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NOTICE: Service unavailable Sunday 24th May 15:45 from Lymington

Terms and Conditions

Please read the following important terms and conditions (‘T&Cs’) before you buy from our Website (as defined below) and check that you agree with the terms set out and that there exists no terms which you are not willing to agree to.

If you have any questions about these terms and conditions please contact us on 01983 245645 or by using the ‘contact us’ form set out on our website.

Where to find information about us and our service

You can find everything you need to know about us, Quay 2 Quay, and our service on our website www.quay2quay.co.uk or from customer service before you order. We also confirm the key information to you in writing, by email, after you order.

Your contract with us for our service

We agree to provide you with our Ferry service on the basis of a contract between you and us which comes into force when:

  1. you buy a ticket from us;
  2. you make a booking with us; or
  3. anyone does any of the above for you on your behalf.

The contract consists of:

  1. your ticket and/or booking;
  2. any conditions applicable to your ticket or booking which are found on our website or made available to you from our ticket office and our staff;
  3. any conditions relating to promotional or discounted offers or prices contained on our website or referred to in any marketing or advertising material we may issue or which is otherwise made available to you from our ticket office and staff;
  4. these terms and conditions.

To the extent there is any conflict between any of the documents listed above, the documents will apply in favour of each other in the order which they are set.

These terms and conditions may be modified, amended or replaced by us at any time and the version published on our website shall supersede any previous versions.

When you make your booking or purchase one or more tickets, you agree to these terms and conditions and any additional conditions in the documents listed above which apply to the contract. You agree that your acceptance is given on behalf of yourself and on behalf of any person on whose behalf you are purchasing a ticket or making a booking.

You warrant to us that you have the authority to enter into this contract on behalf of whom you are purchasing a ticket (if applicable) and you agree to ensure that they be notified and comply with these terms and conditions.

If you travel using a ticket purchased or under a booking made on your behalf by another person, you acknowledge and agree that you accept that the provisions of our services and facilities is governed by a contract between you and us as set out in these terms and conditions.

You acknowledge and agree that we are not a ‘common carrier’ (someone who must take any passenger who offers the right payment).

You agree that the contract is subject to the laws of England and any claim or dispute under it will be subject to the exclusive jurisdiction of the English courts.

Tickets and bookings

Our ticket pricing may vary depending on the route, ticket or booking type, travel dates, time of departure and availability. Details of our prices are available on our website https://quay2quay.co.uk/fares/

Tickets for our Ferry service can be purchased via our website or at our ticket office (if available). Bookings are subject to availability, and we shall not have any obligation to accept any booking or order if there is no available space on the trip related to such booking or order. An email address is required when purchasing a ticket with us.

Some of our ticket types (such as student, senior or family and group tickets) are available with a discounted price for passengers who qualify for the discount. If you wish to purchase one of these tickets we may ask you to provide satisfactory evidence that you qualify for the discount when you make your booking or purchase a ticket and when you board the trip. If you cannot provide evidence when requested we shall be under no obligation to accept your booking, issue your ticket or to allow you to board the trip.

If you are a disabled person or a person with reduced mobility you have the right to assistance, and we will make all reasonable efforts to assist. You will need to notify us at the time of your booking or at least 48 hours before any assistance is required. If you notify us less than 48 hours before we will endeavour to make all reasonable efforts to provide the assistance however, this cannot be guaranteed. Please note that we do not have a wheelchair accessible toilet aboard our ferry.

If the process of a passenger boarding is deemed unsafe due to additional needs that it is not possible to adjust for, the Master may refuse carriage on the grounds of safety and a refund issued.

All persons boarding and disembarking will need to have sufficient independent mobility to navigate a wooden slatted bridge and 7 steps at Yarmouth and a stepped gangway which may have an incline of 30 degrees at most on low tide. At Lymington, a wooden pontoon and a small metal ramp provides access. Onboard the vessel, passengers will need to navigate 9 steps between the upper and lower decks. Access from Yarmouth is to the Upper Deck and Lymington to the Lower Deck.

Bookings are personal to you and are not transferable to other persons unless agreed by us.

Cancellations and Refunds

After you have purchased a ticket or made a booking with us you have the right to cancel no later than 24 hours before the scheduled time of the booked trip.

If you wish to make any amendments to your ticket or booking contact our ticket office at 01983 245645 or via email to helpdesk@quay2quay.co.uk who can assist with this, subject to availability. Depending on the circumstances of the amended ticket or booking we may at our discretion charge you an administrative fee.

If you miss your scheduled trip or fail to board the Ferry your ticket will still be valid but you will have to notify us which trip you will be using which will be subject to availability.

If we charge you any administrative fee or cancellation fee or additional price of any description, we shall require payment at the time it is incurred.

You will not be entitled to a refund of your ticket in the event a trip is cancelled if the reason for the cancellation is an event beyond our control.

We reserve the right to levy any additional charge where payments are made by credit card.

