GENERAL CONDITIONS FOR THE CARRIAGE OF PASSENGERS AND ACCOMPANIED VEHICLES (01.04.2012)
GENERAL ASPECTS: The AFH S.p.a. company ( henceforth even only “ the Company”) undertakes the carriage of passengers, luggage and accompanied vehicles, in accordance with the present general conditions that are regarded as known and accepted by any person who purchases or makes use of the Company passage tickets. For matters not governed by the General Conditions , the carriage of passengers, luggage and vehicles is exclusively governed by the Italian law and by the international conventions relating ratified and enforced from Italy. Consequently, in this connection the Company liability for passengers injury and / or damages to / or loss of luggage and accompanied vehicles, is subjected to the Italian law restrictions and to the international conventions ratified and enacted by Italy.
VALIDITY: The passage ticket is personal, it is not transferable and it is valid only for the specified carriage . The passenger is required to keep carefully the contract/ticket in order to justify the right to travel and to show it in case of any ship’s officer or any company official request. In the case of passenger devoid of the ticket, he must give immediate notice to the Master or Purser. In default, he shall pay the double of the price of the passage to the port of destination, apart from the compensation for damage.
FARES: the price of the passage ticket is the rate of the carrier in force at the date of issue. Price of the ticket is inclusive of sea passage. Cancellation expenses, booking fees or departure date changing fees requested by Travel Agencies, are not included. The price of meals is not included in the passage fare and must be settled directly on board. Taxes, expenses and dues for embarkation and landing of the passengers and / or their vehicles would be normally charged in the ticket under a separate heading.
REDUCTIONS : Reductions on a normal passage fare must be applied before the issue of the ticket upon presentation of documentary evidence. The reductions granted by the Company are officially published in the brochures printed and regularly distributed.
OPEN DATE TICKETS: Open date tickets are valid six months from the date of issue. Confirmation of the booking and the relative seat assignment should be made well in advance. In any case, allocation of accommodation on board is subject to availability at time of booking. Any difference of fare must be settled before departure.
LOST TICKETS: The loss or the theft of a travel share must be promptly notified to the Port Agencies that will provide for its standstill. In case of theft, the departure day, passenger will obtain at the embarkation terminal, against report presentation issued by the competent authority, a duplicate of ticket without further payment of the rate. In case that a passenger after the theft renounces a travel, the ticket reimbursement shall be requested to the company within 180 days. In case of loss, the day of the departure, the passenger paying once again the total amount of ticket could obtain, at the embarkation terminal, a duplicate of the original ticket utilizing the same previous accommodations. In case that after 180 days lost ticket result not used, the Company will carry on with reimbursement.
CANCELLATION FEES, DOWN-GRADING AND REFUNDS: The cancellation and down-grading of a confirmed booking is liable to the following penalties:
- starting from the day after the ticket issuing date and up to seven days before the date of departure 10% of the passage fare;
- from 6 days up to one day prior the date of departure : 25% of the passage fare
- the same day of departure: 50% of the passage fare.
No refund will be granted, even partial one, to those passengers that will show up at the embarkation desk without previous notice of cancellation or in any case don’t get on board the ship. They also have to pay the complete fare in case they did not pay it before. Penalties will be calculated on the total price of Passengers, booked vehicles and taxes concerned. Date and hour of cancellation must be noted on ticket by the Company or by the Travel Agency during its issuing. Terms calculation shall run from the day after the cancellation date including the date of departure. No refund will be granted to those passengers that cancel less than two hours before the scheduled departure, and to those passengers that don’t show up at the check-in time limit without giving previous communication to the Company about one of the circumstances provided for art. 400 of naval code, as well as those who communicate partial cancellation only at the embarkation check-in. Penalty more expensive will be applied in case of cancellation of ticket already modified, depending on the date of the changes. Tickets are refunded exclusively in the Country of issue and by the issuing office and under the condition that the date of cancellation results recorded in the electronic procedure or confirmed in writing by stamp and signature of the Port Agency. Tickets with “ open date” will be refunded in terms of validity with penalty of 10%.
