Terms and Conditions

BC Ferries reserves the right to change these Terms at any time by posting amended Terms on www.bcferries.com. The amended Terms will be effective immediately, and by continuing to use the Services you agree to be bound by the amended Terms.

2.                    Separate Terms.

Separate terms and conditions will apply to Services provided by third party suppliers even if they are purchased through BC Ferries.  You acknowledge that some third party suppliers may require you to agree to their liability waiver before you can participate in the Services that they offer.  You agree to comply with any separate terms and conditions imposed on you and acknowledge that failure to do so may result in the cancellation of reservations, denial of Services, loss of pre-paid amounts or deposits, or the exercise of other rights BC Ferries or third party suppliers may have.

3.                    Use of Personal Information.

BC Ferries collects, uses, and discloses your personal information in accordance with the BC Ferries Customer Personal Information Protection Policy (the “Privacy Policy”).  The Privacy Policy is incorporated into these Terms and is available at www.bcferries.com/privacy_statement

By providing personal information to BC Ferries, you consent to the use of personal information in accordance with the Privacy Policy.  By purchasing Services, you are expressly agreeing that BC Ferries can provide your personal information to third party suppliers related to the Services that you purchased.

4.                    Access to Services.

You must be a minimum of eighteen years old to reserve or purchase the Services.  BC Ferries may without notice terminate or suspend your access to the Services for any reason, including if you use the Services in any manner that is prohibited by these Terms.  If BC Ferries provides you with notice of termination or suspension of your access and you subsequently book any Services, BC Ferries may cancel those bookings for Services without liability.

5.                    Taxes and Fees.

You agree that at the time of booking you will be charged any taxes, fees, surcharges or tariffs applicable to your reservation, including Goods and Services Tax, Harmonized Sales Tax, Provincial Sales Tax and Hotel Room Tax or any similar taxes as applicable. Fuel surcharges may also be charged in certain circumstances.

6.                    Cancellations, Changes to Services, No-Shows.

[1]  If you wish to cancel or change an existing reservation made through BC Ferries or if you do not use the Services at the time for which they are reserved the following apply: (i) if you cancel thirty-one (31) or more days prior to the date of the reserved Services, BC Ferries will refund the money you paid for the Services, less a $50 processing fee per booking; (ii) if you cancel between fifteen (15) and thirty (30) days prior to the date of the reserved Services, BC Ferries will refund you 50% of the total amount you paid for the Services, including taxes; (iii) if you cancel fourteen (14) or fewer days prior to the date of the reserved Services, none of the money you paid for the Services will be refunded; (iv) if you change your reservation thirty-one (31) or more days prior to the date of the reserved Services, BC Ferries will charge you a $50 processing fee per booking to make the change; (v) if you change your reservation between fifteen (15) and thirty (30) days prior to the date of the reserved Services, BC Ferries will charge you a $100 processing fee to make the change, plus any additional fees or other charges imposed by a third party supplier of the Services; (vi) you may not make any changes to reserved Services fourteen (14) or fewer days prior to the date of the reserved Services; (vii) in the event that the number of vehicles or individuals which wish to use the Services is greater than the number reserved, BC Ferries and/or its third party supplier will charge you for the additional vehicles and individuals;  in addition, you acknowledge that any vehicles or individuals exceeding the number reserved are not entitled to use the reserved Services and will only be provided with Services based on availability; refunds will not be provided if the vehicle or individual count is less than the number reserved; and (viii) subject to any permitted cancellations or changes as set out above, if you do not use the Services at the time for which they are reserved, none of the money you paid for the Services will be refunded.  Notwithstanding the foregoing, no refund will be provided if BC Ferries’ contractual obligations with a third-party supplier providing the Services do not allow BC Ferries to obtain a refund of sums paid by BC Ferries to the third-party supplier on your behalf.  Additional terms and conditions may apply to group bookings.  BC Ferries reserves the right to pass on any additional costs charged by its suppliers.  Similarly, BC Ferries reserves the right to impose or pass through fuel surcharges.  No right of cancellation exists in this circumstance.

7.                    Documentation, Insurance, Incidental Expenses.

You are solely responsible for determining what documentation you may be required to present in connection with your use of the Services, including a passport or other identification, visas or certificates.  BC Ferries will not be responsible for any loss you incur as a result of not carrying the required travel documentation. In addition, BC Ferries will not be responsible if you are refused entry in to any country, state, province or other jurisdiction for any reason.  You are solely responsible for the purchase of any travel or other insurance in connection with your use of the Services.  Insurance is not included in the Services.  Unless otherwise confirmed in writing by BC Ferries to you, you are solely responsible for the cost and payment of expenses that are incidental to the Services, such as phone charges, internet charges, gratuities, airport transfers and other incidental expenses.

8.                   No Warranties and No Liability .

You acknowledge and agree that the Services are provided on an “as is”, “without any warranties”, and “without any liability” basis. The parties to these Terms acknowledge and agree that this limitation on liability is reasonable in the circumstances.

BC Ferries AND ITS AFFILIATES do not guarantee the quality, accuracy, completeness, or timeliness of the Services or MATERIALS RELATED TO THE SERVICES, which may contain errors, including pricing errors and errors in the description of the travel products.

