These CrewPass Terms & Conditions for Crew (the Terms) govern your registration and use of the CrewPass solution (CrewPass) as an individual crew member. CrewPass is a maritime workforce verification, compliance and crew-management platform operated by CrewPass Limited.
By completing the CrewPass registration process and indicating your acceptance of these Terms, you confirm that you are aged 18 or over and that you have read, understood and agree to be legally bound by these Terms, the CrewPass Acceptable Use Policy and the CrewPass Privacy Policy. Your attention is particularly drawn to Section 11 (Fees, payment and prepaid term), Section 20 (Warranties), Section 21 (Liability), Section 22 (Indemnification) and Section 24 (Dispute resolution).
Where you are a consumer resident in the United Kingdom, nothing in these Terms limits or removes statutory rights you have under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or other applicable consumer-protection law, and the Terms shall be read subject to those rights.
1. About us
1.1 Company details. CrewPass Limited is a limited liability company incorporated in England & Wales with registered number 10842250 and registered office at F1 Adanac North, Adanac Drive, Southampton, Hampshire, England SO16 0BT, United Kingdom (CPL, we, us, our). We operate the website www.crewpass.co.uk and the CrewPass web application at dashboard.crewpass.co.uk.
1.2 Contacting us. Operational and contractual notices should be sent to customerservice@crewpass.co.uk. Data-protection notices should be sent to dpa@crewpass.co.uk.
1.3 Contacting you. We contact you at the email address provided during registration. You must keep this email address current.
1.4 Complaints. Please raise complaints in the first instance to customerservice@crewpass.co.uk.
2. Our agreement with you
2.1 Our contract. These Terms apply to your registration and use of CrewPass and apply to the exclusion of any other terms you seek to impose, or which are implied by trade custom, practice or course of dealing.
2.2 Entire agreement. These Terms (together with the Acceptable Use Policy and the Privacy Policy) are the entire agreement between you and us in relation to your registration and use of CrewPass.
2.3 Language. These Terms are made only in the English language.
2.4 Governing law. These Terms are governed by, and shall be construed in accordance with, the laws of England and Wales.
2.5 Jurisdiction. Subject to Section 24, the parties submit all disputes arising from or relating to these Terms to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer resident in Scotland, Northern Ireland or another part of the United Kingdom or in the European Economic Area, you may also bring proceedings in the courts of the jurisdiction where you reside, as further described in Section 24.
3. Definitions
Confidential Information has the meaning set out in Section 16.1.
Cooling-Off Period has the meaning set out in Section 6.2.
CrewPass means the proprietary maritime crew verification, compliance and management solution offered by CPL, accessed via the CrewPass web application at dashboard.crewpass.co.uk (the Web Platform) and any associated services.
CrewPass Accreditation means the outcome of background, criminal records and identity checks undertaken by third-party screening providers and the resultant status displayed on your CrewPass profile.
Effective Date has the meaning set out in Section 4.4.
Employer means a vessel, captain, yacht management company, recruitment agency or other organisation that may access CrewPass through a separate CrewPass Participation Agreement with us.
Fees has the meaning set out in Section 11.
Intellectual Property Rights means all patents, copyrights, design rights, trade marks, service marks, trade names, trade secrets, rights in know-how, confidential information, manuals, methodologies and all other intellectual property rights, whether registered or not.
Invited Crew has the meaning set out in Section 11.3.
Legacy App means the CrewPass mobile application previously available on the Apple App Store and Google Play Store, which has been withdrawn from new download but may remain installed on devices belonging to existing users. Continuing use of the Legacy App is permitted on a transitional basis only and is subject to these Terms.
Legacy Plan has the meaning set out in Section 11.4.
Party means either you or us; Parties means both.
Permitted Purpose means your use of CrewPass to be verified by, and to share your profile and verification status with, Employers and other authorised CrewPass users in connection with maritime employment, placement and compliance.
Personal Data has the meaning given in the UK GDPR, and includes the personal data described in the CrewPass Privacy Policy.
