General Conditions for the Transport of Passengers
The purchase of a ticket implies unconditional acceptance for all the effects of law by the Passenger of all the following general conditions of passenger transport (CGTP).
• The term Passenger means any person transported based on a voyage ticket issued by the carrier and/or agencies authorised thereto. The term Carrier and/or Company shall refer to Grandi Navi Veloce SpA.
• The Object of the agreement is the provision of transport as regulated by articles 396 et seq. of the Navigation Code. The carrier undertakes to transport the passenger and the vehicle under the following conditions, which the Passenger undertakes to examine and observe in their entirety prior to the purchase and/or booking of the voyage ticket.
• The shipping transport service refers to the route indicated on the ticket inclusive of accommodation on board and potentially a vehicle.
• Any accessory services provided by the carrier do not form part of the agreement.
• The term shipping Carrier means the contracted carrier and the effective carrier. The ship used for the transport may form part of the GNV fleet or other carrier.
Art. 1 VALIDITY: the voyage ticket is personal, may not be transferred and is valid solely for the voyage indicated thereon. The Passenger is required carefully to retain the agreement/ticket to justify entitlement to travel and to exhibit it to any Officer of the Ship or personnel of the Company who may request it. If a Passenger loses the ticket he/she must give immediate notification of this to the Captain and/or the on-board Purser. Failing that he/she will be required to pay double the price of the voyage up to the destination port, which does not affect compensation of associated losses.
Art. 2 VOYAGE PRICE: the price indicated on the voyage ticket is the current tariff of the carrier in force on the date of issue. The tariff is not fixed and may be subject to increases or decreases. Discounts and specific reductions shall have no retrospective effect on tickets already issued.
Native/Resident tariffs are not available on all departures and accommodation. Quotations do not confirm the price and do not guarantee places on the ship. Unless specified otherwise, the price indicated in the voyage ticket does not include meals on board for which the Passenger remains liable. Meals may be consumed at the restaurant and/or self-service. The Passenger is liable for taxes and duties of embarkation and disembarkation, etc. where payable, as summarised on the travel ticket.
Issue fees are also due for each ticket, in the following amounts: for tickets issued via the website €2 (two euros), via the Contact Centre €4 (four euros), via GNV Ticket Offices €2 (two euros).
2.1 Where the Passenger purchases his/her voyage ticket via the ONLINE PURCHASE Web channel, the transport agreement shall only be considered concluded when the booking system has notified the booking reference number and the ticket number (failure to receive Internet Tickets does not affect the issue of a ticket previously confirmed on the screen).
Art. 3 ACCOMMODATION: The Passenger shall occupy the cabin/seat indicated in the ticket and where the ticket does not indicate any cabin/seat this will be indicated by the Captain or the on-board Purser. The Company, where necessary, has the option to designate the Passenger different accommodation. Where the assigned accommodation is of a superior type, no payment of the difference in tariff will be required, while for new accommodation of inferior type, the Passenger will be refunded the excess difference in price, which does not affect the Passenger's right to terminate the agreement according to law.
3.1.1 The accommodation (cabins and reclining chairs) must be vacated in advance of the ship's arrival time to allow for safe disembarking operations.
The methods and times of vacation of accommodation, as also indications of the muster stations in common areas, will be announced by the Ship's Command.
Art. 4 CAMPING ON BOARD: in certain marine weather conditions or under potential operating situations, the Company may decide to suspend the service, while providing passenger transportation with campers on the vehicle deck and passenger cabins without any extra charge. Connecting to the on-board electricity supply is not permitted while sailing.
Art. 5. ATTENDANCE FOR EMBARKATION (i) national and European community voyages – check-in time is two hours before the expected ship departure time for Passengers with vehicles, one hour for Passengers without vehicles; check-in time is 3 hours prior for Passengers with tickets for the on-board camper services; (ii) for extra – Schengen – voyages the check-in time is four hours before the expected ship departure time for Passengers with or without vehicles.
Passengers who have checked in must remain in the embarkation area.
