General terms of sale
TERRITORIAL REGULATION REGARDING THE OPERATION OF SHIPS OF THE OVERSEAS COLLECTIVITY OF SAINT-PIERRE AND MIQUELON – SPM FERRIES
GENERAL TERMS AND CONDITIONS – TRANSPORT OF WHEELED CARGO AND TRANSPORT OF UNACCOMPANIED PACKAGES BETWEEN SAINT-PIERRE MIQUELON AND LANGLADE
Article 1: Preamble
This operational territorial regulation or general terms and conditions defines the conditions under which passengers may use ships belonging to the Overseas Collectivity of Saint-Pierre and Miquelon and governs the contractual relationship between SPM Ferries and passengers
SPM Ferries reserves the right to amend this regulation without notice.
Limits and responsibilities under these general terms and conditions:
In addition to the conditions, the 1974 international agreement on maritime transport of passengers and their luggage supplemented by any other regulations in force, including, but not limited to, European Regulation 392/2009 (jointly referred to as the “Athens Convention”), European Regulation No. 1177/2010 on the rights of passengers using maritime transport and any other applicable regulations.
Regulation (EU) 392/2009 and the Athens Convention cover the liability of the carrier with respect to passengers, their luggage and their vehicles, as well as mobility equipment, in the event of accidents, particularly death, personal injury, loss or damage to luggage.
This Regulation does not affect the right of carriers to limit their liability for accidents in accordance with the International Convention on Limitation of Liability for Maritime Claims of 1976, as amended by the 1996 Protocol in its updated form.
Accidents under the Regulation include both ‘shipping’ and ‘non-shipping’ incidents during the course of the carriage.
A summary of European Regulation 392/2009 can be found at the following link:
Article 2: Trip reservation
The ticket is issued in the name of the passenger is exclusive, and is valid only for the trip shown on it and the mentioned passenger or their vehicle; consequently, it cannot be transferred to third parties under any circumstances.
A ticket may be changed subject to a fee.
The passenger is not required to have a printout of the ticket; the following can be provided as proof:
- The e-ticket on a telephone or tablet;
- The ticket number accompanied by valid identification;
The passenger may book their trip:
1° – online: at ourOnline ticket office page (payment by bank card), at least 1 hour prior to departure.
2° – by telephone: at 05 08 41 08 75 (payment by bank card is accepted).
3° – at ticket counters: by going to the Ferry Terminals of Saint-Pierre, Miquelon, Langlade and Fortune during business hours.
Payments are made in euros using usual methods of payment: cash, check, bank card, distance selling, bank transfer.
It should be noted that purchases made at the Newfoundland ticket counter will require payment in Canadian dollars.
To avoid lines at the ticket counter, purchasing the ticket online at our Online ticket office is strongly recommended.
Ticket counters close 30 minutes prior to each domestic departure to Saint-Pierre, Miquelon and Langlade (times vary depending on ticket office business hours). For international departures, ticket counters close 60 minutes prior to departure.
No tickets may be purchased after this time.
It is possible to make an unpaid reservation. However, such a reservation will need to be paid in full 3 days before departure to avoid cancellation.
2.2: Ticket Validity
A ticket (ticket, E-ticket or membership card) is valid for one year from its issue date. However, the membership card may be reloaded, depending on available offers. If the card is reloaded before the one-year expiration date, unused trips will be carried over and the validity date will begin on the date the pass is reloaded.
A ticket cannot be reprinted in the event of loss, theft or similar circumstances. However, a passenger may go to an SPM Ferries ticket counter prior to boarding and upon showing identification, receive their reservation number/ticket from the ticket agent.
The membership card can be reprinted at the Saint-Pierre ticket office at the current rate (unused trips will be carried over)
Article 3: Forms of travel
3.1 Walk-on passengers
For inter-island departures, ticketed walk-on passengers must arrive 30 minutes prior to departure to validate their ticket.
For international departures, ticketed walk-on passengers must arrive 60 minutes prior to departure to validate their ticket and go through security prior to boarding.
3.2 Passengers traveling with a vehicle
Passengers traveling with a vehicle must arrive 60 minutes prior to departure to allow time for inspection by SPM Ferries and other security teams.
Article 4: Right to access information
Passengers may view the regulations defining the operational territorial regulation of ships in the Overseas Collectivity of SPM at any ticket office. These regulations include:
- -The Athens Convention of 1974 relating to the carriage of passengers and their luggage by sea;
- -Regulation no. 392 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents;
- -Regulation no. 1177 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when traveling by sea and inland waterways;
- -Operational territorial regulation of ships of the Overseas Collectivity of SPM;
Moreover, SPM Ferries undertakes to provide all information concerning travel delays and cancellations impacting one of its ships using the different means of communication at its disposal (SPM Ferries website, e-mail, notices at the different ticket offices, announcements on local media).