Prepaid Term has the meaning set out in Section 5.1.
Standard Plan has the meaning set out in Section 11.2.
Term has the meaning set out in Section 5.1.
User Content means any data, files, documents, certificates, photographs, biometric records, profile information or other content you upload to or generate through your CrewPass account.
Vessel means a maritime vessel registered on CrewPass.
4. Registering for CrewPass
4.1 Eligibility. You must be aged 18 or over to register for or use CrewPass. CrewPass is not intended for use by minors.
4.2 Registration. You may register for CrewPass through the CrewPass website, through a direct sign-up link, or through an invitation issued by an Employer. Each registration is an offer by you to enter into these Terms.
4.3 Correcting input errors. The registration process allows you to check and amend errors before submitting your application. You are responsible for ensuring that your registration details are complete and accurate.
4.4 Acceptance. Our acceptance of your registration takes place when we send you an email confirming activation of your CrewPass account. The date of that email is the Effective Date.
4.5 If we cannot accept your registration. If we are unable to activate your account for any reason (including, without limitation, sanctions screening, age verification, incomplete information or capacity constraints), we will inform you by email, will not process your registration, and will refund any Fees already taken.
4.6 Authority. You confirm that the information you provide at registration relates to you, that you are entitled to provide it, and that you have read the Privacy Policy and understand how we will process your Personal Data.
5. Term
5.1 These Terms take effect on the Effective Date. Where you are on a Standard Plan, your access runs for a prepaid period of twenty-four (24) months from the Effective Date (each such period, a Prepaid Term), which renews automatically as described in Section 5.2. For Legacy Plans, the term is the period described in Section 11.4. These Terms continue in force for as long as your CrewPass account is active (the Term), and survive in respect of obligations that by their nature persist beyond termination.
5.2 Automatic renewal. The Standard Plan renews automatically for a further Prepaid Term of twenty-four (24) months at the end of each Prepaid Term, unless you turn off auto-renewal or cancel under Section 6. We will notify you before your current Prepaid Term ends. On renewal, the renewal Fee is charged automatically to your payment method (see Section 11.5), and you will be required to complete the checks needed to maintain your CrewPass Accreditation for the new Prepaid Term. You may turn off auto-renewal at any time through your CrewPass account or by contacting customerservice@crewpass.co.uk; if you do, your access will end at the close of your then-current Prepaid Term. Auto-renewal cannot be turned off for Invited Crew whose Fees are paid by an Employer (see Section 11.3), whose renewal is governed by the Employer's arrangement with us.
6. Termination and cooling-off
6.1 Termination by you. You may terminate these Terms at any time by writing to customerservice@crewpass.co.uk. Refund eligibility (if any) is set out in Sections 6.2, 6.3 and 11.
6.2 14-day cooling-off period (Consumer Contracts Regulations 2013). If you are a consumer in the United Kingdom or European Economic Area, you have a statutory right to cancel these Terms within fourteen (14) days of the Effective Date (the Cooling-Off Period) without giving a reason.
6.3 Effect of cancellation during the Cooling-Off Period.
(a) If you cancel within the Cooling-Off Period and no background, criminal records or identity check has been initiated for you, we will refund the Fees you have paid in full, using the same payment method, within fourteen (14) days of receiving your cancellation notice.
(b) If you cancel within the Cooling-Off Period and a background, criminal records or identity check has already been initiated or completed at your express request, you remain liable for an amount proportionate to the supply made up to the point of cancellation, calculated by reference to the total Fees payable under these Terms. Where a check has been completed, the amount payable will generally reflect the cost to us of that check, up to a maximum of the Fees paid by you.
