MOBY General Conditions of Carriage

The following General Conditions of Carriage shall be adequately advertised at all ticket offices, company offices and travel agencies. The term “passenger” is understood to mean any person carried on the basis of these General Conditions for the carriage of passengers and accompanying vehicles. The passenger is obliged to comply with the prescriptions of Italian and foreign laws as well as the regulations of the carrier (both the contracting carrier and the carrier operating the carriage) and the instructions of the ship's Master. When the carrier (contracting and/or actual) is “Moby S.p.A.” for any reports or complaints, it is necessary to fill in the form on the website www.moby.it. 1) RULES OF TRANSPORT The subject of the contract is the carriage of passengers with accompanying vehicles and baggage as governed by these general conditions, by articles 396 et seq. of the Code of Navigation and, as of 31.12.2012, by Regulation EC/392/2009. A summary of the provisions of said regulation on passenger rights is available at www.moby.it and at check-in counters. The carriage of the car is regulated by Italian regulations on the carriage of accompanied baggage (art. 419 et seq. of the Nav. Code) and by these general conditions. Information on passenger rights according to EU regulation 1177/2010 is available on board ships and at check-in counters. Pursuant to Article 19.6 of Regulation EU/1177/2010 the minimum threshold below which compensation is not provided is €6 (six). The indication of the vessel that will perform the carriage is merely indicative as it is possible for the carrier to perform the same with another vessel, even of other carriers. The carrier declines all liability for any damage caused to the passenger by the delay or non-execution of the carriage if the event is the result of unforeseeable circumstances, force majeure, adverse weather conditions, strikes and technical failures constituting force majeure or other causes not attributable to it. It is, however, at the discretion of the ship's Master, in the event of events that may compromise the safety of the ship and/or passengers, to change the itinerary. The offers and conditions advertised may be subject to change up to the time the ticket is issued. For the liability regime in relation to the carriage of passengers, luggage and accompanying cars and for anything not provided for in these general conditions, express reference is made to the current regulations of the Italian Navigation Code. Until disembarkation, passengers are responsible for their hand luggage and its contents. Crossing times are indicative and calculated on the basis of the distance between ports and in favourable weather conditions. The carrier cannot be held responsible for delays due to port operations. 2) VALIDITY OF THE TICKET The ticket is personal, non-transferable and valid only for the carriage specified therein. The passenger is required to keep the contract/ticket in order to justify his right to travel and to show it together with his personal identity document to any ship's Officer or Carrier's Official during check-in operations who may request it. A passenger who is found without a ticket or who cannot prove ownership of the ticket will be required to pay double the passage price, without prejudice to compensation for damages. Upon delivery of the ticket, the customer is required to verify that all data correspond to his or her request and that the data of the accompanying vehicle correspond to what is indicated on the registration certificate and identity document. The carrier assumes no liability for errors or omissions reported later. 3) TOTAL CANCELLATION OF THE TICKET AND REFUNDS Tickets issued at ordinary fares may be refunded provided that the cancellation takes place before the booked departure date, is documented with a validation stamp, date and time by an office of the carrier or an authorised travel agency and transmitted to our Reservation Centre (limited to call centre hours). The original of the cancelled ticket must be returned to the issuing agency. Reimbursement must be requested from the issuing agency and is always subject to the following penalties (the number of days indicated does not include the day of cancellation): ORDINARY-FARE TICKETS: - 10% up to 30 days prior to departure; - 20% from 29 days up to 48 hours prior to departure; - 50% from 48 hours up to 4 hours prior to departure. No refund if cancellation occurs less than 4 hours before departure. For tickets purchased on the same day as the departure date, the cancellation fee is 100%. By purchasing the insurance policy (see information material on www.moby.it) at the same time as the carrier's ticket, if an unforeseen event indicated in the relevant conditions occurs, you may cancel the trip without losing the cost of the penalties. Fees and charges are never refundable. NO refund will be given if - the passenger does not present him/herself at departure; - tickets are cancelled prior to departure. The right to a refund is forfeited if it is not requested by 31 January following the year of the originally scheduled departure. In case of cancellation of a ticket purchased through the use of a bonus previously granted to the passenger, any refund will be made exclusively through the issuance of an additional bonus to be used for the purchase of a new ticket. 