Art. 6 FAILED DEPARTURE. Passengers who do not attend for check-in at the above time, or who do not board the ship indicated on the boarding card will not be entitled to any refund of the price paid and must instead complete payment of the price of the voyage if they have not paid in full.
No refunds will be made in the following cases: (i) embarkation refused for safety reasons, even if the Passenger attends within the above indicated times; (ii) if the Passenger holds documentation which is unsuitable for disembarking at the destination port; (iii) if the Passenger, after having checked in does not attend for embarkation at a suitable time; (iv) if the passenger is not indicated as the ticket holder.
Art. 7 CANCELLATION AND REFUND: cancellations must be notified by the Passenger to the Company directly or via the Travel agent within the terms reported below and with application of the following penalties: from the point of booking up to 20 days prior to departure 20%; from 19 days up to 4 days prior to departure 25%; from 3 days up to 2 hours prior to departure 50%. The above penalties apply on the total of the tariff for Passengers, booked vehicles and associated additional charges and taxes. The date and time of cancellation must be annotated on the ticket by the Company or by the Travel agent which issued the ticket. The calculation of the terms shall run from the day following the cancellation date and includes the departure date. No refund shall be paid for cancellations less than two hours prior to the expected departure, or to passengers not attending at the departure time without previously notifying the Company of one of the circumstances envisaged by art. 400 Nav. Code. In the case of cancellation of a ticket already amended the highest penalty calculated from the amendment date will apply. There is no option for partial cancellation of a ticket, therefore cancellation shall refer to the entire voyage.
Passengers are advised to take out insurance to cover the above cancellation penalties.
Art. 8 VARIATIONS: For changes to tickets a fixed fee in the amount of Euro 25.00 (twenty five/00) shall be payable, or an amount set in advance and published plus any tariff differences where the change is to a tariff greater than the original. Tickets issued at special return rates may be amended only by paying the fixed fee on both tickets. No variations are permitted at check-in. For all passenger tickets issued under particular and/or special conditions, no variations are permitted. Any change to tickets issued gives no entitlement to refund, while payment of the difference is due, where the change involves superior accommodation and/or a greater price.
Art. 9 EARLY/DELAYED DEPARTURES OR ARRIVALS – CANCELLATION OF DEPARTURES – CHANGES OF ITINERARY: the Passenger accepts, prior to departure, that changes can be made to the timetable reported on the voyage ticket. The Company, for situations envisaged by the Navigation Code and for situations of its own need and/or force majeure, has the option to cancel the indicated departure time, or to add or omit stopovers; to begin the voyage from a different port than expected, to designate the ship on another route, to advance or delay the departure date, to replace the ship making the transport.
9.1 Delayed departure. The Passenger is in any event guaranteed the rights and support set out by articles 16, 17 and 18 of EU Regulation no 1177/2010, without affecting the exemptions provided for by art. 20 of the same Regulation.
9.2 Delayed arrival at the destination port. The Passenger is in any event guaranteed the rights and support set out by articles 16, 17 and 18 of EU Regulation no 1177/2010, without affecting the exemptions provided for by art. 20 of the same Regulation.
• refund of 25% of the ticket price for a delay of at least:
i. two hours in a regular service of duration between four and eight hours inclusive;
ii. three hours in a regular service of duration between eight and twenty four hours inclusive;
iii. six hours in a regular service of greater than twenty four hours.
• If the delay exceeds double the time indicated above, the refund shall be 50% of the ticket price
9.3 In the event of cancellation of a voyage, or an extended delay, passengers shall be entitled to refreshments and meals depending on their waiting time. These provisions shall apply in relation to the anticipated length of the delay and the distance of the destination port. In addition, the carrier shall provide hotel accommodation (or accommodation on board a moored ship) if necessary, and transport from the port to the place of accommodation. Passengers will be informed by the carrier on preparations relating to acquiring refreshments, transport and hotel (or on board another ship) accommodation.
