Conditions of carriage

“Passenger” means any person transported on the basis of a tickets by the Company and/or agencies authorised to do so.

“Company” or “Carrier” means the company Maddalena Lines S.r.l. that performs the transporting whose details are indicated in the transport contract.

“Ticket”, “Passenger Ticket”, “Travel Document” or “Transport Contract” means the document valid for boarding, whether it is a ticket for passengers with or without accompanying vehicle or a bill of lading for commercial vehicles.

“Open Ticket” means a travel document that does not show a specific departure time.

“Consignor” means those who request embarkation, the presenter of a vehicle upon embarkation, the driver, the Shipper of the container and is also considered to be the regarded as the delegate of the receiver at the port of disembarkation;

The words “container” include any container, case, transportable tank, wooden pallet or any other means used to consolidate and transport the goods.

The Company undertakes to transport the passenger and the accompanying vehicle(s) under the following general transport conditions which are adequately advertised at all authorised ticket offices, at the Company’s offices, and on board the ship(s), and which are available on the carontetourist.it website and, therefore, the purchase and/or possession of the ticket implies the passenger’s knowledge and acceptance of their content.

In order to travel on the Company’s ships, each passenger must first have a regular passenger ticket (or equivalent travel document), to be purchased from all sales channels authorised for the service. The mere purchase and use of the ticket implies unreserved acceptance of these General Transport Conditions. The ticket must be diligently kept and shown – before boarding or upon request – by the supervisory staff. The ticket must always be obliterated physically or digitally) by the staff in charge of which the passenger is required to present the travel document, whether printed or digital. Tickets that have not header and are therefore not named, in case of loss can not be refunded or reissued.

Passenger season tickets, where applicable, are personal, non-transferable and must be diligently kept by the passenger and shown – prior to boarding or upon request – to the supervisory staff. In order to ascertain the identity of the holder, the staff in charge may ask the passenger to show an identification document together with the season ticket. The use of the passenger season tickets is subject to these general transport conditions, in addition to those stated in the season ticket, all of witch are understood to be known and accepted by the passenger.

In accordance with Article 399 of the Navigation Code, any passenger on board the ship who is found to be without a regular ticket and who has not immediately notified the ship’s Captain, shall be required to pay double the full price of the ticket, without prejudice to the Company’s right to damages.

Passengers in possession of a ticket without any relative obliteration is required to pay double the amount of the full-price ticket, without prejudice to the Company’s right to damages.

In case of loss, destruction or theft of the ticket, a new ticket must be purchased to gain access on board.

In the event of loss, destruction or theft of the seasonal ticket a new ticket must be purchased to gain access on board and the seasonal tickets holder must immediately file a complaint with the competent authorities in order to avoid the occurred of fraud to the detriment of the Company.

It is specified that, on the Maddalena – Palau line passengers with a vehicle, with a regular ticket or equivalent travel document, have the right to embark – in the order that will be determined by the Captain and/or their representatives – in advance of passengers without a vehicle, who can embark only after the vehicles have finished embarking, and, in any case, until the maximum number of passengers transportable by the ship according to law is reached.

Invoicing

Pursuant to Article 22 of Italian Presidential Decree 633 of 26 October 1972 and subsequent amendments, ticket invoices can only be requested at the time of purchase of the travel document and before it is issued.

The price indicated on the ticket is that in effect on the date of its issue.

In the price listed in the passenger ticket does not include the provision of food and beverages on board, which remain the responsibility of the passenger. Meals can be consumed, subject to payment, at the restaurant and/or self-service facilities. Any embarkation and disembarkation fees, where applicable, are explicitly stated on the passenger ticket.

Tickets purchased directly at the ticket offices of the port of embarkation may be subject to a surcharge.

All special and/or promotional prices are available until all dedicated seats are sold out and automatically proposed by the reservation system.

