Capferry Booking Conditions

“We work with our partners conditions”

Capferry.com (the ‘Site’) compares prices and timetables for ferry and train journeys and allows you to book journeys. The Site is owned and operated by MS – SolveTech Company, Located in Tangier Morocco, registered under a commercial registry id: 121283, We currently work as an affiliate of Direct Ferries Limited, and others that have the cheapest prices, and guaranteed quality services for all services that we provide, we work as an affiliate program or partnership in services that we offer to you (“we” or “us”) and values you as our customer and recognizes that privacy is important to you.
We do not operate any ferry services, and any reservations made on our route (or on our route centers) for ferry trips are subject to these reservation conditions for ferry operators. this Privacy Statement explains how we collect, use, and disclose data when you use our platform and associated services, your rights in determining what we do with the information that we collect or hold about you, and tells you how to contact us.

1. Application

These Booking Conditions apply to all passenger bookings made for ferry and train journeys, through this Site or through our call centres, and replace all previous conditions. In these Booking Conditions: ‘You’ means the person making the booking; ‘Customer’ means each of the people for whom the booking is made, which may (but not necessarily) include You; ‘Services’ means the services offered by us, which include a ferry and train journey search service, a price comparison service and a booking service.

We may change these Booking Conditions from time to time, but any changes will not apply to any bookings that you have already made. You should save the Booking Conditions that apply when making a booking so that you can refer to them at a later date.

2. Parties

We do not ourselves operate any ferry or train services as such services are provided by the ferry and train operators (‘Operator(s)’). We operate a booking platform which enables you to search and book ferry and train journeys provided by Operators.

When you make a booking for a ferry or train, we act as an agent for the Operators except in relation to certain ferry or train services where we act as your agent in relation to searching and booking the ferry or train services. Where we act as your agent, you appoint us to source and where relevant book the ferry or train journeys as your agent on your behalf and you are our principal. In both cases (whether we act as your agent or the Operator’s agent) this means that you will be entering into a contract with the relevant ferry or train Operator, which will be the party responsible for providing the ferry or train service to you and you will be bound by the Operator Terms upon receipt of your confirmation advice note (for which see section 8 below).

Any booking that you make through our Site (or our call centres) for ferry or train journeys is made subject to: (i) these Booking Conditions, which set out the terms on which we provide our Services to you; and (ii) the terms of the Operators of the ferry or train services, which set out the terms on which the ferry or train service is provided to you by the Operators (‘Operator Terms’). The Operator Terms are made available to you before any booking is completed . You are responsible for familiarising yourself with the Operator Terms. In the event of any conflict or inconsistency between these Booking Conditions and the Operator Terms, the Operator Terms prevail.

The person who makes a booking using this Site or our call centre must have authority to make any booking on behalf of any other Customer. In making a booking, you confirm that each Customer agrees to be bound by these Booking Conditions. The person who makes a booking is responsible for his or her activities on our Site, and safeguarding any personal information provided, including passwords, names, passport and travel details. The person who makes the booking must ensure that all information provided by him or her is complete and accurate.

3. Fares and General Information

Fares are based on vehicle type (if any), the number of passengers, route(s), travel dates and times. Your booking may require Customers to depart and/or return at or within specified dates and times. If Customers do not adhere to such specified dates and times, they may be refused travel and/or have their booking specification and accommodation changed, and/or be subject to additional charges. In particular, the benefit of any promotional rates may be lost and full fares charged. Additional charges as contemplated in this paragraph may be debited to the credit or debit card that you used when making a booking, without further reference to you.

Vehicle and passenger space and on-board accommodation are subject to availability and may not always be available. Promotional fares are subject to additional special conditions including a general condition that if any portion of the itinerary is not used, we or the Operator reserves the right to apply additional charges to you. We have the right to vary all displayed fares including where Operators change their fares (including, but not limited to, for reasons of currency fluctuations, oil prices, changes in law) at any time until a booking is confirmed. If the price of your booking changes between placement of the order and confirmation, we will proceed to confirm the booking if the price has decreased (and only charge you the actual price), but we will contact you for instructions if the price has increased.

Items such as roof boxes/bike racks or any other items attached to a vehicle not forming part of the vehicle body will be charged an additional fee.

Not all of the Operators have facilities to accept bookings for people with disabilities or reduced mobility. Enquiries should be made at the time of booking whether the Operator has the facilities that any Customer requires.

4. Departure Schedules

All departure/arrival times are estimated by the Operator and are given as local times – please refer to your booking confirmation for details. You are advised to check with the Operator for any changes prior to commencing your journey. Sailing schedules may be interrupted and/or crossing times extended or cancelled due to adverse weather conditions and/or tidal conditions and/or other circumstances.

