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Tirrenia di Navigazione General Conditions of Carriage

The following are the general conditions of carriage of the ADRIAFERRIES company.

GENERAL CONDITIONS FOR THE CARRIAGE OF PASSENGERS AND ACCOMPANYING VEHICLES AS OF 01/04/2012

1. GENERAL ASPECTS: The company AFH S.p.a. (hereinafter also referred to as the Company) undertakes the carriage of persons, their luggage and accompanying vehicles in accordance with these General Conditions, which are considered known and accepted by anyone purchasing or using tickets for the Company. For that which is not regulated by these General Conditions, the transport of persons, their luggage and accompanying vehicles is governed exclusively by Italian law and by the relevant international conventions ratified and made executive by Italy. Consequently, the correlative liability of AFH S.p.a. for personal injury and for damage and/or loss of luggage and motor vehicles is subject to the limits of Italian law and the relevant international conventions ratified and made executive by Italy.
2. VALIDITY: the ticket is personal, non-transferable and valid only for the carriage specified therein. The Passenger is obliged to diligently keep the contract/ticket in order to justify his right to travel and to show it to any Ship's Officer or Company official who may request it. A Passenger without a ticket must notify the Master and/or Purser immediately. Failing this, he/she will be required to pay double the price of the passage to the port of destination, without prejudice, however, to compensation for damages.
3. PASSAGE PRICES: The price indicated in the passage ticket is that of the carrier's tariff in force on the date of its issue. Ticket prices include carriage by sea.
They do not include the cost of cancelling the trip, nor the cost of booking or changing tickets, which may be required by the Company's Travel Agencies or agencies. Meals are not included in the price of passage. Their payment will be made directly on board. Rights, expenses and fees for embarking and disembarking passengers and accompanying vehicles, which are not included in the passage price, will be settled in the same ticket under a separate item.
4. REDUCTIONS: Reductions in ticket prices must be requested by those who are entitled to them before the ticket is issued and against presentation of supporting documents. The reductions granted by the Company are published in the information leaflets distributed periodically and on the Company's website. .
5. OPEN-DATE TICKETS: Open-date tickets are valid six months from the date of issue. Reservations and the corresponding seat allocation on board for the desired date, particularly during the high season, must be requested well in advance. In all cases, passage is subject to the availability of a seat on board. Passengers are required to settle any differences in fares upon boarding.
6. LOST TICKETS: The loss or theft of a ticket must be reported promptly to the Port Agencies, who will arrange for it to be frozen.
In the event of theft, the Passenger, on the day of departure, will obtain, at the boarding gate and upon presentation of the report drawn up by the competent Authority, a duplicate of the ticket without further payment of the fare. In the event that the passenger, after theft, renounces the trip, reimbursement of the ticket must be requested from the company, under penalty of forfeiture, within 180 days. In the event of loss, on the day of departure, the Passenger, by repaying the full amount of the ticket, will be able to obtain a duplicate of the original ticket at the embarkation point, using the same accommodations that were previously allocated. After a period of 180 days has elapsed without the lost ticket being used, the Company will proceed with the reimbursement.
7. CANCELLATIONS, DECLASIONS AND REFUNDS: The cancellation and downgrading of a ticket with a fixed seat shall be subject to the following penalties:
- from the day following the date of issue and up to 7 days before departure: penalty of 10% of the ticket price;
- from 6 days to the day before departure: penalty of 25% of the ticket price;
- the day of departure: penalty of 50% of the ticket price.
Passengers who, without having cancelled their trip in advance, do not present themselves for embarkation or do not board the vessel scheduled and indicated on the embarkation card are not entitled to a refund, even partial, of the price paid and must in fact complete payment of the passage price if they had not paid it in full.
The aforementioned deductions shall be applied to the total of the Passenger fares, booked vehicles and related surcharges and taxes. The date and time of cancellation must be noted on the ticket by the company or travel agency that issued the ticket. The calculation of the time limit starts on the day following the date of cancellation and includes the date of departure. No reimbursement is due to those who cancel/cancel less than two hours before the scheduled departure, to those who do not present themselves at the time established for embarkation without having given prior notice to the Company of the occurrence of one of the circumstances envisaged by Article 400 of the Code of Navigation, as well as to those who communicate partial cancellations only when checking in for embarkation. In the event of cancellation of a ticket that has already been modified, the most onerous penalty assessed according to the date on which the modifications were made will be applied.
