 | 1. Applicable rules and regulations |
| 1.1 This sales agreement for a tourist package in the form ofa cruise is subject to these general conditions, in addition toany additional conditions that might be contained inbrochures, leaflets or catalogues published by the Organiser,and any other documentation supplied to the passenger bythe Organiser.
1.2 The contract will also be subject to the Italian regulationsfor the application of EC directive 90/314, the applicableterms of the Convention of Brussels of 23rd April 1970 (CCV),and/or the Italian and international regulations on the singleservices that form part of the tourist package.
1.3 The single clauses of these general conditions have to beregarded as independent of each other. The total or partialinvalidity of a single clause or paragraph will not invalidateany other clause or paragraph of these general contractconditions. |
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| 2. Stipulation of the contract |
| 2.1 The booking application will be drawn up in a specificform (in a computerised version, where applicable), every partof which should be filled in, to be signed by the passenger.
2.2. The tourist packages sold on line are sales offers in Italyfor all legal purposes, and the agreements regarding these aresigned in Italy.
2.3 Acceptance of bookings is subject to availability, and isfinalised for the purposes of formalising the agreement onlyupon confirmation by the Organiser (which may take placeon line). The bookings are subject to the payment by thepassenger of the deposit referred to in article 3.1. Failure topay the deposit will lead to cancellation of the booking.
2.4 The promotional offers, or those involving specialconditions by way of exceptions to those set out in thecatalogues, are subject to availability and time limits, inaccordance with the conditions laid down by the Organiserfrom time to time, at the absolute discretion of this latter.
2.5 The duly licensed Travel Agency acts as agent for thepassenger and, in accordance with the terms of article 87 ofthe Consumer Code and article 8 of legislative decree111/1995, may provide this latter with a copy of theagreement only if it is already in possession of theconfirmation from the Organiser, issued as specified in theprevious paragraph.
2.6 In the case of a single booking made for a number ofparties, whose names are to be listed in the booking form, theparty making the booking guarantees that he or she is dulyauthorised to do so on behalf of the parties concerned, andwill also guarantee that the other parties named in thebooking form will act in accordance with all the contractobligations.
2.7 Bookings from minors will not be accepted. Withoutaffecting the terms of article 2.6, bookings for passengers whoare minors have to be made by parents, guardians or otheradults in possession of the necessary powers to do so, and willbe accepted only if the minor is to be accompanied by atleast one parent or another adult, who will take on fullresponsibility in this regard.
2.8 As the vessels are not equipped to offer assistance inpregnancy and childbirth, bookings will not be accepted frompassengers who, at the scheduled end of the cruise, haveentered the 25th week of pregnancy.
2.9 Children are not permitted to sail prior to 6 months of ageon the first day of cruise.
For the cruises longer than 15 days that are related to thefollowing destinations the minimum age is 12 months: Africa,Far East, Indian Ocean and Unique Journeys.
2.10 The vessels have a limited number of cabins for disabledpassengers, and some areas and facilities on board are notaccessible by the disabled and/or are unable toaccommodate disabled passengers. Consequently, bookingsfrom disabled passengers will be accepted within the limits ofsuch availability and, if necessary, may require that suchpassengers be accompanied by persons capable of offeringthem the assistance they require. The Organiser will take noresponsibility for setting up alternative schedules on boardthe vessel or ashore for disabled passengers and will not beheld responsible for any impediment or difficultiesencountered by them in making use of the services andactivities included in the tourist package.
2.11 At the time of signing the agreement, the passenger willinform the Organiser of any illnesses or physical or mentaldisabilities that might require special forms of care orassistance. No bookings will be accepted for passengerswhose physical or mental conditions make their presence onthe cruise impossible or dangerous for themselves or others,or who require forms of care or assistance that it is notpossible to guarantee on board the vessel.
2.12 Any information on the cruise which is not contained inthe contract documents, brochures or web site of CostaCrociere, or in any other forms of communication, will besupplied to the passenger by the Organiser in accordancewith the terms of the consumer code, suitably in advance ofthe start of the voyage.
2.13 The Organiser reserves the right to make exceptions tothese general conditions in the case of specific categories ofagreement, such as block bookings or special incentives, forwhich the terms and conditions will be specifically indicatedfrom time to time. |
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| 3. Payment |
| 3.1 Payment for non-web booking
When the agreement is signed, a deposit will be payable. This will be equivalent to the amount specified in the catalogue, and will in any case be no less than 15% of the price, including the full booking fee, where applicable. The balance due will be paid at least 30 days prior to the date of departure. For bookings made less than 30 days prior to the departure date, the full price will be paid at the time when the agreement is signed. Failure to pay the balance due on the dates specified above will lead to the cancellation of the agreement in accordance with the terms of the express termination clause. In such cases, the Organiser will have the right to compensation for any additional damage caused. The travel ticket, which authorises the passenger to gain access to the vessel, will be issued to the passenger after the full balance of the price has been paid. Payments made through Travel Agencies will be regarded as received only when the sums in question have been effectively passed on to the Organiser.
