General Conditions of Carriage - Grimaldi Lines

The following are the general conditions of carriage of the company in question. GENERAL CONDITIONS Grimaldi Compagnia di Navigazione operates as agent for the Carriers: Atlantica SpA di Navigazione and Grimaldi & Suardiaz Lines SpA . The Carrier of the maritime route travelled is indicated on the ticket. Passengers, their luggage and accompanied vehicles are carried exclusively under the Carrier's Pacts and Conditions. The passenger, by purchasing the ticket, accepts ipso facto these Covenants and Conditions hereunder. DEFINITIONS Carrier“ means the shipowner or the owner of the vessel performing the maritime transport service. Baggage” means the passenger's hand luggage not checked in or stored in his or her own vehicle parked in the ship's garage or deposited in the ship's boot, and containing only the passenger's personal belongings. Accompanied vehicle“ means any motor vehicle (including towed vehicles, if any), used for the carriage of persons, mixed or goods not for sale, owned by, or legally at the disposal of, the passenger named on the passage ticket. POWER OF THE CAPTAIN The Master of the ship has full power to proceed without pilot, to tow and assist other ships under any circumstances, to deviate from the ordinary route, to call at any port (whether or not it is on the ship's itinerary) to transfer the passenger and his luggage to another ship for the continuation of the voyage. The Carrier and on its behalf the Master of the ship has the right to refuse embarkation to anyone who, in its sole discretion, is in a state of health that does not allow them to undertake the journey. Furthermore, the carrier, and on its behalf the ship's Master, has the right to disembark during the voyage, at any intermediate port, any passenger who is in a state of health that does not allow the voyage to continue or who causes danger or inconvenience to other passengers or the crew. The passenger shall be subject to the disciplinary powers of the Master of the ship for all matters relating to the safety of the ship and navigation. The Carrier and the Master of the ship shall have the authority to carry out any order or directive given by Governments and Authorities of any State or by subjects acting or purporting to act on behalf of or with the consent of such Governments or Authorities or any other subject who, under the terms of the ship's war risk insurance cover, is entitled to give such orders or directives. All actions and omissions by the carrier or the Master in pursuance of or as a consequence of such orders or directives shall not be considered a breach of contract. The disembarkation of passengers and baggage in accordance with such orders or directives releases the carrier from any liability for the continuation of the voyage or the repatriation of passengers. SHIPS The ships in service are Ferry Ro\Pax or CRUISE Ferry Passengers, used for the transport of passengers and goods. The announced timetables may be subject to change due to weather, port operations, port traffic, even without prior notice being given to passengers. Any resulting delay does not entitle passengers to cancel their journey and under no circumstances does it entitle them to reimbursement, compensation or compensation of any kind. RESERVATIONS Reservations can be made at a Travel Agent or via www.elladeviaggi.it. The ticket is payable upon confirmation. Freight payment is due to Grimaldi Lines at the time of booking. Failure to pay the full freight charge does not guarantee a seat reservation. No passage ticket can be issued without payment of the same. In compliance with the Security regulations, the names of the passengers, the details of their identity documents, the make, type and plate number of the vehicles indicated on the ticket must necessarily correspond to the passengers and their departing vehicles. Otherwise, access to port gates and boarding may be refused. APPLICABLE RULES The contract of carriage of passengers, their luggage and accompanying vehicles is governed by the Italian Code of Navigation as interpreted in accordance with Italian Law and by the relevant International Conventions such as the Athens Convention of 13/1/1974 as amended by the London Protocol of 19/1976. TICKETS (Contract of Carriage) A ticket is valid only for the persons to whom it is issued. A ticket cannot be transferred. The ticket may be presented in paper, fax, e-mail or digital form. Upon boarding (check-in), the ticket is replaced by the individual boarding card, which the passenger must keep during the entire crossing; should he or she be found without a passage ticket or boarding card, he or she shall be required to pay double the cost of the ticket. TARIFFS Fares are quoted in €uros. The price indicated in the ticket is that of the carrier's fare in