Ferry Notes to Passengers Shun Tak-China Travel Shipping Investment Ltd. EXCEPTIONS AND LIBERTIES : 1. Substitution of Vessel The Carrier is at liberty to substitute any vessel for the Vessel (whether named on the ticket or not) scheduled to sail at the time stated on the ticket from the port of embarkation named thereon, whether owned by itself or not, of the purpose of fulfilling this contract whether wholly or in part. 2. Voyage The Vessel may at any time whatsoever whether before or after embarkation proceed by any route whatsoever in the Carrier's or Master's absolute discretion (whether or not such route is the customary, direct or advertised route between the ports of embarkation and disembarkation) any may tow or be towed or sail at reduced speed for any purpose whatsoever, and carry live animals and every description of cargo on or below deck, including contraband, firearms and ammunition, explosives, munitions or warlike stores or dangerous cargo of every kind, and may proceed to or stay at any port or place whatsoever (although in a contrary direction or out of or beyond the customary or intended or advertised route to the port of disembarkation once or more often in any order backwards or forwards) for any purposed whatsoever, whether or not connected with the voyage, and even if making in substance another voyage or voyages. 3. Failure to Land If for any reason whatsoever, the Passenger or any other Passenger for whom he is responsible is prevented from disembarking or fails to disembark at the port of disembarkation named in the ticket or substituted hereunder the Carrier may carry such Passenger to any other port on return him to the port of embarkation in the sole discretion of the Carrier. If such conveyance is effected in any Vessel operated by the Carrier the Passenger shall pay additional passage money thereof. The Passenger shall further indemnify the Carrier against any expenses incurred by the Carrier directly in consequence of such prevention form disembarking or failure to disembark. 4. Omission to Call to Port If, in the opinion of the Master of the Vessel or the Carrier, entry into the port of disembarkation may result in inconvenience, delay, damage, or danger either to the Vessel or any Passengers or cargo for any reason whatsoever (including without prejudice to the generality of the foregoing restriction, epidemic and whether actual or threatened strikes), the Vessel may omit to call at the port of disembarkation named on the passage ticket and may carry the Passengers forward or backward to any other port in the Carrier's sole discretion and land them and their luggage there. 5. Special Orders (1) The Vessel shall have liberty to comply with any orders, directions, recommendations or warnings as to departure, arrival, routes, destinations, zones, waters, delivery, embarkation or disembarkation, or in any otherwise whatsoever or howsoever given by the Government of the nation under whose flag the Vessel sails or any other Government or local authority, including any de facto Government or local authority, or by any person or body acting or purporting to act as or with the authority of any such Government or authority or by any Committee or person having under the terms of the Vessel's war risks insurance the right to give any such orders, directions, recommendations or warnings. (2) If by reason of or in compliance with any such orders, directions, recommendations or warnings, the Vessel does not proceed to or is diverted from the port of disembarkation originally designated or to which she may have been ordered pursuant to the contract contained in the passenger ticket, the Vessel may proceed to any safe port of disembarkation which the Master or Carrier in his or its discretion may decide on and there disembark the Passenger and land his luggage. All extra expenses involved in reaching and disembarking and/or landing at any such other port of disembarkation shall be paid by the Passenger. 6. Sickness (1) No person (whether the holder of a ticket or not) with any infectious or contagious disease, or for any reason is likely to impair the health, safety or reasonable comfort of other persons shall embark on board the Vessel without fully declared his condition of the Carrier in writing and that prior written consent of the Carrier to such embarkation has been obtained. (2) Person suffering from any medical condition (including pregnancy), sickness, disease, injury or infirmity, bodily or mental is strongly advised to disclose his condition to the Carrier in writing at least [three (3) hours] before the scheduled sailing time in order to enable the Carrier to make special arrangement for carriage of such person, if necessary, and such person shall comply with all reasonable instructions and directions given by the Carrier in relation to his carriage. (3) If any such person shall nevertheless embark or allow any such person for whom he is responsible to embark without such consent or disclosure as aforesaid having been obtained or made: a. the Carrier shall not be liable for any loss of life or personal injury which he or the person for whom he is responsible may suffer, or for complication or aggravation of the sickness, disease, injury or infirmity, in consequence of such medical condition, sickness, disease, injury, infirmity or exposure. b. he shall indemnify the Carrier against all loss, damage and expense incurred