General conditions of carriage Caremar
General Conditions of Carriage for Passengers and Accompanying Vehicles
For the purposes of this Regulation, the terms: COMPANY and/or CARRIER mean: CAREMAR, Campania Regionale Marittima S.p.A.
PASSENGER: any person who has entered into a contract for the carriage of passengers by sea and, as a result, holds a travel document issued by the carrier through their sales channels.
VEHICLE IN TOW: any vehicle for private or public use, intended for the transport of people or goods, travelling in tow of the passenger.
TICKET: proof of travel confirming conclusion of the carriage contract, or passage ticket pursuant to art.396 of the Navigation Code. The carriage contract concerns the maritime transport of passengers, vehicles, luggage, goods and accompanying animals, from the port of departure to the port of arrival, as governed by arts. 396 et seq. of the Navigation Code and EU Regulation 1177/2010.
Article 1 – Taking up of the service
The Company guarantees maritime transport in accordance with the following General Conditions of Carriage which the passenger, by purchasing the ticket, implicitly declares to know, accept, and observe. The General Conditions of Carriage can be found on board, at Caremar ticket offices, and can be downloaded from the website www.caremar.it. The text of the General Conditions of Carriage downloadable from the website www.caremar.it is the authoritative version for the purpose of determining the content of the Contract. An extract of the General Conditions of Carriage is shown on the travel document.
Art. 2 – Ticket Price
The total ticket price is comprised of the fare plus any other charges shown separately. The fares applied by the Company include VAT where applicable. For fares, please refer to the Company's updated price list, available on the website www.caremar.it, which forms an integral part of these regulations.
Art. 3 - Children and young people
Children under 14 years of age must be accompanied by adult passengers. For age-based discounts, please refer to the price list available on the website www.caremar.it.
Art. 4 – Travel Facilities
The Company grants travel facilities in the cases provided for in the “Service Contract”.
Only the most favourable concession will be applied to passengers entitled to more than one, as the accumulation of concessions is not permitted. Passengers receiving concessions must be in possession of the document entitling them to the concession and must present it, upon request, to the onboard staff and/or company representatives.
Art. 5 – Tickets
The ticket must be presented at boarding to the designated staff, complete with the “passenger's copy” and the “valid stub for boarding”. The ticket is personal and non-transferable; it must be kept for the entire duration of the journey and presented upon any request from onboard staff or company control officers. Passengers found without a valid ticket or in possession of a discounted ticket without entitlement during boarding checks will be required to purchase a regular full-fare ticket and will forfeit their right to a refund.
Art. 6 - Ticket Validity
Travel tickets are valid exclusively for the journey indicated. Customers are required to check the accuracy of the travel information on the ticket at the time of purchase. In case of incorrect information, late claims, made after departure, will not be accepted. No duplicates can be issued for lost or stolen tickets.
Art. 7 – Subscriptions
For the purchase of Season Tickets, interested parties must submit a request to CAREMAR s.p.a., completing the specific form and paying the sum of €10.00 (VAT included) in advance as an administrative fee. This amount will not be refunded if the request is rejected. The Company reserves the right to take a maximum of 10 days to evaluate the request and issue the season ticket.
Art. 8 – Cancelled or Delayed Departures
In accordance with Articles 17 and 20 of Regulation (EU) 1177/2010, in the event of a cancelled departure or a delay exceeding ninety minutes compared to the scheduled departure time, Caremar S.p.A. offers free snacks or beverages in appropriate relation to the waiting time, provided they are available and can be reasonably supplied. Passengers informed of the cancellation or delay before purchasing their ticket, and passengers whose behaviour has caused the cancellation or delay, are excluded from this type of assistance.
Art. 9 – Alternative transport and reimbursement in case of cancelled or delayed departures
In accordance with Articles 18 and 20 of Regulation (EU) 1177/2010, in the event of a cancelled departure or a delay exceeding ninety minutes, passengers are entitled to alternative transport or a refund of the ticket price. With regard to alternative transport, passengers will be boarded on the first vessel departing for the same destination, with characteristics equivalent to that indicated on the travel document and owned by the Company, or alternatively on board equivalent vessels owned by other carriers. For the refund request procedure, please refer to Article 10.