4) LOST OR STOLEN TICKETS The loss or theft of a ticket must be reported immediately to the issuing agency or port office of the contracting carrier at the time of departure. A duplicate can only be issued on condition that the original ticket has not already been used, upon presentation of proof of identity. 5) FAILURE TO RECEIVE TICKETS PURCHASED ONLINE Without prejudice to the provisions of article 4 above, in the event of failure to receive a ticket due to causes not attributable to the carrier, including but not limited to the incorrect address details provided by the passenger, the malfunctioning of the passenger's internet or mobile telephone network, computer or telephone terminal, the passenger must promptly notify the Moby Help Desk at helpdesk@moby.it. The duplicate can only be issued on condition that the original ticket has not already been used, after identification of the passenger. 6) VARIATION PENALTIES Variations of date, line, number of passengers, timetable will be accepted, within the limits of the seats and spaces available and on condition that they are requested at least 2 hours before the booked departure (limited to call centre times), subject to payment of €10.00 as reimbursement of expenses for each variation (in addition to payment of any differences), only if indicated on the ticket. A change in destination (e.g. from Corsica to Sardinia) will result in the cancellation of the reservation, with the corresponding penalties, and the reissue of a new ticket. Any fare difference and changes concerning the number of passengers, accompanying vehicles, vehicle categories and accommodation will be refunded at the issuing agency with the following penalties: 10% if made more than 30 days before departure; 20% if made more than 10 days before departure; no refund less than 9 days before departure. The number of days indicated does not include the day of the change and the day of departure. The change is permitted only within the scope of departures published on the carrier's website. The original ticket, prior to the change, must obligatorily be handed over to the agency that changed it. 7) SPECIAL OFFERS - RESTRICTIONS Taking advantage of a special offer entails certain restrictions: - Special offers are available while seats allocated to them last (seats vary according to date and line). - They are valid on all our destinations but only if there is a Best Price fare. - All published offers are valid as of 03/11/2021 and do not include any special offers and extraordinary promotional campaigns that may be proposed by the carrier during the season, which may in any case derogate from the offers and conditions in force at the time of printing without having retroactive effect or giving any entitlement in respect of contracts already concluded. - In principle, special offers cannot be purchased directly at the port on the day of departure but must be booked. - A ticket issued with special offers is changeable for Sardinia and Corsica destinations only on condition that the change is requested at least 2 hours before the booked departure (limited to call centre hours). Each modification involves the payment of a penalty, per route, of €10.00 (Corsica) or €25.00 (Sardinia), in addition to any fare differences. The above penalties shall also be applied in the event of passenger name changes. Notwithstanding the above, for the Island of Elba and for the S. Teresa - Bonifacio and v.v. route, the ticket cannot be changed (not even name changes). - A ticket issued with special offers is not refundable, not even partially, for any route/route. In the event of cancellation, the ticket will be subject to a penalty equal to the total amount paid. This regime automatically extends to all passengers added within the same booking process. - In general, special offers, unless otherwise specified, are never retroactive, nor can they be combined with other discounts or promotions. - Accompanying vehicles covered by the promotions, unless otherwise specified, are always motorbikes and passenger cars (including those registered as trucks) up to 5 m in length and 2.20 m in height. All vehicles - used for transporting goods (with or without cargo) - are not eligible for the sales promotion. In general, vans and pick-ups are not considered cars. - When accessing a promotion involving the booking of an accompanying vehicle, the boarding personnel will ascertain that this vehicle is actually being transported. If the latter is absent, the customer will be required to pay a penalty. - In general, if the port assistance staff discovers anomalies in the booking, with respect to what is present at embarkation, they will request payment of a penalty, even for the outward journey, even if it has already been made. - Penalties generally correspond to the cost of the maximum fare in our price lists. - We recommend the simultaneous