(c) By agreeing at registration to your background, criminal records and identity checks being initiated during the Cooling-Off Period, you expressly request that we begin the relevant service before the end of the Cooling-Off Period, and acknowledge that your right to cancel without charge will be reduced or lost in respect of services already supplied, in accordance with regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
6.4 Termination by CPL. We may terminate these Terms immediately and without liability in the event of: (a) any default by you in paying a recurring Fee when due (including a Standard Plan renewal Fee or a Legacy Plan payment) that is not remedied within seven (7) days of a payment reminder issued under Section 11.8; (b) any other material breach by you of these Terms, the Acceptable Use Policy or applicable law that is not remedied within fifteen (15) days of written notice (or sooner, where the breach is incapable of remedy); or (c) we decide to discontinue CrewPass or your plan, in which case we will give you ninety (90) days' written notice and refund any prepaid Fees that relate to the unused balance of your Prepaid Term.
6.5 Termination for sanctions or fraud. We may suspend and terminate these Terms immediately, and deny access to CrewPass, if you, or any person closely connected with you, become subject to economic sanctions, or where we reasonably suspect that you have provided false information at registration, impersonated another person, or used CrewPass to commit fraud.
6.6 Consequences of termination. On termination, the licence granted under Section 9.1 ceases. You remain liable for Fees properly due up to termination. Sections that by their nature survive termination (including Sections 15, 16, 17, 20, 21, 22 and 24) survive. Personal Data retention on termination is governed by the Privacy Policy.
7. The CrewPass solution and services
7.1 The Web Platform. CrewPass is delivered primarily through the Web Platform at dashboard.crewpass.co.uk. Use of the Web Platform requires a modern, supported web browser and an internet connection. We do not warrant operation on browsers or devices we have notified as unsupported.
7.2 Legacy App. The Legacy App has been withdrawn from app store distribution. Where you continue to access CrewPass via the Legacy App, you do so on a transitional basis and acknowledge that functionality may be limited or unavailable, and that features will be retired without notice. We recommend that you transition to the Web Platform.
7.3 Withdrawn features. Certain features that may have been available in earlier versions of CrewPass (including in-app messaging, group chat, vessel watch-rota tools, in-and-out boards and on-board location signalling) have been withdrawn from the product. These features do not form part of CrewPass under these Terms, and no representation is made about their availability, accuracy or security. References to such features in earlier crew terms are superseded by these Terms.
7.4 Descriptions and illustrations. Any descriptions of CrewPass on our website, in marketing materials or in product communications are intended to give a general indication of features. They do not form part of these Terms or have contractual effect.
7.5 Changes to specification. We may amend the specification of CrewPass where this is required by law, regulation or platform changes, or where the amendment does not materially adversely affect your overall use of CrewPass.
7.6 Reasonable care and skill. We warrant that CrewPass and the related services will be provided using reasonable care and skill, as required by section 49 of the Consumer Rights Act 2015.
8. Your obligations
8.1 You are responsible for ensuring that:
(a) the information you provide at registration and during use of CrewPass (including your name, date of birth, nationality, contact details, identity documents, qualifications and certificates) is true, accurate, current and complete;
(b) you cooperate with us in all reasonable matters relating to your use of CrewPass, including identity, sanctions and compliance checks;
(c) you comply with all laws applicable to your use of CrewPass, including data-protection, travel, border, immigration and sanctions laws;
(d) you do not impersonate any person, use a false identity or share your CrewPass login credentials with anyone;
(e) you do not rent, lease, sub-licence, loan, transfer or otherwise make available your CrewPass account to a third party;
(f) you access CrewPass only through your own user account and credentials, and do not attempt unauthorised access; and
(g) you do not publish opinions, commentary or marketing referring to CrewPass on any public forum, including social media, in a manner that is defamatory, misleading or breaches the Acceptable Use Policy.
8.2 Your Default. If our ability to provide CrewPass is prevented or delayed by your failure to comply with this Section 8 (Your Default), we may suspend access until you remedy the default and will not be responsible for any resulting cost or loss. Nothing in this Section 8.2 affects rights you may have as a consumer where the cause of the delay is not your fault.
9. Licence
9.1 Licence. Subject to these Terms (including the payment of Fees), we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use CrewPass during the Term, solely for the Permitted Purpose.