Passenger conduct

We may refuse to allow any child under the age of 12 to travel on one of our trips unless accompanied by a passenger aged 18 or over (a responsible adult).

We may refuse any passenger to bring with them a pet or bicycle if you have not added either when purchasing your ticket or making a booking. A clean-up fee of £50 will be applied for any pet fouling on the Ferry or at our premises.

Bookings are only held until 3 minutes before departure, therefore if you arrive late for your booking it is possible your booking will be lost to another passenger.

We may refuse to allow you to board a trip if we find that you have not followed the guidance set out on our website or otherwise communicated to you.

In the event, in our reasonable opinion, any passenger appears to be likely to cause discomfort or disturbance to other passengers or to our staff or poses a threat to the safety or security of the trip, our premises or other passengers or our staff, we may refuse such passenger to board the Ferry and require that passenger to vacate our premises. If that passenger is already aboard a Ferry, we may restrict the movements of that passenger while onboard and require that passenger to disembark as soon as reasonably possible.

We will not be obliged to waive or refund the cost of your ticket or to reimburse you for any other costs or losses in these circumstances.

Changes to timetable

We will do all we reasonably can to make sure that our trips run as advertised and on the planned routes. However, we may need to change the route, delay or bring forward the departure or arrival time of a trip or cancel a trip for the safety, security and convenience of our passengers, for operational reasons or as a result of events beyond our control.

In these circumstances we will do our best to notify you of any changes as soon as reasonably practical.

Lost or abandoned property

Any luggage or property which reasonably appears to us to have been lost or abandoned at our premises or on board any of our trips:

  1. may be moved or removed and if necessary dismantled, disassembled or broken up by us in order to move or remove them from any ferry or from our premises;
  2. may be sold or otherwise disposed of by us at our discretion, proceeds of any sale will be donated to charity, if it is not claimed within 12 weeks of being found or handed in to us; or
  3. if we reasonably consider that they may cause damage, injury or inconvenience, we may destroy or dispose of it at any time.

We reserve the right to ask any person making a claim for any lost luggage or property to provide reasonable evidence of ownership.

Security and Searches

For the safety of all passengers, staff and crew of our ferry service, you must comply with all lawful instructions and directions given by our staff and crew while you are on our premises, when you are boarding and disembarking a ferry and while you are on board.

Bikes, e-scooters, e-bikes, wheelchairs and prams will need to be carried on and off the vessel by the user or their assistant, including the gangway and any steps at the harbour side. These items should be collapsed by the user (where appropriate) and stowed as directed by the crew, with the brake(s) firmly applied. Bicycles should be stowed at the designated cycle spots.

Mobility scooters and specially adapted wheelchairs unfortunately cannot be carried due to the steps involved at the harbour and the gangway.

If we reasonably consider that any property brought onto our premises or brought onboard any of our trips by you is (or are) likely to cause:

  1. any damage to our premises, any ferry or any of our equipment or facilities;
  2. any damage to any other property;
  3. any obstruction or delay to the trip, to passengers or to our staff or crew; or
  4. any injury to anyone;

we may (without notice) use reasonable force to remove or disembark such property. In these circumstances we shall have no liability to compensate you for any resulting loss or damage.

We do not allow Dangerous Goods (as defined by the International Maritime Dangerous Goods Code) on board our ferry. If you are found to have any Dangerous Goods we reserve the right to refuse your entry on our ferry.

You and all baggage and property you bring onto our premises or onto any trips may be subject to a search.

We may require you to vacate our premises or to disembark from any trip at the earliest opportunity and to remove from our premises or (at the earliest opportunity) from any trip, any baggage or property if you refuse to allow any search. In these circumstances we shall have no liability to compensate you for any resulting loss and we will have no obligation to waive or provide any refund of any prices or fees paid or payable by you.

Your liability and our liability

Carriage of Passenger Property such as bikes, scooters, pets, prams, buggies, luggage and other personal effects are at the owners own risk as we will not accept liability for any loss or damage.

Nothing in the contract shall limit or exclude our liability for death or personal injury caused by our own negligence, or the negligence of our employees.

Nothing in the contract shall limit or exclude our liability for:

  1. fraud or fraudulent misrepresentation; or
  2. any other liability which cannot be limited or excluded by applicable law.

If you are a business the following apply:

  1. We shall not be liable to you whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, loss of anticipated savings, loss of damage to goodwill, loss of data or for any indirect or consequential loss arising under or in connection with the contract.
  2. Subject to the other conditions set out in this section, our total liability to you whether in contact, tort (including negligence), breach of statutory duty or otherwise arising under or in connection with the contract shall be limited to £300,000.

Subject to the above, we shall not be liable for the performance or the prompt performance of our obligations under the contract if prevented or affected by any events beyond our control.

You shall be liable for any loss, damage or delay which we or any third party suffers and for any personal injury or death to any persons caused or inflicted by your property.

