Campania Regionale Marittima S.p.A.
GENERAL CONDITIONS OF CARRIAGE PASSEGGERS AND VEHICLES
In the following text, the following words shall mean:
COMPANY: CAREMAR, Campania Regionale Marittima S.p.A.
VEHICLE: any vehicle included but not limited to cars, motorcycles, motorhomes, trucks, trailers, vans etc. for private or publica use, for the tran sport of people or objects, travelling with a passenger.
PASSENGER: any people on board excluded the captain, crewmembers or any other individual providing any kind of service or assistance.
TICKET: travel document defining the contract between the person and the company or any passage ticket defined according to art. 396 of the Italian Navigation Code.
TABLE OF RATES: set of rates, applied by the Company and approved by the competent Ministry.
Art. 1 – Service Performing
The Company provides the service of people, luggage and veichle transport according to the following general conditions of carriage which are publicized by all companies authorized to the issuing of tickets in the boarding ports, in the companies’ offices, in the information boards and on the website. An abstract of the conditions ruling the transport on the ships and Fast Units is printed on the tickets.
General conditions for carriage are subject to amendments and alterations accordingly to the current laws. The text of the conditions published on the Company’s website (www.caremar.it) is the one valid for legal purposes.
Art. 2 – Ticket price
The total price of the ticket is determined by the rate and by any other right described separately. Rates published are inclusive of V.T.A.
Rates can be found on the Table of Rates, which is a part of the Rules.
Art. 3 – Children and Minors
Children under 12 shall be accompanied by an adult passenger. Rates are published in the Table of Rates.
Art. 4 – Travel facilitations
The company allows travel facilitations as described in the Rates section.
Facilitations are applied on the “fare” section of the rate, not to extras and accessories.
Where a passenger is entitled to more than a facilitation, only the most convenient facilitation is applied. Facilitations cannot be combined. Passengers entitled to facilitations must be prepared to show the document proving the aforementioned right upon request of ship crew members and/or company’s employee.
Those found without such document will be asked to pay the difference between the reduced rate and the regular rate, plus the on-board collecting right as defined in the Table of Rates.
Art. 5 – Tickets
In order to travel on the Company’s ships and Fast Units, the passenger must have a regular ticket, which represents a proof of the regular contract valid for the trip indicated on the ticket itself . Vehicles are registered on the passenger’s ticket or on any ticket related to the passenger. The ticket shall be kept for the entire travel and shown upon request of the personnel. Those found without a valid ticket shall pay for the value of the full rate plus the on-board collecting right as defined in the Table of Rates. The vehicle travelling without a corresponding ticket or benefiting of an illegitimate facilitation or with a ticket valid for a vehicle of a smaller category shall pay the difference with the regular rate plus the on-board collecting right. Single and return tickets are only valid for the indicated trip.
In case of loss, destruction or theft of the ticket, a new ticket shall be purchased.
Tickets can be exceptionally required on board of ferries and fast units; in this case, in addition to the regular rate, the on-board collecting right shall be due.
Facilitations other that the residents rates are not applied to tickets purchased on board. Passengers entitled to other kind of facilitations or reduction of any kind shall request to the Company offices the difference between the applied rate and the special rate they are entitled to.
Art. 6 – Bookings
Bookings for seats and/or garage spots can be made in advance before departure at the company’s ticket offices in the boarding port, at authorised travel agents and through other booking channels defined by the company.
Date and time of departure, boarding port, arrival port, number of passengers, type of vehicle and any other information useful to identify the passenger or passengers and to correctly apply rates shall be indicated in the booking request. For each garage spot booked with the ticket, a booking rate as defined in the Rates section is due. The simple booking request, not confirmed with the purchase of the ticket, does not bind the Company, which is not liable in case of non-availability of seats/garage spots.
Art. 7 – Boarding – disembarkation – on-board permanence
Passengers are required to show up of boarding with their regular ticket at least 30 minutes before departure of the ship or of the Fast Unit; 60 minutes if travelling with a car; boarding will not be guaranteed after this deadline.
Passengers with a ticket purchased before departure are required to ensure that no changes independent from the Company will have occurred with regards to the service for which the ticket was issued.
Vehicle embarkation and disembarkation is performed by the passenger itself.
Boarding and disembarkation operations are performed according to order and criteria as defined each time by the Captain. The vehicle embarkation is dependant on the trip itself and on any needs related to the ship, its navigability and to the safety of the navigation. This is all dependant on the reasonable judgement of the Captain, as defined by the current laws, even if a space reserve (booking) has intervened among the parts.