9.2 Licensing restrictions. You shall not, and shall not permit any third party to: (a) reverse engineer, decompile or disassemble CrewPass; (b) resell, sub-licence, share or systematically extract data from CrewPass; (c) sub-licence any rights granted under these Terms; (d) impair our or our licensors' Intellectual Property Rights; (e) commercialise or incorporate CrewPass into any other product or service; (f) remove proprietary notices; (g) transmit malicious code through CrewPass; or (h) give a third party access to CrewPass without our prior written consent.
9.3 Acceptable Use Policy. Use of CrewPass is conditional on you complying with the CrewPass Acceptable Use Policy.
10. Suspension of CrewPass
10.1 We may suspend CrewPass or your access:
(a) to deal with technical problems or make minor technical changes;
(b) to update CrewPass to reflect changes in law or regulation;
(c) for operational reasons, security reasons or in an emergency;
(d) where we reasonably believe you are in breach of these Terms, the Acceptable Use Policy or any applicable law;
(e) pending the outcome of an investigation following a complaint about your use of CrewPass;
(f) where we are obliged to comply with an order, instruction or request of a government, regulator, court or emergency service; or
(g) to prevent damage to our or our partners' systems.
10.2 We will attempt to notify you in advance of any non-urgent suspension. If we suspend CrewPass for more than sixty (60) days for reasons unrelated to your conduct, you may terminate these Terms under Section 6.1 and receive a pro-rata refund of any prepaid Fees attributable to the unused balance of your Prepaid Term.
11. Fees, payment and prepaid term
11.1 Fees. The fees and charges payable by you for CrewPass (the Fees) are set out at the point of registration, on the CrewPass website or in your account, and depend on the plan you select or are placed on at registration.
11.2 Standard Plan — £199 per 24-month term. New crew registrations are placed on the standard plan (the Standard Plan), under which you pay £199 (one hundred and ninety-nine pounds sterling) for each prepaid Prepaid Term of twenty-four (24) months. The £199 covers both the background, criminal records and identity checks required to obtain your CrewPass Accreditation and your CrewPass account access for that 24-month Prepaid Term. The Standard Plan is a recurring subscription that renews automatically every twenty-four (24) months: unless you have turned off auto-renewal or cancelled under Section 6, the £199 Fee (at the then-current price) is charged again to your payment method at the start of each new Prepaid Term, at which point you will be required to refresh your checks to maintain your Accreditation. Renewal and cancellation are described in Sections 5.2 and 6.
11.3 Invited Crew. Where you have been invited to CrewPass by an Employer who has agreed to pay your Fees on your behalf (Invited Crew), the Fees for the relevant prepaid period are paid by that Employer and no charge is taken from you for that period. The Employer's payment is governed by its own Participation Agreement with CPL; you are not party to that arrangement. If your relationship with the Employer ends, or the Employer's authorisation lapses, your CrewPass account may revert to a Standard Plan at renewal.
11.4 Legacy Plans. Crew who registered under earlier versions of these Terms may be on a legacy monthly, legacy annual, or legacy invited plan (each a Legacy Plan). Legacy Plans are grandfathered as follows:
(a) crew on a legacy monthly plan continue to pay the monthly Fee they registered at, by recurring card payment, until the end of their existing twenty-four (24) month commitment, after which they will be offered the then-current Standard Plan;
(b) crew on a legacy annual plan continue to pay the annual Fee they registered at, by recurring card payment, until the end of their existing twenty-four (24) month commitment, after which they will be offered the then-current Standard Plan; and
(c) crew on a legacy invited plan continue under the arrangements set out in Section 11.3.
We may, on no less than thirty (30) days' written notice, migrate Legacy Plan users to the Standard Plan at the next renewal point; we will not change the price of an existing Legacy Plan during its current term.
