Terms & Conditions | Openferry

Terms and Conditions for which apply to Openferry (“Conditions”)

Please read this document carefully, since it affects your legal rights and sets the rules that govern any purchase of services you make from Openferry. If you do not agree with these Conditions, or if you lack the capacity or authority to agree to these Conditions do not browse the Openferry website or install the Openferry app, or otherwise access or use the services offered on the website. If you do access or use the services either on the website or in the app, then you will be considered to have agreed to these Conditions.

1. https://openferry.com (the "website") is a website operated by Droplet Tech Limited (trading as Openferry), a company registered in England and Wales under company number 11622326, with its registered office at 12 Earls Court Gardens, London, SW5 0TD, [with VAT number GB 318566090]. You can download all the functionality available on the website on a mobile device for iOS or Android (the “app”)

2. Depending on the customer's region at time of booking, Open Ferry Limited ("Openferry Ireland") may be a party to these Conditions and is responsible for negotiating and concluding the bookings on behalf of Droplet Tech Limited, and for taking the payment in respect of those bookings.

3. We will use the words “our”, “us”, “we” or “Openferry” to refer to the operator of the website or app and the services that can be accessed from both website and the app.

1. When we use the words “writing” or “written” in these Conditions, this includes emails.
2. You can contact us by writing to us at [support@openferry.com], or by via live chat on the website or app. If we contact you, we shall do so in writing to the email address that you have provided in your account registration, by calling the number which you have provided when using the website or app or via our customer support chat system via the website or app.

1. In order to buy ferry tickets or obtain certain services from us, you do not need to create a user account. However, to access extra features such as saving passenger and vehicle details for future use or storing all trips under one account you will need to first register your details by following the process set out on the website or app. By doing so you will create a user account (“Account”) which will be unique to you. We have the right to disable any Account if in our reasonable opinion you have not complied with the terms set out in these Conditions.
2. Whether or not you register an Account, our acceptance of your booking will take place when we email you to accept it. At this point, a contract will be formed between you and us (the “contract”).
3. Please note that we will normally check prices before accepting your booking but it is always possible that despite our best efforts some journeys or services that we sell may be incorrectly priced. Until your booking is confirmed in writing, we are under no obligation to accept your booking at any incorrect prices shown on the website or any app as the contract between you and Openferry does not come into existence until we have accepted your booking and confirmed this in writing.

1. 1. We act as an agent on behalf of ferry operators. We only provide the booking service itself. We provide the relevant information on the tickets we sell, so you can make an informed choice. We do not provide any transport services. Because we are not responsible for any transport services, we will not be liable for any loss or damage due to delays or cancellations, including for missed journeys.
   2. By accessing this website (“website”) and iOS and Android mobile applications (“app(s)”), you can see timetables and ticket prices for ferry journeys, buy and book tickets directly with the ferry operators [list here] (the “booking service”).
   3. When you use this booking service (even if only browsing), you accept that you’ve read and understood the Conditions on this website in relation to your booking and our Privacy Policy [https://openferry.com/privacy-policy/]
   4. Although we take the utmost care to give you search results that are accurate, we are unable to guarantee that all the information we provide will be correct. This is because some of it such as scheduled departures and arrivals, live ferry information, embarkment and dis-embarkment details, transport conditions and fares comes from the ferry operators or other third parties.
   5. When you book a ticket with us, the operator's terms and conditions will also apply to you (as well as these Conditions). Before you are required to pay, you will see the ferry operator(s) key terms and conditions, where these are available. These are updated by us from time to time but note not all ferry companies provide their most up to date terms and conditions to us. Please check or request the ferry operators’ terms and conditions with the ferry operator(s) of your choice to ensure that you have seen and can comply with the latest rules in relation to your proposed journey with them.
   6. IMPORTANT. Once you have purchased a ticket for your journey, your contract for the journey is with the ferry operator. We are not a party to your contract with the ferry operator.
   7. By using this booking service, you declare that you are 16 years or over. We reserve the right to stop access to our website or apps, or to reject a booking made if you are under 16, or if we (in our sole discretion) consider it inappropriate to accept and act upon your booking using this service.

