Terms And Conditions

Terms & Conditions - Website use.

Welcome to bcferriesvacations.com (the “Website”), which is operated by BC Ferries Vacations, a division of British Columbia Ferry Services Inc. (“BC Ferries”).  Please, carefully and completely, read the following terms and conditions (the “Terms”), which form an agreement between you and BC Ferries.  Any information, services or products provided by BC Ferries or third party providers (the “Services”) on or in connection with this Website are provided to you subject to these Terms, which include important limitations, exclusions and disclaimers that affect your rights.  Other terms and conditions will apply specifically to bookings made through BC Ferries Vacations on this Website or otherwise – see “Separate Terms” below.

By using this Website or the Services, you agree to be bound by these Terms.  If you do not agree to these Terms, do not use this Website or the Services.

1. Changes to Terms.

BC Ferries reserves the right to change these Terms at any time by posting amended Terms on www.bcferriesvacations.com. The amended Terms will be effective immediately, and by continuing to use the Website and/or the Services you agree to be bound by the amended Terms.  We encourage you to periodically revisit this page to review the Terms as modified from time to time.

2. Separate Terms.

(a)          Bookings for transportation, accommodation and other travel services made through BC Ferries’ BC Ferries Vacations division are subject to specific terms and conditions pertaining to travel bookings, which terms and conditions  are available  at bcferriesvacations.com/terms_and_conditions
(b)          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 terms and conditions (including liability waivers) before you can use or 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. Collection, Use and Disclosure of Personal Information.

Where applicable, BC Ferries collects, uses, and discloses your personal information as authorized by the Freedom of Information and Protection of Privacy Act and as set out in the BC Ferries website privacy statement (the Privacy Statement”).  The Privacy Statement is incorporated into these Terms and is available at bcferries.com/about/privacy_statement.

BC Ferries collects, uses and discloses your personal information for the purpose of providing requested information to you and, where applicable, rendering vacation planning and reservation services.  By providing personal information to BC Ferries, you consent to the use and disclosure of personal information as set out in these Terms and in accordance with the Privacy Statement.  By using the Website or purchasing Services, you are expressly agreeing that BC Ferries may provide your personal information to third party suppliers related to the Services, if any, that you purchased.  If you have questions about the collection, use or disclosure of personal information for the stated purpose, contact our agent at 1-888-223-3779, ext 3.

4. Access to Services.

You must be a minimum of nineteen years old to reserve or purchase any Services.  BC Ferries may, without notice, terminate or suspend your access to the Website or Services for any reason, without any liability to you or any other person, including if you breach any provision of this Agreement or 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.  If BC Ferries terminates your right to use this Website, this Agreement will nevertheless continue to apply and be binding upon you in respect of your use of this site prior to the termination of this Agreement, any information or materials obtained by you from this Website, and anything connected with, relating to or arising from those matters.

5. Trademarks and Copyright.

Trademarks:  BC Ferries’ trademarks and official marks are valuable assets and BC Ferries takes any unauthorized use of them very seriously.  All names, marks, brands, titles, slogans, logos, icons, graphics, trade dress or trade names, designs and other designations within this Website are registered and unregistered trademarks (or, in some cases, Official Marks) of BC Ferries and, in some cases, other parties (collectively, “Trademarks”) in Canada and other countries.
Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of BC Ferries or such party that may own such Trademark.  Unauthorized use of any Trademark, or any other content owned by BC Ferries and displayed on this Website is strictly prohibited.

Copyright:  All contents of this Website, including information in all forms, text, logos, graphics, images, software, icons and other elements, are the exclusive property of BC Ferries or, as applicable, its suppliers and partners, and are protected under copyright laws.  All rights are reserved.  The content of this Website shall only be copied for personal, non-commercial use (and only provided you do not modify it or alter or remove any marks, disclaimers or copyright or trademark notices) and may not be copied, reproduced, imitated, republished, uploaded, posted, transmitted, modified or distributed in any form or by any means whether electronic, mechanical, printed, photocopied, recorded or otherwise, for any other purpose in whole or in part without the prior written permission of BC Ferries.  Any infringement of BC Ferries’ rights will result in appropriate legal action.

