General transport conditions for passengers, luggage and property and vehicles - Line Messina-Salerno
1 - Definitions
- By “Passenger” we intend any person travelling with a ticket issued by the Carrier and/or by authorised agencies.
- By “Carrier /or Company” we intend the Cartour.
- By “vehicle’’ we intend any vehicle with passenger/s not carrying goods. This includes any trailer and/or caravan, which are subject to different prices due to their size.
- The Carrier undertakes to transport passengers with their vehicle(s) under the following general transport conditions that can be consulted in full at authorised ticket offices, at the Carrier’s offices, on board our ships and on carontetourist.it. The conditions can also be found on all tickets and ticket purchase implies the understanding and acceptance of said conditions on behalf of the passenger.
2 - Transport regulations and validity
The object of this contract is the transport of passengers, their luggage and vehicles according to articles 396 (and following) of the Navigation Code and of regulations EC/392/2009 and EU/1177/2010. The Carrier cannot be held responsible for any inconvenience caused to passengers by cancelled or delayed departures, except in cases mentioned in articles 18, 19 and 20 of regulation EU/1177/2010. Responsibility relating to the transport of passengers, their luggage and vehicles, if not provided for in these conditions, is regulated by the Italian Navigation Code and regulation EU/1177/2010 and, successively by the Italian Civil Code. Passenger tickets are not transferable and are valid exclusively for the journey indicated on said ticket. Passengers are required to look after their tickets which must be shown to any member of staff on request. Any passenger travelling without a ticket must immediately inform the Ship’s command or is otherwise obliged to pay double the price of the ticket and is also liable to pay damages. It is the duty of the passenger to check that all travel details on the ticket correspond to his/her requirements. The Carrier cannot be held responsible for errors. Passengers in possession of prepaid bookings that attempt to embark with a vehicle that does not correspond to that mentioned on the booking must, before embarkation, pay the difference in price between the booked vehicle and the vehicle to embark. This procedure does not in any way compromise the right to embarkation provided that there is room on board to accommodate the vehicle involved.
3 - Ticket price
The price indicated on the ticket refers to that in force on the date of ticket issue. Payment by credit card is subject to charges established by the card issuer.
Until the ticket is issued, the Company reserves the right to modify the price if there has been an increase in the price of fuel and/or port taxes and duties. The price of the ticket does not include food on board. Food can be purchased on board in the restaurant or self-service canteen. Any embarkation or disembarkation duties are indicated on the ticket. Tickets purchased at our ticket offices may be subject to a supplement for the use of the ticket office in the embarkation area. Booking fees from € 6.00 per passenger (for each journey) are applied to the price of the ticket. All special and/or promotional prices are subject to availability and are automatically established by the booking system. The application of special and/or promotional prices depends on the dates of booking and departure, the number of passengers, chosen seating and booking method used and is subject to availability at the time of booking. Bookings made with special and/or promotional prices can be modified and cancelled only if they include the Flexibility Option. The Flexibility Option does not release the client from paying any price differences deriving from requested variation but allows for changes and cancellation in bookings made with special and/or promotional prices. Passengers in possession of a ticket bought as part of a convention must show all necessary documentation required by the Carrier for any single convention on the Carrier’s website, as well as a valid identity card, at the ticket office for check in, to prove they have the right to such convention (the number of which is written on the ticket). The passenger in this case must also appear on the Convention’s booked passenger list. Failure to provide necessary documentation or to observe the General Transport Conditions invalidates the booking and consequent permission to travel. In this case the passenger is obliged to purchase a new ticket in order to embark and pay the difference in price between the two tickets. The passenger, alternatively, can ask to be reimbursed for the unused ticket, on payment of a 25% penalty. Any promotions cannot be combined on a single ticket and in any case cannot be used with convention tickets.
4 - Presentation for embarkation
Embarkation time, unless otherwise written, takes place two hours prior to departure for passengers with vehicles and one hour prior to departure for foot passengers.
Passengers who fail to observe these times lose their right to the booking and to full or partial reimbursement of the ticket price.
Passengers who do not arrive on time for embarkation or who do not embark on the vessel indicated on the ticket cannot be guaranteed embarkation, reimbursement, compensation and/or refund.
5 - Cancellation and reimbursement
Unless otherwise stated in article 400 of the Navigation Code, the Company grants passengers who no longer intend to or are unable to travel, partial reimbursement of the ticket price. In such cases, passengers must send written communication to the Messina offices via fax to +39.090.53416 or email to servizioclienti@carontetourist.it (for private customers) and agenzie@carontetourist.it (only for bookings made in travel agencies). Any communication must be forwarded by the passenger directly or via the travel agency where the ticket was bought.