Refunds are made in the country where the ticket was issued, via the issuing office, provided that the date of cancellation is recorded in the computerised procedure or is confirmed in writing, with stamp and signature of the person responsible, by the office at the port of embarkation. Return “open date” tickets may be refunded within the terms of their validity, subject to a penalty of 10%.
8. CHECK-IN AND BOARDING: Timetables and itineraries indicated in the illustrative brochures are indicative and may be subject to change: before going to boarding, Passengers are invited to check the timetables and itineraries of their chosen journey at the Company's head office or agencies or on the Company's website.
The Company, in cases of objective necessity and/or force majeure, has the right to cancel the announced departure, to add or omit stopovers; to start the journey from a port other than the established one, to assign the ship to another line, to anticipate or delay the departure date. In the event that departure is delayed for more than 12 hours with respect to the scheduled departure time, the Passenger will have the right to terminate the contract and obtain reimbursement of the price relating to the unused passage, less the agency commission.
The Master, for the cases foreseen by the Navigation Code and for cases of objective necessity and/or force majeure, has full authority to proceed without pilot, to tow and assist other ships in any circumstance, to deviate from the ordinary route in any direction, for any distance and any purpose as per his duties as Master, as foreseen by the Navigation Code and International Conventions, and in this sense to touch both before and after departure any port or ports that may or may not be on the ship's itinerary, even if in the opposite direction or beyond the usual route, either by going backwards or forwards in any order for any purpose, one or more times, to transfer the Passenger and the vehicle to any other ship or means of transport, whether or not belonging to the Company, bound for the port of destination. The times of departure and arrival specified by the Company shall be understood as “pilot/pilot”. The time of arrival, if specified in the ticket, or otherwise communicated by the Company or its agents is purely indicative and the carrier is not liable for any delay due to unforeseeable circumstances or force majeure; more specifically, the carrier will not be liable 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 and sea conditions, strikes and technical failures constituting force majeure or other causes not attributable to the carrier and in any case in compliance with the provisions of Articles 402, 403, 404 and 408 of the Navigation Code. Passengers with tickets do not have to embark directly, but must present themselves at the embarkation station at least three hours prior to departure (also valid for groups): after this time, the Company reserves the right to cancel the corresponding bookings and to accept other passengers waiting. Passengers will be given a boarding pass that must be validated for boarding by the Border Police office. Passengers must be in possession of a passport or other recognised document, visas and any required international vaccination certificates. The company is not liable in the event of missed departure due to documents that are not in order for expatriation, therefore no reimbursement is provided.
9. LOADING AND UNLOADING OF VEHICLES: All vehicles are to be considered as “not carrying goods”. Vehicle lengths are to be considered overall, including towbars, drawbars or other. Camper vans, caravans, off-road vehicles or any other vehicles with an overall height of more than 1.80 m from the ground, must be indicated at the time of booking and appear on the ticket. Failure to comply with the above may result in the cancellation of the booking and consequent non-boarding, automatic placement on the waiting list for the day, and boarding on the ship will only be authorised if there is garage space available and upon payment of the fare difference due. Vehicles will be called for boarding in the order that will be ordered by the Master of the vessel and/or his aides and agents. Vehicle embarkation operations, including their arrangement in the place assigned on board (each vehicle must be parked with the engine and lights off, as well as with the handbrake on and gear engaged), disembarkation operations as well as any transfer of the vehicle from the parking place to the ship and/or any transfer of the vehicle from the ship to the parking place are always carried out at the sole care, risk and responsibility of the Passenger, even when he/she receives manoeuvring advice from the ship's personnel, except in the case of proven defect of the state of the place/ship. The Passenger is also exclusively responsible for any damage to their vehicle, to the goods and luggage contained therein, to their person as well as to the persons present in the vehicle. The Passenger is also exclusively liable for any damage caused to third parties, their vehicles, goods and luggage. The vehicle, including any trailer and/or caravan, with its contents, is accepted by the carrier as a single load unit without declaration of value. Therefore, any liability of the carrier for loss of and/or damage to the vehicle shall not exceed the limit set out in Article 423 of the Italian Civil Code, except in the case of liability due to wilful misconduct or gross negligence. Any Passenger wishing to declare the value of the accompanying vehicle must formalise this in writing prior to booking; the cost of transporting the vehicle will depend on the declared value.