Article 5: persons with reduced mobility (PRM)
Call 011(508)41 08 75 for information and to make a reservation.
In accordance with section 190 of the Order of 23 November 1987 on ship safety: “Persons with reduced mobility who wish to use the special accommodations made for them must notify the Company of their special needs or the nature and degree of their disability. Information with respect to special needs must be provided to the Company early enough and at least 48 hours prior to the start of travel.”
The Jeune France ship is exempt for reasons of safety and port infrastructure
It is impossible to transport persons with reduced mobility aboard the Jeune France ship for safety reasons (boarding, disembarkation, ship design, port infrastructures and equipment).
Any person who has notified the crew and the Jeune France ship of special needs that cannot be met will be offered a full ticket refund.
Article 6: Accompanied or unaccompanied children
Children under age 14 must travel under the supervision and responsibility of their parents or another adult responsible for their care. SPM Ferries does not provide transport to unaccompanied children under age 14 under any circumstances.
Consequently, no child will be allowed to board unless accompanied by a responsible adult.
In addition, in accordance with current legislation, any minor unaccompanied by a parent or legal representative must travel with an exit visa. The visa can be downloaded under the tab “Travel documents” on the SPM Ferries website and official websites.
Article 7: Special rates:
– Child under age 2.
– “Reduced*” rate: This rate applies to passengers age 60 and over (1), persons with disabilities and children ages 2 to 12.
*For trips to Fortune, passengers age 60 and over enjoy a “60+” rate
– “Group” rate: This rate applies to groups of 10 people minimum traveling to the same destination. Passengers who are part of the group must travel together (same departure date and time).
– “School, educational and cultural trip” rate: This rate applies to schools and to the Institut de langue Française; sports associations or recreational associations are not eligible for this rate.
– “Member” rate: this rate applies to holders of a valid membership card. The card can be purchased in Ferry Terminals, immediate departures excluded.
The ticket price paid by the passenger includes tax. However, rates for international tickets (Newfoundland) include taxes set and collected by Canadian authorities.
Consequently, prices displayed for this destination are divided up as follows:
- The trip price collected by the Territorial Collectivity of Saint-Pierre and Miquelon;
- The port taxes collected by the Territorial Collectivity of SPM and paid to Fortune port authorities.
- The price including tax paid by the passenger.
SPM Ferries adjusts prices that include tax based on changes in Canadian taxes and the chancery rate applied to the Canadian dollar by the Directorate of Public Finance.
Rates that exclude tax are set by the Territorial Collectivity of Saint-Pierre and Miquelon. However, rates
that include tax vary depending on the chancery rate and the amount of taxes set by the Fortune Port Authority.
Article 8: transport of vehicles on NORDET and SUROIT ferry ships
Transport of vehicles is subject to the provisions of the Law of 18 June 1966 and the Order of 31 December 1966 on the transport of goods by sea. Rules from The Hague contained in the international agreement of Brussels of 25 August 1924 or from these same rules as amended by the Protocol signed in Brussels on 23 February 1968 (Rules of The Hague and Visby).
Common damages are governed by the York – Antwerp Rules 2016.
Passage of all vehicles is subject to reservation. Reservations can be made at ticket counters and by telephone. A copy of the certificate of registration will need to be provided for all registered vehicles.
In order to be carried on board, trailers that are not pulled by vehicles must be equipped with the equipment necessary to allow them to be carried on board.
For accompanied vehicles:
Normally responsibility for moving the vehicles falls solely on their owners or agents. SPM Ferries is not responsible for damage caused by driver error or vehicle malfunction, as the SPM Ferries staff only intervenes to indicate where the vehicle must be parked aboard the ship. The vehicle must be insured (proof of insurance documents are available by request from SPM Ferries)
At the request of the owner or his/her agent, light-duty vehicles or those not requiring a permit may be moved by SPM Ferries staff holding a B-class driver’s license. In this case, the vehicle passage rate will be increased by a fixed amount per move corresponding to the application of the current rate. Company staff does not move motorcycles with cylinders exceeding 125 cm3.
Usually, accompanied vehicles are only loaded onto the ship in the hour preceding the departure of the ship on which passage has been booked.
The vehicle will be available for retrieval as soon as it is unloaded.
For unaccompanied vehicles:
To have the vehicle loaded onto the ship, it is necessary to contact the Operations department to make a reservation and agree on the terms under which the vehicle will be retrieved.
