Siremar General Conditions
The following are the general conditions of carriage of the company in question.
FOREWORD
In the following text, the following words mean:- - Company: SIREMAR - COMPAGNIA DELLE ISOLE S.P.A. Calata Marinai d'Italia - 90139 Palermo c.f.: 05989930820
- - Vehicle: any vehicle, including cars, motorbikes, caravans, trolleys, camper vans, trucks, etc., for private or public use, used for the transport of persons or goods, travelling with the passenger.
- - Passenger: any person on board the vessel who is not the master, a member of the crew, or any other person employed or engaged in any capacity on board the vessel for the purpose of its services.
- - Ticket: travel document proving the conclusion of the transport contract or passage ticket pursuant to Article 396 of the Navigation Code.
- - Tariff: set of tariffs in force, applied by the Company and approved by the competent Ministry.
Art. 1
ASSUMPTION OF SERVICE
The Company assumes the carriage of passengers, luggage and accompanying vehicles in accordance with the following regulations that the passenger, by purchasing the ticket, implicitly declares to know, accept and observe. The extract of the conditions governing the carriage on the Company's ships and fast vehicles is printed on the ticket. The text of these regulations is available to users at the Company's offices and agents and at the Commands on board.Art. 2
TICKET AMOUNT
The total amount of the ticket consists of the fare plus any other fees shown separately. The fares applied by the Company include VAT when due. For fares, please refer to the Company's “schedule of fares”, which forms an integral part of these regulations.Art. 3
CHILDREN AND YOUNG PEOPLE
Children under the age of 12 must be accompanied by adult passengers. Please refer to the price list for reductions applied according to age.Art. 4
TRAVEL FACILITIES
The Company grants travel facilitations in the cases provided for in the tariff schedule. The facilities established in favour of those who are entitled to them are applicable to fares excluding, therefore, all accessories. Passengers who are entitled to more than one facilitation will only be granted the most favourable one, as no accumulation of the same is permitted. Passengers benefiting from the facilities must be in possession of the document that entitles them to the facility and are required to show it, upon request, to the on-board staff and/or to the Company's representatives. Those who are not in possession of the said document will be required to pay the difference between the full fare and the reduced fare they have been entitled to, plus the right to collect the fare on board as provided by the fare schedule.Art. 5
TICKETS
In order to travel on the Company's ships and fast vehicles, the passenger must be in possession of a regular ticket, which is proof of the conclusion of the contract for the journey indicated on the ticket. This ticket must be retained for the duration of the journey and presented at the request of the Company's control personnel. Those who are found during a control by the Company's staff to be without a regular ticket will be required to pay the full price of the ticket plus the on-board collection fee stipulated in the fare schedule. Any vehicle found to be without a ticket or to be using a facilitation without having the right to do so, or which is ticketed for a lower class or length, shall be required to pay the difference with the ordinary fare plus the right to collect on board. Both one-way and return tickets are valid only for the departures indicated on them. In the event of loss, destruction or theft of the ticket, a new ticket must be purchased in order to gain access on board. Tickets may exceptionally be requested on board ferries and high-speed vessels, in which case the on-board collection fee stipulated in the fare schedule shall be due in addition to the passage price. No concessions other than those provided for residents apply to tickets issued on board; those entitled to other concessions and/or reductions must apply to the Company's offices for the difference between the fare applied and that to which they are entitled.Art. 6
RESERVATIONS
Requests for reservations of seats and/or garage spaces can be made in good time before departure at the Company's ticket offices at ports of embarkation, at authorised travel agencies and possibly through other channels advertised by the Company from time to time. Requests for reservation and/or purchase of tickets must specify the date and time of departure, port of embarkation, port of destination, number of passengers, type of vehicle, as well as provide any other useful information for identifying the applicant(s) and the correct application of the fares. For each seat and/or garage space booked when the ticket is issued, a reservation fee is due at the rate set out in the price list. The mere reservation request, the reservation of which has not been previously confirmed through the purchase of the ticket, does not bind the Company in any way, which shall not be liable for any lack of seats and/or garage spaces.Art. 7
EMBARKATION - DISEMBARKATION - STAY ON BOARD
Passengers with accompanying vehicles, if any, are required to present themselves at the embarkation point, with a valid ticket, at least thirty minutes before the departure of the ship or fast means of transport; after this time, embarkation will not be guaranteed. 2nd paragraph - Repealed. Embarkation and disembarkation of vehicles accompanying passengers shall be carried out by the passenger himself. Embarking and disembarking operations take place according to the order and criteria established from time to time by the on-board Command. Embarkation of the vehicle is subordinate not only to the performance of the voyage, but also to the requirements of the ship and any other requirements in any case connected to the navigability of the ship and the safety of navigation. All this at the unquestionable judgement of the Command as provided for by the regulations on the subject, even in the event that an agreement regarding “space reservation” (booking) has been made between the passenger and the Company. The boarding, stay on board and disembarkation of passengers and vehicles are governed by the law, by the provisions issued by the ship's Command in relation to particular situations, as well as by the following provisions:- a. except as provided for in the second paragraph of art. 192 of the Navigation Code, the embarkation of passengers manifestly suffering from serious diseases or, in any case, dangerous for the safety of navigation, and for the safety of the persons on board, is subject to the authorisations given by the competent Health Authorities;
- b. even if there is no danger to the safety of navigation and the safety of persons on board, for the embarkation of passengers who are manifestly in such a physical condition as to make sea voyages inadvisable, medical certification authorising the voyage shall be required in the interest of the passengers themselves;
- c. no passengers in an obvious state of agitation or in an obvious and harassing state of drunkenness will be allowed on board;
- d. it is compulsory to use for maritime transport in relation to the peculiarities of such transport, vehicles that are efficient in every part, especially with regard to the braking, rolling, suspension and, where applicable, lashing parts;
- e. it is compulsory to present vehicles for embarkation with the cargo packed, arranged and rigged in a workmanlike manner and with the arrangements and any storage systems required by the type of goods and the type of vehicle, all in accordance with criteria suitable for transport by sea;
- f. is compulsory for drivers of accompanying vehicles:
- - Engage a low gear and fully apply the parking brake;
- - remove the keys from the dashboard and switch off all electrical equipment;
- - switch off the alarm system;
- - for motor homes and caravans, close all gas shutoff valves and switch off electrical equipment;
- - the state in which the vehicle is left must comply with the rules laid down by the Maritime Authority.