10. RULES TO BE OBSERVED BY THE PASSENGER: The passenger is obliged to observe the prescriptions of Italian and foreign laws as well as any regulations of the Company concerning the passage contract. Furthermore, the Passenger is directly liable to the Company for all infringements, harassment, fines and expenses to which, due to his actions, the Company is subjected by the port authorities, customs, health and/or any other authority of any country. It is also agreed that minors must be kept under the supervision of their parents and/or persons in charge and may not circulate on the ship unaccompanied. In the event of an emergency, Passengers must place themselves at the disposal of the Master and Officers and must carry out the orders and prescriptions they receive in a disciplined manner. Passengers are obliged, at their own care, expense and responsibility, to check, prior to embarkation, their documents with the appropriate Police Authorities in order to ascertain that they are suitable for entry into the country of disembarkation. The company will not reimburse Passengers who are not authorised by the border police to embark or disembark because they have been found to have documents that are not suitable for expatriation; the company reserves the right to claim against the Passenger for any costs and/or penalties that it may receive as a consequence of the aforementioned circumstances.
11. HEALTH CONDITIONS OF THE PASSENGER: The Captain has the right to refuse passage to anyone who, in the opinion of the Company, is in such a physical or mental condition that they are unable to undertake the voyage or to anyone who, due to the abuse of drugs, hallucinogens, alcohol, illness or infirmity, is dangerous for the other passengers. In all the aforementioned cases, the Passenger shall not be entitled to compensation for damages and shall be liable for damages caused to the ship, to all its equipment and fittings, to third parties and to third parties' property. The acceptance of the Passenger on board by the Company shall not be considered as a waiver of any of its rights to subsequently assert its reservations on the conditions of the Passenger whether or not these were known to the Company at the time of embarkation and/or departure of the ship. In the event that the aforementioned condition of the Passenger is discovered during navigation, the ship's captain will take the measures required by law.
12. PREGNANT WOMEN: Since ships are not equipped to assist with pregnancy and childbirth, passengers who, on the date of travel, have completed the 24th week of pregnancy cannot be accepted for embarkation. Pregnant passengers who have not completed their 24th week of pregnancy may embark only upon written notification of their condition to the ship and presentation of a medical certificate issued no later than 72 hours prior to departure expressly authorising the trip, which must be presented to the ship's officer. Embarkation implies acceptance by the passenger of the risks connected with the absence on board of assistance (of a specialised type) and facilities suitable for handling any emergencies related to the condition of pregnancy, as well as the specific nature of carriage by sea with consequent difficulty of access to external assistance, with consequent indemnity and exoneration of any and all responsibility on the part of AFH S.p.A. and all its personnel.13. EXPLOSIVES, FLAMMABLE AND HAZARDOUS SUBSTANCES: It is strictly forbidden for the Passenger to include in their baggage or in their belongings stowed on board vehicles industrial residues or explosive and/or flammable substances or otherwise dangerous to the safety of the ship, the cargo or the safety of other Passengers and crew members. In the event of an established breach of this prohibition, the Master is authorised to seize or destroy such substances without the Passenger being entitled to claim any indemnity. The Passenger will also be held responsible for the consequences of the infringement of this prohibition.
14. WEAPONS: Passengers upon embarkation are obliged to hand over in custody to the Captain all weapons and/or firearms in their possession. In case of non-compliance, offenders will be liable to confiscation of the weapons and referral to the competent Judicial Authority.