directly or indirectly by the Carrier in consequence of such medical condition, sickness, disease, injury, infirmity or exposure, including any claims made against the Carrier howsoever and whomsoever arising, and any costs of defending the same, which the Carrier may incur or pay to third parties arising out of the embarkation of such person on the Vessel. (4) If the Passenger for any reason whatsoever, including (but not limited to) any medical condition, sickness, disease, injury or infirmity, bodily or mental, reasonably appears to the Carrier or to Vessel's Master or crew to be: a. unfit to proceed, likely to endanger health or safety on board, or likely to impair reasonable comfort on board: and/or b. likely to be refused permission to land at his port of destination: then in such case, the Carrier may at its discretion refuse to embark or disembark such Passenger at any particular port, and may disembark him at any port. In case the Passenger is refused embarkation or is disembarked, no part of his passage fare shall be refunded and the Carrier shall not be liable for any loss or expense occasioned to the Passenger thereby: provided however that unless the Passenger is in breach of clause 6.1 or 3. hereof the Carrier shall with reasonable diligence endeavor to resell any private cabin accommodation reserved by the Passenger (if any) and will pay to the Passenger the sum realized from any such resale, less reasonable costs to the Carrier occasioned by the action as hereinbefore provided and by efforts to resell the space. (5) Each Vessel carries normal medical supplies in accordance with the requirements of the Hong Kong Marine Department and the Chief Port Health Officer. In the absence of any special prior arrangement made with the Carrier, the latter shall have no obligations whatsoever to have other special medical supplies on board the Vessel and there is no warranty that the medical supplies are suitable or fit for particular purposes. Passengers making use of such supplies do so at their own risk and the Carrier shall not be liable for any loss of life or personal injury or any other consequence whatsoever arising out of or in connection with the absence of special medical supplies on board the Vessel and/or improper use or application or omission to use or apply any such medical supplies. 7. Dangerous Goods Subject to clause REGULATIONS No.11, the Passenger warrants that no goods brought aboard by him whether in his luggage or otherwise are contraband arms ammunition prohibited by any Government, or are goods of a dangerous nature or such as to endanger the health or safety of other Passenger or which may otherwise are contraband arms ammunition prohibited by any Government, or are goods of a dangerous nature or such as to endanger the health or safety of other Passenger or which may otherwise constitute a nuisance, and will be absolutely responsible for and will fully indemnify the Carrier against any detention of the Vessel and any penalties, fines, expenses, loss damage or liability of whatsoever kind resulting from a breach of this warranty. Etc. 8. Everything to Form Part of Contract Voyage Anything done or not done by reason of or in compliance with clauses 1 to 7 hereof shall be done or not done as part of or as the case may be in fulfillment of the contractual and intended voyage and of the Carrier's obligations hereunder. In the case of transshipment or disembarkation or landing of the Passenger and/or his luggage or other goods in pursuance of any of the liberties accorded in clauses 3.1. to 3.7. hereof, the Carrier shall cease to be under any obligation to forward the Passenger or his luggage to the port of disembarkation named in the passage ticket and all the remedies and rights of the Carrier, its servants or agents shall have effect accordingly and nothing so done or not done shall constitute a deviation, and all the obligations of the Carrier shall be deemed to have been duly fulfilled and the passage fare earned in full. 9. Lien The Carrier shall have a lien on the Passenger's luggage and other goods for any passage fare or other charges unpaid or any other debts whatsoever due to the Carrier under the terms of this contract. 10. Liability and Exemption (1) The liability of the Carrier for death or personal injury of the Passenger or for loss of or damage to his luggage shall, if the incident causing such death, injury, loss or damage occurred on board or during embarkation or disembarkation of the Passenger, be determined in accordance with the Athens Convention, as enacted in the Hong Kong Special Administrative Region, together with any modifications to such Convention having the force of law in the Hong Kong Special Administrative Region. The Carrier shall be entitled to all the rights, privileges, exceptions, limitations and immunities conferred by the Athens Convention enacted as aforesaid, or by any other legislation in force in the Hong Kong Special Administrative Region or elsewhere, and nothing herein contained shall be deemed to be a waiver of any such rights, privileges, exceptions, limitations and immunities. (2) The Carrier shall not be liable for any claims for damage to or loss of luggage of the Passenger unless full particulars thereof in writing are given to the Carrier or its agent: a. in the case of apparent damage to the luggage: for Cabin Luggage, before or at the time of disembarkation of the