Terms of Carriage/Service
1.0 General Provisions
When purchasing tickets for travel with Love City Car Ferries, Inc. (hereinafter referred to as "the Company"), these terms and conditions are applicable to customers, passengers, travelers, drivers, and any other person being conveyed (collectively “Person” or “Persons”), cars, vehicles, cargo vehicles, luggage, merchandise, livestock, animals, goods, cargo, and any other item being conveyed (collectively “Cargo”) on the Company's ferries or on ferries chartered by the Company, regardless of whether or not documents have been issued for the agreement. The passenger ticket is the contract of carriage between the customer and the company; the customer is not only the driver of the vehicle nor is it only the person who signs the ticket, as these individuals may be agents, subcontractors or otherwise affiliated individuals. Customer extends to the owner of the cargo/vehicle.
A person who purchases this ticket on behalf of the owner represents and warrants that he or she has the owner's authority to do so and as such the owner is also hereto bound to these Terms of Carriage/Service. Such person agrees to indemnify the Company against loss, damage or expense incurred as a result of any breach of this warranty.
1.1 Smoking Prohibited
Use of naked flames is prohibited in vehicles and on the car deck. Smoking is not permitted anywhere on the vessel, not even the laboratories. The use of electronic cigarettes is also not permitted.
1.2 Exclusions and Prohibitions
The Company, in its sole and absolute discretion, may exclude persons or cargo from transport, regardless of whether they have a valid ticket, should they pose a safety hazard, a nuisance to other passengers, Company personnel, or otherwise fail to follow the instructions given by personnel. Intoxicated persons under the influence of controlled substances may be denied transportation, in the sole and absolute discretion of the Company, even if they are in possession of a valid ticket.
The Company may exclude from transport cargo that is leaking oil, gasoline or other fluids.
It is not permitted to leave oil-fired boilers, diesel engines, running on the car deck during the voyage.
1.3 Emergencies
If an emergency ambulance or police transportation is required on sold-out crossings, the last booked vehicles to arrive may be put on hold or vehicles/cargo on board may be off-loaded to accommodate said emergency vehicles.
1.4 Liability
The Company's liability is limited with regard to any loss, deficiency and damages to persons, items or cargo, in accordance with the provisions of the Merchant Shipping Act and international transport conventions.
When transporting persons, the Company is exempt from liability for the time before the person boards, and after the person has come ashore.
The Company is not responsible for loss of or damage to money, securities, personal property and other valuables such as silver, gold, watches, jewelry and works of art, that may have been brought on board the vessel.
The Company is not responsible for death, personal injury, loss of or damage to vehicles, personal property or other cargo during the course of carriage, unless for willful and gross negligence whose affirmative claims are limited by maritime laws' limitation on liability act, in which case the liability is limited to $12,000 USD.
Damage to the Company's vessel, equipment and furniture, as well as the belongings of others, as a result of one's driving, will result in liability to the driver as party responsible for the damage. The Company is not liable for the driving of others.
The Company does not represent nor guarantee that any persons, cargo or any documents relating thereto shall arrive or be available at any particular time or location to meet any particular requirement or deadline of the persons, cargo, end-user, or owner of any such cargo or documents and the Company shall under no circumstances be liable for any direct, indirect or consequential loss or damage caused by any delay.
1.5 Crimes at Sea
The Company vessels may be under video surveillance. Any form of theft is reported to the Virgin Islands Police Department, Virgin Islands Port Authority Police and or the Federal Bureau of Investigations. Criminal matters at sea are deemed federal crimes and thus subject to federal jurisdiction.
1.6 Distribution of Paraphernalia
Persons may not, without the Company's permission, offer goods for sale, distribute printed materials, arrange collections, etc. on board or ashore in the Company area.
1.7 Schedule Changes, Cancellations and Delays
The Company may make running changes to departures, ferry berths, etc. It is expected that passengers stay up to date of any changes to the sailing schedule via our website, social media channels, text messages, email, or by calling the corporate office at 340-779-4000.
The Company assumes no responsibility for any loss or damage resulting from lack of space on the ferries or ships, disruptions to operations, including shutdowns, due to irregularities, including force majeure, Acts of God, technical reasons, water and weather conditions, and reserves the right to make changes to schedules and fares without notice. Another ferry or ship other than the one advertised may be inserted on the route at any time. The Company is not responsible for losses or damages of any kind incurred due to missed traffic connections, deadlines, or necessary changes in travel plans.
1.8 Refunds
Full refunds for reservations, minus service fees, are granted if the request is made 3 days prior to departure.
Full refunds, minus service fees, are also granted in the case of force majeure events such as hurricanes, etc.
If the reservation customer had a round trip ticket and received services for one part of the departure and thus retains the return portion of the ticket, no refund is given. Our yellow ticket does not expire and the customer can retain it for future use, on a first come first served basis.
