehicles to automobile deck floor. Dangerous articles prohibited by law will not be transported.
19. Dangerous and Hazardous Goods.
a) All goods carried on board must comply with the relevant U.S. Coast Guard regulations on dangerous goods. You may not bring on board articles the importation or exportation of which may be forbidden, or which do not conform to the customs or police regulations and laws of any country to which the vessel may go in the course of her voyage or from which the vessel sails. A passenger violating this rule will be held liable for all fines, loss, damage or delay resulting therefrom.
b) You are especially warned not to place in your baggage, or otherwise bring on board the vessel, firearms, flammable matter of any kind, such as matches, gunpowder, cartridges, etc., or any hazardous matters or items, or any illegal items. Such articles may be confiscated or destroyed by Black Ball Ferry Line at any time without liability. Should loss, damage or delay to the vessel, or to any of its guests, the crew or other persons on board, be caused by dangerous articles brought on board by you, you shall be liable for the full amount of all resulting damages.
a) Smoking is not permitted anywhere onboard the ferry.
21. Governing Law. This agreement shall be governed by the federal maritime law of the United States and, to the extent the foregoing is silent or not applicable, by the laws of the State of Washington. The foregoing shall not bar Black Ball Ferry Line from availing itself of treaties and other applicable laws limiting its liability.
22. Forum Selection Clause. All disputes and causes of action arising out of or related in any way to this contract or the carriage by Black Ball Ferry Line of passengers and their property shall be subject to the exclusive jurisdiction of the courts located in Seattle, King County, Washington.
23. Severability. In the event any paragraph, clause or provision of this contract is deemed invalid or illegal in any jurisdiction, such paragraph or provision shall be deemed reformed to the extent necessary to render it enforceable, so long as consistent with the basic purpose of the paragraph, clause, or provision. If the paragraph, clause, or provision is not reformable, it shall be deemed severed from this contract in that jurisdiction only and all remaining provisions shall remain in full force and effect.
24. Notices. Any notice required to be provided to Black Ball Ferry Line under this agreement must be made in writing and sent to the following address:
Black Ball Ferry Line
4209 21st Ave. W., Suite 307
Seattle, WA 98199