Terms of Carriage

1. General provisions

When purchasing tickets for travel with Big Red Barge Co, Inc. (hereinafter referred to as "the Company"), these conditions are applicable to customers, passengers, travelers, drivers, and any other person being conveyed (collectively “Person” or “Persons”), cars, vehicles, cargo vehicles, luggage, merchandise, livestock, animals, goods, cargo, and any other item being conveyed (collectively “Cargo”) on the Company's ferries or on ferries chartered by the Company, regardless of whether or not documents have been issued for the agreement. The Company's liability is limited with regard to any loss, deficiency and damages to Persons, items or Cargo, in accordance with the provisions of the Merchant Shipping Act and international transport conventions (see 5 concerning cargo and 9 on compensation for damages to persons and luggage).

All Persons are required to comply with the instructions of the Captain and crew. Use of naked flames is prohibited indoors and on the car deck. Smoking is not permitted. The use of electronic cigarettes is considered the same as smoking traditional cigarettes. Therefore, the same smoking rules apply for electronic cigarettes as for traditional cigarettes.

The Company, in its sole and absolute discretion, may exclude Persons or Cargo from transport, regardless of whether they have a valid ticket, should they pose a safety hazard, a nuisance to other passengers, Company personnel, or otherwise fail to follow the instructions given as notices or other similar information concerning the use of the ferry. Intoxicated Person or Persons under the influence of controlled substances may be denied transportation, in the sole and absolute discretion of the Company, even if they are in possession of a valid ticket.

The Company may exclude from transport Cargo that is leaking oil, gasoline or other fluids.

It is not permitted to leave oil-fired boilers, diesel engines, running on the car deck during the voyage.

If emergency ambulance or police transportation is required on sold-out crossings, the last booked vehicles to arrive will be put on hold or vehicles/cargo on board may be of loaded to accommodate said emergency vehicles.

Refunds will be given in such cases.

In certain cases where space restrictions require it, boarding of the individual ferry may be denied by the Company.

Damage to the Company's vessel, equipment and furniture, as well as the belongings of others, will result in liability to the party responsible for the damage.

The Company vessels may be under video surveillance. Any form of theft is reported to the Police.

Persons may not, without the Company's permission, offer goods for sale, distribute printed materials, arrange collections, etc. on board or ashore in the Company area.

The Company may make running changes to departures, ferry berths, etc. It is expected that passengers keep themselves up to date of any changes to the sailing schedule via social media, text messages, email, or by calling the corporate number at 340-779-4000.

The Company does not represent or guarantee that any Persons, Cargo or any documents relating thereto shall arrive or be available at any particular time or location to meet any particular requirement or deadline of the Persons, Cargo, end-user, or owner of any such Cargo or documents and the Company shall under no circumstances be liable for any direct, indirect or consequential loss or damage caused by any delay.

2. Luggage

A Person may bring personal luggage in suitcases, bags or the like with them at no separate charge, as long as they are stored in the Person’s vehicle. Personal luggage shall comply with the requirements of Section 4.3 below.

Any luggage stored on the car deck will be charged the going cargo rate.

3. Pets/Dogs

Animals must be kept in a cage or crate and must not be a nuisance to other Persons or crew. It is permitted for dogs and other animals to remain in the car during the crossing, but access to the car deck during the crossing is not permitted. The Company may deny transport of animals in its sole and absolute discretion.

The Company assumes no liability for shipments of live animals.

4. Cargo

4.1 Normal transportation of goods

All trucks / goods vehicles with a gross vehicle weight exceeding 3,500 kg or over 6m in length are designated as trucks or other heavy duty vehicle and are subject to surcharges above the basic rate.

Embarkation, driving on board and disembarkation are to be completed in cooperation with the staff and particular care is to be exercised by the driver. The Company is not responsible for any loss or damage to Cargo, Persons or property during embarkation or disembarkation.

The vehicle and the cargo on the vehicle shall be adequately secured and protected by the owner or driver of the vehicle and cargo to withstand the effects that may occur when being transported by sea. Drivers are responsible for ensuring that the safety brakes are engaged and that any load in the vehicle is secured.