1. 1. You are financially responsible for all bookings made with us through your account and any losses which we may incur if you breach the Conditions.
   2. We are not responsible for losses that you suffer that are not related to our booking service. Accordingly, we will not be liable for any loss or damage due to delays or cancellations or missed journeys.
   3. We are not responsible for any loss or damage that is not foreseeable. We are not liable for any loss or damage due to delays or cancellations, including for missed journeys.
   4. Any information that we provide in relation to passenger ships, tracking of ferry locations, pricing or ticketing information is provided by third parties and/or based on unpredictable factors, such as the weather, navigational issues or staff availability. We cannot verify all the information provided nor display such information in real time. As such we accept no liability for inaccuracies or for any changes to the information from third parties we publish or affected by factors over which we have no influence.
   5. Nothing in these Conditions shall limit or exclude our liability for death or personal injury caused by negligence, or that of our employees, agents or sub-contractors (as applicable); or fraud or fraudulent misrepresentation by us.
   6. We are not liable for any loss of income, business or direct or indirect loss of profits, or for any loss or corruption of data in connection with the use of our services. We are not liable for any loss or damage that was not reasonably foreseeable when the contract between you and us was formed.
   7. If you’re a consumer, these Conditions will not affect any statutory rights which you have, which cannot be excluded.

1. No sensitive or special category personal data (as such terms are used in Data Protection law) will be collected by Openferry as part of your booking. Any personal information that you provide will only be used in accordance with our data privacy policy [https://openferry.com/privacy-policy/].
2. We are permitted to anonymise data from the use of this booking service in such manner that no person can be identified and reserve the right to use and aggregate this data for our internal business purposes.

1. Different rules will apply depending on whether (i) you cancel or change your ticket, or (ii) whether the ferry operator cancels or changes your ticket, or the ferry for your journey is delayed. Depending on the ferry operator and ticket type, you may be able to either cancel and get a refund for your ticket, or change your ticket.
2. We will let you know what the key conditions are before you select the tickets. But you must check the ferry operators’ terms and conditions directly with the ferry operator for the terms which apply to:
   1. Cancellations or changes to your ticket made by you;
   2. Cancellations or changes made by the ferry operator;
   3. Delays caused by the ferry operation;
3. If you are changing your ticket, note that in some cases, as well as paying for any difference in cost for your new ticket, you may have to pay a fee to change, cancel or receive a refund on your ticket.
4. Any refunds you receive (full, partial, or any related fees) will be calculated using the sum you paid for your journey and in the currency you made payment with.
5. We offer the refund estimator to show you only what the refund is expected to be, not what the actual refund will be. The actual amount you receive as a refund takes into account the ferry operators’ rules and fees regarding cancellations, delays, changes and refunds and any time which has elapsed during the course of your application for a refund. No liability is accepted by us for any difference in amount between what is shown in the refund estimator and the actual amount you receive from the ferry operator.
6. In most situations, you can request refunds and make changes to your booking online in your account. It is your responsibility to notify us of your decision not to travel on the journey booked. If you are submitting a request for any changes to your ticket (including cancellations) using the website or through the app, you must allow several days for the processing of the change.
7. Any cancellation by you will incur the following cancellation fee, plus any charges levied by the ferry operator
8. Any payment card charges, booking fee or service fee applied to bookings are not refundable.

The Cancel For Any Reason terms in this section shall only apply if you have selected and paid for the option of Cancel For Any Reason during your booking.

1. The Cancel For Any Reason terms apply to the cancellation of the ferry travel element only by you and the terms do not extend to any other elements of the trip (e.g. hotel reservation, car hire, breakdown products, card fees, booking fees, etc.).
2. You must select and buy Cancel For Any Reason at the same time as the ferry booking.
3. Cancel For Any Reason terms will only apply to the individual ferry booking it is made on.
4. In the event you are booking multiple trips on different booking references, the option must be selected separately for each booking.
5. Cancel For Any Reason cannot be removed from a booking [and the Cancel For Any Reason fee paid by you at the time of booking will not be refunded] at any point after purchase.
6. Cancellation requests must be received from you at least 48 hours prior to the sailing time. Cancel For Any Reason does not apply to any cancellations received after this point or on unused ferry bookings.
7. Cancellations can only be made on the full booking. It is not possible to cancel one leg of the trip only.
8. In the event you need to cancel your booking, please login to your Account section of the website.
9. YOU WILL BE REFUNDED THE FULL PRICE OF YOUR FERRY TICKET ONLY. Refunds will not be given in respect of your booking fee, service fee, SMS, or the Cancel For Any Reason fee paid by you at the time of booking. We will also not charge you the cancellation fee set out in Cancellations, Changes, Delays and Refunds.
10. These Cancel For Any Reason terms only apply to cancellations requested by you. They do not apply to cancellations or changes by the ferry operator (or us) or due to events beyond the ferry operator’s or our reasonable control (for more on which see ‘Events beyond the parties’ reasonable control’ clause).
11. Openferry reserves the right to charge an admin fee of £150 per booking in the event multiple bookings are made to sail within a 72-hour period for the same vehicle.