The shipper will need to pay the supplemental parking and transport fees applicable for this operation according to the current rate.
Other vehicles requiring special permits, in particular vehicles over 3.5 t, vehicles with more than 9 seats, construction or heavy-duty vehicles, may only be moved by shippers or their agents, who will need to be present at the time of departure and arrival of the ship. These vehicles will be subject to the current cargo rate.
Utility vehicles – Wheeled vehicles
The transport cost is based on the current rate, officially recorded after deliberation, and for heavy machinery, on the total load weight listed on the certificate of registration and on the vehicle, regardless of the load carried inside the vehicle.
The transport cost is the same whether the vehicle is full or empty.
In all cases, the information provided renders the shipper liable.
All vehicles scheduled for loading must be presented 1 hour prior to the scheduled departure time.
In case of non-compliance, SPM Ferries reserves the right to cancel the reservation without compensation.
Article 9: Luggage
Depending on its size and weight, luggage will need to be transported either:
– In the cabin, each passenger may carry on one bag whose dimensions do not exceed 55 cm X 35 cm X 25 cm and whose weight does not exceed 10 kg (luggage exceeding these limits will be placed on luggage carts) and one personal item such as a handbag, laptop computer, or camera. Luggage and personal items will remain under the supervision and custody of passengers during the crossing. SPM Ferries declines responsibility, consequently, in case of loss, theft or damage of luggage or personal items even when placed in the designated places.
– On luggage carts, provided to passengers after validation of their ticket, to place their luggage, under their sole responsibility. Each piece of luggage may not exceed 75 cm X 50 cm X 30 cm in size and 23 kg in weight.
On the Fortune line only, in case of excess weight not exceeding 40 kg, the passenger shall have to pay the current surcharge rate. Over 40 kg, the luggage will be considered cargo. Luggage must not exceed 23 kg* (Weight will be inspected as soon as the necessary equipment becomes operational).
All luggage must have identification tags bearing the name and address of the owner. SPM Ferries accepts no responsibility in case of loss, theft or damage caused by other luggage.
Goods that have been left on luggage carts unbeknownst to Company staff may subject to check-in in good and due form based on current rates. Carts are reserved exclusively for passengers of SPM Ferries. Company staff is responsible for enforcing these transport terms and conditions Packages that do not meet the weight and dimensions of luggage (bulky or voluminous packages) must be checked in as cargo.
Article 10: Left-luggage office
The Saint-Pierre ticket office offers a left-luggage service during its business hours. This service is offered to all “SPM Ferries” passengers under the following conditions:
- -The ticket must be presented to the SPM Ferries agent in order to verify that the passenger is on the list of passengers departing for Saint-Pierre;
- -The luggage must be locked and labeled with the passenger’s name;
- -The left-luggage office is open to the passenger the day of departure to Saint-Pierre and until closing time of the Saint-Pierre ticket office;
- -Carry-on luggage is not allowed in the left-luggage office;
In addition, the passenger must ensure that his luggage does not contain any valuables (passport, bank card, jewelry), for which he/she is responsible and for which SPM Ferries accepts no responsibility.
The passenger remains responsible for his/her luggage and its contents.
SPM Ferries takes the proper measures to ensure that the storage area is protected and secured and accepts no responsibility in case of theft, burglary, or forgotten or damaged luggage.
Article 11: Conditions for ticket changes and refunds
To be taken into account, changes or cancellations must be recorded during business hours, either at the ticket counters or by telephone or e-mail.
10.1: Conditions for ticket changes
Ticket changes are subject to availability. Changes are subject to a fee:
- The deduction for a change is equal to 25% of the ticket price and for a change to the membership card the deduction is a flat fee based on the current rate.
- The ticket is valid for 1 year and the passenger can request as many changes as he/she wants during the ticket validity period.
- There is no fee when the change request is the result of a cancellation or trip postponement on the part of SPM Ferries.
- Holders of open tickets, whose trip dates are not determined at the time of sale, can enter two one-way ticket dates free of charge. Additional changes will incur a fee of 25% of the ticket price.
10.2: Conditions for ticket cancellations
Ticket cancellations are subject to a fee
- -Up until the eve of departure, the cancellation fee is equal to 25% of the ticket purchase price excluding tax
- -On the day of departure, the cancellation fee is equal to 50% of the ticket purchase price excluding tax
- -There are no refunds the day after departure.
- -There is no cancellation fee when the cancellation is the result of a delay or cancellation caused by SPM Ferries.
- -A membership card is refundable if no trip was made using the card during the validity period.