The Company is under no obligation to investigate trailers, containers or other transport devices with regard to how cargo is packed, stowed, lashed, etc. However, if the Company ascertains that Cargo is not packed correctly, the Company may refuse to transfer the Cargo in its sole and absolute discretion. The Company shall not be liable for any direct, indirect or consequential loss or damage caused by the refusal of any Cargo or Persons.

The Company is not liable for compensation for damage to Cargo or vehicles when damage is due to defective lashing, stowage or other circumstances which the driver or owner is responsible for ensuring and that the Company is under no special obligation to inspect.

The Captain on Duty has the right, but not the obligation, to inspect and accept or reject the Cargo security/lashings and whether Cargo must be rejected for any reason whatsoever in his or her sole and absolute discretion.

The Company assumes no responsibility for any damage, loss or theft to Cargo left on the approach and harbor areas. When Cargo is transported, the Company's responsibility is primarily limited in accordance with the rules adopted by the Carriage of Goods by Sea Act ("CGS")

The Company shall be notified immediately of any damage to Cargo, or freight upon arrival at the port of entry and before the Cargo leaves the area. If this notification requirement is not observed, the Company shall not be liable for any loss or damage to the Cargo or for any consequential damages arising from the loss of the Cargo.

4.2 Transportation of Cargo

Anything on the vehicle deck that does not fit into the category of motorized vehicle, except individuals, is considered Cargo. Cargo is charged at the going rate. Cargo stored on the approach areas to one of the Company's ferry berths is left at the customer's own risk and account. The Company shall not be considered to have received the Cargo until the cashier has acknowledged said Cargo and the customer has received a signed receipt for said Cargo. Vehicle embarkation or loading of Cargo is initiated by the Company's personnel or by the subcontractor personnel selected by the Company.

If the customer fails to collect the Cargo promptly after the Company or of any of the subcontractors selected by the Company has brought it ashore, the Cargo will be stored at the customer's own risk and expense. The Company shall not be liable for any loss or damage to Cargo which is not promptly collected by the customer or owner.

4.3 Hazardous goods/materials

No goods or Cargo which are or which may become dangerous, noxious, hazardous, flammable, or damaging in nature or which may damage any persons or property, and whether or not such goods or Cargo are listed in any official or unofficial, international or national code, convention, listing or table shall be tendered to the Company for carriage without previous written notification to the Company of the nature, character, name, label, and classification (if applicable) to the Company and obtaining the Company’s consent in writing. Any such goods or Cargo as described in this Section 4.3, if approved for carriage, shall be distinctly marked so as to indicate the nature and character of such goods or Cargo and so as to comply with any applicable laws, regulations or requirements. If any such goods or Cargo are delivered to the Company without obtaining its consent or required markings, or if in the opinion of the Company such goods or Cargo are or may become dangerous, noxious, hazardous, flaming or damaging in nature, the goods or Cargo may be refused, off-loaded, destroyed, disposed of, abandoned or rendered harmless without compensation to the carrier, driver, or owner of such goods or Cargo. The carrier or owner of any such goods or Cargo shall indemnify and hold harmless the Company against all claims, liabilities, loss, damage, delay, costs, fines or expenses arising from such goods or Cargo or arising from the breach of any requirements in this agreement whether or not the Company was aware of the nature of such goods or Cargo.

5. Transportation of live Animals

Transportation of live animals without the accompaniment of owner/customer is not permitted.

The Company assumes no liability for shipments of live animals. The Company may deny transport of live animals in its sole and absolute discretion.

6. Finance Terms, Tickets, Reservations, Price Changes & Fees

6.1 Sale and booking of tickets

By way of currency, the Company accepts the U.S. Dollar. Change will be given in the U.S. Dollar.

Tickets may be booked in person or online. Vic Sea Miles Club Customers have special booking privileges.

All Persons, except pre-approved charge customers, are required to pay once boarded and before disembarking. Any Person who fails to pay for the service rendered will be reported to the appropriate enforcement agency for prosecution. Both the Virgin Islands Police Department and the Virgin Islands Port Authority Police will be called. Ultimately there is federal jurisdiction with regards to maritime matters. Thus the Federal Bureau of Investigations may be called.

Reservations will lapse if passenger arrival time is not observed. All reservation customers must check in with the captain or other crew upon arrival. These persons are on board the vessel or usually by the vessel’s gate. Persons working for VIPA or as agents of VIPA can not check you in.