6. Links to Other Sites.

From time to time this Website may provide hypertext links to other worldwide websites not maintained by or related to BC Ferries.  These hypertext-linked sites are entirely independent of this Website and shall not in any manner be construed as having any affiliation with or endorsement, representation or warranty by BC Ferries of such site or entity or its respective products, services, information, materials, opinions or links to other sites.  BC Ferries does not review or monitor such websites and is not responsible or liable for the content or accuracy thereof.  The reproduction and use of any content linked-to is subject to the conditions that the respective website owners may impose, and is at your own risk.  You are encouraged and advised to review the posted terms and conditions of all websites you visit.

7. No endorsement of Third Party Businesses or Services.

The information provided on this Website is for information and reference only.  BC Ferries does not provide any endorsement or recommendation of any third party’s facility, business or event identified on this Website or make any claims, representations or warranties as to their reliability, financial condition or suitability for a particular purpose.

8. Submissions to this Website.

Subject to our Privacy Statement, all questions, comments, suggestions and other communications provided by a user regarding the content of this Website or any BC Ferries document shall be deemed to be non-confidential and BC Ferries shall have no obligation of any kind with respect to any such communication, and shall be free to reproduce, use disclose and distribute such communication or otherwise without limitation.  Furthermore, BC Ferries shall be free to use any ideas, concepts, techniques, or know-how contained in any such communication for any purpose, including but not limited to development, manufacturing and marketing products, or offering services, which incorporate such information.

From time to time you may be required to submit information through this Website.  All information you provide through this Website must be true, accurate, and complete.  BC Ferries will rely on the information you provide.  If you submit incorrect or incomplete information, you will be responsible for any loss, damage, or additional costs you, BC Ferries, or others may incur as a result.

9. NO WARRANTIES AND NO LIABILITY.

 YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE AND 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 WEBSITE, THE SERVICES OR ANY MATERIALS RELATED TO THE SERVICES, WHICH MATERIALS 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 THE WEBSITE OR ON PENDING RESERVATIONS.  THIS RIGHT APPLIES REGARDLESS OF WHETHER A RESERVATION HAS BEEN CONFIRMED OR THE CUSTOMER HAS BEEN CHARGED FOR IT.  IN THE CASE OF A PRICING ERROR, BC FERRIES WILL OFFER THE CUSTOMER THE OPTION TO KEEP THE PENDING RESERVATION AT THE CORRECT PRICE OR BC FERRIES WILL CANCEL THE 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 OR DEATH, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR 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 REASONABLY FORESEEABLE.

THE THIRD PARTY SUPPLIERS PROVIDING SERVICES OFFERED ON THE WEBSITE 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 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 REQUIRE LIABILITIES BEYOND AND/OR 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.

10. 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 WEBSITE OR 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.

11. Indemnity.

You hereby agree to indemnify and keep BC Ferries, its partners, affiliates and associates and their respective directors, officers, employees and 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.

12. Viruses.

BC Ferries assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property as a result of your use of the Website or your downloading of any data, text, images, files or other materials from this Website.

13. Applicable Law and Jurisdiction.

These Terms are governed by the laws of British Columbia and the laws of Canada that apply in British Columbia. 

14. Dispute Resolution.

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. If for any reason this arbitration clause is deemed inapplicable or invalid, you waive, to the fullest extent allowed by law, any claim to recover punitive or exemplary damages and any right to pursue any claim on a class or consolidated basis or in a representative capacity.

