IMPORTANT NOTICE TO PASSENGERS
THIS DOCUMENT, CONSISTING OF THIS PAGE AND THE FOLLOWING PAGES, IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND LAKE EXPRESS, LLC (HEREINAFTER “LE”). THE WORD “YOU” REFERS TO ALL PERSONS TRAVELING UNDER THIS CONTRACT INCLUDING THEIR HEIRS, SUCCESSORS IN INTEREST AND PERSONAL REPRESENTATIVES. CERTAIN OTHER PERSONS AND ENTITIES, AS WELL AS THE SHIP ITSELF, ARE ALSO GRANTED RIGHTS UNDER THIS CONTRACT.
NOTICE, YOUR ATTENTION IS ESPECIALLY DIRECTED TO CERTAIN CLAUSES BELOW WHICH CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHT TO ASSERT CLAIMS AGAINST THE SHIP, LE AND CERTAIN THIRD PARTIES. IF ANY TERM OR CONDITION OF THIS CONTRACT OR ANY OTHER CONTRACT YOU RECEIVE WITH THIS CONTRACT IS UNACCEPTABLE TO YOU, THIS CONTRACT AND THOSE OTHER CONTRACTS WILL BE CANCELLED. CANCELLATION MUST BE MADE WITHIN 10 DAYS AFTER RECEIPT OF THIS CONTRACT OR BEFORE YOU TRAVEL, WHICHEVER IS EARLIER.
THIS CONTRACT CANNOT BE TRANSFERRED BY YOU. ANY ADDITIONS, DELETIONS OR OTHER ALTERATIONS TO, OR WAIVERS OF ANY TERM OF, THIS CONTRACT WHICH ARE PURPORTED TO HAVE BEEN MADE BY LE AND WHICH HAVE NOT BEEN AGREED TO IN WRITING BY LE WILL NOT BE LEGALLY BINDING UPON LE.
IMPORTANT TERMS AND CONDITIONS OF CONTRACT-READ CAREFULLY BEFORE ACCEPTING
- Important Definitions/Refunds/Third Party Beneficiaries:
(a) “Trip” and “Ferry” refer to the specific trip indicated above, as it may be modified by LE under this contract, and shall be deemed to include periods during which you are embarking or disembarking the Ship or are on shore while the Ship is in port.
(b) “Ship” refers to the ship that will provide the transportation portion of the Trip or Ferry.
(c) “Refund Amount” refers to that portion of the fare which has actually been received by LE.
(d) “Vehicle” refers to any mode of transportation brought onto the Ship including, but not limited to, automobiles, motorcycles, mopeds, bicycles, trailers, all terrain vehicles and utility vehicles.
(e) Certain third parties derive rights and exemptions from liability as a result of this contract. Specifically, all rights, exemptions from liability, defenses and immunities of LE under this contract or applicable law will also inure to the benefit of the employees and agents of LE, together with the Ship and the Ship’s tenders, operators, managers, charterers, officers, staff, crewmembers, independent contractors, shipbuilders and manufacturers of all component parts. These third parties will have no liability to you, either in contract or in tort, which is greater than or different from that of LE.
- General Ticket Terms:
- Passengers with reservations must arrive 45 minutes prior to scheduled departure.
- Due to Homeland Security requirements, voyage check-in closes 15 minutes prior to scheduled departure and all outstanding reservations and tickets for seats and car slots are void at that time. LE is not obligated to check-in any passenger or vehicle, nor honor any reservation or ticket, within 15 minutes of scheduled departure time.
- All passengers, vehicles and baggage are subject to search for security purposes. Anyone refusing such a search will be denied access to the terminal and boarding of the vessel.
- Adult passengers must present valid photo identification prior to boarding the vessel.
- No person under the age of 18 years will be accepted for carriage unless accompanied by a parent or legal guardian.
- Passengers traveling with children under 5 years of age for whom a ticket fare has not been paid may be required to seat the child on the passenger’s lap during the voyage.
- Payment is due in full at the time of purchase and the ticket fare is deemed earned at that time.
- Tickets are valid only for the then current sailing season for which the ticket is being purchased.
- Changes to reserved tickets may be made and are subject to the payment of a change fee of $10.00 per Child or Adult fare (1-way or roundtrip) covered by the reservation and $5.00 per Vehicle fare (1-way or roundtrip) covered by the reservation.
- Reserved tickets cancelled more than 72 hours prior to the reserved departure time are refundable minus the following cancellation fees:
- $10.00 cancellation fee per Child fare (1-way or roundtrip) covered by the reservation.