15. BAGGAGE: The ticket price includes the charge for the carriage of 75 kg of baggage per person: the Passenger may carry hand baggage in the cabin or in the seat assigned. Baggage not handed over to the carrier must contain only items for the Passenger's personal use. All valuables, jewellery, cash, traveller's cheques, etc. may be deposited in the ship's safety deposit boxes or, failing this, handed over in a closed and sealed envelope to the Purser who will issue a receipt for the envelope without checking its contents. If it is ascertained that the baggage not handed over to the Carrier contains objects not for personal use, the Passenger must pay three times the fare for the carriage of such objects in addition to compensation for damages. In any case, it is agreed that the liability of the carrier for baggage and objects not handed over to the carrier is also limited to the maximum amount resulting from any written declaration of value issued by the Passenger, provided that the latter has paid the higher freight. Otherwise, the limit of Art. 412 c.n. shall apply.
16. LOSS AND/OR BREAKAGE OF BAGGAGE AND PERSONAL PROPERTY OR VEHICLE: The loss and/or breakage of the passenger's baggage and other personal belongings or of the vehicle accompanied by the passenger must be reported by the passenger to the Master of the ship or to the agents and/or officers of the Company in the port of disembarkation - under penalty of forfeiture - at the time of delivery if it is an apparent loss or breakage, or within three days of delivery if it is not apparent. For luggage and objects not handed over by the Passenger to the carrier, the latter is not liable for loss and/or damage unless the Passenger proves that such loss and/or damage was caused by a cause attributable to the carrier. In any case, the carrier is not liable for loss and/or damage attributable to acts of vandalism by third parties.17. ACCOMMODATION: The Passenger will occupy the seat indicated in the ticket and if not available the one indicated to him by the Captain or the Purser. The Company, in case of objective necessity, has the right to assign the Passenger to a different seat. In the event that the seat assigned is of a higher type, no difference in fare will be requested, whereas if the new seat is of a lower type, the Passenger will be paid the difference paid in excess, without prejudice to the Passenger's right to terminate the contract in accordance with the law. Cabins must be vacated at least two hours prior to arrival at the port.
18. DOGS AND CATS: The transport of pets, dogs and cats is free of charge. Dogs must be muzzled and are kept in the kennels on board. Cats must be transported in cages. Feeding is the responsibility of the owners. Animals must have a valid international health certificate. Passengers are liable for any damage caused to property or third parties by their animals. The Carrier declines any responsibility for any seizure or suppression of animals by the Sanitary Authorities of the port of disembarkation/embarkation as well as for any damage to animals, for their escape, loss or death occurring during transport or during embarkation and disembarkation, except in the event of proven cases of wilful misconduct and/or fault attributable to the Carrier. However, the Passenger is always required to behave appropriately and diligently in order to avoid and/or prevent such problems.
19. JURISDICTION, APPLICABLE LAW AND COURT OF JURISDICTION: The contract of carriage governed by these General Conditions is subject to Italian jurisdiction and is governed by Italian law. For any dispute concerning the validity, interpretation, execution, termination and extinction of the contract of carriage governed by these General Conditions, as well as for any other aspect and profile connected thereto, the passenger accepts the exclusive jurisdiction of the Court of Ancona.20. INFORMATION ON PASSENGER DATA: Passengers are obliged to provide the following data: name, surname, sex, age, etc. All boarding passengers are required to inform the company of any information relating to their need for special care and/or assistance in emergency situations. Passengers requiring assistance for embarkation (people with mobility difficulties, etc.) are obliged to present themselves for embarkation well in advance, highlighting this need to the dock staff and/or on-board personnel. It is the Passenger's obligation to communicate any changes in personal data if they differ between the time of booking and the time of boarding. Personal data is collected in accordance with Legislative Decree 251/99 implementing EEC Directive 98/41 of 18.06.98, with the regulations relating to the application of the ISPS code on anti-terrorist regulations, as well as in compliance with the provisions of Legislative Decree 196/03.Pursuant to and for the purposes of articles 22 and 23 of Regulation (EU) no. Pursuant to articles 22 and 23 of Regulation (EU) no. 1177/2010 (concerning the rights of passengers travelling by sea and inland waterway), passengers waiting to board Adria Ferries’ motor vessels are informed that the said Regulation can be consulted at the ticket office of the AFH S.p.A. shipping company and on board the vessels.
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