11.5 Payment method and recurring billing. Fees are payable by major credit or debit card or by another payment method we make available at registration. By registering for the Standard Plan, or by providing card details for a Legacy monthly or annual plan, you authorise CrewPass and its payment processor to charge your payment method on a recurring basis: for the Standard Plan, the £199 Fee at the start of each Prepaid Term while auto-renewal remains on; and for a Legacy Plan, on the recurring cycle applicable to that plan. You may update or revoke that authorisation, or turn off auto-renewal, at any time through your account or by contacting customerservice@crewpass.co.uk, although doing so does not release you from Fees properly due for your current Prepaid Term or Legacy Plan commitment.
11.6 Per-check Fees. Background, criminal records and identity verification checks are normally included in the Standard Plan and Legacy Plans on the basis described at registration. Any additional checks ordered outside the included scope are charged at the price stated at the point of order.
11.7 Taxes. Fees are stated inclusive of UK VAT where applicable, unless otherwise stated.
11.8 Late payment. Where a recurring Fee (including a Standard Plan renewal Fee or a Legacy Plan payment) is unsuccessful, we may retry the charge and, if the Fee remains unpaid seven (7) days after a payment reminder, we may suspend your access under Section 10 until payment is made.
11.9 Price changes. We may change the headline price of the Standard Plan or of Legacy Plans on no less than thirty (30) days' written notice; price changes do not affect Fees already paid for an existing Prepaid Term or Legacy Plan commitment.
12. Customer support
We provide customer support via email at customerservice@crewpass.co.uk. We aim to acknowledge support requests within one (1) business day and to resolve routine requests within five (5) business days. Where a request depends on input from a third party (for example a screening provider, identity provider or document issuer), resolution time runs from the point at which the relevant information is received by us.
13. Updates, errors and availability
13.1 Updates. We may update or modify CrewPass at our discretion, including by adding, modifying or removing features. Where an update materially reduces the functionality on which you rely, we will give reasonable prior notice where practicable.
13.2 Errors. Please report apparent errors to customerservice@crewpass.co.uk. We will use commercially reasonable efforts to investigate and respond.
13.3 Availability. We use commercially reasonable efforts to provide CrewPass with high availability, but do not guarantee uninterrupted or error-free access. Scheduled maintenance, force majeure and circumstances outside our reasonable control are not breaches of these Terms.
14. Uploading content
14.1 When you upload content to CrewPass, you must comply with the Acceptable Use Policy.
14.2 Ownership. You retain ownership of User Content you upload, but grant us the rights set out in Section 15.2 to the extent you have the right to grant such a licence.
14.3 Accuracy and authority. You confirm that User Content you upload is accurate, that it relates to you, and that you have the right and authority to upload and share it.
14.4 Sharing with Employers. You acknowledge that User Content you upload (and your CrewPass Accreditation status) may be shared with Employers to whom you have granted access through CrewPass, in accordance with the Privacy Policy. You can manage these access permissions through your account.
14.5 Removal. We may remove User Content that we reasonably consider breaches the Acceptable Use Policy or applicable law.
15. Intellectual property
15.1 CrewPass IP. CrewPass is licensed, not sold. We (and our licensors) own all Intellectual Property Rights in CrewPass and all derivative works arising from its development.
15.2 Licence in User Content. You grant us a worldwide, royalty-free, non-exclusive licence (with the right to sub-licence to our sub-processors and to Employers you have authorised) to use, host, store, copy, transmit, display and process User Content for the purposes of providing CrewPass to you, validating and verifying that User Content, sharing your profile and verification status with authorised Employers, complying with our legal obligations, and for internal analytics, training and improvement purposes. Where User Content is aggregated or anonymised, we may use it indefinitely. Personal Data is processed in accordance with the Privacy Policy.
15.3 Use of CrewPass materials. You may print or download extracts of CrewPass for your personal, non-commercial use only. You may not modify, redistribute or commercialise CrewPass content without our prior written consent.
15.4 Brands and trade marks. CrewPass® and associated logos are our trade marks. You may not use them without our prior written consent except as expressly permitted in these Terms.
