General conditions for the carriage of passengers, their luggage and accompanying vehicles
1 - Definitions
By "passenger", it is intended any person transported on the basis of a travel ticket issued by the carrier and/or authorised agencies.
"Vehicle" is understood as any vehicle used by a passenger and not used for carriage of goods. Also included under the definition of a vehicle is any trailer and/or caravan, even if subject to different prices due to their greater bulk.
"Carrier" and/or "Agency" and/or "Company" means New TTTLines S.r.l., hereinafter also "New TTTLines".
The Carrier undertakes to carry the passenger and the vehicle/s the following general terms and conditions of carriage that are properly advertised at all authorised ticket offices, at the "Carrier" headquarters, and onboard the ships, and which can be consulted on the carontetourist.it website and are, in any case, reported on the back of the travel ticket and therefore the purchase and/or possession of the ticket includes the knowledge and acceptance by the passenger of their content.
2 - Transport and validity regulations
The subject of the contract is the provision of the transport service as governed by Article 396 et seq. of the Maritime Code, as well as by Regulation CE/392/2009 and the EU/1177/2010. The Carrier shall not be liable for any damage caused to the passenger by delay or failure to carry out the execution of carriage whereby such an event is caused by accident, force majeure, adverse weather conditions, strikes and technical failures due to the constraints of force majeure. For the liability regime in respect of the transport of passengers, vehicles and that not covered by these general conditions, express reference is made to the provisions in force under the Italian Maritime Code and the Regulation EU/1177/2010 and, thereafter, the Italian Civil Code. The transit ticket is personal, non-assignable and non-transferable, and is valid only for the transportation indicated therein. The ticket must be diligently kept by the passenger and must be exhibited at the request of the Company's personnel. Any persons not in possession of a ticket must promptly inform the Commander and/or the Commissioner on board. Failure to do so will result in being required to pay double the fare for the journey to the destination or disembarkation port, in addition to any compensation for damages. It is the customer's responsibility to ensure that the details of the reservation purchased correspond to their needs. Should this not be the case, the carrier is not responsible for any errors. Passengers who hold a prepaid reservation who are present at the embarkation point with an accompanying vehicle that does not correspond to one of the aforementioned types and/or that reserved will be required to pay the relative price difference with regards to the actual type of the vehicle to be taken aboard in addition to a penalty of € 20.00 whereby the new vehicle to be embarked falls into a passenger vehicle category (vehicle <4 m, vehicle >4 m, vehicle >1.80 m in height, minibus, caravan). This procedure shall in no way compromise the right to take advantage of the onboard arrangements already purchased and listed on the ticket. It is the customer's responsibility to ensure that the details of the reservation purchased correspond to their needs. Should this not be the case, the carrier is not responsible for any errors.
3 - Price of passage
The price indicated on the ticket is that of the carrier's tariff in force on the date of issue of the ticket. From the moment the ticket is issued, the Company still has the right to modify the ticket price in the event of increased fuel costs or port charges and fees. The price indicated on the travel ticket does not include the provision of food and beverages on board, which remain the responsibility of the passenger. Meals may be consumed in the restaurant or self-service areas. Any eventual boarding and disembarking fees, where applicable, are expressly indicated on the ticket. In order to qualify for the price reduction applied to these, residents will have to produce, at the time of the booking/purchasing the ticket, the appropriate documentation required for this purpose and they will have to check-in at the ticket office at the port of departure. Tickets purchased directly from the port ticket office may include the payment of a supplement for the use of the ticket office in the embarkation area. To the price of the ticket, booking fees are applied at a cost up to € 4.00 per passenger (per transaction and per trip). All special and/or promotional tariffs are available until all dedicated places have been booked and are automatically offered by the booking system. The application of special and/or promotional tariffs will depend on the date of booking and/or departure, on the number of passengers, the chosen arrangement and the booking channel used, and is subject to the availability of places at the time of booking. The reservations obtained at special or promotional tariffs may only be modified if they include the Flexibility Option and cannot be cancelled or reimbursed. The Flexibility Option will not release the customer from paying any price differences resulting from the variation requested.
