The Captain is a judicial police officer and, in this capacity, exercises the powers referred to in Articles 221 et seq. of the Italian Code of Criminal Procedure, in the event that crimes are committed on board while sailing and exercises their authority over all persons on board (crew and passengers). They have disciplinary and policing powers for maritime security.
The passenger, from the time of embarkation and disembarkation, must comply with the orders of the Captain. Moreover, their behaviour must prove to be in accordance with common diligence and prudence, monitoring the safety and integrity of themselves, of the people and animals that are in their custody, and of the safety of their personal belongings, and that so required by the weather and sea conditions during the trip.
In the event of an emergency, passengers must make themselves available to the Captain and Officers and must strictly carry out the orders and instructions that they will receive.
In accordance with existing anti-terrorism regulations (ISPS), passengers may at any time be subject to baggage inspection and/or requested to show identification to the ship's Officers.
All passengers must comply with the regulations and requirements of the Maritime, Port, Customs, Health and Public Safety Authorities. They are responsible for any violations with regards to the competent Authorities and the Company itself. The Company has the right to refund them for all damages, expenses, fines, penalties, administrative sanctions and any other kind of dues that may result from the abovementioned violations.
Vehicle and Cargo Liability
The passenger, the driver or the person responsible for the cargo must arrange, under their own care, expense and risk, to accommodate the cargo, to the vehicle or to the container, to the closing, covering and sealing of the vehicle itself and/or container. Therefore, the passenger, the driver or the person responsible for the cargo remains liable together with the owner of the cargo and the Consignor/Sender (if different from the driver) for damages to the company and third parties resulting from the failure to comply with these requirements. Under no circumstances is the Company liable for loss and/or damage to the cargo and/or the vehicle/container resulting from lack or inadequacy or insufficiency of the mounting, closure or coverage, as well as the overloading of the vehicle/container, with overloaded vehicles and containers travelling at the sole risk and danger of the Consignor, and are subject to a supplementary freight charge at current prices.
The vehicle, including any trailer and/or caravan, with what is contained therein, in the absence of a specific written declaration from the passenger, the driver or the person responsible for the cargo, is understood to be accepted by the Company, without a declaration of value: therefore, the Company's liability for loss and/or damage to the vehicle, without prejudice to the exemptions and deductibles referred to in Article 17, cannot exceed the legal limit.
it is compulsory to arrive at the vehicle loading area with the cargo arranged and properly secured on the vehicles themselves with the diligence and prerequisites required by the type of goods and the characteristics of the vehicle, all according to suitable criteria for sea transport;
The passenger, the driver or the person responsible for the cargo is solely responsible for any damage to his or her vehicle, the goods and baggage contained therein, to his or her own person, as well as to the persons present in the vehicle.
The passenger, the driver or the person responsible for the cargo is solely responsible for any damage caused to third parties, their vehicles, goods and baggage.
The passenger, the driver or the person responsible for the cargo must show, at the time of presentation of the vehicles and containers, the transport document issued by the Company or its Agents, their own identification document, as well as all other documents required for transport, including customs documents.
The Company is not responsible for any missing baggage and/or personal items inside the vehicle.
The Company is not responsible for loss and/or damage arising from any other cause and/or determined to the vehicles or containers indicated herein and/or the goods there contained, by any other vehicle or container embarked on the same ship. It is understood that, in the event of a collapse of the cargo, the costs of reinstatement and any other necessary acts, shall be borne by the person responsible for the delivery, even if anticipated by the Company for reasons of safety.
The acceptance of embarkation by the ship's Captain does not imply any recognition of the accuracy and veracity of declarations made by the Consignors in the transport documents nor of the existence of the conditions set out in this document, with the consequent exclusion of any responsibility of the ship's Captain and for the Company, even against third parties, in relation to the declarations of the Consignors, the requirements of the vehicles and/or containers and the arrangement of the cargo.
The Consignor is, in any case, responsible for all damage to the ship and to third parties resulting from non-compliance with the above obligations referred to in this Article.
If the Consignee or Driver of the vehicles or containers who appears at the loading area is a person other than the Consignor indicated on the shipment document, the above Consignee or Driver shall sign the transport contract in the name and on behalf of the Consignor, as the authorised representative of the same.
Cargo delivery and storage
Upon arrival of the ship, the return of the vehicles and/or containers is effected subject to the presentation to the Company of the transport document (Interchange), which is duly signed for receipt.
The driver and/or receivers must promptly remove their vehicles and/or containers at the time in which the ship is ready for disembarking operations.
At the time of arrival, if the vehicles and/or containers have not been removed in a timely manner, the Company will always, at the expense, risk and responsibility of the Consignor and Receiver, move the vehicle and/or container on land and return it only after a refund for all expenses incurred for transport, unloading and disembarking operations.
In the event that, for any reason, the vehicles and/or containers cannot be returned to the Consignor and/or Receiver, the vehicles and/or containers may remain parked unattended at the risk of the Consignor and/or Receiver. The Company shall not be liable for damages and/or missing items with relation to the vehicles and/or containers and to the goods loaded and/or contained therein.
Delivery of vehicles and/or containers and their cargo must be effected (under specific contractual derogation - pursuant to Article 424 of the Italian Navigation Code) - for the carrier under the liability law referred to in Article 422 of the Italian Navigation Code, from the outset of the unloading operations, even if carried out by means of onboard equipment.
With reference to Milazzo/Aeolian Islands/Naples transport and vice versa, in the event that the vehicle is not collected promptly from the recipient at the port of disembarkation, the Company is irrevocably instructed and authorised by the Shipper/Sender, also pursuant to Article 450 of the Italian Navigation Code., to transport (at the sole risk and expense of the Consignor/Sender) the vehicle to the port of departure/origin of the trip (Milazzo) and to entrust it for delivery to an external company that will take care of its custody outside the port area and that will charge the Consignor/Sender/Receiver prices according to their own list.