17 AAC 70.090. Liability of carrier

(a) Except where it can be shown that the ferry system was grossly negligent in carrying out its normal duties, the ferry system will not assume any liability whatsoever respecting

(1) articles left in vehicles while waiting transit, or in transit;

(2) any theft from person or baggage of a passenger or pilferage or theft from any vehicle on vessels or terminals of the ferry system;

(3) refusal to transport any person, vehicle, corpse, animal, baggage, or other article which, in the opinion of the ferry system, might damage, contaminate, or in any way whatsoever cause discomfort to traffic being handled on any particular vessel or terminal;

(4) refusal to transport any child under 12 years of age, unless accompanied by parent or responsible escort; or refusal to transport any child from the ages of 12 years to 16 years unless written permission and release from liability is given by a parent or responsible escort of such child;

(5) quality, nature or consequence of any medical or surgical treatment which may be administered during transport;

(6) loss of time, damage or expense, or inconvenience of any type, due to any change in departure or arrival time of vessel, cancellation of any sailing, substitution of one vessel for another, failure to complete voyage, delay in loading or unloading vessel, landing of any traffic carried at any terminal other than normally used or designated, which may be necessitated by circumstances and conditions beyond the control of the ferry system;

(7) injury, loss or damage that shall result from act of God, public enemy, restraint of rules, quarantine, peril of the seas or other waters, latent defect in hull, boilers, propellers, piping, shafting, or machinery; or any propelling device, or accident of navigation, or for personal injury to passengers, or loss of or damage to passengers' baggage or other property;

(8) spoilage or loss of any article or produce held in refrigerated vehicles;

(9) notwithstanding that reservations may have been made for vehicle space or stateroom accommodation, the ferry system will not be liable for any loss resulting out of or in any way attributable to the inability of the ferry system to provide vehicle space or stateroom accommodation in accordance with the reservations, or at all.

(b) With respect to any claims not specifically foreclosed by (a) of this section or elsewhere in this chapter, the ferry system shall be subject to the common law and does not admit liability by failure to enumerate such claims in (a) of this section or elsewhere in this chapter.

(c) The liability of the ferry system shall in any event cease when passengers, vehicles and any other traffic are discharged at any port.

History: Eff. 7/8/72, Register 42

Authority: AS 44.17.030

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