purchase of a “travel cancellation policy” (see our website www.moby.it). SPECIAL FARE FOR BORN OR RESIDENT IN SARDINIA In order to take advantage of the special fares for residents and natives of Sardinia, passengers must present, at the time of ticket purchase and upon boarding, a valid personal identification document proving their residence or birth in a Sardinian municipality. In the absence of the indicated documentation, it will not be possible to embark with tickets issued at the “resident or native” fare but it will be necessary to purchase a new ticket at the full fare. The resident or native fare ticket will not be refunded. A ticket issued with a resident fare associated with a special offer is non-refundable. If the native or resident person is making the journey together with his/her spouse, the discount will be granted against self-certification, without the need to provide proof of family status. Non-resident spouses and children travelling in the absence of the native or resident person must accompany the ticket with a self-certification (available at www.moby.it) enclosing the identity document of each applicant and the native or resident Sardinian, without having to show their family status. Non-retroactive offer. For some departures, seats reserved for the resident fare may be limited. SPECIAL FARE FOR ISLAND OF ELBA RESIDENTS OR PIOMBINO RESIDENTS In order to take advantage of the special fares for residents, passengers must show a valid identity document at the time of ticket purchase and boarding, showing residence in a municipality on the Island of Elba or residence in the municipality of Piombino. For accompanied vehicles, the registration certificate must be shown, showing that the vehicle is registered to a person resident on the Island of Elba or in Piombino. The resident fare applies to the resident passenger and vehicle registered in his name. In the absence of the indicated documentation, it will not be possible to board with tickets issued at the resident fare, but it will be necessary to purchase a new full-fare ticket. The resident fare ticket will not be refunded. Offer not retroactive. 8) “TAXES, FEES, CHARGES AND OTHER COSTS” FORFAIT The amounts of the “taxes, fees, charges and other costs” forfait are subject to change up to the time the ticket is issued, except in any case for taxes, fees and changes resulting from changes in the regulations in force. 9) CHECK-IN The time limit for check-in is 30 minutes for passengers without an accompanying vehicle (port of Bastia at least 1 hour in advance), and 1 hour and 30 minutes for passengers with an accompanying vehicle (port of Genoa and Bastia at least 2 hours in advance), except in the case of any provisions issued by the Authorities. Immediately after validating your ticket, you must present yourself for boarding. After this time, the reservation lapses and boarding is no longer guaranteed. For passengers with disabilities or reduced mobility, the provisions of point 17 apply. 10) BOARDING AND DISEMBARKATION OF VEHICLES A) Accompanying vehicles fuelled by liquid gas must be declared at the time of booking and embarkation. B) Alarm and electrical anti-theft systems must be deactivated at the time of embarkation. C) Vehicles used for the carriage of goods must make reservations and are subject to the tariffs laid down for the carriage of goods and therefore do not fall within the category of “accompanied vehicles” as referred to in these conditions. The lengths of accompanying vehicles are to be considered as overall length, including towbars, drawbars or other. Camper vans, caravans, off-road vehicles or any other vehicles that are taller than m. 2.20 from the ground (and/or wider than m. 1.85, although they are not subject to any width surcharge), must be reported at the time of booking. Vans exceeding 6 m in length must be booked by contacting the freight office on 02 57517461. Failure to comply with the above may result in the carrier cancelling the booking and automatically placing you on the waiting list for the day, subject to payment of the difference due in addition to the €50.00 penalty for the outward journey, even if you have already made it. Accompanying vehicles shall not be embarked in the chronological order of their arrival at the quay, but according to the instructions given by the ship's Captain and/or his subordinates and may be accommodated on any of the ship's decks. They must be boarded, parked (with the handbrake on, gear engaged and lights off) and disembarked at the passenger's care and responsibility. Please do not set the alarm but make sure that the doors and luggage compartment are securely closed. The accompanying vehicle, including any trailer or caravan with its contents, is accepted by the carrier as a single load unit. Also pursuant to Article 412 of the Code of Navigation, any damage to the accompanying vehicle or any other damaging event occurring on board ships must be reported before disembarkation. To this end, the passenger must present a report to one of the ship's officers who will make the ascertainment on a special form, which must be signed by the passenger. 