CHECK–IN AND EMBARKATION: Timetables and itineraries printed in official brochures might be changed without notice. Before departure, all passengers are due to check timetables and itineraries of the booked voyage with the Head Office of the Company or the Agency in the port of embarkation or on the Company’s website. The Company has the right to suppress the announced departure, to add or to omit the stops, to start the travel by a different port instead of this already scheduled, to advance or delay departure time in case of necessity / justified reasons and /or of force majeur. In the case that departure will be delayed for more than 12 hours after the fixed time, passenger will have the right to terminate the contract, obtaining the price refund, concerning the passage any unused.( net of agency commission) The master of the ship has full power, to the extent provided by the Navigation Code and to the extent of necessity and / or force majeure, to proceed without pilot, tow and assist other vessels in any circumstances, to deviate from the standard route in any other direction, for any distance and any order due to his duties as commander, as required by the Code of navigation and by the International Conventions, and in this sense, to touch any port whether or not on the route of the ship, even on contrary direction or beyond the usual route, that is receding or advancing one or more times, to transfer passenger and vehicle on other different ship, or on other means of transport, belonging or not to the company, to the port of destination. Departure and arrival time reported by the company have to be considered “pilot/pilot” Arrival time, if specified on the ticket or communicated by the Company is only indicative and the carrier is not responsible for delay due to unforeseeable circumstances and force majeure; more precisely the career disclaims any liability for damages caused to passenger in the case of an accidental event caused by force majeure, adverse sea conditions, strikers, technical failures or other causes in compliance with the art. 402,403,404,408 of Navigation Code. Although in possession of the passage ticket, passengers must not get on board the vessel directly, but check in before embarkation at the maritime station al least three hours before the departure ( valid also for groups). Failure to comply with the above, as well as undue delay of passengers may result in the cancellation of the reservation and reallocation of the accommodations to “stand by” passengers. Before boarding, all passengers must collect at the check-in Desk a boarding card to be eventually stamped in Border Police Office. All passengers must be in possession of a valid passport or equivalent document of expatriation, with the needed visas and the international certificates of vaccination when required.
LOADING / UNLOADING VEHICLES: All vehicles are considered “ not used to transport goods”. Length of vehicles must be considered overall length, included hooks drawbars etc. Campers, trailers, jeep or any vehicle higher more than m. 1,80, must be reported during the reservation and noted on the ticket. The failure to comply may void the booking cancellation and the consequent denied boarding, the automatic insertion on the waiting list of the day and the embarkation on the ship will be authorized only provided that garage is available and the money difference has been paid. Vehicles will be embarked under the order determined by the Commander. Vehicles embarkation, also includes their accommodation ( engine lights and alarm system must be switched off , it must be left in first gear and with the hand brake on. The unloading operations and transfers are by risk and responsibility of the passenger, even when receiving advice ploy by the crew Passenger is also totally liable for eventual damages of his own vehicle, goods and properties contained therein and for eventual damages caused to others ( vehicles, goods and properties). Vehicle including trailer or caravan is accepted by the vector as a single loading unit without declaration of value. Therefore eventual vector responsibility for vehicle loss or damages can not exceed the limit laid down in art. 423, except for eventual hypothesis of responsibility due to intent or gross neglicence. Passenger who wants to declare the value of the accompanied vehicle, will formalize it in writing before the reservation, the cost of the transport will be different depending on the declared value.
RULES FOR THE PASSENGER: Passenger is obliged to comply with the requirements of the Italian and foreign laws and the eventual rules of the Company regarding the passage contract. Moreover Passenger responds directly to the Company of fines, harassments, expenses to which the Company is subject to the Port Authority, Custom Authority, Health Authority, and / or any other Authority of any other country. It is agreed that children must be kept under control by their parents and / or tutors and can not move the ship without being accompanied. In case of emergency passengers should make themselves available to the commander and must follow the orders received. Passengers before boarding, must check their documents with Police Authority, in order to ensure that they will be eligible to enter the country of disembarkation. Company will not refund passengers with not suitable documents. The Company reserves the right to take action against the passenger for eventual costs or penalties.