Article 10 – Reimbursement request procedure
The refund request will not be granted if initiated contrary to what is provided. Pre-sale rights are never refundable in case of cancellation of the trip with the application of penalties.
Art. 11 – Boarding and disembarking – remaining on board
Passengers with accompanying vehicles, if any, and drivers of vehicles must present themselves for boarding, with a regular ticket, at least sixty minutes before the departure of the ship or fast vehicle; after this time, boarding is not guaranteed. Passengers holding tickets issued prior to the day of departure are required to ensure that no changes have occurred in relation to the service for which the ticket was issued. Embarkation and disembarkation are carried out by the passenger. Embarking and disembarking operations take place in the order and according to the criteria established from time to time by the on-board Command. Embarkation of the vehicle must take place in compliance with the regulations in force on the subject of navigation safety and at the unquestionable discretion of the On-Board Command, even in the event that an agreement regarding “space reservation” has been made between the passenger and the Company. The embarkation, stay on board and disembarkation of passengers and vehicles are governed by the law, the provisions issued by the ship's Command, and the following provisions:
a) Passengers in an obvious state of agitation or in an obvious and harassing state of drunkenness will not be allowed on board; b) It is compulsory to use for maritime transport in relation to the peculiarities of said transport, vehicles that are efficient in every part, especially with regard to the braking, rolling, suspension and, where applicable, lashing organs; c) It is compulsory for vehicles to be presented for embarkation with the load packed, arranged and lined up 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; d) It is compulsory for passengers/drivers o Engage a low gear and pull fully on the parking brake; o Remove the keys from the dashboard and switch off all electrical apparatus; o Switch off the alarm system; o For motorhomes and caravans, close all gas interception valves and switch off electrical apparatus; o The state in which the vehicle is left must comply with the procedures laid down by the Maritime Authority. e) It is compulsory to declare the transport of vehicles fuelled by LPG/methane or other gases to the ship's command before embarkation.
Art. 12 – Escort Vehicles and Luggage
Vehicles or motorcycles without a driver are not permitted to board. Each passenger is entitled to bring one hand luggage item weighing 20kg free of charge when travelling on TMV ferries, or one piece of luggage with maximum dimensions of 50x40x20 cm and a maximum weight of 10kg when travelling on fast ferries. The Company accepts no responsibility for the theft or loss of items and/or luggage left unattended.
Art. 13 – 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. Passengers undertake to hold the Company harmless from any liability that may arise from failure to comply with the aforementioned regulations, as well as with existing laws on the subject. The Company is not liable for accidents involving the animals transported if the event derives from a cause not attributable to it.
Art. 14 – Dangerous Goods
The carriage of flammable, explosive, corrosive, and dangerous materials within commercial vehicles is permitted on vessels that are authorised for such transport and, within the limits of that authorisation, in compliance with current regulations. Page 6 The Passenger is obliged to inform the Company and the ticket office at the port of embarkation, at least three working days in advance (First Communication), of the transport of dangerous goods, which must be presented for embarkation under the conditions prescribed by law and after communication to the ticket office of the port of embarkation and to the personnel responsible for embarkation control (Second Communication).
Article 15 – Variations to the travel document
Changes to the date and time of travel tickets are permitted subject to verification of availability by the Company. Modifying a travel ticket will incur modification fees.
Art. 16 – Invoices
Interested parties must expressly request the issuance of the invoice at the time of purchasing the ticket, providing their personal and tax details for electronic invoicing purposes, pursuant to articles 10 et seq. of Legislative Decree no. 119/2018, converted into Law 136/2018.