9.4 The Captain, for the situations envisaged by the Navigation Code and for situations of objective necessity and/or force majeure, has the option to proceed without a pilot, to tow and assist other ships in any situation, to deviate from the ordinary route in any direction, for whatever distance and whatever scope attributable to his/her duties as Captain, as also set out by the Navigation Code and International Conventions, and in the same sense to call at any port or ports which are on or are not on the ship's itinerary before and after departure, including if in a direction contrary to or beyond the usual route, whether forward or back, in any order, one or more times, or to transfer the Passenger and the vehicle onto any other ship or means of transport, belonging to the Company or not, heading for the destination port.
Art. 10 EMBARKING AND DISEMBARKING VEHICLES: vehicles will be called for embarkation in the order instructed by the Captain of the ship and/or his assistants and personnel. Vehicle embarkation operations, including their arrangement in the space assigned on board (each vehicle must be parked in gear and with the handbrake on), disembarking operations and any transfer of the vehicle from the parking space to the ship and/or any transfer of the vehicle from the ship to the parking space are always carried out at the Passenger's sole risk and liability, which does not affect any situations of proven fault by the ship. Passengers shall also remain solely liable for any damages to vehicles, goods and baggage contained therein, any personal damage and to the persons in the vehicle. Passengers are also solely liable for any damages caused to third parties, and their vehicles, goods and luggage (without affecting the provisions of Art. 412 Nav. Code). The vehicle, including any trailer and/or caravan, including contents, is accepted by the carrier as a single unit of cargo without declaration of value. Therefore any liabilities of the carrier through loss and/or damage to the vehicle may not exceed the limit provided for by Art. 423 of the Navigation Code, unless in the case of liability due to malice or gross misconduct. Passengers intending to declare the value of the vehicle must formalise it in writing before booking; the cost of transport of the vehicle will depend on the declared value.
10.1 When booking, Passengers must declare the (length and height; inclusive of luggage on the roof), the type of vehicle and plate; where the declarations do not correspond with the truth, payment of the associated tariff difference will be required and the fee for amending the ticket. The Company reserves the right not to embark vehicles not corresponding to values declared at booking in the event of lack of suitable space on the vehicle deck.
10.02 Vehicles running on LPG must be notified to staff upon embarkation. They will be parked in an ad hoc section on the ferry's vehicle deck.
Art. 11 PASSENGER RULES: the Passenger is required to observe all Italian and foreign laws and the CGTP published on the site www.gnv.it and also displayed at the GNV point of sale and the instructions given by the ship's captain. In addition, Passengers must respond directly to the Company for all contraventions, sanctions, fines and costs the Company is charged with by the ports, customs, health authorities and/or any other authority of any country. In the event of emergency Passengers must report to the Captain and Officers and must stringently follow the orders and instructions they are given.
The above does not affect GNV's right to report passengers who are responsible for the aforesaid conduct where such involves criminal or disciplinary contraventions, according to applicable regulations.
11.1. Passengers are also obliged to follow the instructions of the Carrier, which prohibit smoking in the ship's internal areas.
11.2 Passengers are required, at their own expense and responsibility, to verify their documents with the relevant Police Authorities before embarking to ensure that they are appropriate and valid for entry into the country of disembarkation. The company will not refund Passengers not authorised by the border police to embark or disembark through not having appropriate documents; the Company reserves the right to claim from the Passenger only costs and/or fines it may receive as a consequence of the above circumstances.
11.3 Passengers will respond for all damages however caused or for damages caused by persons or animals under their control, to the ship's furniture, its furnishings, equipment and accessories, as well as to other Passengers, the Carrier employees or other personnel.
11.4 Any passenger compromising the on-board safety of the voyage, disturbing other passengers and crew or acting in such a way as to cause them discomfort, impeding the crew in performing their tasks, failing to observe the instructions of the ship's captain and his/her appointees regarding appropriate conduct on board or compliance with procedures; may be subject to the measures necessary to prevent or limit such conduct, including by force within the limits allowed by law, and disembarkation or refusal of continuing transport.
Art 12 TRANSPORT OF UNACCOMPANIED MINORS Passengers aged less than 14 years may not travel alone. Passengers aged less than 14 years must be continually supervised by parents and/or adults who have them in their care and may not move around the ship without being accompanied. In no event will the Carrier be liable for damages occurring to minors in violation of the above.