For customers without reservations, our tickets do not expire, therefore refunds are not granted.
The Company's refund, if any, for delay, cancellation or non force majeure events is limited to $30 for any type of ticket.
1.9 Loading of Vessel
The Captain on duty reserves the right to load the vessel at his own discretion despite the order in which vehicles have been waiting in line. At times, this is necessary for the stability of the vessel. Customers who may have been bumped out of line, due to vessel stability issues, have no recourse in such events.
2.0 Luggage
A Person may bring luggage with them at no extra charge, as long as it is stored in the vehicle. Any luggage stored on the vessel's deck will be charged the going cargo rate.
Special equipment, including travel luggage placed outside or on top of a vehicle which is damaged while it is in motion, will not be replaced regardless of the allocations of responsibility in general.
3.0 Motorized Bikes
It is the driver's responsibility to tether any motorcycle, moped, scooter or similar vehicle and it is always up to the driver to ensure that the vehicle is sufficiently stable and secured to withstand normal expected seas during the crossing. The Company is not liable for any damage to such vehicles caused by overturning or shunting during the voyage. The driver of the motorized vehicle assumes full liability for failure to tether said vehicle for any damage incurred to his vehicle, another vehicle, cargo, person(s), or the vessel.
4.0 Transportation of Live Animals
Animals must be kept in a cage or crate and must not be a nuisance to other persons or crew. It is permitted for dogs and other animals to remain in the car during the crossing; access to the car deck during the crossing is not permitted. The Company may deny transport of animals in its sole and absolute discretion. The Company assumes no liability for shipments of live animals. The owner of the animal assumes full liability for any damage or personal injury caused by the animal or to the animal.
5.0 Cargo
5.1 Heavy Duty Vehicles
All vehicles with a gross vehicle weight exceeding 3,500 kg or over 6m in length are designated as trucks or other heavy duty vehicles and are subject to surcharges above the basic rate.
5.2 Embarkation and Disembarkation of Vehicles
Embarkation (driving on board) and disembarkation (driving off) are to be completed in cooperation with the staff and particular care is to be exercised by the driver. The Company is not liable for any loss or damage to cargo, persons or property during embarkation or disembarkation. Embarkation and disembarkation of vehicles is at your own risk and without liability to the Company.
The company requests that during the embarkation and disembarkation process, drivers turn down the windows in order to hear the instructions of the crew. Failure to do so, is at his or her complete and absolute risk and thus the company assumes zero liability for any acts brought about by such driver.
Further, the company can not be held liable or responsible for the driving skills of any driver. The crew is there to give directions only; it is still ultimately the driver’s responsibility to maintain the safe maneuverability of navigation of said vehicle. Crew is not authorized to drive customers’ vehicles. If a customer makes such a request he or she takes on the full liability of the crew’s actions.
It is the driver’s responsibility to embark and disembark with windows down so as to hear any commands given by the crew.
5.3 Emergency Breaks
It is the driver's responsibility to keep their vehicles properly braked during transportation by putting the vehicle in park and by using the emergency/handbrake.
5.4 Vehicle Load
The Company is not liable for any damage to vehicles due to the vehicle being lowered, rebuilt or heavily loaded. The Driver's ability to successfully embark is at his or her sole and complete discretion and risk.
5.5 Lashing of Cargo
The vehicle and the cargo on the vehicle shall be adequately secured and protected by the owner or driver of the vehicle and cargo to withstand the effects that may occur when being transported by sea. Drivers are not only responsible for ensuring that the safety brakes are engaged; but they are also responsible for ensuring that any load in or on the vehicle is secured.
The Company is not liable for compensation for damage to cargo or vehicles when damage is due to defective lashing, stowage or other circumstances, which the driver or owner is responsible for ensuring and that the Company is under no special obligation to inspect.
The Captain on duty has the right, but not the obligation, to inspect and accept or reject the cargo security/lashings and whether cargo must be rejected for any reason whatsoever in his or her sole and absolute discretion.
5.6 Content of Cargo
The Company is under no obligation to investigate trailers, containers or other transport devices with regard to how cargo is packed, stowed, lashed, etc. However, if the Company ascertains that cargo is not packed correctly, the Company may refuse to transfer the cargo in its sole and absolute discretion. The Company shall not be liable for any direct, indirect or consequential loss or damage caused by the refusal of any cargo or persons.
Neither does the company inspect cargo; thus the legality or illegality of the cargo being carried is completely the responsibility of the customer and his or her agent.
5.7 Damage, loss or Theft
The Company assumes no responsibility for any damage, loss or theft to cargo left on the approach and harbor areas. When cargo is transported, the Company's responsibility is primarily limited in accordance with the rules adopted by the Carriage of Goods by Sea Act ("CGS")
5.8 Transportation of Cargo other than Vehicles
Vehicles and anything on the vehicle deck, except individuals, are considered cargo for pay. Such cargo is charged at the going rate. Cargo stored on the approach areas to one of the Company's ferry berths is left at the customer's own risk and account. The Company shall not be considered to have received the cargo until the cashier has acknowledged said cargo and the customer has received a signed receipt for said cargo and the cargo is on board the vessel. Vehicle embarkation or loading of cargo is initiated by the Company's personnel or by the subcontractors selected by the Company.