Boarding, on-board permanence and disembarkation of the passengers are regulated by the current law, by order issued by the ship’s Command with regards to specific situations and by the following provisions:
a) Except as provided in par. 2 of art. 192 of the navigation Act, the boarding of passengers clearly suffering from diseases deemed severe or, in any case, dangerous to the safety of the navigation and passengers, is subject to authorization provided by Health Authorities;
b) The boarding of passengers in physical conditions unapt to navigation is, in their interest and regardless of the absence of a danger to the public safety and to the navigation itself, subject to a medical certification for the trip or to the issue by the passenger itself of a declaration of responsibility with regards to its conditions for the trip;
c) Passenger in a clear state of agitation or drunk conduct will not be allowed on board
d) With regards to the peculiarities of maritime transport, it is mandatory to use vehicles that are efficient in every part, especially with regards to brakes, tires, suspensions and, where provided, lashing;
e) It is mandatory to present vehicles for boarding with a load packed, placed and bristled at the state of the art, with all possible precautions and care systems required by the kind of goods and vehicle, all accordingly to transportation by sea;
f) It is mandatory for vehicle drivers:
– Engage a low gear and apply the parking brake
– Remove keys from ignition and turn electrical devices off
– Turn off the alarm system
– Close all gas valves and disconnect electrical devices of motorhomes and vans
– Leave the vehicle accordingly to rules defined by Maritime authorities
– Declare the transport of LPG/methane or other gas-fuelled vehicles.
The transport of refrigerating vehicles is subject to the rules of RINA (Italian shipping register), a well as to the regulation issued by competent authorities, whose rules prohibit the use of the vehicle’s energy sources. The company reserves the right, upon the passenger’s request, to provide the ship’s energy to be used for the passenger’s vehicle as long as the vehicle is provided with explosion-proof plugs. In the eventuality the ship’s electricity is provided, the Command bears no responsibility for any interruption in such supply for any reason or cause without exception and included voltage fluctuations, since the passenger acknowledges that the use of the ship’s electricity is under its responsibility and at its own risk also with regards to third parties involved. In the eventuality the refrigerating vehicle’s engine shall not properly function and shall not prove safe for the ship and its content, the Command can suspend the energy supply.
For their own safety passengers must comply with the safety provisions issued by means of signs, audio messages and crew communications.
Art. 8 – Luggage
Each passenger is entitled to 20 kg of hand luggage free of extra charges when travelling on ferries and 10 kg when travelling on fast units.
Children travelling with the reduced rate are entitled to 10 kg of luggage on ferries and 5 kg on fast units. All personal effects taken on the ship for the passenger’s personal use in suitcases, travelling bags, boxes and similar are considered as luggage. Other kind of objects, if included in the luggage, determine the payment of a double rate for luggage in addition to damage compensation. Travelling sales representatives are entitled to check their samples up to the maximum allowed weight of 20 kg. The company bears no responsibility for any theft of any unattended objects and/or luggage; the passenger is the sole responsible for their control.
Art. 411 and 412 of the Navigation Code apply with reference to the Company liability.
Art. 9 – Lien on luggage
The company has a right of lien on the luggage for any credit toward the passenger arising from the carriage contract.
When the passenger fulfils its obligations the Company shall deliver the luggage to the place defined in the contract. Shall the passenger fail to fulfils its obligations, according to Art. 416 of the Navigation Code the Company is entitled to sell the luggage as provided in the Civil Code (art. 1515, 2797 of Civil Code and art. 83 of the implementing provisions.
Art. 10 – Pets
Unless otherwise provided, the carriage of dogs, cats and other small living animals accompanying passengers is allowed.
Dogs must be on a leash and muzzled, while other animals must be housed in cages or baskets under the passenger’s supervision. Passengers carrying pets must remain in the dedicated areas or, whereas present, house their animals in the ship’s shelters. Guide dogs for the blind are exempted from this provision. Pets transport and care is under the passenger’s sole responsibility. The carriage of pets accompanying passengers is also subject to the sanitary dispositions laid down by the competent authorities in the field. The passenger shall indemnify the Company against any liability and expense arising from the disregard of existing rules and laws by the passenger itself. The Company shall not liable for any accident occurring to pets if the event is not under its responsibility. The carriage of other animals can only be made on ferries using specific vehicles duly approved and in times agreed in advance with the society.
Art. 11 – Dangerous goods
The carriage of flammable, explosive, corrosive or dangerous materials is allowed on ships authorized to the purpose and according to the current laws. The passenger must declare in advance before boarding the presence of dangerous goods which must be submitted for boarding under the conditions provided by the law.
The services referred to in this article however shall be announced to the Company and to its representative at the boarding at least three working days before departure.
Art. 12 – Vehicle and luggage collection
Passengers shall promptly collect their vehicles when the ship arrives. Under no circumstances will the passenger be entitled to leave to the Company damaged or otherwise depreciated vehicles. Shall the passenger not disembark the vehicle and shall this remain on board, its freight will be charged to the passenger. No reimbursement claim, loss or other damage suffered by luggage or vehicles will be admitted if their state is not recognised jointly with the Command and if it is not properly described, in the case of apparent damage.