Upon receipt of the ticket or card, the purchaser is to check that the ticket or card received is as ordered. The Company can accept no responsibility for errors if the order or reservation was made so close to departure that it would be impossible in practice for the Company to issue confirmation before arrival or departure.

Refunds for reservations are granted if the request is made 3 days prior to departure. Service fees are nonrefundable.

6.2 Charge accounts

Persons with charge/credit accounts are deemed to have been billed with the receipt of their original tickets. Though electronic invoices are subsequently sent, this is a courtesy and is not necessary for mandating payment. The electronic invoice will contain the ticket number signed by the driver. Any additional details such as date of service, type of vehicle, name of person who signed, etc. can be found on the original ticket and will no longer be written on the invoice.The Company is not required to provide additional evidence of ridership beyond the signed ticket given to the driver at the time he or she uses the service. But we may do so as a matter of courtesy. The onus is on the customer to mandate that their drivers return signed tickets to their offices.

Electronic invoices may be generated at least one business day following ridership. But even if this electronic invoice does not arrive, the customer is still obligated to pay the ticket with the signing of said ticket by the driver. The customer is obligated to reference former tickets received to know what is to be paid if the electronic invoice does not arrive. Big Red Barge Co, Inc. will honor this payment even if there was a change in price. Invoices are net 15. Statements will be sent electronically once per month.

Charge accounts must be accompanied by a valid and working email address. Given our billing procedures, LCCF can no longer accept, approve, nor maintain customer charge accounts that do not have valid email addresses.

Annual credit terms are sent to the email address of the charge customer via our email delivery service. Unsubscribing from said email list does not release the charge customer from being bound by the Terms, as the Terms are referenced on each signed ticket indicating where they can be found online. Further a copy of the Terms are kept on the vessel.

6.3 Ticket payment and failure to pay

Payment can be made by check or cash. Online payments can be made by most major credit cards or paypal. Click on the link in the emailed invoice in order to make an online payment. There may be a transaction fee when using certain credit cards. In such instances, this will be apparent before the payment is approved by the purchaser.

Failure to pay on charge accounts may result in account suspension. If suspended accounts are not brought current in 30 days, they will be permanently closed.

Failure to pay for services can result in a Carrier’s Lien to be filed with the Lt. Governor’s Office of the Government of the Virgin Islands and applicable to the vehicle that was transported by the Company. Big Red Barge Co, Inc shall have a general and continuing lien on any and all property of customer coming into Big Red Barge Ltd Co’s actual, or constructive, possession or control. The lien is for monies owed to Big Red Barge Co. with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both.

Failure to pay can also result in the matter being turned over to legal counsel.

6.4 Fees and price changes

The Company reserves the right to charge a fee when making electronic transactions.

The Company reserves the right to charge a minimum late fee of $7.00 on all overdue accounts.

The Company reserves the right to apply a finance charge of 24% per annum to the balance of all overdue invoices. Finance charges are assessed once per month. Grossly overdue accounts are suspended or referred to an outside collection agency, legal counsel, and or the Lt.Governor’s Office via a Carrier’s Lien.

Payments must be received in the office or on the the Company’s vessels by the due date in order to avoid finance or late charges. Payments that are in route via the mail are not deemed to have been received. If the customer realizes that the invoice may be late then he or she may pay online in order to avoid finance or late charges. Online payments are posted immediately.

The Company reserves the right to change prices for any size vehicle at any point it deems necessary for sustainable business practices. Only companies with approved and negotiated special pricing will be given direct communication as to price changes. All other price changes are communicated on our blog and via social media only. Pay attention to the various platforms in order to stay up to date with the prices that are in effect or you may call us at 340-779-4000 when planning your trip and we’ll let you know the current rates.

6.5 Refunds for Delays or Cancellations of a Trip

No ticket can be refunded later than 1 month after the departure date.

The Company reimburses only tickets for which payment was made to the Company. No refunds to Persons without reservations. See 8 below.

6.6 Group Travel

For carriage of buses, the Company's liability is limited in accordance with the Merchant Shipping Act. The Company may transport individuals in their small cars/trucks. However passengers in large capacity vehicles are limited to the driver and one passenger. All others must engage the services of a passenger ferry.