12.1 Passengers aged between 14 and 18 inclusive may travel alone on the condition that they have written authorisation of the parent or guardian which releases the Carrier from any liability.
Art. 13 PASSENGER HEALTH CONDITIONS: The Captain has the facility to refuse transport to anyone who is, in the Company's judgement, in such a physical or mental condition as not to be able to undergo the voyage or to anyone who is through the abuse of drugs, hallucinogens, alcohol, disease or illness, dangerous to the other Passengers. In all the above cases the Passenger will not be entitled to compensation and will in turn be liable for damages caused to the ship, all of its fittings and equipment, and third parties and to the possessions of third parties. Acceptance of the Passenger on board by the Company shall not be considered as a waiver of any of its rights following potential violation of the conditions by the Passenger whether they were known or otherwise by the company on embarkation and/or departure of the ship.
Art. 14 PASSENGERS WITH SPECIAL REQUIREMENTS
The transport of Passengers with reduced mobility, disability, sickness or other persons who have specific support needs (for example passengers needing oxygen regulators and cylinders) must be notified, by sending documentation of confirmation) at least 48 hours prior to the anticipated departure by telephone by contacting the GNV Contact Centre on the number +39 010.2094591.
The carrier shall make disability cabins available where available. These cabins may be booked solely by contacting the GNV Contact Centre on the number +39 010.2094591.
14.1. PREGNANT WOMEN: For pregnancies without complications, following the sixth month of pregnancy, pregnant Passengers with a medical certificate confirming suitability for travelling by sea must present to the ship's officer when requested. All other pregnant Passengers must have a medical certificate authorising travel regardless of the month of pregnancy. Pursuant to art. 13 above the Captain shall have discretion in all cases.
Art. 15 EXPLOSIVES, INFLAMMABLE AND HAZARDOUS MATERIAL: Passengers are strictly prohibited from including industrial residues or explosive and/or inflammable substances or substances which are otherwise hazardous to the safety of the ship, the cargo or other Passengers and members of the crew in luggage or possessions kept on board vehicles. In the event of confirmed violation of this prohibition the Captain is authorised to confiscate or destroy such substances without the Passenger being able to claim any compensation. The Passenger will also be held liable for the consequences deriving from violation of this rule.
15.1 Lighting gas stoves, irons and any item with a naked flame is severely forbidden throughout the ship. Offenders will be subject to a fine in the amount of 50% of the price of the ticket, to be paid before disembarkation.
Art. 16 WEAPONS: passengers are required to hand over to the Captain's custody all weapons and/or firearms in their possession. In the case of violation, offenders shall have them confiscated and will be reported to the competent Legal Authority.
Art. 17 LUGGAGE: luggage not presented to the carrier must only contain the personal effects of the Passenger. All items of value, jewellery, cash, travellers cheques, etc may be deposited in the ship's security lockers or, failing that, sealed in a closed envelope and given to the on-board Purser who will issue a receipt without checking its content. Where it is ascertained that luggage not presented to the carrier contains items not for personal use, the Passenger must pay triple the price of the tariff for the transport of the objects as well as damages compensation. It is in any event agreed that for luggage and items not presented to the carrier, the carrier's liability is limited to the maximum amount resulting from any written declaration of value issued by the Passenger, again where the same has paid the extra freight. Otherwise the limit provided for in art. 412 of the Navigation Code will apply.
17.1 Only two packages containing personal effects (only clothing) are permitted as hand luggage. Hand luggage in excess of this amount must be stored in a container by paying Euro 9.00 per piece on the routes to and from Tunisia and Morocco.
17.2 Excess baggage (used furnishings, used domestic electrical items, used furniture etc) not transported on the roof of the car upon embarkation, must be stored in a container made available by the company for the price of Euro 29 per piece on the routes to and from Morocco and Tunisia. Electrical items not conforming to EC directives may not be imported from Tunisia and/or Morocco.