- g. it is compulsory to declare the carriage of vehicles fuelled by LPG/methane or other gases to the ship's command before embarkation.
Art. 8
LUGGAGE
Each passenger is entitled to carry 20 kg gross of hand luggage free of charge when travelling on ferries and 10 kg when travelling on high-speed vessels. Children paying half fare are granted half of the allowance, i.e. 10 kg. in the case of ferries and 5 in the case of high-speed vessels. Belongings which, for the passenger's personal use, are routinely transported in suitcases, travel bags, boxes and the like are considered and accepted as baggage. If other items are included in baggage, the passenger owes double the fare for the carriage of such items, plus compensation for damages. Commercial travellers' samples up to a limit of 20 kg are also allowed as baggage. The Company declines all liability for the theft of objects and/or luggage left unattended. With regard to the liability of the Company, the regulations set forth in Articles 411 and 412 of the Navigation Code are applicable.Art. 9
LEGAL LIEN ON LUGGAGE
The Company has a legal lien on the baggage for claims against the passenger arising from the contract of carriage. When the passenger fulfils his obligations, the Company is obliged to deliver the luggage to the place determined by the contract. If the passenger does not fulfil his obligations, pursuant to Article 416 of the Navigation Code, the Company has the right to proceed with the sale of the baggage in accordance with the relevant provisions of the Civil Code (Articles 1515, 2797 of the Civil Code and 83 of its implementing provisions).Art. 10
ANIMALS
Unless otherwise prescribed by law, the carriage of dogs, cats and other small live animals is permitted accompanying passengers. Dogs must be leashed and muzzled, other small animals must be placed in cages or baskets, which are the responsibility of the passenger. Passengers accompanying animals must stay in the specially reserved areas or place the animals in the kennels on board, if the vessel is equipped with them. Exceptions are guide dogs for the blind. The transport of pets and their maintenance are the responsibility of their owners. The carriage of pets accompanying passengers is also governed by the relevant health regulations of the competent authorities. The passenger undertakes to indemnify the Company from any liability and burden that may be incurred by the Company as a consequence or effect of his/her failure to comply with the aforementioned regulations, as well as with the laws on the subject. The Company shall not be liable for losses that may occur to domestic animals if the event is due to a cause not attributable to it. Other animals may only be transported on ferries using special, duly approved vehicles and on journeys and times agreed in advance with the Company.Art. 11
DANGEROUS GOODS
The carriage of inflammable, explosive, corrosive and dangerous materials in commercial vehicles is permitted on vessels that are licensed for such carriage and, within the limits of the licence, in compliance with the regulations in force. Passengers are obliged to declare the existence of dangerous goods to the Company prior to embarkation, which must be presented for embarkation in the conditions prescribed by law. The transports referred to in this article must, in any case, be announced to the Company and to the agent at the port of embarkation at least three working days in advance.Art. 12
COLLECTION OF VEHICLES AND LUGGAGE
Upon arrival of the ship, passengers shall promptly collect their vehicles. Under no circumstances shall the passenger have the right to abandon the loaded vehicles to the Company, even if damaged or otherwise depreciated. If the passenger fails to disembark the vehicle and it remains on board, the relevant freight shall be charged to the passenger. No claim for compensation, loss or other damage suffered by luggage or accompanying vehicles shall be admitted if the state of the same is not acknowledged upon arrival in contradiction with the on-board Command and is not evidenced by a regular report.Article 13
PROHIBITIONS
It is absolutely forbidden to:- a. engage in behaviour or attitudes that are or may be a cause of disturbance or annoyance to other passengers;
- b. exercise the profession of salesman, singer, musician and the like on board and offer services or accompaniment to passengers;
- c. bring animals or things into the lounges that may disturb passengers or that are contrary to the rules of hygiene and decorum, except for the exception provided for in the third paragraph of Article 10;
- d. lying on sofas;
- e. smoking in the interior areas of the ship;
- f. opening and closing portholes and windows, as well as tampering with furnishings and equipment on board, for all of the above, passengers must refer exclusively to the ship's personnel;
- g. wear or keep in their luggage arms and ammunition, which must be handed over to the ship's Command at embarkation and will only be collected upon disembarkation, subject to the provisions in force governing the carrying of arms for Armed Forces and Police Force personnel;
- h. to carry flammable, explosive, corrosive, or otherwise dangerous materials, as well as cylinders filled with oxygen, compressed air, gas and the like, in baggage or inside the accompanying vehicles;
- i. transporting letters and parcels subject to postal charges;
- j. throwing objects of any kind into the sea;
- k. stopping inside the vehicle during the crossing;
- l. start the engine before the landing ramps have been fully opened.