- $20.00 cancellation fee per Adult fare (1-way or roundtrip) covered by the reservation.
- $30.00 cancellation fee per Adult fare with Vehicle (1-way or roundtrip) covered by the reservation.
Tickets are nonrefundable within 72 hours prior to the reserved departure time, but may be rescheduled for a specific time sailing minus applicable change fees.
- The ticket for a “no show” (a passenger, with or without a Vehicle, motorcycle or trailer, who neither changes nor cancels his/her reservation and fails to make his/her scheduled departure) expires at the time of the “no-show” and is non-refundable.
- Time Limits for Noticing Claims and Filing and Service of Lawsuits:
In any case governed by 46 United States Code Section 30508, which is a United States statute that permits any shipowner to limit the time during which a passenger may file a claim or commence suit against a shipowner, you may not maintain a lawsuit against LE or the Ship for loss of life or bodily injury unless written notice of the claim is delivered to LE not later than six (6) months after the day of death or injury, the lawsuit is commenced not later than one (1) year after the day of death or injury, and valid service of the lawsuit on LE or the Ship, as applicable, is made within thirty (30) days following the expiration of that one-year period. In the case of a claim by or on behalf of a minor or legally incompetent person, the six-month and one-year periods shall begin to run on the date of appointment of a legal representative for the minor or legally incompetent person, or their estate (as the case may be), but only if the appointment occurs within three (3) years of the day of death or injury. For all other claims, including but not limited to claims for loss or damage to Vehicles, baggage or other property brought onto the Ship not governed by 46 United States Code Section 30508, you may not maintain a lawsuit against LE or the Ship, nor will LE or the Ship be liable therefore, unless LE is provided with written notice of claim within thirty (30) days after conclusion of the Trip, the lawsuit for such claim is commenced not later than one hundred eighty (180) days after conclusion of the Trip, and valid service of the lawsuit on LE or the Ship, as applicable, is made within thirty (30) days following the expiration of that 180- day period.
- Limitation of Liability:
In the event you are injured, become ill, or die, or your property is lost or damaged (including damage to your Vehicle), or you and/or your property is delayed, LE will not be liable to you for any damages unless the occurrence was due to LE’s negligence or willful fault. In situations involving negligence or willful fault, LE will not be liable to you for consequential, incidental, exemplary or punitive damages. In all situations (other than those referred to below), whether or not involving negligence or willful fault, LE will not have any liability to you for infliction of emotional distress, mental suffering or psychological injury; this specific limitation of liability does not apply, however, to those situations in which a limitation of liability of this nature is not allowed under 46 United States Code Section 30509(b). In addition to the limitations of, and exemptions from, liability granted under this contract, LE also retains any and all limitations of, and exemptions from, liability accorded to shipowners and tour operators by statute or rule of law including, without limitation, those provided for in 46 United States Code Sections 30501-30509, which are United States statutes limiting the liability of vessel owners.
- Change in Itinerary and Cancellation:
(a) Although LE will use its best efforts to provide you with the Trip, situations may occur which require that changes be made. By way of example only, LE may adjust itineraries and schedules, may delay departures or arrivals, or may cancel the Trip, due to casualty, weather, labor problems, the need to render assistance to others, governmental or insurer directives, passenger or employee injury or illness, schedule delays or changes by third parties, repair and maintenance requirements, fuel or other shortages, or damage to the Ship or other modes of transportation. Furthermore, the Master of the Ship or of any other vessel may, in his/her sole discretion, elect not to proceed in the ordinary course. Consequently, LE cannot guarantee the itinerary of the Trip including time of sailing from or arrival at any port. LE reserves the right in its sole discretion to provide you with alternative transportation whenever the Trip is unable to proceed or be completed in the ordinary course.
(b) Your safety is very important to LE. For safety or other reasons that LE believes qualify as good cause, LE may, without notice, substitute any suitable ship, ships or other modes of transportation, change any date of sailing or travel or cancel any Trip.
(c) If the Trip is cancelled, LE may disembark you at any port or terminate your travel at any location and forward (at LE’s expense, but at your risk) you, your Vehicle and your property to or toward a port or location from which you may return home. The means of conveyance may or may not belong to LE and may or may not proceed directly to the desired destination. If the Trip is cancelled before commencement, LE will return the Refund Amount to you. Upon commencement of the Trip, the entire fare is deemed fully earned and LE will not be required to refund the fare, in whole or in part, unless cancellation was due to LE’s negligence or willful fault. In that event, you will be entitled, as your exclusive remedy, to receive the Refund Amount less a reasonable allowance for transportation and services already provided to you.