11) PREGNANT WOMEN In the case of pregnant women in an uncomplicated gestational state, having completed the 6th month of pregnancy, the passenger must obtain a medical certificate issued no more than seven days prior to departure attesting to her fitness to undertake the sea voyage, which must be presented to the ship's Officer or to the Commissioner who requests it, or to the ship's crew. In the event of pregnancy complications, the passenger must be provided with a medical certificate authorising the trip regardless of the month of gestation. This is without prejudice, however, to the Master's discretion to refuse passage should he consider that the passenger is not fit to undertake the trip. 12) UNACCOMPANIED MINORS Children between 12 and 17 years of age may also travel unaccompanied, under the responsibility of those exercising parental authority. It is necessary to present at boarding, a written declaration, containing all the information indicated on the ticket, in which the parent or those exercising parental authority assume responsibility for the journey made by the minor, enclosing, in addition, the family status and identity document of the undersigned. Children under 12 years of age may not travel alone but must be accompanied at embarkation, disembarkation and during the trip by at least one other adult passenger. If travelling to France, minors must have a valid document for foreign travel. From 28 June 2012, all minors will only be able to travel abroad with an individual travel document; from this date, all minors“ entries on their parents” document are no longer valid. 13) ANIMALS AND PROTECTED SPECIES They will be embarked only if provided with a ticket, rabies vaccination document where required and a valid medical certificate. In compliance with the provisions of the Ministry of Health Order of 27/8/2004 and published in the Official Gazette no. 213 art. 2, we remind you that dog owners must wear a muzzle and keep their dogs on a leash. Pets are not allowed in the cabin except in cabins with pet access or in the armchair lounge. They are only allowed on the outside decks of the ship or, where available, in the appropriate shelters subject to availability. Guide dogs intended to assist the visually impaired, if provided with the appropriate documentation, are exempt from paying the fare. Specimens belonging to protected animal or plant species, in compliance with Art. 727-bis of the Penal Code, implementing Community Directives 92/73/EC and 2009/147/EC, as well as Law no. 150 of 7/2/1992 implementing Council Regulation (EC) no. 338/97 of 9.12.1996, may only be transported if in possession of the relevant licence or certificate and under the conditions stipulated therein. 14) TRANSPORT OF WEAPONS In compliance with the Regulations for maritime navigation Presidential Decree no. 328 of 15/2/1952 Art. 384 - “Passengers, upon embarkation, must hand over the weapons and ammunition in their possession to the ship's captain, who will take care of them until disembarkation. Withdrawal of the arms or ammunition from those who hold them by reason of their office or service is permitted only for serious and ascertained reasons to be indicated in a special declaration at the time of withdrawal.” Failure to report the carrying of weapons is sanctioned under Article 1199, second paragraph of the Code of Navigation, unless it constitutes a more serious offence. 15) INFORMATION ON PASSENGERS In compliance with Decree Law no. 251 of 13/10/1999 implementing EEC Directive 98/41 of 18/06/1998 and with the regulations concerning the application of the ISPS code on anti-terrorist regulations, the following is hereby communicated: all boarding passengers are required to inform the carrier of any information relating to their need for special assistance in emergency situations. All passengers, including minors, must present themselves at the boarding gate with a valid identity document; if not, boarding will be denied. Passengers requiring assistance for embarkation (people with mobility difficulties, etc., whether by car or on foot) must communicate this at the time of booking, contacting the actual carrier's call centre to find out about the availability of suitable accommodation and/or ease of access on board; they are also required to present themselves for embarkation at least 60 minutes in advance, pointing out this need to the quayside and/or on-board staff in order to allow the car to be embarked near suitable access to the ship and possible assistance during embarkation and disembarkation operations. Passengers are also required to communicate their personal details at the time of booking, understood as: SURNAME, NAME, SEX, NATIONALITY, AGE CATEGORY (infant, child, adult and infant), DATE AND PLACE OF BIRTH. In the event of a change in the data highlighted above between the time of booking and the time of boarding, passengers are obliged to communicate these changes. Personal data, collected in accordance with this article, are kept only for the time necessary for the purposes of the aforementioned decree and/or in compliance with the provisions of Legislative Decree No. 196/2003. Please note that for departures from Italy to France or vice versa, a valid document for foreign travel (passport or identity card, even for minors) is required upon boarding. From 28 June 2012, all minors will only be able to travel abroad with an individual travel document; from this date, all minors' entries on their parents' document are no longer valid. For Corsica, passengers must be in possession of documents valid for foreign travel. 