Art. 18 LOSS AND/OR DAMAGE TO LUGGAGE AND PERSONAL EFFECTS OR VEHICLE: loss and/or damage to luggage and other personal effects or the vehicle of the Passenger must be notified by the Passenger to the Captain of the ship or to the agents and/or the Officers of the Company in the port of disembarkation – on pain of default – on return in the case of evident loss or damage or within 3 days from return in the case of non-apparent loss or damage. For luggage and items not presented by the Passenger to the carrier, the carrier shall not be liable for losses and/or breakdown where the Passenger cannot prove that they were caused by the carrier. In any event the carrier shall not be held liable for damages and/or breakdowns attributable to acts of vandalism and/or malice of third parties.
Art. 19 ANIMALS: the transport of small domestic animals (cats, dogs, etc) by Passengers is permitted provided that they have a certificate of good health, are on a lead and muzzle and that they have purchased a ticket for travel. In order to comply with hygiene/health regulations domestic animals, if accepted by the Company, must travel in dedicated cabins (maximum number permitted is two animals per cabin) or in the kennels or cattery.
Dogs permitted to access the cabin must be transferred into the crate provided in the kennels in the owner's absence, as Passengers are prohibited from keeping them in the cabin and in common areas. An external area is available for transported dogs if on a lead and muzzle. A partial exception to the above is made for accessing the ship areas by guide dogs accompanying blind passengers and Civil Protection dogs in service and with appropriate certification. Passengers shall be liable for any damage caused to items and third parties by their animals. The carrier will not accept any liability for any incarceration and exclusion of animals by the Health Authorities of the Port of disembarkation/embarkation or damages to animals following escaping, loss or death during the voyage or during embarkation and disembarkation, unless in the case of proven malice and/or negligence by the carrier. The Passenger shall in any event behave appropriately and diligently in order to avoid and/or prevent such problems.
Art. 20 INFORMATION ON PASSENGERS
All Passengers embarking are required to notify the company of information relating to their particular care and/or support needs as indicated in art 14.
20.1 Passengers are also required to notify when booking the following general information: family name and full name (in compliance with MD 83/T of 20/6/2007 of the Ministry of Transport), gender, age category (infant, child, adult). Passengers are required to notify any changes of their personal details if differing between the point of booking and embarkation. Personal details are collected pursuant to Decree Law no 251 of 13/10/1999 enacting EEC Directive 98/41 of 18/06/1998, the regulations relating to the application of the ISPS code on anti-terrorist rules, and in compliance with the provisions of Legislative Decree no 196/2003.
20.2 When booking the Passenger is required to provide a mobile phone contact number. Any cancellations and/or variations will be notified to the passenger by means of the telephone number provided on booking (including via SMS or e-mail). GNV will not be liable through not being able to make contact through a lack of number, number unreachable, incorrect number.
20.3 The carrier has the option to use the personal data provided by the Passenger, including information concerning purchases in order to:
• make a booking and/or issue a ticket;
• provide the transport and the associated services;
• accounting, billing, auditing;
• confirming and checking credit cards and other payment cards;
• information relevant to the voyage booked (for example for changes of time and/or cancellations)
• immigration checks;
• control, security, health, administration and legal purposes;
• statistical purposes;
• developing and supplying services;
• marketing and market research activities (which will be carried out only with the Passenger's consent or for which the carrier gives the Passenger the option to opt out).
The Passenger, solely for the purposes indicated above, authorises the carrier to use and, where necessary, transmit the personal data provided to:
• companies associated with the carrier;
• carriers and other companies which provide transport or associated services;
• port and commercial agents of the carrier;
• States and public entities;
Art. 21. APPLICABLE LAW AND COMPETENT FORUM: the agreement for the transport of passengers, their luggage and vehicles is regulated by the Navigation Code, Regulation (EU) no 1177/2010, SOLAS Regulations and is interpreted in accordance with Italian law. For any dispute arising over the interpretation and/or execution of the transport agreement the Court having exclusive competence will be the one of the applicant's choice, place of residence or address of the defendant. In the case of Passengers residing in Italy having the qualification of consumer pursuant to Italian regulations in force, the Court of residency or elective domicile of the Passenger will have exclusive competence.