Passengers in possession of a ticket purchased with a reduction agreement will be required to 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. 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 Terms and Conditions of Carriage shall result in the cancellation of the reservation and the consequent right to board. As a result, the passenger must unavoidably purchase a new ticket, paying the fares in force at the time of purchase. The passenger may request to have the Company refund the unused ticket, which will incur a 25% penalty. The promotions are not cumulative, nor can they be applied to a ticket with other discounts.
4 - Presentation for embarkation
Unless otherwise modified in writing, the boarding time is two hours prior to the scheduled departure time of the vessel for passengers with accompanying vehicles, whilst it is one hour for passengers without accompanying vehicles.
Passengers who do not arrive at the time set for embarkation will not be guaranteed the possibility of boarding and there will be no refund or any form of compensation.
5 - Cancellation and refunds
Except as laid out in Article 400 of the Maritime Law, the Company grants to the passenger who does not intend to or can no longer depart, to provide partial reimbursement of the travel price. In this case, the passenger must give written notice to the office in Messina by faxing +39 090.53416 or emailing: servizioclienti@tttlines.com (for private customers) and agenzie@tttlines.com (only for bookings purchased through travel agencies). The communication must be sent by the passenger either directly or through their travel agency, if the ticket was purchased from the travel agent.
The request to cancel a reservation must be received no later than 24 business hours before the date of departure of the vessel reserved. The request to cancel a reservation cannot be sent on Saturdays, Sundays or public holidays, and must be received by the Company during the operating hours of the designated offices (Monday to Friday from 9:00 am to 5:00 pm). Communications that do not respect the stated times will be logged on the date of the first business day (e.g., a request sent at 10:45 pm on Friday will be registered with the date of the following Monday), in which case, however, the penalties will be applied in relation to the actual date of sending the request, provided that the request is not received in the same 24 hour period coincident with the date of departure on the ticket.
Requests for refunds that are sent after the departure of the booked vessel will not be considered, as no refund is due.
The fees for cancelling a reservation are as follows:
20% in case of a request sent within 10 (ten) days prior to the departure date shown on the ticket;
30% in the case of a request lodged within a period of 9 (nine) and 3 (three) days prior to the date of departure shown on the ticket;
50% in the case of a request sent 2 (two) days prior to the departure date shown on the ticket;
75% in the case of a request sent 1 (one) day prior to the departure date shown on the ticket;
100% in case of a request sent in the 24 hours prior to or after the departure date shown on the ticket.
The penalties determined for the cancellation of a booking that has already been changed, will be based on the date of the original reservation.
Reservations purchased at promotional rates with limited availability cannot be cancelled and refunded.
For the calculation of the refund, the reference will be made to date of the cancellation request (confirmed by receipt). No refund is due to those who cancel on the same day as departure and who are not present within the boarding time without prior notification being sent to the Company regarding the occurrence of any of the circumstances set forth in Article 400 of the Maritime Code, nor to those who communicate partial cancellations only at the check-in for boarding.
6 - Variations
The variation of a reservation (except whereby variation is related to the names of the passengers or the license plate of the vehicle) shall include the following penalties:
€ 10.00 fixed penalty for changes of any nature that will result in a difference equal to or less than zero (in favour of the customer);
100% penalty if the change is made on the same day as the departure;
100% penalty if the change is made to a ticket falling under a category with restricted availability.
Any reduction in the amount of the ticket will be reimbursed, deducting the penalties provided in aforementioned Article 5.
Modifications and variations are effectuated subject to availability and, in the event of cancellation with a refund, the penalties and conditions of Article 5 apply.
Tickets issued with special tariffs will be subject to the integration of the price whereby the new date or type of transport does not fall under the same special offer.
