Accueil >> Passenger news >> Reglementation

In order to ensure your safety and security, our company and passenger terminals comply with current safety norms and practices.

ISM CODE

General information

ISM stands for Information Safety Management and is the security code applied to maritime companies since 1 July 2002 for all vessels with a gross tonnage of 500 or more (UMS).

Its entry in 1994 to Chapter IX of the Solas Convention shows the willingness of governments to reduce the number of maritime accidents. Following regulations that had already been put in place concerning the construction and fitting out of ships, patents, safety inspections, the choice of personnel, etc., this code focuses on security management both on land (ship-owners) and on board ships so as to avoid tragedies like the ‘Herald of Free Enterprise’.

The ISM Code is expressed in broad terms given the wide variety of ships and companies in operation. The code is therefore limited to principles and objectives. The implementation of good safety management requires a serious commitment on behalf of ferry companies: they are often required to rethink the safety practices already in existence as part of their safety management plan.

An effective safety and environmental protection policy should be defined by the company and the latter should ensure its implementation.

This plan should clearly outline the roles and responsibilities of all actors and requires a minimum of resources.

It is necessary resources.

Each company must designate a person or persons onshore having direct access to the highest level of management, but must also specify that on board, ultimate authority lies with the captain of the ship in matters concerning safety and sea pollution prevention, and that he/she should request the assistance of the company should this prove necessary.

Code requirements

A clear and precise policy (a written policy that has been read by all stakeholders)

 

  • systematic risk analysis (prevention is better than cure)
  • the identification of critical elements (what things need to be kept under a close watch)
  • the definition of responsibilities (who does what, when, and how)
  • the improvement of skills (refresher courses)
  • the implementation of procedures (using prompts for different situations)
  • emergency preparedness (frequent drills)
  • improved relationship between land and ship (involving meetings to improve the lines of communication)
  • ensure the availability of necessary documentation (check the availability of documentation)
  • the implementation of internal and external audits (self-assessment procedures and review by an exterior person)
  • the putting in place of a system of feedback (all accidents, near accidents, and incidents must be reported and reviewed)
  • a constantly evolving system (the system is not fixed, each member helps it evolve)

 

Haut de page

THE ISPS CODE

General information

ISPS stands for International Ship and Port Facility Security Code. It is an international code in two sections (A and B), which was adopted by one of the resolutions that were adopted on 12 December 2002 by the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea (SOLAS) from 1974.

Following the attacks on 11 September 2001, there was an impetus to establish an international procedure with regard to the safety of port facilities and vessels. Taking into account the possibility that a ship could be taken as potential terrorist target—whether this ship may be the ultimate goal of the attack (liner, oil, gas rig, etc.) or simply the vector (the hijacked ship may be directed to a land or maritime facility)—lead the United States to propose the establishment of the ISPS Code to the International Maritime Organization.

How it works

The ISPS Code has been in force on all vessels since July 2004. In France, a ship’s security certificate is issued by a maritime affairs inspector who holds the ISPS auditor qualification, and is delivered following an on-board audit. The safety plan is defined by the port facilities and the ships. This plan identifies the means of control, protection, staff gathering areas, the locations of the remote alarm buttons (SSAS), the description of actions relating to levels of safety, and generally all relevant information in the case of a threat. It is a confidential document. By signing a declaration of safety, the vessel and its interface (another vessel or port) have agreed upon their respective security duties and responsibilities in terms of passenger and staff safety (who does what when and how), etc. Safety plans must be approved by a competent authority.

 

  • a security officer is designated on board each ship (Ship Security Officer or SSO)
  • a security officer is designated within each shipping company (Company Security Officer or CSO)
  • a security officer is designated at each port facility (Port Facility Security Officer or PFSO)
  • security levels are defined (1, 2 or 3) with level 3 corresponding to a serious potential threat.
  • a ship visiting a port facility must at the very least comply with the security levels in operation by the latter.
  • a port facility may operate with a level of security lower than that of a ship, all the while applying adequate measures for the higher security level of the ship.
Top of page

GENERAL TERMS & CONDITIONS OF CARRIAGE

ARTICLE 1

This contract is governed either by the law of 18 June 1966 and its implementing decrees, or by the international convention signed in Brussels on 29 April 1961 on condition that these texts are legally binding for all parties, and by the conditions and stipulations specified below.
This contract relates to passengers travelling with tickets in their name issued by L’Express des îles, and in general to all passengers with a travel document, regardless of the journey on the international or domestic service offered by L’Express des îles. The ticket is personal and not transferable.

