These Fare Rules & Conditions are the conditions on which Bistari Gemilang Travel Sdn Bhd and Bistari Gemilang Shipping Sdn Bhd (“Bluewater”) carries any person and their property.
”Carrier”, “Bluewater”,“"We” shall refer to Bistari Gemilang Travel Sdn Bhd and Bistari Gemilang Shipping Sdn Bhd, its direct and indirect holding companies, subsidiaries, fellow subsidiaries, affiliates, assigns or successors.
“Dangerous Items” includes weapons, firearms, ammunition, explosives, incendiary devices or inflammable or other dangerous, harmful, hazardous or noxious article or substance of any kind.
“e-Tickets System” refers to the Carrier’s on-line ticketing system at www.bluewater.my
"Ferry" means the boat, ferry or vessel means of transport provided by the Carrier from the port of embarkation to the port of destination pursuant to this Passage Contract, and any vessel onto which the Passenger and Luggage may be transhipped while enroute from the port of embarkation to the port of destination.
“Ferry Service” means any journey made by a Ferry provided by the Carrier from Mersing Jetty to Tioman Island and shall include local jetty on every village in Tioman Island (Genting, Paya, Tekek, ABC and Salang only)
“Luggage” shall mean any property which the Passenger brings on to the Ferry, including baggage carried on board and check-in baggage.
“Passenger” shall include but is not limited to the person or entity that purchases a Ticket and/or travels on a Ferry Service.
“Passage Contract” shall refer to the contract that is entered into between the Carrier and the Passenger which is contained in the Ticket and/or any other document that is issued by the Carrier to the Passenger.
“Ticket” or “Tickets” includes all tickets sold by Bistari Gemilang Travel Sdn Bhd or Bistari Gemilang Shipping Sdn Bhd which the Passenger may purchase from the Carrier by phone, email or through the Carrier’s on-line purchase system, all of which incorporate these Fare Conditions & Rules.
2. TICKETING AND FARE RULES
The following ticketing fare and rules apply to every Passage Contract between the Carrier and the Passenger.
2.1 Booking of tickets
2.1.1 Booking of Tickets with the Carrier
The Carrier accepts booking of Tickets through the following methods:-
2.1.2 Booking of Tickets with the Carrier
- Ticket booking through the e-Ticketing System;
- Ticket booking through Phone Reservation (+607-799 4811 / +607-799 5696) and
- Ticket booking through Email Reservation via ([email protected]).
If a Passenger books a travel ticket or otherwise deals with the Carrier, through a sales agent, travel agent, tour operator or other intermediary (“Agent”), the Passenger agrees and acknowledges that by obtaining a boarding pass from the Carrier and/or traveling on a Ferry Service, the Passenger enters into a Passage Contract with the Carrier to which these Fare Rules and Conditions apply fully. In addition, the Passenger agrees and acknowledges that:-
- the Agent acts solely as the Passenger’s agent and is fully authorized to act for and on the Passenger’s behalf in any matter whatsoever including but not limited to collecting any boarding pass issued by the Carrier, making, requesting any amendment or cancellation of a reservation, signing any document whatsoever and paying and receiving any monies;
- the Carrier shall not be liable for any act, neglect or default of the Agent;
- the Carrier shall not be liable to refund any monies paid by the Passenger to the Agent for onward transmission to the Carrier or for other purposes which the Agent failed to do or to re-issue any boarding pass, which has already been issued and delivered to the Agent;
- In the event the Agent fails to remit to the Carrier any monies paid to it by the Passenger for whatever reason, you shall be and will remain liable for the sums due to the Carrier.
Bluewater does not sell any sort of ferry tickets on board the ferry. Any tickets sold on board or by unauthorized ticketing agent / personnel considered illegal tickets. We do not hold any responsibilities or liabilities of purchasing any illegal tickets purchased by passengers.
The Passenger shall reimburse, fully indemnify, and hold the Carrier harmless against all or any liabilities, losses, claims, damages, expenses and/or delay of whatever nature, sustained or incurred by, or made upon the Carrier, whether directly or indirectly by reason of the Passenger’s negligence, breach of duty or failure to comply with these terms and conditions.
Subject to the terms herein, if the Passenger books a travel ticket or otherwise deals with the Carrier, through an Agent, then the Passenger must direct and make any complaints or claims to the Agent from whom the Passenger purchased the travel ticket.