3.2 Payment for web bookings
When the agreement is signed, a deposit will be payable.This will be equivalent to the amount specified in thecatalogue, and will in any case be no less than 15% of theprice, including the full booking fee, where applicable. Thebalance due will be paid at least 30 days prior to the date ofdeparture. For bookings made less than 30 days prior to thedeparture date, the full price will be paid at the time whenthe agreement is signed.
Failure to pay the balance due on the dates specifiedabove will lead to the cancellation of the agreement inaccordance with the terms of the express termination clause.In such cases, the Organiser will have the right tocompensation for any additional damage caused.
The travel ticket, which authorises the passenger to gainaccess to the vessel, will be issued to the passenger after thefull balance of the price has been paid.
Payments made through Travel Agencies will be regardedas received only when the sums in question have beeneffectively passed on to the Organiser. |
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| 4. Prices |
| 4.1 The prices include the services expressly indicated in thecatalogue and the agreement form signed by the passenger.Prices shown in this catalogue don't include i) the servicecharge for hotel services payable on board at the end of thecruise. No further service charges are payable to staff, ii) porttaxes which consist in a lumpsum that can change accordingto itinerary and number of days. The item “i” is indicatednext to each price scheme through the indication of “servicecharge”, item “ii” is indicated at bottom of each price schemethrough the wording “port taxes ”
4.2 The catalogue indicates a minimum price known as“Pronto Price” (Book Immediately) and a maximum priceknown as "Listino” (Full Fare). For each cruise, a limitednumber of cabins will be available at the minimum price.When these are no longer available, the remaining cabinsmay be placed on sale at prices greater than the minimum,of which the passengers will be informed when the bookingapplication is received. Except where otherwise indicated asset out in paragraph 3 of this article below, such prices will beno greater than the maximum price indicated in thecatalogue under the "Full Fare" heading.
4.3 The prices indicated in the catalogue may undergoalteration up to 20 days prior to the departure date, as aresult of increases following the date of publication of theprogramme in (i) the cost of air transport, (ii) the cost ofmarine fuel, (iii) duties and taxes on the services included inthe tourist package, including boarding and disembarkationtaxes and harbour mooring and airport landing taxes.In situation (i), the price alteration to the package will beequivalent to the full increase in transport costs as debited tothe Organiser by the airline.
In situation (ii) if there is a fuel cost increase in the cost ofmarine fuel that is lower than 10% there will be no increaseof the cruise price. For fuel cost increase of 10% the price ofthe cruise (excluding flights, transfers, taxes and any otheradd-on) will increase by 3%. In case of fuel cost increasehigher than 10% the price of the cruise will increaseproportionately, starting from the 3% base.
Please see following examples:
fuel cost increase 15% --> cruise price increase up to 4,5%; fuelcost increase 30% --> cruise price increase up to 9% Pricesincluded in the pricing grids of this catalogue weredetermined in February 2009, month of the first edition,considering fuel cost of EUR 221,52 per metric ton Platts IFO380 Genoa average; change 1 USD = 0,78 EUR.(iii) the increase will be equivalent to the entire amount ofincrease in duties and taxes.
4.4 The prices indicated are per person. If however apassenger becomes the sole occupant of a cabin as a result ofwithdrawal or cancellation by the other occupants, thepassenger in question will have to pay a single cabinsupplement. |
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| 5. Modifications to the voyage |
| 5.1 If the Organiser is forced to make any significant changesto an essential aspect of the agreement, including the price,prior to the departure date, it will inform the passenger of thisfact as soon as possible. For such purposes, a significantmodification is a price alteration of more than 10% of thetotal, or a change which has an effect on factors that can beregarded as fundamental to the cruise considered as a whole.Merely by way of example, modifications of the followingkinds are not regarded as significant: (i) changes of carrier,flight times and itineraries, provided the date of departureand arrival remains unchanged and access to anddisembarkation from the vessel are permitted on the datesand at the times scheduled for the cruise, (ii) the replacementof the ship on the basis of the terms of article 5.4, (iii) changesto the cruise itinerary on the basis of the terms of article 5.5,(iv) the allocation of a different cabin on the basis of theterms of article 12, (v) changes to the type of hotelaccommodation, provided the hotel belongs to the samecategory (vi) changes in the scheduling of events and otherforms of entertainment on board the vessel.