ARTICLE 2

Passengers must arrive at the boarding gate at least 30 minutes before the scheduled departure time. Irrespective of the date of issue of the ticket, it is expressly agreed that the fare will always be calculated on the basis of the rate in effect on the day of use. Therefore, in the event of an increase in rates, the passenger formally agrees to pay the balance before boarding. The carrier reserves the right to refuse a passenger who has not paid the applicable fare. The fare must be paid in full prior to boarding.
The ticket validity period is 12 months.
During this period, any unused ‘refundable’ tickets for the international line that are returned to the company, will be reimbursed with the application of a charge of €10 (ten euros). ‘Refundable’ tickets for the international line that have been partially used, and returned to the company, will be refunded an amount calculated on the residual value of the unused tickets. ‘Non-refundable’ tickets for the international line and tickets for domestic lines cannot be returned or exchanged.
After the 12-month validity period, tickets will be considered as null and void. No refund will be given.
In the case of loss or theft of the ticket, the passenger will be required to purchase a new ticket. Any unused vouchers for the original ticket will be refunded at the earliest following the expiry of the validity period of the original ticket, on the condition that no fraudulent use has been made of said ticket.

ARTICLE 3

Passengers agree to abide by the regulations in force by the company on board all its vessels at all times.

ARTICLE 4

The Company reserves the right to substitute another one of its vessels for that announced for the departure. The fare for the vessel in service will be applied: if the fare is higher or lower than the original price, the passenger is required to pay an additional supplement, or he/she will obtain a refund for the difference in fares.

ARTICLE 5

Cabin Baggage: Each passenger is allowed two pieces of hand baggage. Total dimensions (length + width + height) of each bag must not exceed 150 cm. The maximum weight allowed per bag is 10 kg.
Baggage in the hold: Each passenger is allowed two bags with a maximum total weight of 35 kg. Total dimensions (length + width + height) of each item must not exceed 250 cm. The weight per item is limited to 32 kg. The name and full address of each passenger must be clearly marked on each item of luggage.
The carrier shall not be liable for any loss, damage or delay resulting from the customer’s failure to comply with these requirements.

ARTICLE 6

Only personal items and clothing necessary and suitable for the purpose of the trip should be included in your baggage.
The company does not transport cargo. In the case of merchandise, samples, products and collectibles of all kinds transported as baggage in violation of the aforementioned provision, passengers will be subject to a fine of 15.24 euros per kilogram. Furthermore, the carrier and the ship shall not be liable for any loss or damage to said items from whatever cause.

ARTICLE 7

Passengers are not permitted to bring on board or place in their luggage any inflammable, explosive or dangerous materials such as matches, powder, cartridges, films, firecrackers, etc., or any objects prohibited from importation or not in accordance with customs and police laws and regulations. Passengers infringing this provision shall be held accountable to the company or any other carrier for damage and expenses that may result from bringing such items on board, without prejudice to any other charges otherwise incurred pursuant to French and foreign laws.
Passengers are responsible for complying with the restrictions on the import and export of certain goods and products in accordance with the laws and customs and police regulations of all countries where the ship calls.

ARTICLE 8

Animals are not allowed in the cabin. Pets are allowed in the hold if they are in a suitable travel container fitted with a keyless locking mechanism and containing absorbent material. The container should accommodate one animal only, with a leash attached to the outside of the container. Pet owners are required to provide all up-to-date documents such as vaccination cards, certificate showing the microchip or tattoo number, etc.). The company is not liable for the health of the transported animals.

ARTICLE 9

The carrier is not liable for cash, securities, jewellery, cameras, video recorders, computers, phones and other valuables carried by passengers.

ARTICLE 10

Vehicles allowed on board must comply with the following characteristics: the vehicle must be in working order (broken-down vehicles will not be accepted on board). Maximum length: 3.9 metres - Maximum width: 1.9 metres - Maximum height: 1.9 metres – Gross Vehicle Mass (GVM) / 1.2 ton or 1,200 kg. If you are travelling with an oversized vehicle or trailer, contact the company.
The vehicle must be accompanied by a driver in possession of the following documents: valid identity card, driver’s license, insurance certificate + coupon (photocopies not accepted), vehicle registration certificate, technical inspection certificate and a written authorization on behalf of the owner if the driver of the vehicle is not the actual owner.
Vehicle check-in: at least 1 hour before departure, check-in closes 30 minutes before the scheduled departure time.