Passengers in possession of a pre-paid reservation who present themselves at the embarkation with a vehicle whose type does not correspond to that of the vehicle booked, are required to purchase a new ticket congruent with the transit vehicle.

Pursuant to Article 5 of these terms, any Consignor who does not present themselves in time at the time of departure of his/her own vehicles and/or containers and, in any event, has not embarked because of the Consignor themselves, is not entitled to any refund, even partial, of the price paid and is, in fact, obliged to complete the payment of the transport price if this has not already been paid in full and to compensate for any further damage.

Promotions and discounts

The application of special and/or promotional prices depends on the date of booking and/or departure, the number of passengers, the accomodation chosen, the booking channel used, and is subject to the availability of dedicated seats at the time of booking.

Passengers in possession of a ticket purchased with a reduction agreement must exhibit a copy of a document certifying their membership to the organisation/association (the number of which must be included on the purchased ticket) together with their own identity document and any additional document requested by the Company for the individual agreement, as it appears, on the official website of the Company. The member must be present on the passenger list of the booking with the agreed reduced rate. Failure to provide the required documentation and/or non-compliance with the General Transport Terms and Conditions shall result in the cancellation of the booking and the consequent right to embark. As a result, the passenger must unavoidably purchase a new ticket, paying the difference between the price of the agreed reduced fare and the price of the ordinary ticket according to the prices in force at the time of purchase.

The promotions are not cumulative, nor can they be applied to a ticket with other discounts.

The Company shall not be liable for any damage caused to the passenger by the delay or failure to carry out the transport, subject to the provisions of Article 18, 19 and 20 of the Regulation EU/1177/2010.

The Company has the right to cancel the announced departure, to add or omit stopovers, to start the trip from a port other than the one established, to change the itinerary, to assign the ship to another line, to advance or delay the date or time of departure (time, which in the case of open tickets, is merely indicative). The instruction for the ship for carrying out the transport is merely indicative, it being the Company’s right to replace it at any time with another ship, including with another carrier.

The Captain has the full right to proceed unmanned, to tow and assist other ships in any circumstance, to deviate from the ordinary route in any direction for any distance and also in relation to weather and sea conditions for maritime security. They also have the right to enter, both before and after departure, any port or ports that are or are not on the itinerary of the ship, even if in the opposite direction or beyond the usual route, either retreating or advancing in any order and for any purpose, one or more times, to transfer the passenger and the vehicle on any other ship or means of transport, belonging or not belonging to the Company, to the port of destination. In the event of a delay, the Company informs passengers of the expected time of departure and arrival as soon as this information is available. If passengers miss a connection due to a delay, the Company shall make reasonable efforts to inform the passengers concerned of alternative connections.

In any case, without prejudice to the foregoing, the cancellation of the trip, the delay and the interruption of the trip are governed exclusively by Regulation EU/1177/2010, which amends Regulation (EC) No 2006/2004 on the rights of passengers travelling by sea and inland waterways and by Italian Legislative Decree No 129 of 29 July 2015 “Rules on penalties for violations of the provisions of EU Regulation (1177/2010(EC) amending Regulation (EC) No 2006/2004 on the rights of passengers travelling by sea and inland waterways”, which can be viewed on the carontetourist.it website, at the ticket offices and on board the company ships, without prejudice only to the provisions of Article 405 of the Navigation Code with reference to the interruption of the trip.

Children under the age of 18 up to 12 years of age can also travel unaccompanied, under the responsibility of persons exercising parental authority, whilst those under 12 years must travel accompanied by adult passengers and be kept under the surveillance of the parents and/or guardians.

The drivers of the vehicles are called to embark in the order ordered by the Captain of the ship and/or their auxiliaries and officers.

The embarking operations for vehicles, including their placement in the assigned spot on board, the disembarking operations and the possible transfer of the vehicle from the parking place to the ship and/or the transfer of the vehicle from the ship to the parking place, are always to be carried out by the passenger at their exclusive care, risk and responsibility and upon completion of the embarking operations.