5.2 A passenger who receives notification of a change to anessential aspect or a price modification of more than 10% willhave the right to withdraw from the agreement without theapplication of any penalty, or to accept the modification,which will then become a part of the agreement, with theprecise specification of the changes and the effect of these onthe price. The passenger will inform the Organiser of itsdecision - through the Travel Agency where appropriate -within 2 working days of the date when he or she becomesaware of the modification. If no such written notification isissued, it will be understood that the modification has beenaccepted.
5.3 If the Organiser is unable to supply an essential part ofthe services specified in the contract due to reasons notattributable to the actions or conduct of the passenger, it willprovide alternative solutions compatible with the technicaland safety requirements, at no additional cost to thepassenger. If the alternatives supplied are of a value that issignificantly lower than the scheduled services, the passengerwill be reimbursed within the limit of the differences in value.If no alternative solution is possible or the solution proposedby the Organiser is turned down by the passenger foracceptable, justified and proven reasons, the Organiser willprovide a means of transport equivalent to that laid down forthe return to the point of departure, or to any otherdestination that might be agreed upon, at no additional cost,only if such a solution is objectively indispensable in thecircumstances. The Organiser will reimburse the passenger forthe services not used, after deduction of the costs sustainedby the Organiser in any way.
5.4 It is acknowledged that the Organiser has the right toreplace the scheduled vessel with another of similarspecifications if this is necessary for technical or operationalreasons, or in relation to the safety of the ship.
5.5 The Organiser, and the Captain of the vessel on behalf ofthis latter, have the right to modify the cruise itinerary due tounforeseen and uncontrollable circumstances or for reasonsregarding the safety of the ship or its navigation. |
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| 6. Withdrawal by the Passenger |
| 6.1 The passenger may withdraw from the agreementwithout incurring any penalty only if he or she has beeninformed of the modification of an essential aspect under theterms of article 5.1 above. In such a case, if the passengershould withdraw from the agreement he or she will have theright to make use of an alternative package, or to thereimbursement of the payments already made at the time ofthe withdrawal. The package that the passenger decides tomake use of will have to be of an equivalent or greater value(but without price supplements) to that originally selected. Ifthe Organiser is unable to offer a package of an equivalentor greater value, the passenger will have the right to thereimbursement of the difference.
6.2 A customer who withdraws from the agreement forreasons other than those specified in the previous paragraphwill be debited with the following sums:
USD30 per person for administrative costs in the event ofwithdrawal
15% of the package price in the event of withdrawal less than60 days prior to the departure date
30% of the package price in the event of withdrawal less than41 days prior to the departure date
50% of the package price in the event of withdrawal less than28 days prior to the departure date
80% of the package price in the event of withdrawal less than14 days prior to the departure date
A passenger who withdraws within 1 day of the departuredate, fail to turn up in time for departure withdraws from thevoyage after it has begun for any reason will have no right toany reimbursement and will have to pay the price in fullA passenger who withdraws within 1 day of the departuredate, fails to turn up in time for departure or withdraws fromthe voyage after it has begun for any reason will have no rightto any reimbursement and will have to pay the price in full.6.3 In the event of cancellation covered by an insurancepolicy, the Organiser should be notified of this at the sametime as notification is issued to the insurer. Any differencebetween the sums due from the passenger on the basis of theterms of article 6.2 above and the sums paid by the insurancecompany will be payable by the passenger. |
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| 7. Replacements |
| 7.1 A passenger who is not in a position to make use of thetourist package may be replaced by another person provided:a) the Organiser is informed of this fact in writing within 4working days of the scheduled departure date, at which timethe identity details of the replacement should also beprovided; b) there are no reasons relating to the possession ofpassports, visas or health certificates, or with regard to hotelaccommodation, transport services or any other factors thatwould make it impossible for the person replacing thepassenger who has withdrawn to make use of the package; c)the person replacing the original passenger pays any sumsspecified in the catalogue as replacement costs to theOrganiser.
7.2 In such a case, the passenger will in any case pay a sum of 30 usd per person as administrative costs. The passengerwithdrawing and the replacement will be jointly responsiblefor the payment of the balance due and the payment of thesum referred to in point c) of article 7.1 above.
7.3 The travel ticket is transferable only in the event ofreplacement for the purposes of the agreement, inaccordance with the terms set out in the previous paragraphs.