If the customer fails to collect the cargo promptly after the Company or any of the subcontractors selected by the Company has docked the vessel at the port of destination, the cargo will be stored at the customer's own risk and expense. If the cargo is not promptly picked up at the following departure, the customer will incur additional charges.
The Company shall not be liable for any loss or damage to cargo.
5.9 Hazardous Cargo
No cargo, which are or which may become dangerous, noxious, hazardous, flammable, or damaging in nature or which may damage any persons or property, and whether or not such goods or cargo are listed in any official or unofficial, international or national code, convention, listing or table shall be tendered to the Company for carriage without previous written notification to the Company of the nature, character, name, label, and classification (if applicable) to the Company and obtaining the Company’s consent in writing. Any such goods or cargo, if approved for carriage, shall be distinctly marked so as to indicate the nature and character of such goods or Cargo and so as to comply with any applicable laws, regulations or requirements. If any such goods or cargo are delivered to the Company without obtaining its consent or required markings, or if in the opinion of the Company such goods or cargo are or may become dangerous, noxious, hazardous, flaming or damaging in nature, the goods or cargo may be refused, off-loaded, destroyed, disposed of, abandoned or rendered harmless without compensation to the carrier, driver, or owner of such goods or cargo. The carrier or owner of any such goods or cargo shall indemnify and hold harmless the Company against all claims, liabilities, loss, damage, delay, costs, fines or expenses arising from such goods or cargo or arising from the breach of any requirements in this agreement whether or not the Company was aware of the nature of such goods or cargo.
6.0 Tickets & Booking
6.1 Currency
The Company trades in the U.S. Dollar.
6.2 Tickets
Tickets may be booked in person or online.
Upon receipt of the ticket, the purchaser is to check that the ticket received is as ordered. The Company can not accept responsibility for errors, if the order or reservation was made so close to departure that it would be impossible in practice for the Company to issue confirmation before arrival or departure.
If traveling one way, the customer will receive a pink receipt. If traveling round trip, the customer will receive both the pink receipt and the yellow return ticket. The yellow return ticket must be kept and presented for the second leg of the trip or the customer may have to pay again or be returned to the original port of origin. This policy stands because our yellow tickets never expire and anyone finding this lost or discarded ticket can use it. Therefore please place the yellow ticket in a secure location for your return trip. If at any time, the customer does not at least receive the pink receipt, please report immediately by calling us at 340-779-4000 or emailing us at info@lovecitycarferries.com with the date and time of your sailing.
6.3 Payment at Time of Boarding
All Persons, except pre-approved charge customers and prepaid reservations customers, are required to pay once boarded and before disembarking. Any person who fails to pay for the service rendered will be reported to the appropriate enforcement agency for prosecution. Both the Virgin Islands Police Department and the Virgin Islands Port Authority Police will be called or the vessel will be turned around by the Captain and the violator will be escorted off of the vessel at his or her initial port of embarkation. Ultimately there is federal jurisdiction with regards to maritime matters. Thus, the Federal Bureau of Investigation may also be called.
6.4 Arrival Time and Checking-In for Reservations
Reservations will lapse if passengers do not observe timely arrivals. Reservation passengers must be in the gate at least 20 minutes before the departure time in order for the reservation to be honored. The gate is managed by agents of the Virgin Islands Port Authority (VIPA)and they normally have staff in a booth or on the dock. Upon arrival, passengers must check in with the crew. Crew are on board the vessel or usually by the vessel’s gate. People working for VIPA or as agents of VIPA are usually on the dock and they can not check you in. VIPA agents are akin to TSA at the airport. They are security or agents of the government. Just as TSA does not work for the airline, VIPA agents do not work for the company.
7.0 Charge Accounts, Finance Terms & Price Changes
7.1 Charge Accounts
Companies or Organizations with charge/credit accounts are deemed to have been billed with the receipt of their tickets(s), which was witnessed and signed by their agent/driver. Though electronic invoices are subsequently sent, this is a courtesy and is not necessary for mandating payment. The electronic invoice will contain the ticket number signed by the driver and the price. Any additional details such as date of service, type of vehicle, signature of agent/driver, etc. can be found on the original signed ticket. The Company is not required to provide additional evidence of ridership beyond the signed ticket given to the driver at the time he or she uses the service. The company has met this obligation by giving a copy of the signed ticket to the driver at the time of crossing. The onus is on the customer to mandate that their agent/driver returns signed tickets to their offices.