force on the date of issue of the ticket. However, the carrier has the right to change the fares before departure, both for the outward and the return journey, in which case the passenger must, prior to embarkation, pay the difference or will have the right to terminate the contract and obtain reimbursement of the price of the passage not used. LIMITS OF LIABILITY The carrier's liability for loss of life or bodily injury or for loss of or damage to baggage, accompanying vehicle, valuables, personal belongings and other property of the passenger may in no case exceed the limits provided by the Code of Navigation and by Italian law, except where and when International Conventions apply, and in particular the Athens Convention of 13\12\74 as amended by the London Protocol of 19\11\76 ON-BOARD DISCIPLINE Passengers are obliged to strictly observe on-board discipline and to comply with the regulations in force for maritime transport and in particular those relating to the safety of navigation. Smoking is forbidden on board in all covered areas. The personnel on board are legitimately in charge of supervising compliance with this prohibition and reporting any non-compliance to the competent authorities in accordance with Law 3 of 16/103 and its implementing agreement of 16/104. Failure to comply with a provision of the law, ship's regulations, order or regulation of the Authorities on security matters is punishable in accordance with the civil and criminal laws in force. In accordance with current anti-terrorist regulations (ISPS), passengers may at any time be subject to baggage inspection and/or be asked to produce identity documents by the ship's officers. BOARDING Passengers with vehicles must present themselves for embarkation (check-in) at least one and a half hours prior to departure (to/from Tunisia three hours prior). Passengers without vehicles must present themselves for embarkation at least one hour before departure (from/to Tunisia three hours before). For all departures from Tangier from 17:00, check-in operations will take place until 14:00. After this time, boarding may be refused. In high season, queues must be taken into account. If a passenger does not present himself or herself within the aforementioned time limit, he or she loses the right to boarding even if he or she has a reservation. At the time of embarkation, he or she must be in possession of a regular ticket, a valid identity document and any documents required for disembarkation in the country of final destination and any countries to which the ship calls. Vehicles will be called for embarkation in the order that will be arranged by the Master of the vessel and/or his subordinates and attendants, and may be placed on any deck of the vessel. TRAVEL DOCUMENTS EU citizen: for Tunisia and Morocco, valid passport; for Spain, Malta, Greece, Sardinia and Sicily, valid identity card for expatriation or passport is sufficient. Non-EU citizen: valid passport with a valid residence permit or visa for a Schengen country. BOARDING UNDERAGE PASSENGERS Passengers under 12 years of age: under no circumstances may they travel unless accompanied by a person of legal age. If this is not one of the 2 parents, they must deliver to the ship's Captain / Purser a letter of custody in which the parents declare that they are entrusting their child to a designated person who will be responsible for them for all legal purposes. This letter must be accompanied by the valid identity documents of both parents and, in the case of non-EU nationals, the residence permit of the parents where the child is present will be required; Underage passengers, over 12 years of age: may be admitted on board the vessel provided that they deliver to the Master of the vessel / Purser a letter of release signed by both parents, with the documents of both parents attached, in which they declare that they assume all responsibility for any personal injury and/or damage caused to third parties. Under no circumstances will the Master of the ship and/or any other member of the crew assume custody, and consequent responsibility, of the minor on board the ship; it is understood that the passenger will be responsible for providing all the necessary documentation required by the country of destination and the Carrier assumes no responsibility in the event that such documentation should be considered insufficient by the Authorities in the port of destination. EMBARKING PREGNANT WOMEN Women in a state of advanced pregnancy, beyond the 6th month, may only travel if they have a medical certificate authorising travel issued no more than 7 days prior to the date of departure. On the other hand, if the pregnancy is complicated, the pregnant passenger must have a medical certificate authorising travel regardless of the months of pregnancy. In any case, boarding