16) PASSENGER'S HEALTH CONDITIONS The on-board doctor, where present, provides assistance only in cases of emergency; the carrier does not, therefore, accept passengers requiring medical assistance during transport, except as provided for in point 17 below. In the presence of a suitable medical certificate issued no more than 48 hours before departure and issued by a public health facility (hospital, ASL), stating that the passenger does not require medical assistance during carriage, the carrier will embark said passenger, declining all liability in this regard. It is also subject to the judgement of the captain and the on-board doctor, if any, to board a passenger who is in such a physical or mental condition that he/she is unable to undertake the journey or is in such a condition as to cause discomfort or danger to him/herself or others due to the abuse of drugs, hallucinogens and alcohol. In all of the aforementioned cases, the passenger shall not be entitled to compensation for damages and shall be liable for damages caused to his or her person, the ship, all of its fittings or equipment, third parties as well as third parties' property. The acceptance of the passenger on board by the carrier shall not be considered as a waiver of any right of the carrier to enforce its reservations about the passenger's condition, whether or not known to the carrier at the time of embarkation and/or departure of the vessel. 17) PEOPLE WITH DISABILITIES AND PEOPLE WITH REDUCED MOBILITY The carrier accepts reservations from disabled persons and persons with reduced mobility under the same conditions applicable to all other passengers, subject however to the provisions of Regulation EU/1177/2010 (a notice regarding this regulation is available at www.moby.it). Disabled persons or persons with reduced mobility must notify the carrier at the time of reservation or advance purchase of the ticket of their specific needs with regard to accommodation, seating, required services or the need to carry medical equipment provided such needs or requirements are known at that time. The notification may be sent to the travel agent or the tour operator from which the ticket was purchased. The Carrier will provide the passenger with the necessary information regarding the conditions of access and assistance on board, including the times of presentation at the port of departure. If strictly necessary, the Carrier may require that a disabled adult person or an adult person with reduced mobility be accompanied by another person (accompanying person) capable of providing the necessary assistance to the disabled person or person with reduced mobility. Such an accompanying person shall be transported free of charge. Where a disabled person or person with reduced mobility is accompanied by a recognised assistance dog, that dog shall be accommodated together with that person, provided that the Carrier is notified in accordance with applicable national rules on the carriage of recognised assistance dogs on board passenger ships. The Carrier may refuse to accept a reservation from, to issue a ticket to or to embark a disabled person or person with reduced mobility for the purpose of complying with applicable safety requirements established by international, European Union or national legislation or for the purpose of complying with safety requirements established by the competent authorities; or where the design of the ship or port infrastructure and equipment makes it impossible to carry out the embarkation, disembarkation or carriage of that person in a safe or operationally feasible manner; in such a case, the disabled person or person with reduced mobility shall be notified immediately of the specific reasons. Upon request, those reasons shall be notified in writing to the disabled person or person with reduced mobility no later than five days after the request. If the disabled person or person with reduced mobility, who holds a reservation or ticket and has been duly notified, is nonetheless denied embarkation, that person and any accompanying person shall be offered the choice between the right to reimbursement and re-routing, subject to all safety requirements being met. The carrier is liable for damage resulting from the loss of or damage to mobility equipment or other specific equipment used by disabled persons or persons with reduced mobility if the incident which caused the damage was due to the fault or neglect of the carrier or the terminal operator. The fault or neglect of the carrier shall be presumed when the damage was caused by a shipping incident. The compensation referred to in paragraph 1 shall correspond to the replacement value