16. Confidentiality
16.1 Definition. Confidential Information means any information of a confidential or sensitive nature disclosed by one Party to the other, whether marked as confidential or which a reasonable person would treat as confidential. It excludes information that: (a) is or becomes public other than through breach; (b) was already known to the recipient; (c) is independently developed; or (d) is required to be disclosed by law (subject to Section 16.4).
16.2 Non-disclosure. Each Party shall keep the other's Confidential Information confidential and use it only for the purposes of these Terms.
16.3 Protection. Each Party shall protect the other's Confidential Information using at least a reasonable standard of care.
16.4 Compelled disclosure. If a Party is required by law or process to disclose the other's Confidential Information, it shall (where lawfully possible) notify the other promptly.
17. Data protection
17.1 CrewPass Limited is the controller for Personal Data processed in connection with your use of CrewPass. Our collection, use, sharing and retention of your Personal Data is described in detail in the CrewPass Privacy Policy, which forms part of these Terms.
17.2 Sub-processors. CrewPass uses certain sub-processors to deliver the service (including, without limitation, identity verification, background screening, payment processing, cloud hosting and communications providers). The categories of sub-processors used are set out in the Privacy Policy. A current list of named sub-processors is available on request from dpa@crewpass.co.uk.
17.3 International transfers. Some of our sub-processors are based outside the United Kingdom. Where Personal Data is transferred outside the UK we rely on appropriate safeguards as described in the Privacy Policy, including UK adequacy decisions, the UK International Data Transfer Agreement, the UK Addendum to the EU Standard Contractual Clauses, and the EU Standard Contractual Clauses where applicable.
17.4 Automated decision-making and AI (UK GDPR Articles 22A to 22D). Certain CrewPass features use automated processing and AI-assisted tooling to support verification and compliance, including the automated parsing, classification and validation of certificates and compliance documents, automated identity and document verification by our identity verification provider, automated risk scoring used to support manual review, and automated routing of workflows within the verification pipeline. These tools support, and do not replace, review by our team, and outcomes affecting your CrewPass Accreditation receive meaningful human involvement before they take effect. Where we make a significant decision about you that is based solely on automated processing, within the meaning of Articles 22A to 22D of the UK GDPR (as inserted by the Data (Use and Access) Act 2025), you have the right to be informed of the decision, to obtain meaningful information about it, to make representations, to obtain human intervention and to contest it. The processes by which these rights are exercised, including how to request human review of a verification outcome, are described in the Privacy Policy. To exercise any of these rights, contact dpa@crewpass.co.uk.
17.5 Your rights. Your rights of access, rectification, erasure, restriction, objection, data portability and to withdraw consent are described in the Privacy Policy. You also have the right to lodge a complaint with the Information Commissioner's Office (www.ico.org.uk).
17.6 Marketing. We process your contact details for marketing communications only on the basis described in the Privacy Policy. You can update your marketing preferences at any time through your CrewPass account or by emailing dpa@crewpass.co.uk; withdrawing consent does not affect the lawfulness of any processing carried out before the withdrawal.
18. User-generated content
CrewPass may include content uploaded by other users. We do not verify or endorse such content, and the views expressed in user-generated content are not ours.
19. Cyber security
19.1 CrewPass controls. CrewPass maintains commercially reasonable administrative, physical and technical safeguards to protect the CrewPass platform, including encryption in transit (TLS / HTTPS), encryption at rest, role-based access controls, network segmentation, logging and monitoring, application-layer protections (including CSRF and XSS mitigations), regular vulnerability testing and personnel training.
19.2 Your account. You are responsible for keeping your CrewPass login credentials confidential, using strong authentication where offered, using up-to-date malware protection on your devices, and notifying us promptly at customerservice@crewpass.co.uk of any suspected compromise of your account.
20. Warranties
20.1 We warrant that we have the right to provide CrewPass and to grant the licence in Section 9.
20.2 Reasonable care and skill. Without limiting Section 7.6, where you are a consumer the services provided under these Terms are provided with reasonable care and skill as required by the Consumer Rights Act 2015.