Article 17 – Prohibitions
It is absolutely forbidden to: a. behave or behave in a manner that is or may be a cause of disturbance or annoyance to other passengers; b. carry on board the trade of salesman, singer, musician and the like and offer services or accompaniment to passengers; c. bring into the salons animals or things that may disturb passengers or that are contrary to the rules of hygiene and decorum, except for the exception provided for in the fourth paragraph of Article 10; d. lie on the sofas; e. smoke in the interior areas; f. open and close the portholes and windows, as well as tamper with furniture and equipment on board, as above, the passengers, the crew and the crew.e. smoke in the areas inside the ship; f. open and close the portholes and windows, as well as tamper with furnishings and equipment on board, for all the above, passengers must refer exclusively to the ship's personnel; g. wear or keep weapons and ammunition in their luggage, the same must be handed over to the ship's Command upon embarkation and will only be collected upon disembarkation, subject to the provisions in force governing the carrying of weapons for Armed Forces and Police personnel; h. carry flammable, explosive, corrosive or otherwise dangerous materials, as well as cylinders filled with oxygen, compressed air, gas and the like, in their luggage or inside the vehicles; i. carry letters and parcels subject to postal charges; j. throw objects of any kind into the sea; k. stop inside the vehicle during the crossing; l. start the engine before the disembarkation ramps have been fully opened.
Art. 18 – Boarding of Disabled Passengers and Passengers with Reduced Mobility (PRM)
A person with reduced mobility (PRM) is defined as anyone who has particular difficulty in using public transport, including the elderly, people with disabilities, and pregnant women. The transport of Passengers with reduced mobility who require particular assistance must be communicated, by sending documentation confirming their entitlement, at least 48 hours before the scheduled departure, by contacting 081 189 666 90 in order to verify that compliance with applicable safety obligations, the design of the passenger ship or the port infrastructure and equipment, including port terminals, makes it possible to embark, disembark and transport the person in question in safety.
Art. 19 – Liability
The Commander is a judicial police officer and, in this capacity, exercises the powers referred to in Articles 221 et seq. of the Code of Criminal Procedure, in the event that offences are committed on board during the voyage. He exercises his authority over all persons on board (crew and passengers). The passenger, from the moment of embarkation until disembarkation, must comply with the instructions given by the ship's command; they must conduct themselves with common diligence and prudence, ensuring their own safety and well-being, that of the persons and animals under their care, as well as the security of their belongings, especially where the sea and weather conditions of the journey require it most.
Art. 20 – Insurance Cover for Damage to Property or Persons
Should a passenger believe they have sustained injury or damage to their vehicle, they must immediately report it to the ship's command. The command will, after investigation, draw up an information report (possibly in a contradictory hearing) and record the incident in the ship's log. For the purpose of initiating proceedings, the compensation claim must be sent by registered mail with acknowledgement of receipt (raccomandata a.r.) to the following address: ’Via Conte Carlo di Castelmola n.14 Uff. Commerciale“. The insurance company will directly settle the claim if, following the investigation, it deems the company to be liable.
Art. 21 – Complaints
We would like to inform our valued customers that within two months of detecting any deficiencies or irregularities in the service provided by the Company, passengers may submit a complaint to Caremar S.p.A., at via Conte Carlo di Castelmola 14 – 80133, Naples. After 60 days from submission, in the absence of a response from the Company, it is possible to contact the Transport Regulation Authority, pursuant to EU Regulation 1177/2010 concerning the rights of passengers in maritime and inland waterway transport. Passengers may immediately report any issues to onboard staff so that the Company can rectify them promptly. Passengers can send their notes, suggestions, and complaints using the appropriate form available at the following link: https://shop.caremar.it/reclami. Complaints submitted in a manner that deviates from the above will not be acknowledged.
Article 22 – Privacy
In accordance with Article 13 of EU Regulation No. 2016/679, concerning the protection of personal data, the Company, as data controller, hereby informs you that the personal data provided by the passenger will be processed for purposes strictly related to the management of the contractual relationship and the provision of services, including through information systems, suitable for guaranteeing their security and confidentiality. The privacy policies are available on the website www.caremar.it – “privacy” section and attached to these Regulations. Annex 1 forms an integral part of these Regulations.
Art. 23 – Competent Jurisdiction
For any dispute that may arise regarding the application or interpretation of these Regulations, the competent court for territorial jurisdiction shall exclusively be that of Naples, without prejudice to the mandatory jurisdiction provided for by Italian law for the protection of consumers.
Art. 24 – Referral
For anything else not covered by these conditions of carriage, the provisions of current legal regulations on the matter shall apply.