7. Driver’s License

7.1 Valid Driver’s License

At the start of the journey, the driver of any vehicle must be in possession of a valid driver’s license. The driver may be required to present this upon demand.

8. Cancellations/Delays

The Company assumes no responsibility for any loss or damage resulting from lack of space on the ferries or ships, disruptions to operations, including shutdowns, due to irregularities, including force majeure, Acts of God, technical reasons, water and weather conditions, and reserves the right to make changes to schedules and fares without notice. Another ferry or ship other than the one advertised may be inserted on the route at any time. The Company is not responsible for losses or damages of any kind incurred due to missed traffic connections, deadlines, or necessary changes in travel plans.

Refunds are given for delays or cancellations of trips wherein the customer made a reservation, if the customer was not able to receive services for the first departure for a round trip or for the only departure if it was a one way. If the customer had a round trip ticket and received services for the first departure but the vessel was not available for the return, no refund is given, unless or until the customer returns the yellow copy of the ticket. Upon receipt of the yellow copy, the company will refund the difference between the one way and round trip price. Since our tickets do not expire, if the customer keeps the yellow, he or she is free to use it at any time in the foreseeable future. For customers without reservations, our tickets do not expire, thus refunds are not given.

The Company's refund, if any, for delay or cancellation is limited to the ticket price.

9. Compensation for damages to persons, vehicles and luggage

When transporting Persons, the Company is exempt from liability for the time before the Person boards, and after the Person has come ashore. The Company is not responsible for loss or damage to money, securities, personal property and other valuables such as silver, gold, watches, jewelry and works of art.

Embarkation and disembarkation of vehicles is at your own risk and without liability to the Company. It is the driver's responsibility to keep their vehicles properly braked during transportation by putting the vehicle in gear or park and by using the handbrake.

The company can not be held liable or responsible for the driving skills of any driver. The crew is there to give directions only; it is still ultimately the driver’s responsibility to maintain the safe maneuverability of navigation of said vehicle. Crew is not authorized to drive customers’ vehicles. If customer makes such a request he or she takes on the full liability of the crew’s actions.

It is the driver’s responsibility to embark and disembark with windows down so as to hear any commands given by the crew.

The Company is not liable for any damage to vehicles due to the vehicle being lowered, rebuilt or heavily loaded.

Special equipment, including travel luggage placed outside or on top of a vehicle which is damaged while it is in motion, will not be replaced regardless of the allocations of responsibility in general.

It is the driver's responsibility to tether any motorcycle, moped, scooter or similar vehicle and it is always up to the driver to ensure that the vehicle is sufficiently stable and secured to withstand normal expected seas during the crossing. The Company is not liable for any damage to such vehicles caused by overturning or shunting during the voyage.

10. Lost property

Queries concerning property left on board the ferry are to be referred to the Office.. The Company will deliver forgotten property to the Police as soon as possible. Forgotten property that is perishable will be destroyed immediately. The Company shall not be liable for any loss resulting from forgotten property.

11. Complaints

Notification of damage to personal property, vehicles, or Cargo shall be immediately directed to one of the ferry's crew members before departing from the ferry. See 4.1.

Complaints about conditions on the crossing that are not resolved by contacting Company personnel on board or via the Company's contact system on the Internet. The complaint regarding the conditions during the crossing must be received by the Company within 1 month of the incident that gave cause for complaint. The complaint must be accompanied by ticket or booking number. Conditions for carriage came into force on August 7, 1997, as amended June 1, 2014 as further amended November 1, 2016, January 15, 2018. In general the afore terms, as well as the Terms of Carriage of Goods by Sea Act 1992 apply.

12. Notice Concerning Limitations of Liability

Big Red Barge Ltd Co has adopted general terms and conditions of service. A copy of the terms are kept on board the vessel for the perusal of any customer who asks (Copy is not to be taken off of the vessel by the customer.) Terms are referenced on Big Red Barge Co, Inc’s website and are referenced on tickets, invoices and charge account applications issued by Big Red Barge Co, Inc and are incorporated herein by reference. Unless modified or superseded by the terms of the bill of lading or to other contract of carriage, Big Red Barge Co, Inc. general terms and conditions of service will apply to any and all transactions.