20.3 Outcome. We do not warrant that CrewPass will produce particular employment, placement, visa, immigration or compliance outcomes, or that any Employer, recruitment agency, vessel owner, manager, governmental authority or third-party screening provider will accept the results delivered through CrewPass. All hiring, employment, placement and onboarding decisions remain with the relevant Employer.
20.4 Subject to consumer rights, no other warranties. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND SAVE FOR ANY WARRANTIES OR RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED AS AGAINST A CONSUMER UNDER APPLICABLE LAW, CREWPASS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
21. Liability
21.1 No exclusion for unlawful matters. Nothing in these Terms excludes or limits liability that cannot be excluded or limited as a matter of law, including for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by sections 49 and 50 of the Consumer Rights Act 2015 (services to be performed with reasonable care and skill, and as agreed); and (d) any other liability that cannot be excluded or limited under English law as against a consumer.
21.2 Liability cap. SUBJECT TO SECTION 21.1, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED TO THE TOTAL FEES PAID BY YOU (OR, IF YOU ARE INVITED CREW, PAID BY YOUR EMPLOYER IN RESPECT OF YOU) UNDER YOUR THEN-CURRENT PREPAID TERM OR LEGACY PLAN COMMITMENT.
21.3 Excluded losses. SUBJECT TO SECTION 21.1, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY, EMPLOYMENT OPPORTUNITY, REPUTATION, DATA, GOODWILL OR ANTICIPATED SAVINGS, WHETHER OR NOT FORESEEABLE. Where you are a consumer, we are responsible for foreseeable loss and damage caused by us; foreseeable means either obvious that it will happen or where you and we both knew it might happen.
21.4 Allocation of risk. You agree that the limitations in this Section reflect a reasonable allocation of risk having regard to the Fees and to the nature of CrewPass, and that the Fees would be materially higher if a higher limit were agreed.
22. Indemnification
To the maximum extent permitted by law, and subject to any rights you have as a consumer that cannot be excluded or limited under applicable law, you shall indemnify and hold harmless CPL, its affiliates, officers, employees and representatives against all losses, damages, claims, liabilities, fines and reasonable legal costs arising out of or in connection with: (a) User Content you upload that is false, inaccurate, misleading, fraudulent or in breach of the rights of any third party; (b) your breach of these Terms or the Acceptable Use Policy; (c) your impersonation of another person or use of a false identity; or (d) any unauthorised act of any person using credentials issued to you, save where the unauthorised access was caused by our breach of these Terms or by our failure to use reasonable care and skill. Nothing in this Section 22 affects rights you have as a consumer under the Consumer Rights Act 2015 or other applicable consumer-protection law, and the indemnity in this Section is in any event subject to the liability cap in Section 21.2.
23. No text or data mining or web scraping
You shall not conduct, facilitate or permit any text or data mining or web scraping in relation to CrewPass, including by use of bots, scrapers, spiders or other automated tools, or by automated analytical techniques. This is an express reservation under Article 4(3) of the Digital Copyright Directive ((EU) 2019/790) and corresponding provisions of UK law.
24. Dispute resolution
24.1 Informal resolution first. Before commencing any formal proceedings, you and we shall use reasonable efforts to resolve any dispute by good-faith discussion. Please send a written notice describing the dispute to customerservice@crewpass.co.uk; we will respond within thirty (30) days.
24.2 UK and EEA consumers — courts. If you are a consumer resident in the United Kingdom or in a Member State of the European Economic Area, you may bring proceedings to enforce your rights under these Terms or under applicable consumer-protection law in the courts of the jurisdiction in which you reside, or in the courts of England and Wales. Nothing in this Section 24 limits your statutory rights as a UK or EEA consumer, including (in the UK) the right to bring a claim in the UK courts under the Consumer Rights Act 2015 or (in the EEA) any non-derogable rights under the law of your country of residence. Statutory limitation periods apply where this would otherwise be unenforceable against you as a consumer.