For the sake of their own safety, passengers are required to comply with the security provisions provided by means of signposts, audio messages, as well as what is directly communicated by the onboard personnel.

It is compulsory for the driver of the onboard vehicles, upon completion of the embarkation operations, to: engage a low gear and activate the parking brake, remove the keys from the ignition and turn off all electrical devices, turn off the alarm system, make sure that the car doors and baggage compartment are properly closed, so as to not to lead to the loss of any baggage and/or personal belongings within the vehicle.

It is also forbidden to travel within motor vehicles, campervans and coaches after boarding, for the entire duration of the trip and, in any case, until the ship has reached the port of disembarkation and the personnel on board have allowed passengers access to the local garage. It is also mandatory for all Camper and Caravan drivers to engage the gas shut-off valves and disconnect the electrical equipment.

It is mandatory to declare at the time of purchasing the ticket or to the Captain, or at the latest before embarkation, the transport of vehicles fuelled with GPL/methane or other gases.

It is mandatory to use for maritime transport, for the uniqueness of said transport, efficient vehicles throughout, especially with regard to the braking, rolling, suspension and, where provided, hoisting and height not exceeding 4.20 m from the ground.

Regarding the transport of commercial vehicles, the booking, the issuance of the transport document and the payment of the price do not constitute a commitment by the Company that the ship is ready to receive the vehicles and/or the containers or that the vehicles or containers have effectively embarked. Effectuating the embarkation depends on the Company’s requirements and safety on board, and any other reason that may prevent embarkation. In the event that embarking does not take place due to the Company, the Company is only required to return the freight charge or part thereof, and is not required to pay for any expenses or damages of any kind. The state in which the vehicle is left must comply with the procedures laid out by the Maritime Authority.

Tickets for the La Maddalena – Palau line can only be cancelled and refunded if purchased with the Flexibility Option added. hen purchasing a reservation, it is possible to include the Option Flexibility which grants the possibility of cancelling your ticket and receiving a full refund. Requests for cancellation of tickets covered by the Flexibility Option may be sent up to 72 working hours after be sent up to 72 working hours after the departure date shown on the ticket. The Flexibility Option is non-refundable. The Flexibility Option is the only available accessory that allows a ticket to be cancelled. In the case of tickets without the Flexibility Option, there is no possibility for requesting a refund. The price of the Flexibility Option is dynamic and variable up to maximum of 15 EUR per ticket.

The Captain has the right to refuse passage to anyone who, in the opinion of the Company itself, has physical or psychological conditions that do not allow them to cope with the trip. In such cases, the passenger is not entitled to claim for damages and is liable for damage caused to the ship, to all its fittings and equipment, to third parties, as well as to third-party property.

The Company’s acceptance of a passenger on board shall not be considered as a waiver of the Company’s right to subsequently declare its reservations regarding the conditions of the passenger, whether or not known by the Company at the time of embarkation and/or departure of the ship. The exercise of such discretion by the Captain and/or the Company shall be in accordance with the regulations in force and, with regards to persons with reduced mobility, in accordance with the provisions of Article 7 and 8 of the EU Regulation No 1177/2010.

The embarkation, time on board and disembarkation of passengers and vehicles are governed by the rules of law, the provisions of the ship’s Captain in relation to particular situations and the following provisions:

• Except as provided for in the second paragraph of Article 192 of the Navigation Code, boarding of passengers manifestly affected by serious illnesses or, in any event, being dangerous for the safety of navigation and for the safety of persons aboard, is conditional by the authorisations given by the competent Health Authorities;
• Even if there is no danger to the safety of navigation and the safety of persons aboard, the embarkation of passengers who are manifestly in a physical condition so as to advise against travelling by sea, is subject to obtaining medical certification authorising the effectuation of the trip, in the interest of the passengers themselves;
• Passengers in an evident state of agitation or in a clear and harassing state of drunkenness will not be allowed on board; The Captain has the right to refuse passage to anyone who, in their opinion, has physical or psychological conditions that do not allow them to cope with the trip or anyone who, due to the abuse of drugs, hallucinogens, and/or alcohol, poses a danger to other passengers and the safety of the ship. In such cases, the passenger will not be entitled to damages yet will be liable for any damages caused to the ship, all its fittings and equipment, for any delays to its departure, as well as damage to third parties or to the property of third parties.