Any request to cancel a booking must be received by the Carrier not later than 24 working hours prior to the date of departure of the booked vessel. Cancellation requests cannot be sent on Saturdays, Sundays and public holidays and must reach the Company during office opening hours (Monday to Friday from 09:00 a.m. to 17:00 p.m.).
Any communications that do not respect the above shall be registered with the date of the next working day (e.g. a request sent at 22:45 on Friday shall be registered by the Carrier the following Monday) In any case penalties are applied according to the actual date of registration by the Carrier. No reimbursements can be made if the cancellation was requested in the last 24 hours prior to the date shown on the ticket.
Reimbursement claims registered in the last 24 hours prior to or after the departure of the booked vessel cannot be considered.
Penalties in case of booking cancellation, which the Carrier can withhold from the price paid, are as follows:
- 20% - if the cancellation request is registered more than 19 (nineteen) days before the departure date on the ticket;
- 30% - if the cancellation request is registered in a period between 19 (nineteen) and 4 (four) days prior to the departure date on the ticket;
- 50% - if the cancellation request is registered in a period between 3 (three) and 2 (two) days prior to the departure date on the ticket;
- 75% - if the cancellation request is registered 1 (one) day before the departure date on the ticket (provided that the request is made before the last 24 hours prior to the departure date on the ticket);
- 100% - if the cancellation request is registered in the last 24 hours prior to the departure date on the ticket;
Penalties in the case of booking cancellations that have already been subject to variation are established according to the date of the original booking. In this case the request for variation of the original booking is to be considered the request for cancellation.
Bookings made with promotional prices of limited availability cannot be cancelled or reimbursed unless it is included the Flexibility Option.
Reimbursements are calculated according to the date of registration of the cancellation on the part of the Carrier. No reimbursement can be made to passengers who do not arrive in the established time for embarkation unless they have communicated one of the circumstances referred to in article 400 of the navigation code to the Carrier. The same applies to passengers that communicate any partial cancellations during check-in.
6 - Changes
Changes to a booking (unless the change refers to the names of the passengers or the vehicle's number plate) will entail the following penalties being applied:
- Fixed penalty of €10.00 for changes of any kind
- Penalty of 100% if the change is made on the day of departure
- Penalty of 100% if the change is made to a ticket with a limited availability category.
Any reduction in the ticket price will be refunded minus the penalties provided for in Article 5 above.
It is not possible to change the name of the ticketholder; this request must involve cancelling the ticket.
Changes and modifications will be made subject to availability and, in the case of cancellation, the same penalties and conditions under Article 5 are provided for reimbursement.
At the time of paying for a booking, it is possible to include the Flexibility Option, which lets you make a maximum of 2 (two) changes to your booking without incurring a penalty.
Requests to change reservations covered by the Flexibility Option can be sent up to 8 working hours prior to the departure date indicated on the ticket.
The Flexibility Option is not refundable on its own but only when cancelling the entire booking.
The Flexibility Option is the only accessory available that lets you make a change to a booking purchased with limited availability Promotional Rates.
The Flexibility Option provides the possibility of not paying any penalty for any cancellation requests sent up to 8 working hours prior to the departure date indicated on the ticket.
7 - Changes in times of arrival and departure - Cancellations - Changes in route
The Company reserves the right to cancel any departure, to add or remove ports of call, to change port of departure, to change route, to hand over the vessel to other lines, to anticipate or delay departure dates and times (times are intended as merely indicative). The Captain reserves the right even without a pilot to tow or assist other vessels in any circumstance, to change course in any direction, for any distance and for any reason, to stop at any port or ports, whether or not on the vessels planned course, and in any direction, in any order and for any reason. The Captain also reserves the right to transfer passengers and vehicles to any other vessel or other means of transport, heading for the port of destination, whether or not such means belong to the Company. The time of arrival, if specified on the ticket or by other means communicated by the Company, its staff and/or crew, is to be considered merely indicative. The Carrier cannot be held responsible for any delays.
Prior to departure, passengers are required to check that no variations have been made relative to the vessel or to the time shown on the ticket. In any case, any cancellation, delay or interruption is subject exclusively to Regulation EU/1177/2010, which can be consulted on carontetourist.it. With reference to interruptions the company reserves rights according to article 405 of the navigation code.
In any case, cancellation, delay and/or interruption to a journey are regulated exclusively by Regulation EU/1177/2010, which can be consulted on carontetourist.it, unless referred to in article 405 of the Navigation Code regarding interruptions to journeys.
Arrival times, where stated, are only to be considered indicative and can be subject to variation due to weather and sea conditions, port traffic, manoeuvres and/or any limits imposed by the competent Authorities or others not attributable to the Company.
