Contractual obligations and liabilities of DFDS

​​​​​Request 716684680

I am writing to request information under the Freedom of Information Act regarding the contractual obligations and liabilities of DFDS with respect to accessibility for passengers with disabilities on ferry services operating between the UK/France and Jersey.

Specifically, I would like to request the following:

What are the contractual or regulatory obligations for DFDS to provide accessible access to

passenger facilities on ferries operating between the UK/France and Jersey?

In cases where DFDS fails to provide accessible access, what forms of compensation or redress

are applicable:

a. For passengers with disabilities who have had to cancel bookings as a result of inaccessibility?

b. For businesses in Jersey that have experienced financial losses due to booking cancellations

linked to inaccessibility?

Please include any relevant contractual documents, service agreements, regulations, or

government guidelines that govern these obligations and liabilities.

If any part of this request is unclear or requires clarification, please do not hesitate to contact me.

Response

In performing its obligations under the Concession Agreement the Operator must comply with, among others:

• Discrimination (Jersey) Law 2013 
• Human Rights (Jersey) Law 2000

These Laws can be accessed via the Jersey Law Website. Therefore Article 23 of the Freedom of Information Jersey (Law) 2011 has been applied. The link to the website is copied below for reference.

Jersey Law | Home​

Critical Key Performance Indicators (KPI’s) are measured under the terms of the agreement. Among the KPI’s is a passenger satisfaction score and any passengers who are impacted by schedule changes, or vessel issues can provide feedback to DFDS through their processes. The passenger satisfaction score will be reflective of how well the operator has handled any change to schedules/vessels. 

Further details of the contract between DFDS and the Government of Jersey is deemed commercially sensitive. Therefore Article 33 of the Freedom of Information Jersey (Law) 2011 has been applied.

Government of Jersey Do not hold information on what DFDS compensations processes are. Therefore Article 3 of the Freedom of Information Jersey (Law) 2011 has been applied

Articles applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

Article 33 - Commercial interests

Information is qualified exempt information if –

(a) it constitutes a trade secret; or

(b) its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information).

Public Interest test

Article 33(b) of the Freedom of Information Law allows an authority to refuse a request for information where its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information). 

Whilst it is accepted that the public may have an interest in the requested information, it is considered that releasing this information could affect the commercial interests of the suppliers and the Government of Jersey.​