It may be necessary to use alternative ships or points of departure or arrival on any sailing or to change/withdraw the facilities/services available for various operational, technical or scheduling reasons.

We do not accept liability howsoever arising for any costs or inconvenience caused as a result of such circumstances, but we will try to notify you, if practical, using the contact details provided by you at the time of booking. The Operator Terms apply to any liability of the Operator in such circumstances.

5. Animals

The carriage of animals is only permitted if the Customer notifies us before making the booking. Any such carriage must be in accordance with any relevant legal requirements and the requirements of the Operator. A charge may be made for the carriage of any animals, and further conditions may be imposed. Please seek advice from your vet or the appropriate authority before making a booking. You are legally responsible for the animals and wholly responsible for obtaining any necessary documents, consents and permission.

6. Freight and Commercial Passenger Vehicles

Special conditions and tariffs apply to the carriage of freight and commercial passenger vehicles. The definition of what constitutes a freight vehicle and whether any special tariff applies is determined by the Operator in each case.

By way of guidance only, vehicles exceeding 6.5 metres in length, specifically constructed or adapted for the carriage of freight, whether carrying goods or not, are subject to special tariffs, as are any vehicles of other specification but which are carrying merchandise or travelling for a commercial purpose. In the event that a vehicle is booked as a car or private vehicle, but is determined by the Operator to be a freight vehicle, the full tariff rate will be charged and/or carriage will be refused without refund. For further information on freight tariffs and rates, please contact our freight department on (+44) 01473 370 915.

Commercial passenger vehicles exceeding 6.5 metres in length and constructed or adapted to carry 8 or more passengers and/or not classified as a private car by the ferry Operator may be subject to a different tariff. In the event that the vehicle is booked as a car or private vehicle, but is found to be a commercial passenger vehicle the full tariff will be charged and/or carriage will be refused without refund.

7. Hazardous Materials

Neither we nor the Operators will accept bookings for vehicles that are carrying dangerous or hazardous materials, including in certain circumstances vehicles powered by LPG. In certain circumstances written permission may be obtained from the Operator, but such permission may be subject to additional charges and conditions. You are responsible to the Operator for the carriage of such materials, whether declared or undeclared. In the event that you seek to carry undeclared dangerous/hazardous materials, carriage may be refused without refund.

8. Confirmation and Payment

Unless you have set up a credit account with us, you must pay for each booking at the time of booking, before a confirmation is issued. Payment can be made by credit card or debit card. Corporate/Commercial cards are subject to a 2% surcharge. Consumer credit cards issued by banks located outside the EEA are subject to a 2% surcharge.

When you contact us to make a booking, and have made full payment for all Customers covered by the booking, we will issue a confirmation advice note that sets out the details of your reservation and provides other information on the basis of the information that you have provided. The contract between you and the Operator(s) will only be formed once the confirmation advice note has been issued to you. If you have not received the confirmation advice note from us within 24 hours of making your booking, you should contact our customer services team through our online contact form.

We shall be under no obligation to issue a confirmation advice note after you have placed a booking with us if an issue arises which we reasonably conclude means that we are no longer able to confirm the booking. We will not issue such a confirmation if we discover an error in the pricing of the journey or if the journey is no longer available. If, for any reason, we are unable to confirm your booking, we will inform you of this and not process your booking further. We will then arrange for you to be refunded any part of the booking you have already paid, unless you decide to use that payment towards a different booking.

You agree that the data that we store in our information systems (or those of our service providers) constitutes proof of your booking and its details. If payment is made by debit or credit card the amount or balance due will be taken from that card at the time of booking.

Depending on the type of ticket selected and the number of passengers (and consequently the value of the ticket), a service fee will be added to the cost of the ticket. This will be displayed before you confirm the booking.

9. Cancellation

If the ticket purchased permits cancellation then the booking may be cancelled and cancellation fees will be charged in accordance with these Booking Conditions and the Operator Terms. Promotional or special offer tickets may not be refundable and you should check the Operator Terms and with us at the time of booking to understand whether additional conditions are attached to your ticket that may result in no refund being available.

Any cancellation by you will incur the following cancellation fee, plus any charges levied by the Operator.

Our cancellation fee will vary depending on whether you cancel your booking through your ‘My Account’ portal (“Online“) or by phone and/or email (“Offline“):

• For bookings cancelled Online: £10/€10 per booking (depending on the currency used for the booking).
• For bookings cancelled Offline: £45/€45 (depending on the currency used for the booking).

Any payment card charges applied to bookings are not refundable. Any deposit payments for bookings are not refundable. If the Customer does not undertake the ferry or train journey for which the booking is made, refunds will only be made to you in accordance with the relevant Operator Terms.