7 - Early/delayed departure/arrival - Cancellation of departure - Route changes
Before departure, the passenger is required to verify that no changes have been made to the vessel and the time indicated on the ticket. In any case, the cancellation, delayed or cancelled departure are governed respectively by Articles 403, 404 and 405 of the Maritime Code or by Regulation EU/1177/2010, which can be seen on the carontetourist.it website and at the port ticket offices and from the ship's Command.
Arrival times, where foreseen, are to be considered as indicative and may be subject to changes due to weather conditions, port traffic, manoeuvres, and restrictions imposed by the competent authorities or other persons not attributable to the Company.
The Commander has the complete right to rescue persons whose life is at risk or to assist other ships that are in danger and to adjust or deviate from the ordinary route in any direction in relation to the marine weather conditions for navigation safety.
Any resulting delay in arrival and/or modification to the itinerary, therefore, shall not involve any liability to the Carrier.
8 - Boarding and disembarking of vehicles
Vehicles will be called for embarkation in the order determined by the Commander of the ship and/or their auxiliaries and officers. Vehicles fuelled with liquid gas must be declared at the time of booking and boarding. The electrical alarm and antitheft systems must be switched off when boarding. Vehicle embarkation operations, including arrangement on board, landing operations, and possible transfer of the vehicle to/from the parking area to the ship and/or the transfer of the vehicle from the ship to the parking area are always carried out under the exclusive care, risk and liability of the passenger who, upon completion of the embarkation operations, must always activate the parking brake, engage the gear, turn off the vehicle's lights and make sure that the car doors and luggage compartment are properly closed, so as to not facilitate the loss of any baggage and/or personal belongings within the vehicle.
The passenger is also solely responsible for any eventual damage to third parties, their vehicles, goods and luggage. Any damage to the vehicle or any other damaging event that occurs during transport must be declared - at the risk of forfeiture - before 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 Commander 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 Commander in service, the Company cannot accept any complaints regarding claims on board ships and/or within the areas under its jurisdiction.
9 - Conduct of the passenger
The passenger must observe the provisions of the Italian and foreign law as well as the provisions of the ship's Commander, and of this current regulation of the Company, which the passenger takes into account, accepting the contents when purchasing the ticket and which, in any case, can be consulted on the Company's website carontetourist.it or at all its ticket offices. In addition, the passenger is directly liable to the Company for any offense, harassment, fines and expenses incurred, owing to their actions, by the Port Authority, Customs, Health and/or any other Authority of any other country. Children under the age of 18 to 14 years of age can also travel unaccompanied, under the responsibility of persons exercising parental authority, whilst those under 14 years must travel accompanied by adult passengers and have the same onboard arrangements and be kept under the surveillance of the parents and/or persons responsible. In the event of an emergency, passengers must make themselves available to the Commander 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 luggage inspection and/or requested to submit identification to the ship's Officers.
10 - Psychophysical conditions of the passenger
The Commander has the power to refuse passage to anyone who, in his or her opinion, is in a physical or mental condition such that he or she cannot face the journey or to anyone who is found to be, due to the use of narcotics, hallucinogenic and/or alcohol, dangerous to other passengers and to 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 Company's acceptance of the passenger on board shall not be considered as a waiver of the Company's right to file any claim for damages sustained by the Carrier. 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 New TTTLines and all its personnel from any liability.
11 - Passengers with disabilities/persons with reduced mobility
In compliance with the regulations in force, the ship is fitted with a limited number of cabins suitable for disabled persons.
The Carrier accepts reservations for persons with disabilities and reduced mobility under the same conditions applicable to all other passengers.
In accordance with the Regulation EU/1177/2010, it is the responsibility of the disabled person and of the person with reduced mobility to report in writing, upon booking or at the time of advanced ticket purchase, their specific requirements for accommodation, for a place to be seated, the services requested or the need to transport medical devices. For any other type of assistance, they must also electronically inform the Carrier or operator of the terminal at least 48 hours prior and be present at a designated meeting point at least 60 minutes prior to departure.