will not be permitted to women who are due to give birth in the 7 days following departure or who have given birth in the 7 days preceding departure. This is without prejudice to the ship's Captain's right to refuse boarding to a pregnant woman who is, in his sole discretion, in a state of health that does not allow her to undertake the trip. Should the Master refuse to board the passenger for a justified reason, the Carrier will only be required to reimburse the cost of the ticket. HEALTH AND VACCINATIONS Passengers are accepted on the presumption of being in good health, both physical and mental. A first aid station and a hospital cabin are available. INSURANCE The shipowner and the carrier have an insurance policy issued by the P&I Club only with regard to their liability towards third parties. Passengers are strongly advised to take out insurance against cancellation, baggage, medical expenses and assistance and repatriation. For the accompanying vehicle, see the following paragraph. ACCOMPANIED VEHICLES Only vehicles not containing merchandise for sale are considered to be accompanying vehicles. A vehicle containing anything other than luggage with personal effects or goods intended for marketing is not allowed as an accompanying vehicle and must travel as cargo. If boarding is denied because the vehicle, entered as a passenger accompanied vehicle, contains goods intended for sale, no refund will be given. Only one accompanying vehicle per passenger is permitted. Tour buses, trucks, trailers, lorries and jumbos with or without drivers must travel as freight. If the vehicle presented for embarkation belongs to a different booking code than the one indicated on the ticket, the passenger loses the right to embarkation (no refund of the ticket). In order to be accepted for embarkation, he/she must pay the difference between the categories plus the change fee. The accompanying vehicle is embarked and disembarked by the passenger, who, once he/she has parked the vehicle at the place indicated by the person in charge on board, must take care to engage the gear and pull the handbrake. The vehicle must be locked. Access to the garage area is peremptorily forbidden during the entire crossing. In the case of vehicles that are not running, it shall be the responsibility of the passenger to provide the Company in advance with a written declaration attesting to the use of a tow truck at his/her own expense, both for embarking and disembarking. In the absence of the aforementioned documentation, access to the ship may be refused. It is mandatory to declare at the time of booking whether the accompanying vehicle is equipped with a natural gas or LPG fuel system. The natural gas fuel system of the vehicles must comply with all applicable regulations and this compliance must be duly certified in the vehicle logbook. During the time that the vehicles are stowed on board, the methane tank shut-off valves must remain closed. The Passenger must be in possession of all documents required for disembarkation and customs clearance of the vehicle at the port of destination. In the event of incomplete said documents, the carrier declines all responsibility. All costs and expenses arising from the embarkation, disembarkation and customs clearance of the vehicle are the responsibility of the passenger. Any damage caused by the vehicle to the vessel and/or third parties must be compensated directly by the Passenger who caused the damage, or through their insurance company. However, the Passenger may at any time be asked to sign a damage liability declaration before disembarking from the ship. It is also advisable to take out an insurance policy to cover any damage that may occur during the maritime transport for which the carrier cannot be held liable; in fact, the carrier will only be liable for damage that results from its direct responsibility and within the limits provided for by the Italian Code of Navigation or any applicable International Convention. BAGGAGE Only packages containing personal effects are allowed as free baggage. Baggage must not contain goods intended for sale. Dangerous and harmful goods are not permitted (the list of dangerous and harmful goods includes, but is not limited to: weapons, explosives and drugs). Passengers are kindly requested to bring the necessary baggage for the crossing as the garage decks remain closed during navigation. Each passenger with cabin accommodation is allowed to take only one piece of luggage into the cabin. Passengers with seat or ”deck“ accommodation are only allowed to take one small item of hand luggage. Baggage in excess of the above-mentioned limits, except for baggage placed in or on the passenger's own vehicle, must be stowed in the luggage compartment upon payment of the relevant fee. Baggage and furnishings must be checked in and