Free Cancellation (optional extra)

The free cancellation terms in this section shall only apply if you have selected and paid for the option of free cancellation during your booking.

• The free cancellation terms apply to the cancellation of the ferry travel element only 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.)
• You must select and buy free cancellation at the same time as the ferry booking
• Free cancellation terms will only apply to the individual ferry booking it is made on
• In the event you are booking multiple trips on different booking references, the option must be selected separately for each booking
• Free cancellation cannot be removed from a booking [and costs refunded] at any point after purchase.
• Cancellation requests must be received at least 48 hours prior to the sailing time. Refunds cannot be processed on any cancellations received after this point or on unused ferry bookings.
• Cancellations can only be made on the full booking. It is not possible to cancel one leg of the trip only.
• In the event you need to cancel your booking, please login to the ‘My Account’ section of the website.
• Direct Ferries reserves the right to charge an admin fee of £15 per booking in the event multiple bookings are made for the same crossing period for the same vehicle.

Koala – Cancel for Any Reason / Cancel without Reason (optional extra)

The Cancel without reason service allows passengers to cancel their booking up to 2 days (48 hours) before the outbound departure of their booking, without having to give any reason or provide any justification.

Article 1 – What the Cancel without reason service includes

• You will be refunded 70% of the cost of your ferry tickets (including the cost of the Cancel without reason service).
• By using Cancel without reason, you cancel the trip of all the passengers and/or vehicles included in your booking.

Article 2 – What the Cancel without reason service does not include

• The Cancel without reason service cannot be used:
  • In the event of cancellation on your own initiative occurring less than 2 days (48 hours) before the outbound departure of your booking ;
  • If your tickets are cancelled by Direct Ferries or the ferry operator. In these two cases, the cost of the Cancel without reason service is not refundable.

Article 3 – Cost of the Cancel without reason service

• At the time of booking your trip, you have the option of purchasing the Cancel without reason service for an additional charge on your ferry tickets which will be presented to you at the time of purchase.

Article 4 – How do I get a refund?

• 1/ Log on to your Direct Ferries My Account interface at least 2 days before the outbound departure;
• 2/ Select the booking you wish to cancel and confirm the cancellation of your booking ;
• 3/ You will be refunded to the payment method used for your booking within 5 working days.
• Direct Ferries may decide to ask for additional documents if necessary or in case of suspected fraud or swindling.

Article 5 – Commencement and duration of the Cancel without reason service

• The Cancel without reason service takes effect upon confirmation of the purchase of the Cancel without reason service, subject to payment of the total price of your reservation or the first deposit required by Direct Ferries. In the event that the payment of your reservation or of the first deposit required is found to be insufficient or rejected by the bank for any reason whatsoever, the Cancel without reason service will not be effective. You may not have more than 2 Cancel without reason services at the same time per person per year. Direct Ferries reserves the right to cancel the purchase of the Cancel without reason service and to refund your bank account if this limit is exceeded. The Cancel without reason service ends 2 days (i.e. 48 hours) before the outbound departure.

Article 6 – Exception to the right of withdrawal

• You acknowledge that you have been informed in advance, by the present General Terms and Conditions of Sale, that the right of withdrawal cannot be applied to the Cancel without reason service. Indeed, the Cancel without reason service starts immediately after its purchase and can be fully executed immediately and before the end of the withdrawal period, thus not allowing you to benefit from it. Therefore, you waive your right of withdrawal.

10. Amendment Fees

You may only make an amendment to a booking at the Operator’s discretion and if the Operator Terms which apply to your ticket(s) permit it. Some bookings, such as promotional or special fares, cannot be amended. Some bookings may be subject to an Operator amendment fee plus any difference between the fare that you booked and the new fare. You should check the Operator Terms and with us at the time of booking to understand whether your booking can be amended.

All amendments made by you will incur the following administration charge, plus any charges levied by the Operator. Our amendment charge will vary depending on whether you cancel the booking Online or Offline (see clause 9 for these definitions):

• For amendments made Online: £10/€10 per booking (depending on the currency used for the booking).
• For amendments made Offline:
  • If the total cost of the booking was less than £100/€100 (depending on the currency used for the booking) – £30/€30
  • If the total cost of the booking was more than £100/€100 (depending on the currency used for the booking) – £45/€45.

11. Check in

Latest check-in times are as stated during the booking process and also on the booking confirmation. If a Customer is not ready to board the ferry or train by the latest check-in time, boarding cannot be guaranteed as waiting lists may have been accepted. If a Customer has special requirements, or has received our permission to carry animals or dangerous goods, generally that Customer is expected to check in earlier as stated on the booking confirmation.

The Operator has absolute discretion as to whether or not to accept any passenger, their vehicle or luggage on board. Each Customer must have all the necessary travel documents to enter the countries which he or she intends to visit and for re-entry into the country of departure.