The embarkation of a pregnant passenger involves their acceptance of risks such as the absence of onboard medical care or specialised medical assistance and facilities suitable for managing any pregnancy-related emergencies, as well as specificity of sea travel, both in reference to any weather conditions in the marine environment and the difficulty of access to external assistance, consequently waiving and exempting Cartour and all its personnel from any liability.

It is strictly forbidden for passengers to include in their baggage or property, placed in his/her own vehicles aboard, industrial waste or substances that are explosive and/or flammable or otherwise dangerous for the safety of the ship, the cargo or the safety of the other passengers and of the crew members. In the event of a violation of this prohibition, the Captain is authorised to seize or destroy such substances without the passenger being able to claim any compensation. In addition, the passenger is responsible for the consequences of violating this prohibition. The transport of flammable, explosive, corrosive and dangerous goods within commercial vehicles is permitted on ships that are authorised for such transport and, subject to the permissibility, in compliance with current regulations.

The driver is obliged to declare to the Company and/or its agents before embarkation, the existence of dangerous goods on board the vehicle and/or inside the container that must be presented for embarkation under the conditions prescribed by law.

The transport referred to in this article must, in any case, be submitted to the Company and the agent at the port of embarkation at least three working days prior. The motor vehicle owner is liable for damages and any problems that may result to the company and/or third parties from the untruthful or incorrect declarations regarding the quality of the transported goods. Embarkation is granted within the limits of the applicable law concerning this matter and must be expressly authorised in writing by the ship’s Captain that may arrange for the positioning of the vehicles and/or containers on the open deck.

To this end, the Consignor pre-emptively and expressly accepts the positioning of the vehicles on the open deck.

In the case of failure to provide notification, the Consignor shall be completely liable for any and all consequences resulting from such omission from the Company and third parties, in civil, criminal and administrative contexts.

The passenger must occupy the place indicated on their ticket or, failing this, that assigned by the Captain or the Commissioner on board. The Company has the right to assign a place to the passenger that is different to that indicated on their ticket, whereby this meets specific technical requirements. If the assigned place is of a superior type, no price difference is required.

Pursuant to Article 194 of the Code of Maritime Navigation, in conjunction with Article 384 of the Regulation for the execution of the Code of Navigation, the passenger is obliged to notify the crew of all firearms and/or sidearms in his possession, if allowed sidearms in his possession, if allowed to be transported.

The Captain may request the passenger to hand over any weapons in his possession during the entire duration of the trip. The Captain may request the passenger to stay inside his vehicle during the entire duration of the trip in order to monitor any weapons in possession. In the event of non-compliance, offenders are liable to confiscation of the weapons and referral to the competent judicial authority.

The transport contract for passengers, their baggage and vehicles to be followed is governed by and interpreted in accordance with Italian law.

For anything else not covered by these transport conditions, that laid out in the Navigation Code, EU Regulation 1177/2010 and other applicable laws prevails.

The Company, as Data Controller, undertakes to process the personal data, of which it becomes aware for the purposes and within the scope of the execution of the contract, in accordance with EU Regulation 2016/679.

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 by means of computer systems, suitable to guarantee its security and confidentiality; all as specifically reported by the Company in the privacy policy published on the website www.carontetourist.it.

On board the Company’s ships there is a summary of the provisions of Regulation (EU) No 1177/2010.