7.2 Electronic Invoices
Electronic invoices may be generated at least one business day following ridership or soon thereafter. But even if this electronic invoice does not arrive, the customer is still legally obligated to pay the ticket with the signing of said ticket by the driver. The customer is obligated to reference former tickets received with the same license plate number to know what is to be paid if the electronic invoice does not arrive. The Company will honor this payment even if there has been a price change. Invoices are Net 15 days. Statements will be sent electronically once per month at the Company's sole discretion.
7.3 Valid Email Addresses
Charge accounts must be accompanied by a valid and working email address. Given our billing procedures, the Company does not accept, approve, nor maintain customer charge accounts that do not have valid email addresses.
7.4 Annual Credit Terms
Annual credit terms are sent to the email address of the charge customer via our email delivery service. Unsubscribing from said email list does not release the Charge Customer from being bound by the terms, as the terms are referenced on each signed ticket and online.
7.5 Failure to Pay on Charge Accounts
Payment can be made by check or cash. Online payments can be made by most major credit cards, Paypal or Apple Pay. Click on the link in the emailed invoice in order to make an online payment.
Failure to pay on charge accounts may result in account suspension. If suspended accounts are not brought current in 45 days, they will be permanently closed.
Failure to pay for services can result in a carrier’s lien on said vehicle(s) to be filed with the Lt. Governor’s Office of the Government of the Virgin Islands and applicable to the vehicle that was transported by the Company. The Company shall have a general and continuing lien on vehicle(s) until payment is received. The lien is for monies owed to the Company. with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both.
Failure to pay can also result in the matter being turned over to legal counsel. All legal fees that arise as a result of collection action shall be billed directly and completely to the customer who caused the action.
7.6 Fees and Finance Charges
The Company reserves the right to charge a minimum late fee/finance charge of $15.00 monthly on delinquent accounts.
The Company reserves the right to apply a finance charge of 24% per annum to the balance of all overdue invoices. Finance charges are assessed once per month.
Payments must be received in the office or on the Company’s vessels by the due date in order to avoid finance or late charges. Payments that are in route via the mail are not deemed to have been received. If the customer realizes that the invoice may be late then he or she may pay online in order to avoid finance or late charges. Online payments are posted immediately.
7.7 Price Changes
The Company reserves the right to change prices for any size vehicle at any point it deems necessary for sustainable business practices. Only companies with approved and negotiated special pricing will be given direct communication as to price changes. In general, price changes are subject to change at the Company's discretion and without public announcement. You may call us at 340-779-4000 when planning your trip and we’ll let you know the current rates.
8.0 Large Capacity Vehicles
For the carriage of buses and other large capacity vehicles, the Company's liability is limited in accordance with the Merchant Shipping Act. Occupancy of large capacity vehicles are limited to the driver and one passenger. All others must engage the services of a passenger ferry. Exceptions are at the sole discretion of the Company.
9.0 Driver’s License
At the start of the journey, the driver of any vehicle must be in possession of a valid driver’s license. The driver may be required to present this upon demand.
10.0 Lost property
Queries concerning property left on board the ferry are to be referred to the Office. Call us at 340-779-4000 or email us at info@lovecitycarferries.com The Company will deliver forgotten property to the Police as soon as possible. Forgotten property that is perishable will be destroyed immediately. The Company shall not be liable for any loss resulting from forgotten property.
11.0 Complaints
Notification of damage to personal property, vehicles, or cargo shall be immediately directed to crew before departure.
Notification of mistakes in pricing shall be immediately directed to one of the crew, before departure.
Complaints about conditions on the crossing that are not resolved by contacting crew can be emailed to info@lovecitycarferries.com. Complaints must be accompanied by a ticket/booking number.
12.0 Adoption of Terms
Love City Car Ferries, Inc adopted the Terms of Carriage on August 7, 1997, as amended June 1, 2014, November 1, 2016, January 15, 2018, January 8, 2020, March 19, 2021, December 30, 2021 and January 5, 2023.
13.0 Carriage of Goods by Sea Act 1992
In general, these Terms of Carriage/Service, as well as the Terms of Carriage of Goods by Sea Act 1992, the Merchants Shipping Act, and the Maritime Limits of Liability Act apply.
14.0 Governing Law
This agreement is governed by national and international maritime laws and all litigation will commence in the Courts of the United States Virgin Islands. Mediation will be the first step in the resolution of any dispute.
15.0 Agreement
Terms of Carriage are referenced on Love City Car Ferries, Inc’s website, tickets, bookings, invoices and charge account applications. Customers are encouraged to read the Terms prior to any and all embarkation. Terms are subject to change at any time and the most recent version always applies to the next sailing. These terms will apply to any and all transactions for ferry carriage. Booking online and or the acceptance of carriage means the customer and/or his or her agent hereby adopts, accepts, and agrees to be bound by all the terms and conditions herein delineated.