ARTICLE 11

The captain and the company are not responsible for diversions, changes to the route or timetable, disruptions to the service, delays in departure and arrival times, failure to meet connections or for an imposed period of quarantine. In the latter instance, all health and food expenses are borne by the passenger.
Furthermore, the captain and the company are not responsible for any delays with respect to the execution of the transport contract, nor for its nonfulfillment, nor for any consequences that may result from events outside their control or cases of force majeure, damages, civil or foreign war, general or partial strikes, coalitions of employers, workers, officers, seamen, or of any employees whether or not they are in the service of the company, nor for the lay-up or the partial or total stoppage of the company’s ships resulting from a general or partial lock-out, whatever the cause. They therefore disclaim all liability for the consequences of such irregularities or interruptions to, or cancellations of the service. Any resulting costs and risks will be borne by the passenger.

ARTICLE 12

The captain is allowed to tow, to provide assistance to boats in all circumstances, to re-route, to carry out any rescue operations and any transfers, the passengers waiving any claim on this count.
The company is required to make and keep the ship seaworthy, adequately staffed, equipped and supplied for the trip, and to carry out any necessary procedures to ensure the safety of its passengers.

ARTICLE 13

For personal injury caused to passengers either on board, or during boarding or disembarkation, as well as for loss or damage affecting passenger baggage, passengers must make a statement to the captain of the ship before disembarking. Personal injury, or loss of, or damage to baggage, may be compensated by the carrier if it is established that the latter has violated the obligations stipulated in the previous article or if a fault was committed by the carrier or one of its agents. If the personal injury or loss of or damage to baggage has not been the subject of a joint examination, involving the presence of captain or his representative, or upon disembarkation at the latest, any action for damages shall be declared inadmissible.

The maximum amount of compensation payable by the carrier in case of loss or damage to baggage (excluding vehicles) is 150 euros per passenger. In addition, the company may only be held liable by the passengers themselves or their dependents under the conditions fixed by the French law of 18 June 1966 and its implementing decrees governing the liability of sea carriers, or where appropriate, under the conditions established by the international convention signed in Brussels on 29 April 1961.

ARTICLE 14

For any delay in the delivery of baggage, detrimental to passengers and engaging the liability of the company, the compensation payable by the latter may not exceed 20% of the compensation payable in the case of loss of said baggage. The company has a period of 1 month to look for lost items.

ARTICLE 15

In the event of personal injury caused to the passenger, he/she must submit his/her claims in writing by hand-delivered letter to the captain, before disembarkation. If the passenger fails to comply with this regulation, it will be presumed, unless proven to the contrary, that he/she has arrived safely.

ARTICLE 16

The carrier may not be held responsible if a passenger is deemed inadmissible by the immigration authorities. The passenger must ensure that he/she complies with all the entry and exit conditions imposed by the authorities at the place of departure, destination and stopover.

ARTICLE 17

Food and beverages on board are at the expense of the passenger.

ARTICLE 18

For safety reasons and in accordance with the ISPS code (International Ship and Port Facility Security), the ship is equipped with video surveillance equipment.

ARTICLE 19

a) The limitations, exonerations and conditions contained in the present contract pertaining to the liability of the carrier shall also extend to its staff, ships, employees and other representatives. In the case of a substitute vessel being used, these shall also extend to the owners, agents, employees and other representatives of said substitute vessel. Liability actions should be prescribed within a legally stipulated time period.
b) The illegality or invalidity of any clause, paragraph or provision of the present contract will not affect or invalidate the other paragraphs or stipulations of the contract.
c) The court having jurisdiction for any difficulties that may arise from the execution of this contract, even in case of appeal or multiple defendants or related actions, is the commercial court of Pointe-à-Pitre.
The passenger undertakes to accept the jurisdiction of this court and agrees not to pursue the company in any other court.

Travel agents operating as the representative of L’Express des îles for material operations such as seat reservations and the issuing of tickets may not be held liable to users for any damages that may occur as a result of or during the trip.

ARTICLE 20

No agent, employee or representative of the carrier has the right to alter, modify or waive any provision of these present conditions of carriage.

Top of page
Copyright Express des lles - Legal information - Confidentiality - General conditions of transport - Conditions of sale