How to submit complaints

To submit any complaints pursuant to Article 25 of Regulation (EU) No 1177/2010, the following channels can be used:

• Through the website at www.carontetourist.it/en/claims;
• by email to the addresses given below;
• by registered letter to the addresses given below.

Maddalena Lines S.r.l.
Via Ing. Giuseppe Franza, 82, 98124 Messina, Italy

• reclami@carontetourist.it

Languages

The complaint can be submitted in either Italian or English. The Company ensures the response in the same language used by the customer.

Complaint form

Customers can submit complaints using a form available:

• in printable format, on the website, at wwww.carontetourist.it/en/claims;
• at the ticket offices;
• on board the company ships.

If the form above is not used, the complaint must contain the following minimum information given below:

• customer identification data (name, surname, address) and any representative, in this case, attaching the representative and an identity document of the customer;
• the identification data of the trip made (date, time of departure, origin and destination) and of the transport contract (booking code or ticket number);
• a description of the complaint, with respect to one or more requirements defined by European or national legislation, by the general transport terms and conditions, or by the customer service charter.

Terms

Pursuant to Article 24 of Regulation (EU) 1177/2010, the complaint must be sent within 2 (two) months of the date on which the service was provided or should have been provided.

Within 1 (one) month of receiving the complaint, the Company shall notify the customer that the complaint has been accepted, rejected, or is still under investigation. The final decision must be made within two months of the complaint being received.

No response

If the company fails to respond within the above deadlines, the customer can:

• make use of the conciliation service at the Messina Chamber of Commerce;
• If 60 (sixty) days have passed since the complained was submitted, recourse can be made to the Transport Regulation Authority, through the online submission of complaints system (SiTe) available on the Authority’s website, or using the form, which should be sent by registered mail to the address in via Nizza No 230, 10126 – Turin, or:
• by email to art@autorita-trasporti.it;
• by certified email to pec@autorita-trasporti.it.

Automatic compensation

The customer has the right to receive an automatic compensation, commensurate with the price of the ticket, referable to a transport service, not less than:

10%, for a response provided between the 61st (sixty-first) and 90th (ninetieth) day from the receipt of the complaint;

20% in the case of a response not provided within the 90th (ninetieth) day of the receipt of the complaint.

The compensation is not due in cases where:

• the amount is less than 6 euros;
• the complaint was not sent by the customer in the manner set out in this document, with the required minimum information and timescales;
• the customer has already been paid compensation, as referred to in the previous points, relating to a complaint concerning the same trip.

Passengers are responsible for any damage caused to things or persons by their pets.

The Company declines any responsibility for the seizure or removal of animals by the Health Authorities at the port of embarking/disembarking, as well as for the injury, loss or death of the animals during transport or during embarking and/or disembarking.

The transport of small pets is allowed, unless otherwise stipulated by law, provided that they are registered in the dog registry, have a certificate of good health issued by the veterinarian and all the necessary vaccinations, where appropriate, and provided that the related ticket has been purchased, if payment for the transport of the animal is foreseen from the Company’s price list.

In accordance with hygiene and health regulations, when pets are accepted by the Company, they must travel in the premises reserved for them (where the watercraft is provided), and passengers are absolutely prohibited from keeping them inside the cabins and/or in the ship lounges (except when the pet cabin service is available). Exceptions to the aforementioned rules are guide dogs accompanying blind passengers.

The embarkation of non-small-sized pets is subject to the final consent of the Captain of the ship.

Notwithstanding that stated prior and the sole responsibility of the passenger for damage to property or persons caused by the animals, in the case of permission to board, larger-size dogs must be fitted with a muzzle and a leash during the entire trip.

In any event, the transport of all pets (small or otherwise) is always at the sole risk of the passenger and/or their owner and their admission on board by the Captain does not constitute any liability on the part of the ship or the Company.

The Company provides its transport services to persons with disabilities and persons with reduced mobility (PRMs) under the same conditions applicable to all other passengers.