2.2 Ticket Price
All fares and prices are in Malaysian Ringgit (MYR). The price of the Ticket sold by the Carrier are as follows:-
- Regular Adult Ticket: One-Way: From MYR 35.00 to MYR 95.00
- Regular Child Ticket: One-Way: From MYR 30.00 to MYR 90.00
Ticket prices quoted are per Passenger (both adult and child). The Carrier will not be obliged to carry any child less than 12 years of age unless that child is accompanied by a responsible person aged 18 or over.
The Ticket prices are valid at the time of publication, subject to change at any time without prior notice.
2.3 Ferry Service And Departure Schedule
The Ferry Service and the departure schedule are valid at the time of publication, subject to change at any time without prior notice. Passengers who purchase a regular Ticket may travel on any Ferry Service provided by the Carrier.
2.4 Ticket booking through e-Tickets System
At the time of purchase, the Passenger’s name shall be specified and the Ticket shall be valid only for the named passenger. Passengers who book a Ticket through the e-Tickets System are required to make payment required at the time of booking. The e-Tickets System accepts payment by all common credit cards (MasterCard, Visa) and debit cards.
Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically stated by us. Before your card is charged, the e-Tickets System will indicate a breakdown of the value of the fare per person and any other fees and the total amount to be charged. Once the credit card or debit card authorisation is executed, a reservation confirmation in the form of an Itinerary Receipt will be sent by email and SMS ( Malaysia number only) to the email address entered by the Passenger during the purchase process.
The price of Ticket shown on the e-Tickets System is guaranteed, the reservation is confirmed and upon receipt of Itinerary Receipt by the Passenger.
Passengers may only do online check-in once payment made, reservation is confirmed and Itinerary Receipt is issued by the Carrier.
The Carrier shall not be liable or responsible for any loss, damage, cost, expense or delay arising out of any technical issue whatsoever in connection with the e-Ticket System. Ticket purchased is not extendable.
2.5 Ticket booking through Phone Reservation and Email Reservation
Phone Reservation and Email Reservation are only permitted for all Ferry Services. The Carrier shall not be liable or responsible for any loss, damage, cost, expense or delay arising out of any technical issue whatsoever in connection with the Phone Reservation and Email Reservation.
The following information are required for Phone Reservation and Email Reservation:
- Date and time of travel;
- Full name of person in charge;
- Contact number
A confirmation code will be given either through email or by sms, once full payment has been made.
- For phone reservation, customer is allowed to reserve for up to 6 passengers . If customer have more than 6 passengers, kindly drop email to us or walk in to our counters.
- For email reservation, we will take 1-2 working days to confirm the booking.
At the time of purchase, the Passenger’s name shall be specified and the Ticket shall be valid only for the named passenger.
2.6.1 Online check-in and Boarding Pass collection
Passengers are advised to complete the online check in earlier to speed up during ticket collection process.The boarding pass collection is compulsory as you may only board the ferry using the valid boarding pass issued from ticket collection counter. Passenger shall proceed to ticket collection counter 1 hour before departure time. The counter closes 20 minutes before boarding. The ticket collection counter is located at the unit W1 & W2, Mersing Harbour Centre. It's 100m walk from the departure ferry terminal.
2.6.2 Counter check-in
Passengers are required to check in at the counters 60 minutes before departure for counter check-in. Passengers will be required to produce appropriate identification and show Travel Itinerary via mobile phone/tablet/etc at the check-in counter to generate a boarding pass.
2.6.3 Restriction on changes to travel dates after boarding pass has been issued
Once a boarding pass has been issued for travel on public holidays, eve of public holidays, and weekends which fall before or after the public holiday, no subsequent changes are allowed.
We are not liable for any loss of profits, indirect or consequential loss or damage. We strongly recommend that passengers hold personal or travel insurance to cover any unforeseen circumstances that may arise (including cancellation fees, missed connections, medical and curtailment expenses, early departure from holiday due to death or illness etc). Your insurance should provide cover against personal accident, medical expenses, emergency repatriation and personal liability. We strongly recommend that you take out travel insurance before entering Tioman Island. Bluewater does not accept liability for inadequate insurance as well as your failure to effect insurance on your behalf.