The vessel intended for transport is merely indicative, the Carrier reserving the right, at any time, to substitute a vessel for any other, even one of another carrier.
The Commander reserves the right to lend aid to any person in difficulty in the sea and to assist any other vessel in danger and to change the established route in any direction according to weather and sea conditions to guarantee the safety of the vessel.
The Carrier cannot be held responsible for any consequent delay and/or modification to the route taken.
8 - Vehicle embarkation and disembarkation
Vehicles are required to embark in the order established by the captain and/or his crew and staff. Drivers are required on booking or embarkation to state if their vehicles are fuelled by methane or any other gas. Vehicle embarkation, including on board parking, disembarkation and any vehicle transfer from the car park to the vessel and/or from the vessel to the car park are all under the exclusive responsibility of the passenger. Drivers are obliged, once the car is parked on board, to leave the vehicle in the lowest gear with the handbrake on, remove keys from the ignition, turn off any lights and electrical devices, disable the alarm and ensure that doors and boots are securely closed. The Carrier declines any responsibility for any lost or damaged property inside the vehicle. It is forbidden to remain in vehicles, camper vans or caravans (from embarkation, during navigation and until the crew and/or staff have allowed passengers to return to their vehicles once destination has been reached. Drivers of camper vans and caravans are also obliged to turn off any gas supplies and to switch off all electrical devices. Vehicles must be left according to the regulations set out by the Maritime authorities.
The passenger is also liable for any damaged caused to the vehicle and all it contains, as well as to him/herself and any other people in the vehicle. The passenger is also responsible for any damage caused to third parties, their vehicles, possessions and luggage.
The driver or responsible party must, before embarkation, ensure that the vehicle with any goods or baggage is securely fastened to the vehicle. The driver as well as the owner of any goods and luggage (if different from the driver) is responsible for any damage caused to the Company or third parties due to failure to observe regulations.
Vehicles with trailers or caravans including contents without a signed declaration from the owner are considered by the Carrier as of undeclared value. As such the Carrier can only be responsible for loss or damage within the limits of the law, except due exemptions. See clause 18.
9 - Passenger conduct
All passengers must observe all Italian, Community and foreign laws and any orders given by the ship’s Captain as well as Company regulations which passengers can consult at carontetourist.it or at our ticket offices. Passengers will also be held responsible towards the Company for any fines, violations and/or crimes for which the Company is subject to the Port Authorities, customs, health and other such authorities of any country. Minors between 14 and 18 years old may travel unaccompanied under the responsibility of their parents and /or guardians. Minors under the age of 14 must be accompanied by their parents or an adult in charge at all times. In the event of an emergency passengers must obey orders given by the Captain and his crew and must carry out orders in a calm orderly fashion.
According to antiterrorist laws in force, ship officials may at any time require identity documentation or luggage inspection.
All passengers including minors (children and infant under 11 years old) will need to be in possession of a valid identification document at the time of check-in.
Otherwise, boarding will be refused. According to the law, self-certification and statement of lost id card will not be considered valid.
10 - Passenger health
The Commander reserves the right to deny embarkation to any passenger he deems to be in a physical or psychological condition unsuitable for travel or to be under the influence of drugs, hallucinogenics or alcohol that could be a danger for the other passengers or the vessel. In such cases the passenger has no right to compensation and is liable for any damaged caused to the vessel, its contents and equipment, third parties and the property of third parties as well as for any delays caused.
The Company’s acceptance of passengers on board does not waiver the Company’s right to take action against a passenger and/or to claim damages.
Such rights on the part of the Captain or the Company are in accordance with current law and, regarding people with limited mobility, in accordance with articles 7 and 8 of EU Regulation n. 1177/2010.
Pregnant women must accept any risks involved due to the absence onboard of medical staff or specialised medical assistance or structures suitable to dealing with any emergency deriving from the state of pregnancy. Cartour and its staff cannot be held responsible for any problems regarding travel due to weather or sea conditions or to difficulties in access to external assistance.
11 - Passengers with disabilities
The vessel, according to laws in force, has a limited number of cabins available for people with disabilities.
The Carrier accepts bookings from persons with disabilities on the same conditions with which it accepts all other passengers.
In compliance with EU Regulation EU/1177/2010, people with disabilities and limited mobility must record in writing, at the time of booking or pre-departure ticket purchase, any specific requirements regarding seating, services, and any medical equipment or apparatus. In view of the above such passengers are required to inform, even by email, the Carrier or terminal operator with at least 48 hours notice and present themselves in an established place at least 60 minutes prior to departure.
The Carrier has the right to refuse a booking, to issue a ticket or to allow embarkation of a person with disabilities or with limited mobility in accordance with relevant national, European and International laws regarding safety and security as well as regulations applied by the competent Authorities, particularly when the design of the vessel or the infrastructure and equipment of the port impedes safe and secure embarkation, disembarkation or transport. In this case, the Carrier shall inform the passengers concerned and shall refund the price of the ticket.