Our liability for death or personal injury and the loss of or damage to your property (including any valuables) which occurs in the course of carriage by us will (in most circumstances) be limited when specific regulation applies.

None of our employees shall in any circumstances be under any liability to you for any loss, damage or delay arising directly or indirectly from any act or omission on their part while acting in the course of their employment or engagement by us and every right, exemption, limitation, condition, defence and immunity which applies to us shall in addition, apply for the benefit of our employees. For these purposes, we shall be regarded as acting as agent or trustee for our employees, agents, independent contractors and subcontractors.

General

No failure by us to enforce or rely upon any provisions or part provisions of our contract with you shall be construed as a waiver or shall affect our right to enforce any other provisions or part provisions.

If any of the provisions in our contract with you shall become or be declared invalid or unenforceable by any tribunal or court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions, all of which shall remain in full force and effect.

We may subcontract with any other person at our absolute discretion to provide any of the services and fulfil any of our obligations under our contract with you.

Definitions of words and expressions used in the T&Cs

Booking, book, booked: a booking is a reservation for one or more passengers to travel on one or more of our trips;

Contract: a contract between you and us for our ferry service which incorporates these terms and conditions;

Events beyond our control: any event beyond our reasonable control which will include:

  1. Acts of God, natural disaster, viral outbreak, epidemic, adverse weather conditions, flood, fire or explosions, civil disorder, obstruction to navigation, damage or obstruction to any of our premises, systems or equipment (including any ferry), damage or obstruction to any premises, systems or equipment at any port, any failure of any systems or equipment at any port, labour or trade disputes, terrorist activities, war, any act or omission of government or any other public authority (including law enforcement agencies and any coast agency) or any port authority, harbour pilot or harbour master or port operator; and
  2. In respect of any passenger property, any handling, loading, stowage or unloading of the property by you exposing them to total or partial loss or damage through breakage, salt or fresh water damage, rust, decay, desiccation, leakage, wastage, inherent or latent defect;
  3. Actions of any passenger including their neglect or default or breach of failure to comply with any provision of their contract with us;

Ferry: any catamaran, ship or other vessel operated by us on any trip;

Terms and conditions: these terms and conditions;

Passenger property: property, baggage, equipment and other goods including but not limited to:

  1. any sporting equipment;
  2. any live animals;
  3. any non-motorised cycle (such as a bicycle);
  4. any type of e-scooter;
  5. any type of pram;
  6. any wheelchair or other mobility aid, invalid carriage or mobility scooter; and
  7. any medical equipment;

Online booking facilities: our online booking facilities which we make available on our website;

Passenger: means any person (other than a member of our staff or crew) who:

  1. travels on one of our trips;
  2. holds a ticket for one of our trips; or
  3. is booked to travel on one of our trips;

Person: any natural person and any company or other incorporated or unincorporated body;

Port: any port or harbour to (or from) which our Ferry operate;

Premises: any premises owned, operated or occupied by us including our offices, any passenger lounge or ticket office and any dockside facilities and any dock, pontoon, ramps, gangways and other boarding or loading equipment or facilities;

Price: our fees and charges for travel on a trip;

Regulations: means any instructions, rules, regulations, guidelines, policies and procedures issued by us which are applicable to tickets, bookings, trips, passengers and passenger property and shall include the information relating to this contract as published on our website from time to time.

Route: a route between two ports upon which we operate a ferry;

Trip: a sailing of a ferry on a route;

Ticket: a ticket we issue by E-mail or electronically to passengers which entitles one or more passengers to travel on one or more trips and which may include all or any of the following information:

  1. your details;
  2. type of ticket or booking (for example single or 7-day return);
  3. the number of additional passengers (if any) included on your ticket or in your booking;
  4. the routes and times of the trip included on your ticket or in your booking;
  5. the latest time for check-in for the sailing and any special boarding instructions or requirements;
  6. details of our prices for your ticket or booking;
  7. any other special conditions or special requirements applicable to your ticket or booking or to any of the passengers or goods included on your ticket or in your booking; and

‘ticket’ may include tickets (such as 3-month season or Sightseeing/Needles tickets) which allow passengers to book travel on (or to board) multiple trips on one or more routes (according to ticket type) subject to availability on any particular trip;

Website: means our website which is available at https://quay2quay.co.uk/;

Quay 2 Quay, we, us, our: means Quay 2 Quay Ltd whose registered office is at 27 Furnival Street, London EC4A 1JQ.

References in these terms and conditions to ‘you’ and ‘your’ are references to a passenger and will include any other person who purchases a ticket or makes a booking for or on behalf of any passenger;

Any words following the terms including, include, in particular, for example, such as or any similar expression are intended to be illustrative and shall not limit the sense of the words, which follow them.

Any specific terms related to our approach for passengers as set out in these terms and conditions or otherwise on our website has been accepted by the Maritime & Coastguard Agency as the regulatory authority for passenger rights.