Condor Limited operating agreement (FOI)

Request

A

Clause 15 of the operating agreement between the Harbourmaster and Condor Limited requires that "A ferry services steering group (the "FSSG") shall be set up to review the operation of this agreement, the operator's provision of the Services and to provide a forum for discussion" and "The FSSG will be made up of four senior authorised officers from the States (two to represent the States of Jersey and two to represent the States of Guernsey) plus up to three directors of the Operator."

Who are the current senior authorised officers of the States of Jersey on the FSSG?

B

Condor Limited are currently in breach of their obligations under the operating agreement to operate two fast craft rotations between Jersey and the UK (the north route") and their published timetable indicates they shall so remain in breach into January 2018, following the planned return of the Condor Liberation to service. Clause 39 of the operating agreement requires that "Any dispute that arises between the Parties as to this Agreement or the performance of the Parties’ respective obligations under this Agreement shall first be referred to the FSSG for discussion and, if possible, resolution." and "During any dispute, including a dispute as to the validity of this Agreement, and during any period of negotiation and or mediation, it is mutually agreed that the Operator shall continue its performance of the provisions of this Agreement (unless the Parties agree otherwise). "

(a) Has the Harbourmaster referred this breach by Condor Limited to the FSSG for discussion in accordance with the agreement?, and if so (b) have the parties agreed otherwise than that Condor Limited shall continue its performance of the provisions of the agreement in accordance with Clause 39.2

Response

A

Head of Service - Economic Development, Tourism, Sport and Culture

Assistant Director - Economic Development, Tourism, Sport and Culture

B

The operating agreement allows for the suspension of performance measures during maintenance or modification reported to the FSSG. Therefore there is no breach of the agreement.