MEDICAL CONDITION PASSENGER: The Commander has the power to refuse the passage to anyone not in physical or psychological conditions for the journey, or to anyone dangerous for the other passengers or for drug, hallucinogens, alcohol abuse, illness, disease. In all this cases passenger will not be entitled of compensation for damages and he will considered responsible for damages to the ship, and all facilities and equipments. The acceptance of passenger on board by the Company will not be considered as waiver of any right to assert in future its reserves on the passenger conditions, known or unknown by the Company at the moment of embarkation and / or departure of the vessel. In the case the mentioned state of passenger be established during navigation, the master of the ship will take the measures provided for by law.
PREGNANT WOMEN: The ships are not equipped to care for pregnancy and childbirth so are not accepted passenger that have reached at the departure date the 24th week of pregnancy. Passengers who did not reach this time can embark if in possess of medical certificate issued not later than 72 hours before departure, expressly authorizing the trip. The certificate must be submitted compulsorily to the ship’s officer. Boarding involves acceptance by the passenger of the risks connected with the lack of specialist care and appropriate structures in order to handle emergencies with difficulties to the external assistance access, with result to the exoneration of any liability by AFH S.p.a. and all its staff. and referral to the competent judicial authority.
LUGGAGE: The passage fare includes an allowance of 75 kg of baggage per person : passengers are allowed to carry their hand baggage to their assigned locations at their own care. The Company liability is removed from money or valuables left inside the car or in the cabin. Valuables may be deposited without any charge with the reception of the Information desk of the ferry or with the checkroom by paying the relevant fare, or delivered in a sealed envelope to the Purser who will issue a receipt. Where it is established that in the luggage not delivered to the vector are contained objects not of personal use, passenger will pay triple the price of the standard transport in addition to the compensation for the price. Responsibility of the vector is limited to the maximum amount resulting from the written statement of the passenger. Otherwise will be applied the limit of art. 412.
LOSS OF AND / OR DAMAGE TO BAGGAGE AND PERSONAL EFFECTS OR VEHICLE: Loss of and / or damage to baggage and other personal effects or the accompanied vehicle must be made to state to the ship’s captain control or at the port of landing, within 3 days of the delivery in case of loss or damage not apparent. For luggages and objects not delivered to the vector, the latter is not liable for loss or damages. Anyway the vector is not liable for damages and failures due to vandalism.
ACCOMODATION: passenger will occupy the place shown by the ticket and in the absence of it that indicated by the Master or by the Purser. The Company, in case of necessity, has the power to allocate the passenger to a different place. If place the assigned was of higher type no fare difference will be requested, while if the new allocation is lower, the difference paid will be granted to the passenger. Cabins must be vacated al least two hours before the departure
DOGS AND CATS: Domestic animals, dogs and cats transport is free. Dogs must be provided with muzzles and will be kept in the ship’s kennel. Cats or other domestic animals will be carried in baskets or cages. The feeding of the animals is at owners care. Animals must be equipped with valid international health certificate. Passengers are responsible for any damage caused to property or third parties by their animals. The carrier disclaims any liability for any possible seizure or killing of animals by the Health Autorities of the port of embarkation / disembarkation, as well as for damage to animals, for their escape, loss or death occurred during the transport or during embarkation / disembarkation, excepted in case of fraud and / or faults attributable to the carrier. Passenger however is required to assume a proper and intelligent behavior in order to avoid and prevent such problems.
APPLICABLE LAW AND JURISDICTION: The contract of carriage governed by the present general conditions is subject to Italian jurisdiction and it is governed by the Italian law. Passengers agree the exclusive jurisdiction of the Court of Ancona, for any claim or dispute concerning the validity, interpretation, performance and ending of the present contract.
INFORMATION ON PASSENGERS DETAILS: The passenger is obliged to give the following details, name, surname, sex and age. All passengers boarding are required to communicate to the Company, eventual information about special care or assistance in case of emergency. Passengers who require boarding assistance ( people with limited mobility) are required to present himself for boarding well in advance highlighting these requirement to the Shore personnel and / or officers on board. The passenger is obliged to communicate any changes on his personal details if different from the date of the reservation to the date of departure. Personal data are collected under the Decree Law 251/99 to the implementation of the EC Directive 98/41 of 18.06.98 and the regulations relating to the implementation of the ISPS code, on the anti-terrorist legislation, as well as in compliance with the provisions of D.L. 196/03.