In accordance with EU Regulation 1177/2010, passengers with disabilities or reduced mobility are required to notify the Company in writing, at the time of booking or advance ticket purchase, of any specific needs regarding accommodation, seating, required services, or the need to carry medical equipment.

For any other type of assistance, PRMs must also inform the Company or the terminal operator electronically at least 48 hours in advance and must present themselves at the designated location at least 60 minutes before the scheduled departure.

In accordance with Article 8 of EU Regulation 1177/2010, the Company may refuse to accept a booking, issue a ticket, or allow boarding of a disabled person or PRM only where this is necessary to comply with applicable safety requirements established by international, European Union, or national legislation, or by competent authorities, or where the design of the port infrastructure makes it physically impossible to embark, disembark, or transport the person in safe conditions. In such cases, the Company shall inform the affected passenger and provide a refund if a ticket has already been issued.

Where provided and in accordance with the type of service, vessels are equipped with a limited number of cabins specifically designed for persons with disabilities, in compliance with applicable regulations.

All vessels are equipped to ensure full integration of PRMs into all passenger services, enabling safe, easy, and preferably autonomous boarding and disembarkation. Onboard facilities for PRM access and stay comply with the relevant technical standards and regulations (Legislative Decree 45/2000 and subsequent amendments, PRM Guidelines issued under Circular No. 10/SM, Prot. 151 of 04/01/2007 and subsequent amendments; EU Regulation 1177/2010).

With regard to the minimum characteristics of vessels and compliance with the minimum quality requirements (CMQ) for maritime cabotage services as defined by EU Regulation 1177/2010, the Company is prohibited from:

• Refusing a booking or failing to issue a ticket on the grounds of disability or reduced mobility;
• Denying boarding to a person with a disability or PRM, provided they hold a valid ticket or reservation.

Bookings and tickets for passengers with disabilities or PRMs are offered without any additional charge.
The Company is also required to cooperate with port management bodies to provide specific assistance to passengers with disabilities or PRMs, as follows:

• Assistance is provided on the condition that the request and the type of specific assistance required are communicated at least 48 (forty-eight) hours in advance to the Company, including through its sales network. If the ticket covers multiple journeys, a single notification is sufficient, provided adequate information is given about the schedule of subsequent journeys;
• The Company shall take all necessary measures to receive notifications concerning assistance requests from persons with disabilities or PRMs. This obligation applies to all sales channels, including telephone and internet sales;
• If no notification is made in accordance with point a), the Company will make all reasonable efforts to ensure that assistance is provided so that the passenger can board the departing service or disembark from the arriving service for which the ticket was purchased;
• Assistance is provided on the condition that the person with a disability or PRM presents themselves at the designated location at least 30 (thirty) minutes before the published departure time;
• If a person with a disability or PRM requires the presence of an assistance animal, such animal shall be accommodated, provided that prior notice is given to the Company, including through its sales network, in accordance with applicable rules concerning the carriage of recognized assistance animals on passenger ships.

Furthermore, the Company shall:

• Ensure that its staff are adequately trained to meet the needs of passengers with disabilities and PRMs, with a focus on assistance and disability awareness;
• Ensure that all new employees receive disability awareness training and that all staff undergo refresher training at appropriate intervals.

If wheelchairs, other mobility aids, or related equipment are lost or damaged during port handling or transport aboard the vessel, the Company will compensate the passenger and, where possible, promptly provide suitable replacement equipment.

For any matters not expressly covered in this article, reference should be made to the PRM Guidelines issued under Circular No. 10/SM, Prot. 151 of 04/01/2007 and subsequent amendments, EU Regulation 1177/2010 (as amended by Regulation (EC) No. 2006/2004), and Legislative Decree No. 129 of 29 July 2015, concerning sanctions for infringements of Regulation 1177/2010, available at www.caronteetourist.it.