2.7.2 Prohibition on carrying Dangerous Items
The Passenger must not carry Luggage, whether carried on board the Ferry or as check-in baggage, that contains Dangerous Items. The Passenger warrants that no such articles are contained in any Luggage. Any Dangerous Items in the Passenger’s possession on embarkation shall immediately be surrendered to an appropriate member of the Carrier who reserves the right to confiscate, destroy and/or turn over to authorities these or any other items it deems in its sole discretion to be detrimental to the safety or comfort of any person or which are otherwise improperly in the possession of any Passenger.
The Passenger shall be liable to and reimburse Carrier or Master of the Ferry for all fines or penalties imposed by the applicable law and for all damages and losses sustained by the Carrier, the Ferry, or any person or property or otherwise by reason or in consequence of any Dangerous Items being brought or carried on board the Ferry by the Passenger.
The Carrier reserves the right to refuse to allow any Passenger who is carrying or who the Carrier has reasonable grounds to suspect is carrying Dangerous Items to board and/or travel on any Ferry Service.
2.8 Trip Amendments
2.8.1 Rescheduling changes
Rescheduling requests must be sent directly to the Carrier’s reservation department in writing, by email, quoting the booking confirmation number and/or Itinerary Receipt number, departure date & departure time and journey details at least 72 hours before departure time and these changes is depends on availability. Any rescheduling change is not confirmed until the Carrier issues you a new confirmation code for the revised journey. Rescheduling changes are not permitted for promotion (discounted) ticket.
Should you wish to cancel any Ticket booking, please contact the Carrier’s reservation department in writing, by email, quoting the booking confirmation number and/or Itinerary Receipt number, departure date & departure time and journey details. All Tickets purchased and paid for are not refundable.
2.9 No show charges
Failure to check in on time or failure to travel by the time of your departure will result in total forfeiture of the total ticket price purchased.
2.10 Passenger’s responsibility to bring valid travel documentation
The Passenger agrees to be responsible for his or her own travel documentation, including but not limited to ensuring that his or her passport is valid for at least six (6) months and (1) day, and that he or she holds a valid visa and/or permit to enter, remain in, and/or leave any country from, through or to which the Passenger is travelling. Should the Passenger be denied entry to or exit from any country as a result of the Passenger’s failure to hold valid and/or complete travel documentation, the Carrier is under no obligation to refund any Ticket price and the Passenger is to be responsible for the costs of returning to the previous port from which the Passenger originated. The Passenger hereby undertakes to fully indemnify the Carrier for any liability and/or expenses arising out of or in connection with the Passenger’s failure to hold valid and/or complete travel documentation, the total amount of which is to be fully settled on first demand by the Carrier.
3. CARRIER’S RIGHTS AND OBLIGATIONS
3.1 Agreement to carry
The Carrier agrees to carry the Passenger and his Luggage on the terms of the Passage Contract.
3.2 Timetable of Services
All published running times of our Ferry Service are only an indication and the Carrier does not warrant that the Ferry Service will start or arrive at the published time or that any service will connect with any other service shown as a connecting service. If, in the unfortunate event, any Ferry Service is altered, delayed or cancelled, we will use reasonable efforts to notify you of the alteration, delay or cancellation.
3.3 Carrier’s right to cancel
We reserve the right to alter any timetables, delay and/or cancel a Ferry Service, and/or substitute an alternative Ferry Service without notice, at any time whatsoever, including but not limited to before or after the Passenger has paid for a Ticket or booked a seat on a Ferry Service. In the event of any such alteration, delay, cancellation and/or substitution of a Ferry Service, the Carrier will endeavour to inform the Passenger as soon as reasonably practicable.
Without prejudice to clause 3.4 of these Fare Rules and Conditions, the Carrier shall in not be liable under any circumstances whatsoever for any loss, damage, liability, or cost suffered by you as a result of any alteration of timetables, delay and/or cancellation or a Ferry Service and/or substitution of an alternative Ferry Service, for any reason whatsoever (including our breach of contract or negligence, or breach of any other duties whatsoever) except as provided in this clause 3.3.
Where a Passenger has booked a seat on the Ferry Service which is subject to any alteration of timetables, delay and/or cancellation or a Ferry Service and/or substitution of an alternative Ferry Service, the Carrier will exercise reasonable endeavours to make suitable alternative arrangements to carry the Passenger to the port of destination on another ferry.