Article 12: Transport of goods
Goods are transported in accordance with the provisions of the Laws of 18 June 1966, 21 December 1979 and 23 December 1986. (Implementing decrees no. 66-1078. 67-268. 86-1065).
In particular, the maritime carrier is not responsible for damage to goods:
- -resulting from an event beyond the carrier’s control;
- -resulting from an inherent defect in the merchandise;
- -resulting from the shipper’s faults, particularly in the packing, packaging or marking of the goods;
- -resulting from the shipper’s inaccurate declarations regarding the nature or value of the goods;
- -responsibility will not lie with the carrier when goods are loaded as deck cargo and accepted and delivered during Ferry Terminal business hours.
Goods that require temperature-controlled transportation and that are dropped off outside of the freight department’s business hours may be refused if they do not meet the temperature criteria for perishable food products, in accordance with current legislation.
In addition, it is the responsibility of the shipper to provide refrigerated transportation containers (refrigerated truck, trailer, and other containers).
As ships do not have electrical distribution systems, containers will need to have a self-contained temperature control system to ensure the required temperature for the transport of foodstuffs. SPM Ferries accepts no responsibility for temperatures that fail to comply with current legislation.
These will be accepted within the limits set by the legislation and result in processing fees according to the current fee scale. The shipper shall submit a shipper’s declaration for dangerous goods in limited quantity in accordance with the SOLAS Convention, annex III of the MARPOL 73/78 Convention and the IMDG Code.
Article 44 of the ORDER of 31 December 1966
“Flammable, explosive or dangerous goods, whose carriage the carrier or its representative would not have consented to had it known their nature, may at anytime and anywhere be unloaded, destroyed or rendered harmless by the carrier without compensation. Moreover, the shipper shall be responsible for all damages and expenses that may result from their being carried aboard the ship.
(This carriage will be performed provided the necessary certificates for the carriage of dangerous goods have been obtained.)
Luggage must not contain flammable (including matches), explosive, or corrosive materials, weapons (loaded or unloaded), or any other dangerous products that could lead to excessive risks.
Hunting weapons must be disassembled to ensure maximum safety while being handled for purposes of loading or unloading. They must be declared and handed over to crew personnel at the time of boarding in order that they may be put away in a box that will be kept locked during the crossing. (ISPS Code).
SPM Ferries reserves the right to inspect weapons cases at all times.
Limit of liability
Brussels Convention of 21 December 1979 (Amendment FRANCE 18/02/87)
The maximum liability amount of the carrier is limited to 666.67 SDR per package or per unit or to 2 SDR per kg of lost or damaged gross weight, with the higher limit applying; over these limits, the shipper can obtain insurance from the carrier (subject to availability) prior to shipment. On an indicative basis, the official exchange rate of the SDR (Special Drawing Rights) is 1.20 as of 26/09/2017 The SDR is the unit of account for the IMF and its official exchange rate is updated daily.
Note: SPM Ferries offers an inter-island unaccompanied package transport service. This service is not available on international lines. Between Fortune and the archipelago, SPM Ferries offers a transport service for vehicles (small van, trailer, etc.) only. For the transport of unaccompanied packages, the passenger will need to contact a forwarding agent.
Article 13: Transport of domestic animals
The transport of domestic animals (dogs, cats, ferrets) is possible within the limit of the ship’s quota, from all ports and on all ships carrying walk-on passengers. The passenger must pay the animal transport price.
The transport of animals in vehicles is permitted. In that case the transport of the animal is free.
For international travel, your animal’s passport must meet existing health regulations; it will be inspected at the time of boarding (vaccination and microchip). SPM Ferries will refuse to transport your domestic animal if the required paperwork is not in order.
In all cases, animals travel under the responsibility of their owner who is responsible for obtaining an appropriate insurance policy. The owner must take all necessary measures to avoid any incident. SPM Ferries does not accept responsibility in the event of damage, particularly injury or death, caused to the transported animal.
SPM Ferries, through its personnel, particularly the ship captain, may refuse to grant access on board to an animal that may present a risk to passengers. No refund or ticket exchange will be possible.
Granting access on board to an animal in no event releases the passenger responsible for the animal from liability in the event of attack, damages of any kind caused by this animal.
Animals are not allowed in cabins with the exception of service dogs who must be declared at the time of the ticket reservation.
Article 14: Provisions related to travel continuity
With respect to ferry services operating between Miquelon/Fortune via Saint-Pierre during the off-season when there is no direct connection Miquelon/Fortune, the passenger may travel inter-island at no cost when his/her reservation includes the inter-island portion in its itinerary.
The same applies to the passenger’s vehicle or other wheeled vehicles included in their reservation.