- Lake Express, LLC Advertisements and Literature/Cancellations Policy.
Please be advised, if LE literature or advertisements is inconsistent with this contract, this contract will be controlling. Note in particular the LE cancellation and change policy which specifies cancellation and change fees that you will be subject to if this contract is surrendered for cancellation or change within certain time periods prior to initial departure. Since a cancellation likely means a lost opportunity to sell space on the Trip, these fees apply regardless of whether your space is resold.
- Authority of Master/ Lake Express, LLC:
Circumstances may arise which, in the reasonable discretion of LE or the Master of the Ship, dictate that for your safety, the safety of the Ship or other modes of transportation or the safety or comfort of other passengers or crewmembers, you be denied transportation either before or during the Trip. By way of example, these would include situations where, you are or become in such condition as to be unfit to travel or dangerous or obnoxious to other passengers or crewmembers. If transportation is denied after departure, you, your Vehicle and your baggage may be landed or transported to any port or location that LE selects, without any resulting liability on the part of LE.
- Baggage and Other Items Brought Onto the Ship:
(a) LE will carry as baggage only your personal effects consisting of wearing apparel, toilet articles and similar items for your wearing, comfort or convenience during the Trip and not belonging to or intended for use by any other person or for sale. For loading and unloading the Ship and other modes of transportation, all baggage must be tendered for carriage in securely constructed and locked suitcases or trunks. The only animals permitted to accompany you are qualified service animals for passengers with disabilities. LE will not be liable for, (1) any loss, damage or delay before baggage comes into LE’s actual custody at the commencement of your Trip or after baggage leaves LE’s actual custody at the conclusion of your Trip; (3) damage due to wear, tear or normal usage. For security and legal reasons, baggage is subject to search, and illegal or potentially unsafe property is subject to seizure, both before and during the Trip.
(b) LE will not assume any liability for any loss of or damage to or delay of perishable items, medicine, liquor, cash, jewelry, gold, silver or similar valuables, securities, financial instruments or other valuable documents, computers, laptops, mobile phones or other electronic equipment, cameras, film, videotape, video equipment or binoculars.
(c) Passengers are not permitted to bring any beer, wine, alcoholic liquors or other beverages, nor can coolers containing said items, or food into the passenger cabin or on the passenger decks. Alcohol or other beverages brought by the passenger must be left ashore or can be secured in the Vehicle on the Vehicle deck, if stored in appropriate containers.
(d) LE reserves the right to refuse transport of any good or item of a dangerous nature. The passenger will be liable for all penalties imposed and damages incurred in the event LE received notice of such transport.
- Passenger Condition:
There are risks inherent to being aboard the Ship and other modes of transportation. These include, by way of example, having to evacuate the Ship or other modes of transportation in case of emergency, having to move about on the Ship during rough seas and lack of access to full medical services. For people who are ill or who are mentally or physically disabled or impaired, these risks are more significant. For example: access to all parts of the Ship or to facilities on shore may be difficult or impossible for some passengers. For these reasons, LE requires that if you have any special medical, physical or other requirements, these be brought to the attention of LE immediately upon receipt of this contract. In limited situations where you would be unable to satisfy certain specified safety, health and mental capacity criteria, even if provided with appropriate auxiliary aids and services, LE reserves the right to refuse permission to participate in all or part of the Trip. In the event the passenger is refused transportation on all or part of the Trip, the passenger shall receive the Refund Amount, or a portion thereof in the event the Ship departs and the passenger receives any portion of the Trip. LE will not be liable for any loss or expense occasioned by the passenger in the event the passenger is refused a portion of the Trip under this paragraph.
- Governing Law; Venue; Separability:
This contract is issued at Milwaukee, Wisconsin. This contract will be governed by and construed in accordance with the general maritime law of the United States except that as to any non-Ship segment of your Trip, it will be governed by and construed in accordance with the laws of the State of Wisconsin. All disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before the United States District Court for the Eastern District of Wisconsin at Milwaukee, or, as to those lawsuits as to which the federal courts of the United States lack subject matter jurisdiction, in the courts of the State of Wisconsin to the exclusion of the courts of any other state or country. Any provision of this contract which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and the validity and enforceability of the remaining terms and conditions of this contract will not otherwise be affected, nor will the validity and enforceability of such provision be affected in any other jurisdiction.