Ferry Service Provider Not Liable for Passengers' Losses Due to Delays
⚖️ Legal holding
A ferry service provider is not liable for passengers' losses arising from delays if the passengers agreed to the conditions of carriage.
📖 Technical summary
The claimant's losses due to ferry delays were not recoverable under the conditions of carriage.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The ferry service provider's conditions of carriage clearly stated it was not responsible for losses from delayed sailings.
- The applicants agreed to the conditions of carriage when booking online, even if they did not read them.
- The booking email specified that passengers must arrive 30 to 120 minutes prior to scheduled departure.
- The applicants did not arrive at the terminal within the prescribed time for their scheduled departure.
- Public commitments by the ferry service provider about safe and timely travel do not create a legal duty.
❌ Tends to be rejected
- The applicants argued that the conditions of carriage were ambiguous because they did not specifically mention negligence.
- The applicants claimed that a previous tribunal decision regarding the conditions of carriage was not applicable to their case.
- The applicants asserted that their arrival at 6:00 pm for a 6:20 pm sailing was on time because the ferry had not yet departed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether the ferry service provider was liable for the claimant's losses due to ferry delays.
How did the court decide, and why?
The court decided that the ferry service provider was not liable for the claimant's losses because the claimant agreed to the conditions of carriage which limited the provider's liability.
Which laws or rules were applied?
The Civil Resolution Tribunal Act, sections 42 and 118 were applied.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should carefully review the conditions of carriage before making a claim for losses due to delays.
What evidence or documents mattered?
The booking confirmation and the conditions of carriage were the key pieces of evidence.