24.3 Non-consumers and consumers outside the UK and EEA — arbitration. Where Section 24.2 does not apply, any dispute arising out of or in connection with these Terms (including non-contractual disputes or claims) shall be referred to and finally resolved by arbitration under the LCIA Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this Section. The number of arbitrators shall be one. The seat of the arbitration shall be London. The language of the arbitration shall be English. The governing law shall be the law of England and Wales.
24.4 Class actions (subject to consumer rights). Where Section 24.3 applies, disputes are resolved between you and us on an individual basis only, and you and we waive any right to bring or participate in any action, lawsuit or proceeding as a class or collective action, to the extent permitted by law. Nothing in this Section 24.4 affects rights you may have as a UK or EEA consumer.
24.5 Limitation (subject to consumer rights). Where Section 24.3 applies, any claim must be notified within one (1) year of the events giving rise to the claim. Where you are a UK consumer, the statutory limitation periods under the Limitation Act 1980 (or, in Scotland, the Prescription and Limitation (Scotland) Act 1973) apply, and this Section 24.5 does not shorten them. Where you are an EEA consumer, any non-derogable limitation periods applicable under the law of your country of residence apply, and this Section 24.5 does not shorten them.
25. Miscellaneous
25.1 Press releases. You may not make public statements about CrewPass that are defamatory, misleading or in breach of these Terms. We may identify you in our marketing only with your prior consent or where you have made your CrewPass profile publicly searchable.
25.2 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a sale, merger or reorganisation, provided this does not adversely affect your rights.
25.3 Notices. Notices under these Terms must be in writing and sent by email to the address shown in Section 1.2 (for us) or to the email address you provided during registration (for you).
25.4 Force majeure. Neither Party is liable for delay or failure caused by events outside its reasonable control, including acts of God, war, terrorism, pandemic, regulatory action, infrastructure failure or industrial dispute. Where you are a consumer, this Section 25.4 does not affect your statutory rights.
25.5 No partnership. Nothing in these Terms creates a partnership, joint venture, agency or fiduciary relationship.
25.6 Severability. If any provision is found unenforceable, it shall be modified to the minimum extent required and the remainder shall continue in full force.
25.7 Cumulative remedies. Remedies are cumulative.
25.8 Successors and assigns. These Terms bind and benefit the Parties' permitted successors and assigns.
25.9 Survival. Sections that by their nature survive expiry or termination shall survive, including Sections 15, 16, 17, 20, 21, 22 and 24.
25.10 Amendments. We may amend these Terms from time to time. Material changes will be notified to you in advance by email or in-product notification. If a material change is to your detriment, you may terminate these Terms within thirty (30) days of notification and receive a pro-rata refund of any prepaid Fees attributable to the unused balance of your Prepaid Term. Continued use of CrewPass following the effective date of an amendment constitutes acceptance of the amended Terms.
25.11 Third parties. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce them, save that nothing in these Terms is intended to prejudice any rights an Employer may have under its own Participation Agreement with CPL in respect of your CrewPass Accreditation status.
APPENDIX 1 — MODEL CANCELLATION FORM
(Complete and return this form only if you wish to cancel your CrewPass registration within the Cooling-Off Period. Cancellation under this form is governed by Section 6 of these Terms.)
To: CrewPass Limited, F1 Adanac North, Adanac Drive, Southampton, Hampshire, England SO16 0BT, United Kingdom — customerservice@crewpass.co.uk
I hereby give notice that I cancel my contract for the provision of the CrewPass service.
- Ordered on / received on: ____________________
- Name of consumer: ____________________
- Address of consumer: ____________________
- Email address used at registration: ____________________
- Signature of consumer (only if this form is notified on paper): ____________________
- Date: ____________________
You do not have to use this form; an email to customerservice@crewpass.co.uk clearly stating that you wish to cancel is sufficient. This form is provided in accordance with Schedule 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.