3.4 No liability for circumstances beyond the Carrier’s control
The Carrier shall in no event be liable for any failure to perform the Passage Contract, or for breach of duty, where caused by a circumstance beyond the Carrier’s reasonable control, including but without prejudice to the generality of the foregoing:-
3.5 Carrier’s maximum liability for claims
- acts of God, including but not limited to storms, lightning, rain and flood;
- strikes, lockout, stoppages or restraint of trade or labour, industrial action or labour difficulties or shortages any cause whatsoever, whether partial or general;
- explosion, fire, collision, stranding or foundering of the Ferry or breakdown or failure of or damage to the Ferry or her hull, fitting, furnishings, machinery or equipment howsoever and wheresoever arising;
- acts of terrorism, civil commotion, riot, insurrection, war, civil war, government restraint or requisition, political disturbance, rebellion, revolution, insurrection, military or usurped power, invasion, act of foreign enemies;
- acts, sanctions, restrictions, regulations, bylaws, refusal to grant any licences or permissions, prohibitions or measures of any kind on the part of any governmental authority, or inability to secure supplies including fuel;
- breakdown, failure or irregular functioning of or damage to any electrical or electronic hardware, equipment, machinery, components, including programmes or software employed by the Carrier;
- war or threat of war;
- accidents and/or other incidents on the Ferry Service route;
- fire and/or damage at a terminal or jetty;
- compliance with requests of the police, customs or other government, officials and security services;
- unforeseen traffic delays;
- the ferry being held or delayed by a police officer, customs official or governmental official;
- other circumstances affecting passenger safety.
3.6 Rights of Carrier’s servants and agent
- We will not be liable for any Damage arising from our compliance with the applicable laws or Government rules and regulations or from your failure to comply with the same
- We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, include our property.
- We shall not be liable to your baggage and or fragile or perishable item, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, title deeds or samples.
- We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition.
- This contract of carriage and these Terms and Conditions and exclusions or limits of liability, applies to our
- authorized agents, servants, employees and representatives to the same apply to us.
It is hereby expressly agreed that no servant or agent of the Carrier (including every independent or sub-contractor whose services are from time to time utilised by and for the purposes of the Carrier) shall in any circumstances whatsoever be under any liability whatsoever to the Passenger exceeding that of Carrier while acting in the course of or in connection with their employment or agency. Without prejudice to the generality of the foregoing provisions of this clause, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder shall also be available and shall extend to protect every such servant or agent of the Carrier (including such contractors as aforesaid) acting as aforesaid and for the purpose of all the foregoing provisions of this clause, the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be the Carrier's servants or agents from time to time (including such contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the Passage Contract.
3.7 Time limit for actions
In respect of any actions against the Carrier, suit shall be brought in accordance with the provisions herein, failing which the Carrier and the Ferry shall be discharged from all liability whatsoever:-
4. PASSENGER’S BEHAVIOUR AND FITNESS TO TRAVEL
4.1 Passenger’s behaviour
- Any action arising out of the death of a Passenger – within a period of two (2) years from the date when the Passenger should have disembarked (if the death occurred before or at the time of disembarkation) or from the date of death (if the death occurred after disembarkation and results from personal injury occurring during carriage, provided that this period shall not exceed two (2) years from the date of disembarkation).
- Any action arising out of personal injury to a Passenger – within a period of two (2) years from the date when such personal injury occurred or of disembarkation of the Passenger, whichever is earlier;
- Any action arising out of loss of or damage to Luggage – within a period of two (2) years from the date of disembarkation of the Passenger to whom the Luggage belongs or in whose custody, possession or control of the Luggage is or by, with or for whom the Luggage was carried or brought aboard the Ferry, or from the date when disembarkation should have taken place, whichever is later.
- Any other actions or claims – within a period of two (2) years from the date of disembarkation of the Passenger or from the date when disembarkation should have taken place.
The Passenger represents and warrants that he will not in any way be a nuisance to other Passengers or persons and/or that his or her conduct will not in any way cause any inconvenience, endanger or undermine the health, safety or reasonable comfort of any person or persons whether on-board the Ferry or not, or endanger the safety of the Ferry and/or her fittings furnishings, machinery, equipment or any part thereof.