The Carrier’s liability for loss and/or damage to property and/or persons is governed by the Navigation Code or EU Regulation No 392/2002, if applicable, depending on the classification of the ship pursuant to Directive 98/18/EC.

The Company is not liable for any loss and/or damage to vehicles and/or containers or to goods/merchandise contained therein, which may occur before and during boarding, aboard the ship, during the passage (except in the sole case of gross negligence by the Company), as well as during or after disembarking. Without prejudice to that stated above, the passenger must bring any damage to vehicles or the occurrence of any other damaging event during the transportation to the attention of the ship’s Captain or to the agents and/or the Officers on board – at the risk of forfeiture – prior to disembarking. To this end, the passenger must lodge a complaint with one of the officers on board, who shall supply the appropriate form, which must be signed by the passenger.

In the event of an accident on board, the passenger must in any case immediately report the incident to the Captain who, if necessary, will draw up a report to start the appropriate insurance procedure. Otherwise, and therefore in the absence of a report from the on duty Captain, the Company cannot accept any complaints regarding claims on board ships and/or within the areas under its jurisdiction. For baggage and items not delivered by the passenger to the Company, the latter is not responsible for the loss and/or damage, unless the passenger proves that they were caused in a way attributable to the Company itself.

The Company shall not be liable for damages and/or breakdowns attributable to acts or omissions of third parties. Subject to all applicable laws, the liability of the Company is in any case subject to a deductible of 330 units of currency in the event of damage to a vehicle and a deductible of 149 units of currency (per passenger) in the event of loss or damages to other items of baggage.

All valuables, jewellery, cash, credit cards, traveller’s cheques, etc., may be deposited in the appropriate security boxes on the ship or, in their absence, delivered in a close and sealed envelope to the Purser on board, who shall issue a receipt for this envelope without checking its contents.

In any event, it is agreed that, even for baggage and items not delivered to the Company, the latter’s liability is limited as per the law. No claim for compensation, loss or other damage suffered with regards to baggage will be allowed if the state of the same is not acknowledged upon arrival, in discussions with the Captain and does not prove to be legitimately reported.

The personal effects that, for the personal use of the passenger, are ordinarily carried in suitcases, travel bags, boxes and the like, are considered and allowed as baggage. If baggage items of a different nature are included, the passenger must double the fare price for the transport of these items, besides compensation for damages.

Sample products of business travellers up to a limit of 20 kg are also allowed as baggage. The Company shall not be liable for any theft of any items and/or baggage left unattended. As regards the liability of the Company, the rules laid down in Article 411 and 412 of the Navigation Code apply.

In compliance with the Ministerial Decree of 13 October 1999 on the transposition of the EEC Directive 98/41 of 18 June 1998 and the rules on the application of the ISPS Code on anti-terrorism regulations, where this is in force, all passengers are required to communicate at the time of booking and, at the time of purchasing the ticket, their personal details, being surname, first name or initial of the same, gender, age category (newborn, child, under 18 and above 14 years of age, adult), place and date of birth and a telephone number.

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 in 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.

On board the company ships it is absolutely forbidden to:

• uphold behaviours or attitudes that are or may be causing disturbance or harassment to other passengers;
• exercise the profession of seller, singer, player and similar on board and offer services or accompaniment to passengers without having received specific authorisation from the Company;
• use their own accommodation on board by modifying its specific purpose;
• smoke in the internal areas of the ship;
• open and close the portholes and windows, and tamper with furniture and equipment on board, for which passengers must exclusively refer to the ship’s personnel;
• transport letters and parcels subject to postal charges;
• throw objects of any kind into the sea.

The rights deriving from the transport contract for passengers and baggage are prescribed by the terms of Article 418 of the Navigation Code.

In any case, without prejudice to the terms outlined in the preceding point of this Article, a passenger who is liable for damages to his/her own person arising from occurrences from the time of embarkation until he/she has completed the disembarkation, must still be reported to the Captain prior to the completion of the disembarkation.