The Carrier may refuse to accept a reservation, to issue a ticket or to board a person who is disabled or has reduced mobility for the purpose of complying with applicable safety requirements established by international, European or national law or for the purpose of compliance with the safety obligations established by the competent Authorities, or where the design of the port renders it impossible to embark, disembark or travel in safe conditions. In such a case, the Carrier shall inform the person who is disabled or has reduced mobility and will reimburse the ticket issued.
If strictly necessary, the Carrier may require that a person with reduced mobility be accompanied by another person who can provide assistance. Without prejudice to the rights under Regulation EU/1177/2010, in the event of loss or damage to mobility aids or other specific equipment used by a passenger with reduced mobility, the compensation corresponds to the replacement value of the equipment in question or, where appropriate, to the cost of repairs.
12 - Explosive, flammable and hazardous materials
It is strictly forbidden for passengers to include in their luggage or property 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 load or the safety of the other passengers and of the crew members.
In the event of a breach of this prohibition, the Commander is authorised to seize or destroy such substances without the passenger being able to claim any compensation. In addition, the passenger will be responsible for the consequences of violating this prohibition.
13 - Weapons
At the time of boarding, the passenger is obliged to hand over to the Commander all melee weapons and/or firearms in his or her possession. In the case of non-compliance, the offenders will be subject to the confiscation of weapons and referral to the competent judicial authority.
14 - 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 Commissioner on board, who shall issue a receipt for this envelope without checking its contents.
It remains, in any case, agreed that even for luggage and items not handed over to the Carrier, the responsibility of the Carrier is limited as per the law.
15 - Loss of and/or damage to luggage, personal effects and vehicles
The loss of and/or damage to luggage and other personal effects or of the vehicle accompanying the passenger must be declared by the passenger to the Command of the ship or the officers and/or agents of the Company at the port of disembarking - at the risk of forfeiture - at the time of restitution whereby it concerns apparent loss or damage, or within three days from restitution if it concerns non-apparent loss or damage.
For luggage and items not delivered by the passenger to the Carrier, the latter is not liable for loss and/or damage unless the passenger proves that they have been determined by causes attributable to the Carrier directly. The Carrier shall not be liable for damages and/or breakdowns attributable to vandalism by third parties.
For luggage, however, delivered to the Carrier, the liability of the latter is governed by Article 412 of the Maritime Code or by Regulation EC/392/2009, except in the case whereby the Carrier can prove that the loss and/or damage derives from a cause not attributable to them.
16 - Animals
The transport of small pets accompanying the passenger is permitted provided that they are accompanied by an anti-rabies vaccination certificate, where necessary, and that a suitable ticket has been purchased. In accordance with hygienic and sanitary regulations, pets - when accepted by the Company - must travel in the areas reserved for them, as it is strictly forbidden for passengers to keep animals in the cabins and in the common rooms (except in the cases whereby a pet cabin service is active).
Passengers are responsible for any damage caused to things or third parties by their pets.
The Carrier 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 embarkation and/or disembarkation.
17 - Arrangement on board
The passenger must occupy the place indicated on their ticket or, failing this, that assigned by the Commander or the Commissioner on board. The Company has the right to assign a place to the passenger that is different to that indicated in their ticket, whereby this meets specific technical requirements. If the assigned place is of a superior type, no price difference shall be required to be paid.
18 - Governing Law, Jurisdiction and Competent Court of Law
The contract of carriage for passengers, their baggage and vehicles to be followed is governed by and interpreted in accordance with Italian law. Any dispute concerning the validity and/or interpretation and/or execution of this contract is the sole responsibility of the Jurisdiction of Messina.
19 - Passenger information
In compliance with the Ministerial Decree no. n. 251/1999 on the transposition of the EEC Directive 98/41 of 18th June 1998 and the rules on the application of the ISPS Code on anti-terrorism regulations, 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). The personal data collected pursuant to this regulatory provision shall be kept only for the time required for the purposes of the aforementioned decree and/or in compliance with Legislative Decree 196/2003.