Art. 13 – Prohibitions
It is strictly forbidden to:
a) Hold behaviours or attitudes that are or may be to disturbance or inconvenience to other passengers;
b) Sell, sing or play music and provide services to passengers;
c) Introduce animals or objects that may be of disturbance to passengers or in contrast to hygiene and decorum rules, with the exception referred to in par. 3, art. 10;
d) Lying on sofas;
e) Smoking in the ship’s internal areas;
f) Open and close doors and windows, tamper with furniture and equipment: for these needs the passengers shall refer to the crew;
g) Wear or hold in the luggage weapons and ammunitions; these shall be delivered to the Command and will be collected after the disembarkation; Armed Forces and Police forces are exempted according to the current laws;
h) Bring on itself, in the luggage or in the vehicles any flammable, explosive, corrosive or otherwise dangerous substance, as well as cylinders loaded with oxygen, compressed air, gas and similar;
i) Carry letters and parcels subject to postal charges;
j) Throw any object in the sea;
k) Stay inside the vehicle during the navigation;
l) Start the engine before landing ramps are completely open.
Art. 14 – Refusal of nautical craft – departure cancellation – change of route – departure delay – early departure due to force majeure – trip curtailment
If the departure of the ship or fast unit is prevented due to causes not attributable to the Company, the contract is terminated and the Company is compelled to return the price received (art. 402 Navigation Code.
Without prejudice to the existing interconnection between the various trafic reports carried on by the Company, provisions of art. 403, 404, 405 and 406 of the Navigation Code apply.
Art. 15 – Refusal of passenger – missed departure and interruption of the passenger’s journey – reimbursement
The cancellation of the trip shall be communicated by the passenger according to the following procedure:
– At any of the authorised travel agents, ticket shops or boarding areas up to two hours before departure;
– Up to thirty minutes before departure, a the ticket office of the departure port; in this case the contract is terminated and the passenger is entitled to reimbursement, provided the following penalties
i. 10% for trips cancelled until the day before departure
ii. 25% for trips cancelled on the day of departure and up to 30 minutes before it;
Booking rights are never refundable.
Any possibility to communicate the refusal to subject other than the aforementioned will be illustrated in the Company’s publicity.
The right to reimbursement of trips cancelled according to the present conditions is prescribed in any case 6 months after the departure date as indicated in the ticket.
No reimbursement is due for trips cancelled outside the present terms.
Shall the passenger be forced to interrupt the trip for reasons not imputable to him, the price of the carriage is due with limitations to the section completed.
Shall the trip be interrupted under the passenger’s responsibility, the Company is not liable for the reimbursement for the difference in price with the unused portion of the trip (Art. 406 Navigation Code).
Tickets purchased via web or agency (with type code WB012345678X or WP012345678X):
Requests for reimbursement must be notified within 24 hours before the scheduled departure, through the restricted area of the site caremar.it. it is therefore necessary to register the same. Inside the restricted area, in the “manage purchases” will be available all the tickets purchased with the e-mail address used for registration. By clicking the “detail”, at the ticket you want to request cancellation and then clicking the “Cancel ticket” will set the procedure for requesting reimbursement.
The cancellation involves the application, where appropriate, a penalty of the original ticket of 25% and the loss of pre-sales (rounded to the nearest decimal).
Receive, after the administrative checks, crediting directly on the same credit card used for the purchase. Please note that the time of receipt of the message is binding. Tickets are not canceled by the deadline, they will not be refunded in any way, not even partially.
Art. 16 – Liability
The Captain is a judicial police officer and, as such, shall exercise the powers referred to in art. 221 and following of the Criminal Procedure Code in the occurrence of crimes committed on board during the navigation; he exercises its authority over all individuals on board (crew and passengers). He has disciplinary powers and navigation safety police powers.
The passenger, from embarkation to disembarkation, must comply with the provisions of the Command; he must behave accordingly to common diligence and prudence, watching over his own safety and security and over those of people and animals travelling under his custody, over his possessions and in a higher measure when maritime conditions require. The Company is responsible of any accident to passengers that may occur from the beginning of the embarkation to the end of disembarkation and of the loss or damage to things carried by the passenger if an external liability cannot be proved.
Are exempted cases where the event is not attributable to the Company or can be referred to the passenger’s failure to comply with the prescriptions defined by the Command for the safety of life at sea. The Company shall not be in nay case responsible for losses or damaged caused to vehicles or things in them contained by any other vehicle, unless directly attributable to the Company. Any complaint will be settled directly between the interested parties.
Art. 17 – Prescription
The rights arising from the contract of carriage of people and luggage shall lapse with the expiry of the terms provided by art. 418 of the Navigation Code. In any case, given the terms of the previous paragraph of the present article, the passenger suffering damages to its own person from the beginning of the embarkation to the end of disembarkation, shall report them to the Command before disembarking.
Art. 18 – Complaints
The passenger, if any irregularity or deficiency in the service provided by the Company is found, can inform the Command before disembarkation.
Art. 19 – Privacy
Accordingly to art. 13 of legislative decree n. 196 of 30/6/2003 defining provisions for the protection of personal data, the Company as holder of data managing rights informs that tha personal data will be processed for purposes strictly related to the management of the contract and the provision of services, also by means of informative systems suitable to guarantee security and confidentiality.
Art. 20 – Postponement
Any aspect not covered by the present Conditions of Carriage shall be ruled accordingly to the provisions of the Navigation Code, the Civil Code and other applicable laws.