Legal position.

[GTRpilot]

Just a general question, on our recent ferry crossing, (Bilbao to Portsmouth), with Brittany ferries we went through a force 10 in the Bay of Biscay. It emerged that approximately 20 bikes had fallen over, not ours thankfully, owners were summoned to go down and pick up the bikes and asses the damage. Each person was given a form to fill out and send onto customer services reference the damage.
Brittany ferries crew strapped the bikes down at the start of the trip.
Some of the bikers said it was difficult to fully check their bikes on a darkened deck.
So who is liable? I would have thought the company, or would it be, as someone suggested "an act of god"?
Also I can see a lot of wrangling over wether some damage was there prior to the fall or not, i.e. scratches etc.
On the surface straight forward....but when the legal reps get hold of it, probably a right can of worms.

[Lonewolf]

 In any case it's a civil matter not a criminal matter. Therefore the threshold for proof is lower and is based on the balance of probability as opposed to beyond all reasonable doubt.

Is it reasonable to assume that some crossings could get rough and some bikes may fall over, obviously the answer is yes. Has this happened before, what was the outcome?

Was the person who secured the bikes experienced in doing so, where they authorised to do so, where they trained in doing so?

Are there any disclaimer signs on board or in your booking documents? Did any owners of the damaged bikes actually ask the ferry company outright whether they were going to honour the cost of repairs..,.that would have been the best approach as if the answer is yes, nobody has anything to worry about.

[PaulB]

I've travelled that route and the ferry crew *insist* on being the ones to strap the bikes down.

The ferry company are liable, imho (I am not a lawyer...)

Cheers

Paul B.

[Rusty]

I think they will find that all is well .. the company will have Marine Insurance which is why they insist on strapping down bikes and their blokes will have been trained to do it  etc ... some times even Insurance companies know when they have to pay out ! 

[GTRpilot]

In any case it's a civil matter not a criminal matter. Therefore the threshold for proof is lower and is based on the balance of probability as opposed to beyond all reasonable doubt.

Is it reasonable to assume that some crossings could get rough and some bikes may fall over, obviously the answer is yes. Has this happened before, what was the outcome?

Was the person who secured the bikes experienced in doing so, where they authorised to do so, where they trained in doing so?

Are there any disclaimer signs on board or in your booking documents? Did any owners of the damaged bikes actually ask the ferry company outright whether they were going to honour the cost of repairs..,.that would have been the best approach as if the answer is yes, nobody has anything to worry about.

According to the information desk it is not uncommon.
No disclaimer on the tickets, just advice for car drivers to turn off alarms and leave in gear, Motorcyclists are as usual an afterthought, (When loading at Bilbao, HGV's went on first, being wet the metal decks were soon awash with all sorts of liquid. Then they bring on the bikes, and the deck crew are running around waving arms to go slow and putting out warning signs that it's slippery, once your wheels are nice and wet they then direct you down 2 decks on a 45' Degree sloping ramp).
Only Deck crew are allowed to secure the bikes.
When I went back to mine they had put an extra lashing on it, which leads me to think they knew it was going to be a rough crossing.
   

[Lonewolf]

The wet ramps remind me of a ferry crossing Rusty and I did a few years back. Thankfully it was only 10 minute crossing.

[O.C.]

this question is precisely why I asked if you secured your own bikes.

The Bay of Biscay is well known for its rough seas and must be one of the worst for potential damage especially to bikes

Having crossed to Northern Ireland by bike on dozens of occasions and having actually been turned away from the ferry terminal because of damage caused to bikes on earlier crossings I would be confident that the ferry company will be liable and will have insurance to cover such an eventuality

The last time I took my bike by ferry to Northern Ireland was less than two months ago and we were asked to secure our own bikes, on previous crossings the ferry company have insisted on securing bikes themselves

[GTRpilot]

P&O Hull to Rotterdam, bikes always secured by deck staff. Shell gripped ramp and a nice boat that IMHO treats biker's very well.

[Rusty]

    Those ramps were particularly wet ... I have yet to experience dry sunny clear warm ramps at that location .. one day perhaps !