15. 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).  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 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.  Other than as referred to above under “Separate Terms”, 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 Statement, BC Ferries’ Conditions of Carriage, available at bcferries.com/files/PDFs/Conditions_of_Carriage(PDF) and the BC Ferries Rules and Requirements, available at bcferries.com/files/PDFs/BCF-Rules_and_Requirements(PDF) as well as any other policy or rules that apply to any Services, as amended from time to time, are incorporated by reference and are part of these Terms.  The products, services, activities and events referred to on this Website may not be available at all times of the year or in all geographic regions.

BC Ferries Vacations Consumer Protection # 48839


If you have any questions about this Website, please email us at vacations@bcferries.com


Terms and Conditions of BC Ferries Vacations Bookings

The following terms and conditions (the “Terms”) form an agreement between you and British Columbia Ferry Services Inc. (“BC Ferries”) in relation to any travel, tour, transportation, accommodation or other product or service which you purchase through BC Ferries Vacations (a division of BC Ferries), whether by telephone, Internet, in person at a BC Ferries Vacations travel centre, or otherwise (the “Services”).  Please carefully and completely read these Terms, which (except as specifically noted below) apply to any and all Services provided by BC Ferries or third-party providers and which include important limitations, exclusions and disclaimers that affect your rights.

These Terms do not apply to transportation-only ferry reservations, which are not booked as part of a package. BC Ferries’ reservations terms and conditions apply to such bookings.  

By using Services, you agree to be bound by these Terms.  If you do not agree to these Terms, do not use the Services.

1. General.

Unless specifically stated otherwise, all prices are quoted in Canadian dollars, are per person based on double occupancy and exclude taxes, fees and surcharges.  Prices and information are subject to availability and subject to change without notice.  Please note the following:

  • BC Ferries reserves the right to pass on any additional costs charged by its suppliers.
  • BC Ferries strongly recommends that you purchase cancellation insurance.
  • Prices for single, triple, quad and child are available upon request.
  • "Car" rates are applicable to passenger vehicles up to 20 feet in length.
  • Vancouver Mainland to Vancouver Island is in reference to any of the following BC Ferries sailing routes: Tsawwassen-Swartz Bay, Tsawwassen-Duke Point, Horseshoe Bay-Nanaimo.  Vouchers are not interchangeable between routes.  Vouchers are only valid on the route and date shown.
  • Check-in and check-out times vary by accommodation property 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 check-out time, you are responsible to pay any additional charges that the property may impose directly to the property. See also Section 3.
  • BC Ferries will forward requests for specific room types, bedding configurations and other room requests to the booked property, however, BC Ferries cannot and does not guarantee that the third-party supplier will comply with the request. 
  • BC Ferries makes reasonable efforts to ensure that the property 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 property, its services or any inconveniences resulting from construction or maintenance at a property. 
  • Some restrictions may apply to certain bookings; Please call 1-888-223-3779 for further details.

 

2. 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, Hotel Room Tax and any other taxes as applicable.  Fuel surcharges may also be charged in certain circumstances.

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

If you wish to cancel or change an existing travel package reservation made through BC Ferries Vacations or if you do not use the Services or products provided by BC Ferries or third party providers at the time for which they are reserved, the following apply:

(a) Cancellations:

Packages including travel on a Northern route:

(i)    Subject to subsection (vi), if you cancel seven (7) or more full days prior to the date of the reserved Services, BC Ferries will refund the money you paid for the Services, less a $100 processing fee per booking.

(ii)    If you cancel fewer than seven (7) full days prior to the date of the reserved Services, none of the money you paid for the Services will be refunded.

(iii)    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.

Packages including travel on a Major and/or Minor route:

(iv)    Subject to subsection (vi), if you cancel three (3) or more full days prior to the date of the reserved Services, BC Ferries will refund the money you paid for the Services, less a $25 processing fee per booking.

(v)    If you cancel fewer than three (3) full days prior to the date of the reserved Services, none of the money you paid for the Services will be refunded

(vi)    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.