When purchasing tickets for travel with Love City Car Ferries, Inc. (hereinafter referred to as "the Company"), these terms and conditions are applicable to customers, passengers, travelers, drivers, and any other person being conveyed (collectively “Person” or “Persons”), cars, vehicles, cargo vehicles, luggage, merchandise, livestock, animals, goods, cargo, and any other item being conveyed (collectively “Cargo”) on the Company's ferries or on ferries chartered by the Company, regardless of whether or not documents have been issued for the agreement. The passenger ticket is the contract of carriage between the customer and the company; the customer is not only the driver of the vehicle nor is it only the person who signs the ticket, as these individuals may be agents, subcontractors or otherwise affiliated individuals. Customer extends to the owner of the cargo/vehicle.
A person who purchases this ticket on behalf of the owner represents and warrants that he or she has the owner's authority to do so and as such the owner is also hereto bound to these Terms of Carriage/Service. Such person agrees to indemnify the Company against loss, damage or expense incurred as a result of any breach of this warranty.
1.1 Smoking Prohibited
Use of naked flames is prohibited in vehicles and on the car deck. Smoking is not permitted anywhere on the vessel, not even the laboratories. The use of electronic cigarettes is also not permitted.
1.2 Exclusions and Prohibitions
The Company, in its sole and absolute discretion, may exclude persons or cargo from transport, regardless of whether they have a valid ticket, should they pose a safety hazard, a nuisance to other passengers, Company personnel, or otherwise fail to follow the instructions given by personnel. Intoxicated persons under the influence of controlled substances may be denied transportation, in the sole and absolute discretion of the Company, even if they are in possession of a valid ticket.
The Company may exclude from transport cargo that is leaking oil, gasoline or other fluids.
It is not permitted to leave oil-fired boilers, diesel engines, running on the car deck during the voyage.
1.3 Emergencies
If an emergency ambulance or police transportation is required on sold-out crossings, the last booked vehicles to arrive may be put on hold or vehicles/cargo on board may be off-loaded to accommodate said emergency vehicles.
1.4 Liability
The Company's liability is limited with regard to any loss, deficiency and damages to persons, items or cargo, in accordance with the provisions of the Merchant Shipping Act and international transport conventions.
When transporting persons, the Company is exempt from liability for the time before the person boards, and after the person has come ashore.
The Company is not responsible for loss of or damage to money, securities, personal property and other valuables such as silver, gold, watches, jewelry and works of art, that may have been brought on board the vessel.
The Company is not responsible for death, personal injury, loss of or damage to vehicles, personal property or other cargo during the course of carriage, unless for willful and gross negligence whose affirmative claims are limited by maritime laws' limitation on liability act, in which case the liability is limited to $12,000 USD.
Damage to the Company's vessel, equipment and furniture, as well as the belongings of others, as a result of one's driving, will result in liability to the driver as party responsible for the damage. The Company is not liable for the driving of others.
The Company does not represent nor guarantee that any persons, cargo or any documents relating thereto shall arrive or be available at any particular time or location to meet any particular requirement or deadline of the persons, cargo, end-user, or owner of any such cargo or documents and the Company shall under no circumstances be liable for any direct, indirect or consequential loss or damage caused by any delay.
1.5 Crimes at Sea
The Company vessels may be under video surveillance. Any form of theft is reported to the Virgin Islands Police Department, Virgin Islands Port Authority Police and or the Federal Bureau of Investigations. Criminal matters at sea are deemed federal crimes and thus subject to federal jurisdiction.
1.6 Distribution of Paraphernalia
Persons may not, without the Company's permission, offer goods for sale, distribute printed materials, arrange collections, etc. on board or ashore in the Company area.
1.7 Schedule Changes, Cancellations and Delays
The Company may make running changes to departures, ferry berths, etc. It is expected that passengers stay up to date of any changes to the sailing schedule via our website, social media channels, text messages, email, or by calling the corporate office at 340-779-4000.
The Company assumes no responsibility for any loss or damage resulting from lack of space on the ferries or ships, disruptions to operations, including shutdowns, due to irregularities, including force majeure, Acts of God, technical reasons, water and weather conditions, and reserves the right to make changes to schedules and fares without notice. Another ferry or ship other than the one advertised may be inserted on the route at any time. The Company is not responsible for losses or damages of any kind incurred due to missed traffic connections, deadlines, or necessary changes in travel plans.
1.8 Refunds
Full refunds for reservations, minus service fees, are granted if the request is made 3 days prior to departure.
Full refunds, minus service fees, are also granted in the case of force majeure events such as hurricanes, etc.
If the reservation customer had a round trip ticket and received services for one part of the departure and thus retains the return portion of the ticket, no refund is given. Our yellow ticket does not expire and the customer can retain it for future use, on a first come first served basis.
For customers without reservations, our tickets do not expire, therefore refunds are not granted.