placed, for a fee, in the garage. The carrier's liability for baggage may not in any case exceed the limits provided for by the Code of Navigation, or by the International Convention that may be applicable, and always within the limit of 30 kg per person per piece of unchecked baggage, including any baggage stowed in or on the accompanying vehicle or deposited in the ship's luggage compartment. The carrier is in no way liable for any theft, loss or damage to jewellery, money, documents, manuscripts, valuables and valuables other than personal effects wherever these are kept on board. The carrier accepts no liability for baggage containing items other than personal effects. CURRENCY The currency on board is €uro. There is no currency exchange. Cheques are not accepted. CHILDREN Reductions for children are indicated in the price list. The age of the child must be documented. The day of embarkation of each individual journey applies as a reference. PETS It is forbidden to bring pets into the cabin and the entire passenger area. Animals must travel in the kennels. Dogs must be muzzled during the entire crossing. Passengers are liable for any damage caused by their animal. Animals not commonly defined as pets are not allowed on board. Pets must carry the European ”Pet Passport’. CANCELLATION BY THE PASSENGER (*) Cancellations must be notified in writing to the carrier's office either directly or through the Travel Agency. The following penalties apply to the total amount of the ticket, i.e. including passengers and any accompanying vehicles and miscellaneous: - 10%, plus fixed fee, up to 30 calendar days before departure; - 30%, plus fixed fee, from 29 to 7 calendar days prior to departure; - 50%, plus fixed fee, from 6 to 2 calendar days prior to departure; - 100%, plus fixed fee, from the day before and/or for no-show at embarkation. Special fare tickets are non-refundable. No refund is due for denied boarding due to refusal by the authorities or due to missing or insufficient passenger or vehicle documents. VARIATION (*) The following booking changes are subject to a fixed fee of €30.00. Beyond this term, the general conditions of cancellation shall apply. In addition to the fixed fee, any difference in value between the new ticket and the original ticket is due. Variations must be requested, in writing, only through the travel agency that sold the ticket, the Grimaldi Lines company offices or the port offices. Variations are understood as: - Date Variation: can be requested up to 2 days before the departure date (cost: variation expenses + season/accommodation change); - Accommodation Variation: may also be requested on the day of embarkation (cost: change fee + type of accommodation requested); - Vehicle variation: may also be requested on the day of embarkation (cost: change fee + change of vehicle category); - Name change: can be requested up to 2 days before the departure date (cost: change fee + change of season/accommodation type requested); - Addition Passenger: can also be requested on the day of embarkation (cost: change fee + amount of accommodation requested); - Addition Vehicle: may also be requested on the day of embarkation (cost: change fee + amount of vehicle as per catalogue); - Addition of animals: may also be requested on the day of embarkation (cost: change fee + amount of animal as per catalogue); Special Fare Superbonus, SuperFamily&Friends and Super Camper tickets can be modified up to 2 days before departure; Special Fare Discount 20% Morocco and Tunisia tickets can be modified up to 2 days before departure. It is understood that the aforementioned Variations/Additions are subject to availability. CANCELLATION OF THE JOURNEY BY THE CARRIER In the event of cancellation, the carrier undertakes to refund the ticket price and to pay the same penalty as would be payable by the passenger in the event of cancellation on the same date. The date of cancellation of the journey is the date on which the cancellation is communicated to the passenger or to the travel agency where the passenger purchased the ticket. In the event that the carrier cancels the trip for reasons not attributable to it, the Navigation Code (Art. 408) shall apply. COMPLAINTS Any complaints must be received by the carrier, in writing. Grimaldi Lines reserves the right to change the general conditions of variation and cancellation for certain departures. DECREE 13/10/99 (Directive 98\41\CE concerning the registration of persons sailing on board passenger ships) When making a booking the customer has to provide the following data Surname, first name, nationality, date of birth, ID number. In addition, the passenger has the right to indicate any needs for special care and/or assistance in emergency situations. The data provided will be processed in accordance with law no. 675 of 31.12.1996.