If an unforeseen event occurs, which is beyond the control of the ferry operator, or us, and therefore could not have been avoided by us or the ferry operator taking all due care, and which significantly impedes the travel which has been booked, then:

1. You will have statutory rights which apply (including EU law on compensation in the case of delay or cancellation);
2. Subject to your statutory rights, the ferry operator’s Terms will apply including in
   respect of whether you have a right in such circumstances to a refund of your ferry ticket;
3. If the ferry operator’s terms entitle you to a refund, we will pay you the refund we
   receive from the Operator promptly after we receive it;
4. If the Ferry operator’s terms entitle the ferry operator to issue you with a voucher instead of a monetary refund, we will issue you with a voucher of commensurate value to that which the ferry operator has issued (provided you have not received the voucher directly from the ferry operator);
5. You will not be entitled to a refund of the booking fee which you paid to us at the time of booking or the Cancel For Any Reason fee paid by you at the time of booking if you selected the Cancel For Any Reason option
6. An unforeseen event may include (but is not limited to) warfare, government action which prevents or restricts travel to the relevant destination, ferry operator failure or bankruptcy, other serious problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, pandemics or epidemics or natural disasters such as hurricanes, earthquakes or poor weather conditions which may make it impossible to travel safely to the destination agreed in the contract

You are strongly advised to take travel insurance to cover any events outside of your control in relation to your booking.

1. Our booking service provides you with the ability to see prices in other currencies and book with the specific currencies. Remember that the currency selected or shown may be different from the currency of the operator providing your journey. We provide a standard conversion rate to the currency selected when it is different to that of the operator providing the service of your journey or service.
2. Any refunds you receive (full, partial, or any related fees) will be calculated using the sum you paid for your journey and in the currency you made payment with.

1. A nominal service fee may be applied to your booking to support the ongoing development and improvement of our services, including Ferry Tracking, customer
   service enhancements, and refined price comparison tools.
2. The service fee you pay depends on multiple variables, including the selected route and the gross price of the booking.
3. The Company is committed to continuous improvement and may, on occasion, conduct controlled product testing on its online platform. These tests may result in temporary variations in the user experience.

Access to the website and the app does not give you any intellectual property rights relating to either of them, other than a right to use them in line with these Conditions. Under no circumstances can you copy, represent, change, transmit, or publish any part of our website or app (regardless of your device) without clear written permission from Openferry. If you do, you may be subject to an infringement action against you, or we may pursue other action we consider reasonably necessary to protect the intellectual property rights that belong to us or any third party referred to in these Conditions.

1. If you use the services for commercial or non-consumer purposes, you agree to indemnify and hold harmless us and our officers, directors, employees, agents, and affiliated companies against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees caused by your use of the services or breach of these Conditions.
2. We may amend any part of these Conditions at any time by adding, deleting, or varying their content. We will provide you with a copy of the contract that governs our relationship and which contains the latest Conditions which apply when we accept and confirm your booking in writing.
3. We may transfer our rights and obligations under these Conditions to another company. We will always tell you in writing if this happens and we will make sure that the transfer will not affect your rights under the contract between us. Any tickets purchased using the website or our app are personal to you and the passengers under your booking. The rights of each passenger under these Conditions may not be transferred to anyone else. No other person, other than the person who has a contract with us shall have the right to enforce these Conditions.
4. Each of the paragraphs in these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. If we delay in taking steps against you in respect of your non-compliance with these Conditions, or if we do not immediately insist that you do anything that you must do under these Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
6. These conditions shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute relating to these Conditions.