The Company's refund, if any, for delay, cancellation or non force majeure events is limited to $30 for any type of ticket.
1.9 Loading of Vessel
The Captain on duty reserves the right to load the vessel at his own discretion despite the order in which vehicles have been waiting in line. At times, this is necessary for the stability of the vessel. Customers who may have been bumped out of line, due to vessel stability issues, have no recourse in such events.
2.0 Luggage
A Person may bring luggage with them at no extra charge, as long as it is stored in the vehicle. Any luggage stored on the vessel's deck will be charged the going cargo rate.
Special equipment, including travel luggage placed outside or on top of a vehicle which is damaged while it is in motion, will not be replaced regardless of the allocations of responsibility in general.
3.0 Motorized Bikes
It is the driver's responsibility to tether any motorcycle, moped, scooter or similar vehicle and it is always up to the driver to ensure that the vehicle is sufficiently stable and secured to withstand normal expected seas during the crossing. The Company is not liable for any damage to such vehicles caused by overturning or shunting during the voyage. The driver of the motorized vehicle assumes full liability for failure to tether said vehicle for any damage incurred to his vehicle, another vehicle, cargo, person(s), or the vessel.
4.0 Transportation of Live Animals
Animals must be kept in a cage or crate and must not be a nuisance to other persons or crew. It is permitted for dogs and other animals to remain in the car during the crossing; access to the car deck during the crossing is not permitted. The Company may deny transport of animals in its sole and absolute discretion. The Company assumes no liability for shipments of live animals. The owner of the animal assumes full liability for any damage or personal injury caused by the animal or to the animal.
5.0 Cargo
5.1 Heavy Duty Vehicles
All vehicles with a gross vehicle weight exceeding 3,500 kg or over 6m in length are designated as trucks or other heavy duty vehicles and are subject to surcharges above the basic rate.
5.2 Embarkation and Disembarkation of Vehicles
Embarkation (driving on board) and disembarkation (driving off) are to be completed in cooperation with the staff and particular care is to be exercised by the driver. The Company is not liable for any loss or damage to cargo, persons or property during embarkation or disembarkation. Embarkation and disembarkation of vehicles is at your own risk and without liability to the Company.
The company requests that during the embarkation and disembarkation process, drivers turn down the windows in order to hear the instructions of the crew. Failure to do so, is at his or her complete and absolute risk and thus the company assumes zero liability for any acts brought about by such driver.
Further, the company can not be held liable or responsible for the driving skills of any driver. The crew is there to give directions only; it is still ultimately the driver’s responsibility to maintain the safe maneuverability of navigation of said vehicle. Crew is not authorized to drive customers’ vehicles. If a customer makes such a request he or she takes on the full liability of the crew’s actions.
It is the driver’s responsibility to embark and disembark with windows down so as to hear any commands given by the crew.
5.3 Emergency Breaks
It is the driver's responsibility to keep their vehicles properly braked during transportation by putting the vehicle in park and by using the emergency/handbrake.
5.4 Vehicle Load
The Company is not liable for any damage to vehicles due to the vehicle being lowered, rebuilt or heavily loaded. The Driver's ability to successfully embark is at his or her sole and complete discretion and risk.
5.5 Lashing of Cargo
The vehicle and the cargo on the vehicle shall be adequately secured and protected by the owner or driver of the vehicle and cargo to withstand the effects that may occur when being transported by sea. Drivers are not only responsible for ensuring that the safety brakes are engaged; but they are also responsible for ensuring that any load in or on the vehicle is secured.
The Company is not liable for compensation for damage to cargo or vehicles when damage is due to defective lashing, stowage or other circumstances, which the driver or owner is responsible for ensuring and that the Company is under no special obligation to inspect.
The Captain on duty has the right, but not the obligation, to inspect and accept or reject the cargo security/lashings and whether cargo must be rejected for any reason whatsoever in his or her sole and absolute discretion.
5.6 Content of Cargo
The Company is under no obligation to investigate trailers, containers or other transport devices with regard to how cargo is packed, stowed, lashed, etc. However, if the Company ascertains that cargo is not packed correctly, the Company may refuse to transfer the cargo in its sole and absolute discretion. The Company shall not be liable for any direct, indirect or consequential loss or damage caused by the refusal of any cargo or persons.
Neither does the company inspect cargo; thus the legality or illegality of the cargo being carried is completely the responsibility of the customer and his or her agent.
5.7 Damage, loss or Theft
The Company assumes no responsibility for any damage, loss or theft to cargo left on the approach and harbor areas. When cargo is transported, the Company's responsibility is primarily limited in accordance with the rules adopted by the Carriage of Goods by Sea Act ("CGS")
5.8 Transportation of Cargo other than Vehicles
Vehicles and anything on the vehicle deck, except individuals, are considered cargo for pay. Such cargo is charged at the going rate. Cargo stored on the approach areas to one of the Company's ferry berths is left at the customer's own risk and account. The Company shall not be considered to have received the cargo until the cashier has acknowledged said cargo and the customer has received a signed receipt for said cargo and the cargo is on board the vessel. Vehicle embarkation or loading of cargo is initiated by the Company's personnel or by the subcontractors selected by the Company.