You are responsible for ensuring that the name on each Customer’s passport matches the name on the ticket, otherwise, the Customer may not be able to travel and any travel insurance may be invalid. If any Customer changes his or her name between the date of the booking and the date of travel (for example, following marriage), you must notify us through our online contact form.

12. Your responsibility

You are responsible to the Company and the Operator for fully complying with these Booking Conditions, the Operator Terms and any additional requirements imposed by the Operator or by law. You are also responsible for providing full and accurate information about your booking, including the vehicle and passengers.

13. Compulsory Law

Your booking is subject to any compulsory law or convention applicable to the ferry or train booking and your attention is specifically drawn to the Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea 1974, which both imposes obligations on the carrier and limits their liability. In respect of train, which is not operated by a carrier of passengers by sea, the Athens Convention does not apply.

14. Events beyond the parties’ reasonable control

If an unforeseen event, which is beyond the control of the Operator, or us, and therefore could not have been avoided by us or the Operator taking all due care, significantly impedes the travel which has been booked, then either we or you can terminate the contract. For the avoidance of doubt, an unforeseen event may include (but is not limited to) warfare, other serious problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, 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.

15. Our liability

We are not responsible for the ferry or train services the Operators provide. We are responsible for:

• the provision of the Services; and
• the accuracy of information that we provide.

We are not responsible for information not published by us, including information published on Operator websites, nor incorrect information given to us by the Operators.

Your contract for the provision of the journey will be between you and the Operator and the Operator Terms will apply. Therefore, we will not be in any way responsible for the provision or performance of the journey. We are not liable for any loss or damage that you suffer as a result of the Operator’s failure to perform the journey or its improper performance of the journey, including where this is the result of an Operator having become insolvent or otherwise having ceased trading. We will not be obliged to provide you with a refund in such circumstances. To protect against this risk, we would recommend that you take out travel insurance which includes cover for End Supplier Failure. You should read any travel insurance policy which you decide to purchase carefully so that you are fully aware of the risks which you are protected against under the policy.

If you have any queries or concerns about the journey you have booked, please contact the Operator of the journey directly.

16. Limitation of Liability

We do not limit our liability for (i) loss caused by our fraud or fraudulent misrepresentation (ii) loss arising from death or personal injury caused by our negligence; or (iii) any other loss that may not be excluded or limited by applicable law. In all other respects, we shall be liable only for losses which arise directly: (a) from our breach of a legal duty of care; or (b) are a result of our breach of these Booking Conditions, and that liability is at all times limited to a sum equivalent to twice the amount paid by you for a booking, in respect of the relevant Customer.

Claims against us for compensation are limited or excluded insofar as international treaties or other legal regulations that limit or exclude liability apply to the arrangements to be provided. Liability for sea transportation is governed by the applicable stipulations of international treaties including the Athens Convention. That treaty limits the liability of the Operator for shipping incidents and fault or negligence.

17. Complaints

You must make any complaint about the Service promptly and at the latest, within 14 days of the completion of your booking, by contacting us by post or by email to contact@capferry.com.

You can also access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us. It will not determine how your complaint should be resolved.

If you have a complaint about something that took place during your journey, please contact the Operator directly to resolve this issue using the details set out on our Site.

18. General

These Booking Conditions are governed by the laws of England and Wales. You agree that the English Courts shall have jurisdiction to hear and determine any dispute arising from the interpretation of these terms. However, you may choose the law and jurisdiction of Scotland or Northern Ireland if that is where you live.

If any provision (or part of a provision) of these Booking Conditions is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part shall, to the extent required, be deemed not to form part of this agreement with you and the validity and enforceability of the other provisions shall not be affected.

Cancel for any reason

• You must select & buy Cancel for any reason at the same time as the ferry booking
• Cancel for any reason terms will only apply to the individual ferry booking it is made on
• In the event you are booking multiple trips on different booking references, the option must be selected separately for each booking
• Cancel for any reason cannot be removed from a booking [& costs refunded] at any point after purchase.
• Cancellation requests must be received at least 48 hours prior to the sailing time. Refunds cannot be processed on any cancellations received after this point or on unused ferry bookings.
• Cancellations can only be made on the full booking. It is not possible to cancel one leg of the trip only.
• In the event you need to cancel your booking, please login to the ‘My Account’ section of the website
• The Cancel for any reason terms apply to the cancellation of the ferry travel element only & the terms do not extend to any other elements of the trip (e.g. hotel reservation, car hire, breakdown products, card fees etc)
• Our provider reserves the right to charge an admin fee of £15 per booking in the event multiple bookings are made for the same crossing period for the same vehicle.