Scottish Government

CLYDE AND HEBRIDES FERRY SERVICES: INVITATION TO TENDER

ANNEX 21
RELIEF EVENTS

This Annex sets out the main relief events which will be acceptable to the Executive. The terms and conditions of contract will set out the relief events in more detail. From time to time the Executive may also notify the operator in writing of any additional relief events which it will accept.

1. any decision by the vessel Master in the interest of protecting the safety of life at sea.
2. weather and/or tidal conditions (where the vessel's Master considers that sailing would compromise operational safety, or where these factors cause late arrival or departure).
3. decisions made by the vessel Master or the Harbour Master regarding social needs and safety-related concerns over which the operator has no control. This will include medical emergencies, the provision of unscheduled sailings to islands with infrequent services that have been disrupted by continuous bad weather, and a delay caused by the vessel waiting for a reasonable period of time for a connecting public transport service (i.e. bus, train or ferry). In all other cases, before such events are accepted as a relief event, the full circumstances of the delayed/cancelled sailing must be detailed in writing by the operator and submitted to the Executive for consideration. The Executive's decision will be final as to whether such an occurrence warranted relief event status. However this measure is intended to assist remote communities and so should be applied in a common sense fashion. The Executive will, from time to time, also issue guidance in relation to categories that will be acceptable without individual approval.
4. sailings which are delayed due to the pre-notified late arrival of passengers, vehicles, freight and/or livestock where such a delay is of direct benefit to the service users. Before such an event is accepted as a Relief Event the full circumstances must be submitted in writing to the Executive for consideration.
5. unavoidable substitution of a vessel of a lower specification during scheduled periods of planned maintenance (e.g. annual overhauls). This does not cover vessel breakdown or unscheduled maintenance other than where it is outwith the control of the Operator. The reliability of vessels is the responsibility of the Operator. The Operator has a duty to use best endeavours to provide the service, ensure appropriate levels of maintenance and availability of spare parts.
6. where a delayed, diverted or cancelled sailing has a knock on effect on subsequent sailings (e.g. connecting sailings or a shuttle service) the Operator will be expected to use best endeavours to bring the sailings back on schedule and to deal with any backlog. However if, despite best endeavours, the Operator is unable to make up the time the original delay will be taken into account when assessing whether subsequent sailings are late. For example, if a sailing is 30 minutes late and sailings for the rest of day are also 30 minutes late (despite best endeavours) the Operator would be penalised only for the first late arrival. However, if a subsequent sailing was 45 minutes late it would be deemed to be 15 minutes late and would need to be considered separately.
7. non-availability of, or operational restrictions at, harbour facilities for reasons that are outwith the Operator's control. This will include times when a berth is not free due to another operator's vessel being in place. Where a berth is not free because another of the Operator's vessels is in the berth this will be a relief event only where this is outwith the Operator's control (this will usually fall within the relief events listed here).
8. strikes or industrial action effecting the Approved Services other than strikes or industrial action directly related to the Operator. Strikes or industrial action involving the Operator's staff or employees, subcontractor's staff or employees or the staff or employees of an associated company will not constitute a relief event.
9. knock on effect of extra sailings to provide special livestock or hazardous goods sailings. However, best endeavours should be used to ensure that the effect is minimised. This would include, for example, requiring adequate notice from hauliers/customers and consideration of whether the load can be taken at the end of the day.
10. unusual loading requirements. For example, an extra long load which required extra manoeuvring, or foot passengers needing to use the linkspan to board/disembark. In the case of the latter this would only be a relief event where the normal boarding/disembarkation access was available but the specific needs of an individual passenger(s) required different arrangements.
11. unrelated river traffic
12. mechanical or other problems outwith the Operator's control e.g. the breakdown of a passenger's vehicle on board the vessel. It would not include, for example, the breakdown of a passenger gangway
13. volume of traffic may sometimes be allowed as a relief event. The timetables are based on average loading and unloading times and it is recognised that a sudden and unexpected peak in demand may put pressure on the timetable
14. fuel shortages outwith the Operator's reasonable control
15. delay/cancellation caused by the actions of the blue light services or the armed forces
16. a Force Majeure Event
17. terrorism or hijacking
18. any other events that Scottish Ministers deem to be a relief event