(b) Changes:

(i)    Subject to subsection (vi), if you change your Northern package reserved services seven (7) or more full days prior to the date of the reserved Services, BC Ferries will charge you a $25 processing fee per booking to make the change.

(ii)    Subject to subsection (v), if you change your Major or Minor package reserved services three (3) or more full days prior to the date of the reserved Services, BC Ferries will charge you a $25 processing fee per booking to make the change.

(iii)    You may not make any changes to reserved Northern Services fewer than seven (7) full days prior to the date of the reserved Services; You may not make any changes to reserved Southern Services fewer than three (3) full days prior to the date of the reserved Services.

(iv)    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 any additional vehicles and/or 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.

(v)    In the event that the price of the changed Services is greater than the price of the reserved Services, you will be responsible for any additional charges which occur because of the requested change.

(vi)    Notwithstanding the foregoing, changes to reservations may not be possible if BC Ferries’ contractual obligations with a third party supplier providing the Services (or that supplier’s policies) do not allow for changes at the time the request is made.  Additional terms and conditions may apply to group bookings.

(c) No-Shows:

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.

4. 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 into 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 fees, charges and incidental expenses.

5. 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 MATERIALS 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 OR 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 REASONABLY 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 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 REQUIRE LIABILITIES BEYOND AND/OR 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.

6. 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.

7. Indemnity.

You hereby agree to indemnify and keep BC Ferries, its partners, affiliates and associates and their respective directors, officers, employees and 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.

8. Applicable Law and Jurisdiction.

These Terms are governed by the laws of British Columbia and the laws of Canada that apply in British Columbia

9. Dispute Resolution.

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. If for any reason this arbitration clause is deemed inapplicable or invalid, you waive, to the fullest extent allowed by law, any claim to recover punitive or exemplary damages and any right to pursue any claim on a class or consolidated basis or in a representative capacity.

10. Separate Terms.

(a) 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 terms and conditions (including liability waivers) before you can use or 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.

(b) Separate terms and conditions also apply to your use, if any, of the BC Ferries Vacations website at bcferriesvacations.com, which terms and conditions may be reviewed at that website.

11. Changes to Terms.

BC Ferries reserves the right to change these Terms at any time by posting amended Terms on www.bcferriesvacations.com.  The amended Terms will be effective immediately, and by continuing to use the Website and/or the Services you agree to be bound by the amended Terms.  We encourage you to periodically revisit this page to review the Terms as modified from time to time.

12. Collection, Use and Disclosure of Personal Information.

BC Ferries collects, uses, and discloses your personal information as authorized by the Freedom of Information and Protection of Privacy Act and as set out in the BC Ferries website privacy statement (the “Privacy Statement”).  The Privacy Statement is incorporated into these Terms and is available at bcferries.com/about/privacy_statement.html

BC Ferries collects, uses and discloses your personal information for the purpose of vacation planning and reservation services.  By providing personal information to BC Ferries, you consent to the use and disclosure of personal information as set out in these Terms and in accordance with the Privacy Statement.  By purchasing Services, you are expressly agreeing that BC Ferries may provide your personal information to third-party suppliers related to the Services that you purchased.  If you have questions about the collection, use or disclosure of personal information for the stated purpose, contact our agent at 1-888-223-3779, ext 3.

13. Access to Services.

You must be a minimum of nineteen years old to reserve or purchase any Services.  BC Ferries may without notice terminate or suspend your access to the Services and to its website(s) 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 to any BC Ferries website and you subsequently book any Services, BC Ferries may cancel those bookings for Services without liability.

14. 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). 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 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 Statement, BC Ferries’ Conditions of Carriage, available at bcferries.com/Conditions_of_Carriage (PDF) and the BC Ferries Rules and Requirements, available at bcferries.com/BCF-Rules_and_Requirements(PDF) as well as any other policy or rules that apply to any Services, as amended from time to time, are incorporated by reference and are part of these Terms. 

BC Ferries Vacations; Consumer Protection # 48839