If the customer fails to collect the cargo promptly after the Company or any of the subcontractors selected by the Company has docked the vessel at the port of destination, the cargo will be stored at the customer's own risk and expense. If the cargo is not promptly picked up at the following departure, the customer will incur additional charges.
The Company shall not be liable for any loss or damage to cargo.
5.9 Hazardous Cargo
No cargo, which are or which may become dangerous, noxious, hazardous, flammable, or damaging in nature or which may damage any persons or property, and whether or not such goods or cargo are listed in any official or unofficial, international or national code, convention, listing or table shall be tendered to the Company for carriage without previous written notification to the Company of the nature, character, name, label, and classification (if applicable) to the Company and obtaining the Company’s consent in writing. Any such goods or cargo, if approved for carriage, shall be distinctly marked so as to indicate the nature and character of such goods or Cargo and so as to comply with any applicable laws, regulations or requirements. If any such goods or cargo are delivered to the Company without obtaining its consent or required markings, or if in the opinion of the Company such goods or cargo are or may become dangerous, noxious, hazardous, flaming or damaging in nature, the goods or cargo may be refused, off-loaded, destroyed, disposed of, abandoned or rendered harmless without compensation to the carrier, driver, or owner of such goods or cargo. The carrier or owner of any such goods or cargo shall indemnify and hold harmless the Company against all claims, liabilities, loss, damage, delay, costs, fines or expenses arising from such goods or cargo or arising from the breach of any requirements in this agreement whether or not the Company was aware of the nature of such goods or cargo.
6.0 Tickets & Booking
6.1 Currency
The Company trades in the U.S. Dollar.
6.2 Tickets
Tickets may be booked in person or online.
Upon receipt of the ticket, the purchaser is to check that the ticket received is as ordered. The Company can not accept responsibility for errors, if the order or reservation was made so close to departure that it would be impossible in practice for the Company to issue confirmation before arrival or departure.
If traveling one way, the customer will receive a pink receipt. If traveling round trip, the customer will receive both the pink receipt and the yellow return ticket. The yellow return ticket must be kept and presented for the second leg of the trip or the customer may have to pay again or be returned to the original port of origin. This policy stands because our yellow tickets never expire and anyone finding this lost or discarded ticket can use it. Therefore please place the yellow ticket in a secure location for your return trip. If at any time, the customer does not at least receive the pink receipt, please report immediately by calling us at 340-779-4000 or emailing us at info@lovecitycarferries.com with the date and time of your sailing.
6.3 Payment at Time of Boarding
All Persons, except pre-approved charge customers and prepaid reservations customers, are required to pay once boarded and before disembarking. Any person who fails to pay for the service rendered will be reported to the appropriate enforcement agency for prosecution. Both the Virgin Islands Police Department and the Virgin Islands Port Authority Police will be called or the vessel will be turned around by the Captain and the violator will be escorted off of the vessel at his or her initial port of embarkation. Ultimately there is federal jurisdiction with regards to maritime matters. Thus, the Federal Bureau of Investigation may also be called.
6.4 Arrival Time and Checking-In for Reservations
Reservations will lapse if passengers do not observe timely arrivals. Reservation passengers must be in the gate at least 20 minutes before the departure time in order for the reservation to be honored. The gate is managed by agents of the Virgin Islands Port Authority (VIPA)and they normally have staff in a booth or on the dock. Upon arrival, passengers must check in with the crew. Crew are on board the vessel or usually by the vessel’s gate. People working for VIPA or as agents of VIPA are usually on the dock and they can not check you in. VIPA agents are akin to TSA at the airport. They are security or agents of the government. Just as TSA does not work for the airline, VIPA agents do not work for the company.
7.0 Charge Accounts, Finance Terms & Price Changes
7.1 Charge Accounts
Companies or Organizations with charge/credit accounts are deemed to have been billed with the receipt of their tickets(s), which was witnessed and signed by their agent/driver. Though electronic invoices are subsequently sent, this is a courtesy and is not necessary for mandating payment. The electronic invoice will contain the ticket number signed by the driver and the price. Any additional details such as date of service, type of vehicle, signature of agent/driver, etc. can be found on the original signed ticket. The Company is not required to provide additional evidence of ridership beyond the signed ticket given to the driver at the time he or she uses the service. The company has met this obligation by giving a copy of the signed ticket to the driver at the time of crossing. The onus is on the customer to mandate that their agent/driver returns signed tickets to their offices.