4.2 Passenger’s consent to reasonable search
In the interest of security and safety at sea and in the public interest, the Passenger agrees and hereby consents to a reasonable search being made of the Passenger and his or her Luggage, whether physically, by way of screening, scanning or otherwise and to the confiscation of any item which may, in the opinion of the personnel conducting such screening or search, inconvenience or endanger or undermine the health, safety or reasonable comfort of any person or persons whether on-board or not, or endanger the safety of the Ferry and/or her fittings, furnishings, machinery or equipment or any part thereof.
4.3 Carrier’s rights against the Passenger
The Carrier and/or its agents shall be entitled at any time without giving reasons, to restrain the Passenger, remove the Passenger from the ferry or terminal, refuse the Passenger further carriage, cancel the Passenger’s Ticket and/or Passage Contract without refund, and take any other measures as the Carrier considers necessary to prevent continuation of conduct which, in the opinion of the Carrier, is likely to inconvenience or endanger or undermine the health, safety or reasonable comfort of any person or persons whether on-board the Ferry or not or endanger or impair the safety of the Ferry and/or her fittings, furnishings, machinery, equipment or any part thereof, without incurring any liability whatsoever.
4.4 Passenger’s warranty of fitness
The Passenger warrants that he or she is fit to travel on any Ferry Service.
4.5 Passenger’s declaration of fitness
Passengers who are pregnant or have any form of sickness, disease, injury, infirmity, disability or illness, whether mental, physical or otherwise, which could affect their fitness for travel shall:
4.6 Passengers more than 26 weeks pregnant
- disclose their pregnancy and the stage thereof, sickness, injury, infirmity, disability or illness, as the case may be, to the Carrier at the time of reservation of passage;
- submit to the Carrier prior to sailing a medical certificate certifying their fitness for travel;
- if necessary, be accompanied and assisted by an able-bodied person of their choice and costs, who shall be responsible for their health and safety at all times including the period of transit, and
- reimburse and fully indemnify and hold the Carrier harmless against any losses, claims, damage, costs, expenses and or delay, of whatever nature sustained by the Carrier, whether directly or indirectly, and arising out of or in connection with their pregnancy, sickness, disease, injury, infirmity, disability or illness.
Passengers who are more than 26 weeks pregnant are prohibited from travelling on-board the Ferry unless a medical certificate certifying fitness to travel is provided.
4.7 Passengers requiring special assistance
Passengers who require special assistance or special arrangements to be made while on-board the Ferry shall inform the Carrier at least 72 hours prior to departure. The Carrier will take all reasonable steps to accommodate the Passenger’s request, but the provision of special assistance/arrangements is solely subject to availability and at the Carrier’s discretion.
4.8 Carrier’s right to cancel reservations
The Carrier shall be entitled at any time, without giving reasons, to refuse passage to any Passenger who is pregnant, or has any form of sickness, disease, injury, infirmity, disability or illness, whether mental, physical or otherwise or to cancel any reservation made by or for such Passenger, without any liability whatsoever to such a Passenger.
5.1 Governing Law and jurisdiction
Your ticket, the contract with us to carry you, and any carriage we provide to you shall be governed by Malaysia Government law, and the Malaysia courts shall have exclusive jurisdiction.
If any provision of these Fare Rules and Conditions is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in these Fare Rules and Conditions but without invalidating any of the remaining provisions of these Fare Rules and Conditions.
5.3 Entire Agreement
The Passage Contract contains the entire agreement between the parties and supersedes all previous negotiations, representations, agreements or commitments with regard to its subject matter, whether written or oral
These Fare Rules and Conditions may be amended at any time by the Carrier without notice to the Passenger. Continued travel on board the Ferry Service shall be deemed acceptance of the amended Fare Rules and Conditions by the Passenger.
5.5 Third party rights
Unless otherwise stated in these Fare Rules and Conditions, no person other than you and us shall have the benefit of or be entitled to rely upon or enforce any term of Fare Rules and Conditions or any other term of the Passage Contract.
5.6 Personal data
Your personal data (including details of and copies of your travel documentation) given to us by you or our agents or representatives may be kept on record by us, and used and disclosed by us for the purposes of administering your Ticket and the Passage Contract, facilitating marine department and complying with any legal obligations we may have to make available such data to government agencies or other persons in connection with your travel. You consent to this receipt, use, disclosure and transfer of your personal data. We undertake not to distribute your personal data to third parties for commercial use.