BC FERRIES EXPRESSLY RESERVES the RIGHT TO CORRECT ANY PRICING ERRORS ON PENDING RESERVATIONS.  this right applies regardless of whether your reservation has been confirmed or you have been charged for it.  in the case of a pricing error, bc ferries will offer YOU THE option TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR BC FERRIES WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

BC Ferries AND ITS AFFILIATES disclaim and exclude to the maximum extent permitted by applicable law, all warranties, representations, and conditions regarding use of the Services, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, or non-infringement, whether express or implied and whether arising from a course of dealing, usage, or trade practice.

BC Ferries AND ITS AFFILIATES ARE not responsible for any INJURY, ACCIDENTS, DEATH OR indirect, special, incidental, consequential, or punitive damages whatsoever arising out of or in connection with the use or the availability of the Services, including without limitation any business interruption, loss of use, lost data, lost profits, failure to realize expected savings, or any pecuniary loss, whether in an action of contract, civil liability, negligence, or other tortious action, even if BC Ferries OR ITS AFFILIATES HAVE been informed of the possibility of such damages or such damages are reasonable foreseeable.

THE THIRD PARTY SUPPLIERS PROVIDING SERVICes ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF bc ferries OR ANY OF ITS AFFILIATES.  BC FERRIES AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR AGENTS OF THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THIRD PARTY SUPPLIERS MAY IMPOSE TARIFFS AND CONDITIONS ON SERVICES THAT ARE UNKNOWN TO BC FERRIES.

BC FERRIES AND ITS AFFILIATES WILL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY LOSS OR DAMAGE OF BAGGAGE OR OTHER PROPERTY, DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL AND WILL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR FOR ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.

Where the limitation or the exclusion of certain types of damages is not allowed, the limitations, exclusions, and disclaimers in these Terms WILL not apply only if and to the extent that the laws of a competent jurisdiction requires liabilities beyond and despite the limitations, exclusions, and disclaimers in these Terms. “Force Majeure” means an event that is beyond the reasonable control and without the fault of BC Ferries or a third party supplier and includes, but is not limited to, acts of God, changes in the laws of British Columbia or Canada, governmental restrictions or control on imports, exports or foreign exchange, wars (declared or undeclared), fires, floods, storms, accidents to or breakdown of vessels, machinery or equipment, epidemics, quarantine restrictions, strikes (including illegal work stoppages or slowdowns), lockouts, labour shortages, freight embargoes, power failures OR A REFUSAL OF ANY THIRD PARTY PROVIDER TO PROVIDE THE SERVICES.

9.                    No Limit On Damages And Claims.

Notwithstanding any other provisions of these Terms, you acknowledge and agree that under no circumstances WILL the aggregate of BC Ferries’ liability IN RESPECT OF THE SERVICES exceed the CHARGES actually paid by you FOR the Services or, in the event that you have not paid any CHARGES in respect of the Services, a maximum of CDN $100.

Any cause of action that you may have arising out of or related to the Services must commence within one (1) year after the cause of action accrues.  Otherwise, unless and to the extent such limitation is prohibited by applicable laws, such cause of action is permanently barred.

10.                 Indemnity.

You hereby agree to indemnify and keep BC Ferries, its partners, affiliates and associates and their respective directors, officers, employees, or agents indemnified fully against all liabilities, damages, claims, losses, costs and expenses of any kind or nature, which they may incur to a third party or you as a result of your breach of the provisions of these Terms, your negligence or wilful misconduct, your misuse of the Services or your violation of any law or the rights of a third party.

11.                 Applicable Law and Jurisdiction.

These Terms are governed by the laws of British Columbia and the laws of Canada that apply in British Columbia.  Any dispute arising out of or in connection with your use of the Services will be referred to and finally resolved by arbitration administered by the BC International Arbitration Centre pursuant to its rules. The seat of the arbitration will be Vancouver, British Columbia..

12.             Miscellaneous.

You acknowledge that your breach (or attempt or threat to breach) of these Terms will cause irreparable harm to BC Ferries and that BC Ferries will have a right to seek an appropriate order from a court of competent jurisdiction restraining you from any further breaches (or attempted or threatened breaches).  You agree that the relationship between you and BC Ferries is one of independent contractors and that no relationship of joint venture, partnership, employment, fiduciary or agent exists between you and BC Ferries.  If any provision of these Terms is determined by any court of competent jurisdiction to be illegal or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.  These Terms of Service constitute the entire agreement between you and BC Ferries with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between us with respect thereto.  There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in these Terms.  The Privacy Policy, BC Ferries Conditions of Carriage, available at www.bcferries.com/Conditions of Carriage and the BC Ferries Rules and Requirements, available at www.bcferries.com/BCF-RulesandRequirements as well as any other policy or rules that apply to the Services, as amended from time to time, are incorporated by reference and are part of these Terms.  Check-in and check-out times vary by hotel and may not coincide with arrival and departure times. Refunds for unused services are not provided in the event of an early departure. If you decide to check out later than the specified hotel check-out time you are responsible to pay any additional charges that the hotel may impose directly to the hotel.  BC Ferries will forward requests for specific room types, bedding configurations and other room requests to the hotel however BC Ferries cannot and does not guarantee that the third party supplier will comply with the request.  BC Ferries will make reasonable efforts to ensure that the hotel information described in marketing and other materials related to the Services is current and accurate; however BC Ferries will not be responsible for changes to a hotel, its services or any inconveniences resulting from construction or maintenance at the hotel.