Passenger, and for all other luggage before or a the time of its redelivery; b. in the case of damage to luggage: which is not apparent, or loss of luggage: within fifteen days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place (as the case may be). References to loss of or damage to luggage shall include any pecuniary loss resulting from delay in redelivery of luggage to the Passenger, in accordance with and subject to the applicable provisions of the Athens Convention. (3) The Carrier shall not be liable in an amount exceeding the amount specified in Article 7 paragraph 1 of the Athens Convention per Passenger per carriage in respect of loss of life or personal injury, or the following amounts in respect of loss of or damage to property: a. in the case of Cabin Luggage including Valuables, the amount specified in Article 8 paragraph 1 of the Athens Convention per Passenger, per carriage; b. in the case of vehicles including all luggage carried in or on the vehicle, the amount specified in Article 8 paragraph 2 of the Athens Convention per vehicle, per carriage; c. in the case of all other property, the amount specified in Article 8 paragraph 3 of the Athens Convention per Passenger, per carriage. Provided always that the liability of the Carrier as stated above shall be subject to the applicable deductible specified in Article 8 paragraph 4 of the Athens Convention, such sum to be deducted from the loss or damage. The liability of the Carrier as stated above shall be further reduced in proportion of any contributory negligence by the Passenger. (4) The Carrier's liability shall not exceed the amount of proven damages. The Carrier shall furthermore not be liable for indirect or consequential loss or damage. (5) The Carrier shall in no circumstances whatsoever be responsible for death, injury or sickness of any Passenger or for loss of or damage to luggage caused by any incident occurring prior to embarkation or after disembarkation, however such death, injury, sickness, loss or damage be caused and whether or not resulting from unseaworthiness or unfitness of the Vessel, any quay, landing stage or other premises or property owned or used by the Carrier or its servants or agents and/or from the neglect or default of the Carrier or its servants or agents. (6) Any claim which is not covered by the Athens Convention must be notified in writing to the Carrier or its agent within one month of the date of disembarkation or of the date when the claimant first had knowledge of the material facts giving rise to the claim, whichever date is the later, and any action thereon must be commenced within two years of such date. Unless these time limits are complied with the Carrier shall be under no liability to the Passenger whatsoever. Any action or proceeding covered by the Athens Convention shall be time-barred after a period of two years in accordance with the applicable provisions of such Convention. (7) The provisions of clauses 10.1 to 10.6 inclusive above, whichever may be applicable, shall extend to any auxiliary contract, supply or service of whatsoever nature including, but without limitation, the sale or supply of food, drink, medicines or any other goods or services whatsoever to the Passenger any express or implied condition or warranty, statutory or otherwise, by which the Carrier or its servants or agents might otherwise held liable to the Passenger, is hereby excluded. (8) The obligation of the Carrier in the case of cancellation of or delay to any sailing or the cancellation of any ticket shall be limited to the return of the fare in accordance with clause 2.4. In no circumstances whatsoever shall the Carrier be under any other liability to the Passenger for any delay prior to embarkation or on the voyage. (9) Every condition, limitation, exception and liberty herein contained and every right, exemption from or limit of liability, defense and immunity of whatsoever nature applicable to the Carrier shall also be available and extend to protect every servant or agent of the Carrier (including every independent contractor from time to time employed by the Carrier), and, for the purposes of this clause, the Carrier is contracting with the Passenger as agent of and trustee for such servant and agent, who shall be deemed to be parties to the contract contained in the passage ticket. The aggregate of the amounts recoverable from the Carrier and such servants and agents in respect of the liabilities specified in clause .10.3 shall not exceed the applicable limits specified in such clause, and the Carrier shall be entitled to be paid on demand any sum recovered or recoverable by the Passenger from such servants or agents in excess of those limits. 11. Overriding Law and Variations (1) To the extent that any provision contained or referred to herein is contrary to anything contained in the Athens Convention, as enacted in the Hong Kong Special Administrative Region together with any modifications to such Convention having the force of law in the Hong Kong Special Administrative Region, where applicable, or to any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall be apply. The invalidity of any such provision shall not affect the validity of any other provision contained or referred to herein. (2) No person other than a director of the Carrier has authority to vary these Terms and Conditions and no such variation shall be in effect unless in writing.