If strictly necessary the Carrier can require passengers with disabilities or limited mobility to be accompanied by a person capable of giving assistance. According to Regulation EU/1177/2010, in the event of loss or damage to any mobility aids or equipment, compensation shall correspond to the replacement or repair of the equipment in question.
12 - Explosives, inflammable and dangerous materials
Any industrial waste, inflammable and/or explosive substances or any other dangerous substances that could in any way cause harm to the vessel, the crew, its passengers or any property, are severely prohibited. In the event of violation the Captain is authorised to confiscate and destroy such substances for which the passenger cannot claim compensation. The passenger is also responsible for any consequences deriving from any violation of this regulation.
13 - Weapons
On embarkation passengers are obliged to hand in any firearm or weapon to the Captain of the vessel. In the event of any violation of this law any weapon can be confiscated and the passenger referred to the competent judicial authorities.
14 - Luggage and property
Any objects of value, jewellery, cash, credit cards, traveller’s cheques etc. can be left in the appropriate safes on board or left in sealed, signed bags or envelopes with the Vessel’s Commissariat that will issue a receipt without checking the contents. The Carrier’s responsibility for property not entrusted to the Carrier is limited by law.
15 - Animals
The transport of pets and other small domestic animals (dogs, cats, etc.), is permitted when the owner/s are in possession of the enrollment in the canine registry, a certificate of good health issued by the veterinary as well as the required ticket. In compliance with regulations regarding health and safety, pets and domestic animals, once accepted by the Company, must travel in the places provided. Passengers are forbidden to take them into public areas (except when pet cabins are provided).
Passengers are responsible for any damage caused by their animals to any third party.
The Carrier denies any responsibility for any confiscation or suppression of animals by the port authorities, as it does also for the loss, injury or death of such animals during embarkation, disembarkation and navigation.
The embarkation of larger animals is subject to the incontestable discretion of the Captain. Authorised large dogs must wear a muzzle and be kept on a leash from embarkation and during navigation. The transport of all animals (regardless of size) is the exclusive responsibility of the passenger and/or the owner. Acceptance on board does in no way imply legal responsibility on behalf of the vessel or Carrier.
16 - Accomodation
Passengers must occupy seats or berths indicated on the ticket or assigned by the Commander or Commissariat on board. The Company reserves the right to change a passenger’s accommodation if necessary: if the new accommodation assigned is of a superior type the passenger is not required to pay the difference.
17 - Applicable law, jurisdiction and competent forum
Contracts regarding passengers, luggage and vehicles are regulated by and are in accordance with Italian law. Any controversy, relative to the interpretation and/or implementation of this transport contract is the exclusive competence of the court of Messina The court of Messina has exclusive jurisdiction.
Article 18 - Claims
The Carrier cannot be held responsible for damage or loss to vehicles and/or their contents before or during embarkation, on board or during navigation (except in the hypothesis of serious negligence on the part of the Carrier), as well as during, or subsequent to, disembarkation.
In view of the above, any damage caused to vehicles or other during transport must be reported by the passenger to the ship’s command and/or to the on board officers – failure to do so would invalidate claim – prior to disembarkation. Passengers should thus present their claims to an on board official who will provide the appropriate forms to be completed and signed by the passenger. In the event of accident or damage on board, the passenger must report the fact immediately to the Captain who shall, if necessary, draw up a report for insurance purposes. The Company cannot accept responsibility for any damage caused on board or in the embarkation areas if the passenger fails to produce aforesaid report.
The Carrier cannot be held responsible for any loss or damage to any luggage or possessions not consigned by the passenger to the Carrier, unless the passenger can prove that such damage was caused by the Carrier itself. The Carrier cannot be held responsible for damage caused by third parties.
Responsibility for any property entrusted to the Carrier is governed by article 412 of the Navigation Code.
In compliance with all applicable laws, the responsibility of the Carrier is any case subject to a deductible allowance of 330 Euros, in the event of damage to a vehicle, and to a deductible allowance of 149 Euros (per passenger), in the event of loss or damage to luggage or property.
19 - Passenger information
In accordance with the ministerial decree 13 October 1999 following the EEC 98/41 directives (18.06.1998) and regulations regarding the application of the ISPS code regarding terrorism, all passengers are required to produce, at the time of booking, personal details including: surname, name or initial, gender, age category (newborn, child, minors between 14 and 18, adult), date and place of birth, phone number. Personal data collected according to laws in force are only kept for the necessary time established by such laws and in compliance with the legislative decree 196/2003.