7.2 Electronic Invoices
Electronic invoices may be generated at least one business day following ridership or soon thereafter. But even if this electronic invoice does not arrive, the customer is still legally obligated to pay the ticket with the signing of said ticket by the driver. The customer is obligated to reference former tickets received with the same license plate number to know what is to be paid if the electronic invoice does not arrive. The Company will honor this payment even if there has been a price change. Invoices are Net 15 days. Statements will be sent electronically once per month at the Company's sole discretion.
7.3 Valid Email Addresses
Charge accounts must be accompanied by a valid and working email address. Given our billing procedures, the Company does not accept, approve, nor maintain customer charge accounts that do not have valid email addresses.
7.4 Annual Credit Terms
Annual credit terms are sent to the email address of the charge customer via our email delivery service. Unsubscribing from said email list does not release the Charge Customer from being bound by the terms, as the terms are referenced on each signed ticket and online.
7.5 Failure to Pay on Charge Accounts
Payment can be made by check or cash. Online payments can be made by most major credit cards, Paypal or Apple Pay. Click on the link in the emailed invoice in order to make an online payment.
Failure to pay on charge accounts may result in account suspension. If suspended accounts are not brought current in 45 days, they will be permanently closed.
Failure to pay for services can result in a carrier’s lien on said vehicle(s) to be filed with the Lt. Governor’s Office of the Government of the Virgin Islands and applicable to the vehicle that was transported by the Company. The Company shall have a general and continuing lien on vehicle(s) until payment is received. The lien is for monies owed to the Company. with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both.
Failure to pay can also result in the matter being turned over to legal counsel. All legal fees that arise as a result of collection action shall be billed directly and completely to the customer who caused the action.
7.6 Fees and Finance Charges
The Company reserves the right to charge a minimum late fee/finance charge of $15.00 monthly on delinquent accounts.
The Company reserves the right to apply a finance charge of 24% per annum to the balance of all overdue invoices. Finance charges are assessed once per month.
Payments must be received in the office or on the Company’s vessels by the due date in order to avoid finance or late charges. Payments that are in route via the mail are not deemed to have been received. If the customer realizes that the invoice may be late then he or she may pay online in order to avoid finance or late charges. Online payments are posted immediately.
7.7 Price Changes
The Company reserves the right to change prices for any size vehicle at any point it deems necessary for sustainable business practices. Only companies with approved and negotiated special pricing will be given direct communication as to price changes. In general, price changes are subject to change at the Company's discretion and without public announcement. You may call us at 340-779-4000 when planning your trip and we’ll let you know the current rates.
8.0 Large Capacity Vehicles
For the carriage of buses and other large capacity vehicles, the Company's liability is limited in accordance with the Merchant Shipping Act. Occupancy of large capacity vehicles are limited to the driver and one passenger. All others must engage the services of a passenger ferry. Exceptions are at the sole discretion of the Company.
9.0 Driver’s License
At the start of the journey, the driver of any vehicle must be in possession of a valid driver’s license. The driver may be required to present this upon demand.
10.0 Lost property
Queries concerning property left on board the ferry are to be referred to the Office. Call us at 340-779-4000 or email us at info@lovecitycarferries.com The Company will deliver forgotten property to the Police as soon as possible. Forgotten property that is perishable will be destroyed immediately. The Company shall not be liable for any loss resulting from forgotten property.
11.0 Complaints
Notification of damage to personal property, vehicles, or cargo shall be immediately directed to crew before departure.
Notification of mistakes in pricing shall be immediately directed to one of the crew, before departure.
Complaints about conditions on the crossing that are not resolved by contacting crew can be emailed to info@lovecitycarferries.com. Complaints must be accompanied by a ticket/booking number.
12.0 Adoption of Terms
Love City Car Ferries, Inc adopted the Terms of Carriage on August 7, 1997, as amended June 1, 2014, November 1, 2016, January 15, 2018, January 8, 2020, March 19, 2021, December 30, 2021 and January 5, 2023.
13.0 Carriage of Goods by Sea Act 1992
In general, these Terms of Carriage/Service, as well as the Terms of Carriage of Goods by Sea Act 1992, the Merchants Shipping Act, and the Maritime Limits of Liability Act apply.
14.0 Governing Law
This agreement is governed by national and international maritime laws and all litigation will commence in the Courts of the United States Virgin Islands. Mediation will be the first step in the resolution of any dispute.
15.0 Agreement
Terms of Carriage are referenced on Love City Car Ferries, Inc’s website, tickets, bookings, invoices and charge account applications. Customers are encouraged to read the Terms prior to any and all embarkation. Terms are subject to change at any time and the most recent version always applies to the next sailing. These terms will apply to any and all transactions for ferry carriage. Booking online and or the acceptance of carriage means the customer and/or his or her agent hereby adopts, accepts, and agrees to be bound by all the terms and conditions herein delineated.
Love City Car Ferries, Inc. Terms of Carriage as Referenced on Tickets, Charge Applications and Online.