of the equipment concerned or, where applicable, to the costs of repair. These provisions shall not apply where Article 4 of Regulation (EC) No 392/2009 applies. Disabled passengers or passengers with reduced mobility who also require boarding assistance must inform the Carrier at least 48 hours in advance of their needs and present themselves at least 60 minutes before the departure time. 18) BOARDING INFORMATION AND NAVIGATION REGULATIONS Passengers upon boarding are required to take all valuables and anything else they may need during the crossing from the accompanying car (all ships are air-conditioned). The carrier is not liable for any missing items and/or equipment from the car. It is strictly forbidden to disembark from the ship after embarkation. If the ship is equipped with a side entrance for foot passengers, access to the garage with the car is allowed only to the driver, the other passengers must use the side staircase with the nominal check-in coupon.It is absolutely forbidden to enter the ship's garage during navigation. 19) ACCOMMODATION At the time of embarkation it is essential to present yourself at the Reception desk on board for cabin or seat assignment. Failing this, the same will be put up for sale 1 hour and 30 minutes after the departure of the ship. Cabins must be vacated at least one hour before arrival in port. 20) SECURITY INFORMATION AND ISPS COSTS In compliance with the international ISPS code concerning anti-terrorist regulations, passengers are informed that they are required to show their travel ticket and identity document if requested by a ship's officer or other security personnel. They are also required to consent to any inspection of their baggage or vehicle if requested to do so. Such inspections may also be carried out by port facilities. Please note that while ships are in port, it is forbidden to come within 50 metres of the ship and its moorings. Furthermore, in connection with the application of the ISPS code, the carrier informs you that the port authorities may have further requests and the payment of additional fees, not yet quantified at the time of printing this brochure. In the ports of Bastia, Bonifacio and Nice, passengers without accompanying vehicles cannot embark: - Category A weapons (firearms, bombs, laser beam weapons, etc.) - Propane/Elium - LPG - Diesel fuel - Fire extinguisher - Diving equipment - Fireworks. Passengers with accompanying vehicles are not allowed to embark: - Category A weapons (Firearms, bomb, laser beam weapons, ...). 21) VEHICLE PLATES According to current regulations, the Authorities oblige shipping companies to provide the identification number of the licence plate of all accompanying vehicles carried: passengers with accompanying vehicles are therefore obliged to provide such data to the shipping company. This regulation does not apply to journeys to and from the Island of Elba. 22) LOST OBJECTS Should passengers forget or lose personal items on board, they may contact the ship's reception desk or, once disembarked, they may fill in the appropriate form which can be downloaded from the actual carrier's website (which, in the case of Moby is www.moby.it) and send it to the relevant e-mail address (for Moby: oggetti.smarriti@moby.it). The carrier, as soon as it receives the report, will immediately carry out all necessary searches, without being liable for any compensation in the event of failure to find the objects forgotten or lost on board by the passenger. Items found and mailed will be stored for 6 months. 23) LIABILITY OF THE ACTUAL CARRIER If the maritime carrier operating the carriage is not the contracting carrier, the actual carrier assumes liability for the carriage in accordance with Article 1681 of the Civil Code and Regulation EC/392/2009, so the passenger has the right to take direct action against it. The indication of the actual carrier, if different from the contracting carrier, may take place from the moment of pre-notation in which case it shall be indicated on the ticket or by notification within 24 hours of departure. 24) APPLICABLE LAW AND COURT OF JURISDICTION The contract of carriage of passengers, luggage and accompanying vehicles is governed, except as provided for in these general conditions, by Italian law, and is interpreted in accordance with the same. For any dispute arising from the interpretation and/or execution of this contract the competent court of jurisdiction is exclusively that of the registered office of the carrier. In the case of a passenger who qualifies as a consumer under current Italian law, the court of residence or domicile of the same shall have exclusive jurisdiction, provided that the consumer is resident or domiciled in a Member State of the European Union. 25) GROUP RATES There are special rates for groups, for information contact the call centre or travel agencies. 26) CARRIAGE OF GOODS Moby offices are available for any information, quotations and bookings concerning the carriage of goods (Call Centre Merci 02 57517461). Any updates made to the general conditions of carriage, special offers or operations will be published on www.moby.it.