In the event of a ship cancellation between Saint-Pierre and Miquelon, the passenger shall have the possibility of using his free ticket on the Miquelon/Saint-Pierre via Langlade portion when traveling without a vehicle.
The pre- and post-carriage will, however, be at the expense of the passenger.
Article 15: Right of the carrier to refuse transport to passengers; transport restrictions
The Carrier reserves the right to refuse transport to a Ticketed Passenger at any time if, in the judgment of the Carrier:
- -In case of reasons based on public safety;
- -Necessary to comply with the laws and standards applicable in the country of origin or destination;
- -A consequence of the behavior, condition, age, mental or physical condition of the Passenger, deemed appropriate by the Carrier. It is a necessary measure to avoid any damage, inconvenience or significant disturbance to other Passengers or the crew;
- -The Passenger has presented the Carrier with a document that is illegal, expired, declared as lost or stolen, likely fake or containing changes or alterations of any kind, not made by the Carrier. In these cases, the Carrier reserves the right to hold these documents.
- -The person presenting themselves to the Carrier does not correspond to the person named on the Ticket. In this case, the Carrier reserves the right to hold this Ticket
- -If the passenger’s health condition requires medical assistance during the trip and the passenger attempts to board without this assistance;
If the Passenger attempts to board with a valid medical certificate attesting that the Passenger does not require medical assistance during the crossing, SPM Ferries shall be able to allow the Passenger to board while accepting no responsibility for them.
The Captain has, among other things, complete authority to refuse boarding to anyone presenting a physical or mental condition preventing them from making the trip or any person whose consumption of narcotics, hallucinogens, or alcohol results in behavior that puts other Passengers in danger.
In all the cases listed above, the Passenger shall not have the right to escape his responsibility in the event of damages caused to his/her person, the ship, property and equipment, third parties as well as property of third parties. The fact of allowing the Passenger to board will not be seen as a waiver on the part of SPM Ferries to later exercise its right to assert its reservations concerning the condition of the Passenger, known or unknown to the carrier, at the time of boarding and/or at the time of ship departure.
Article 16: Passenger Liability
The Passenger shall be liable for all damages caused (by him or any other person in his care), to the ship, its facilities and amenities, other Passengers, staff and third parties as well as any sanction, ticket, fine or other that could be imputed to the Carrier through his act, by any state or authority.
If the Carrier considers that the actions or behavior of the Passenger on board the ship risks endangering any person or property on board the ship, prevents the crew from performing its duties, disregards all instructions on the part of the crew, threatens, abuses or insults any crew member, confronts other Passengers in a manner that could be seen as outrageous or offensive, the Carrier shall take measures deemed necessary to bring an end to this behavior, including requiring the Passenger to disembark. SPM Ferries shall at a later date take all civil or criminal legal action it is entitled to by law.
Article 17: Carrier Liability
Liability for damage to luggage
The Carrier shall not be liable for the theft, disappearance or damage to valuables, monies, documents, manuscripts, stored in the luggage or in the cabin and/or in the vehicle, unless such objects were deposited with the staff responsible for their care or safekeeping.
Liability for damage to vehicles
The Carrier shall not be liable for losses or damages suffered by vehicles during embarkation and disembarkation procedures, or during the crossing. The Carrier shall not be liable for losses or damages to objects contained in the vehicle.
The liability of the Carrier is covered by the Law of the ship’s Flag state and applicable international conventions.
No claim for damages will be processed without a report prepared by the crew at the time of the incident.
Obligations in the event of delay
The obligations of SPM Ferries and the rights of passengers in the event of interrupted or delayed travel are laid down in European Regulation (EU) no. 1177/2010. A summary of these rights and obligations can be found at our ticket offices and on our website.
According to Regulation EU no. 1177/2010 concerning assistance in the event of canceled or delayed departures, payment for meal expenses including breakfast (maximum €15), lunch (maximum €30) and dinner (maximum €30) is limited to €75 per day and per passenger. Payment for accommodation expenses is limited to 3 nights per passenger. These expenses are limited to €85 per night and per passenger.
Article 18: Jurisdiction and Governing Law
Any dispute arising from the application of these general conditions of carriage will fall under the jurisdiction of the Courts of Saint-Pierre and Miquelon. French law will be the only governing law.
SPM Ferries ACTIVITIES ARE SUBJECT TO
MARITIME TRANSPORT LEGISLATION
SPM Ferries has been certified by the Ministry responsible for the merchant navy as complying with the ISM
Article 19: Validity of the Regulation
This operational territorial regulation takes effect on the date of its publication and supersedes the regulation in force up until that date.