7.4 The right of replacement referred to in the previousparagraphs is subject to the exceptions and limits laid downin the regulations, with particular reference to the securityregulations applicable to the single services forming part ofthe package.
7.5 Replacement for reasons other than whose which make itimpossible for the original passenger to make use of thetourist package, or notification of replacement received bythe Organiser following the term specified in article 7.1, willbe regarded as equivalent to the withdrawal of the passengerand a new booking by the replacement. In such a case, thewithdrawing passenger will be obliged to pay the sumsreferred to in article 6.2, and the replacement passenger willbe obliged to pay the full price. |
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| 8. Failure to execute |
| 8.1 If at any time prior to the departure the Organiser shouldannounce the cancellation of the package covered by theagreement for any reason other than those attributable tothe actions of the passenger, the Organiser will offer thepassenger the right to make use of a replacement package, orreimbursement on the basis of the methods set out in theparagraphs which follow. The replacement package offeredby the Organiser will be of an equivalent value to that of thepackage cancelled. If the Organiser is unable to offer areplacement package of an equivalent value, the passengerwill have the right to the reimbursement of the difference.
8.2 If the Organiser should cancel the tourist package inaccordance with the terms and effects of article 1469 (ii),paragraph 5, of the Italian civil code, it will repay thepassenger double the amount that this latter has effectivelypaid out and which has effectively been received by theOrganiser, with the exception of cases of unforeseen oruncontrollable circumstances, failure to obtain the minimumnumber of participants or refusal on the part of thepassenger to accept the replacement package offered by theOrganiser. The sum to be repaid will in no circumstances begreater than double the amounts owed by the passengerunder the terms of article 6.2 on the date of repayment.
8.3. In the event of unforeseen or uncontrollablecircumstances, failure to obtain the minimum number ofparticipants or refusal on the part of the passenger to acceptthe replacement package offered by the Organiser, as referredto above, the passenger will have the right to thereimbursement of the sums already effectively paid out only. |
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| 9. Obligations of Passengers |
| 9.1 The passenger has to be in possession of a personalpassport or other valid document for entry into all thecountries in the itinerary, along with any residence visas orhealth certificates that might be required, in accordance withthe nationality of the passenger.
Unless otherwise specified, the information contained in thecatalogues in this sense refers to passengers whosenationality is that of the country in which the catalogue ispublished.
9.2 The passenger will also conduct him or herself in such away as not to interfere with the safety or disturb the peaceand enjoyment of the cruise by the other passengers, and willact in accordance with the rules of normal prudence anddiligence, follow all the instructions issued by the Organiserand comply with the administrative and legislativeregulations relating to the voyage.
9.3 Passengers will not bring goods, live animals, weapons,munitions, explosives or inflammable, toxic or hazardoussubstances on board the vessel without the written consent ofthe Organiser.
9.4 The passenger will be responsible for all the damages thatthe Organiser might suffer as a result of failure to act inaccordance with the obligations set out above.
More specifically, the passenger will be responsible for alldamage caused to the vessel or its furnishings and fittings,damage caused to other passengers and third parties, and allsanctions, fines and costs to which the Organiser is subjecteddue to the conduct of the passenger by the port, customs orhealth authorities or by any other authorities in any of thecountries on the cruise itinerary.
9.5 The passenger will provide the Organiser with all thedocuments, information and other materials in his or herpossession which might be necessary with a view to acting onhis or her behalf, on the basis of the terms of the finalparagraph of article 12 of these general conditions, with regardto third parties responsible for any damages suffered by thepassenger, and will be responsible to the Organiser in the eventof any prejudice caused to this right to act on his or her behalf.
9.6. The passenger will provide the Organiser with all theinformation necessary to enable this latter to comply with itssecurity obligations, with particular reference to the terms ofEC directive 98/41 and the ministerial decree of 13th October1999. |
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| 10. Powers of the Captain |
| 10.1 The Captain of the ship is fully entitled to proceedwithout a pilot, to tow and assist other ships in anycircumstance, to deviate from the plotted course, to put intoany port, whether or not this is on the ship's itinerary, and totransfer a passenger and his or her baggage to another shipwith a view to continuing on the voyage.
10.2 The passenger is subject to the disciplinary powers of theCaptain of the ship in relation to all matters regarding thesafety of the vessel and its navigation. If in the opinion of theCaptain a passenger is unable to undertake or continue onthe voyage for any reason, or is a risk to the health and safetyof the other passengers and crew, or to the safety of thevessel, or the conduct of the passenger is such as to interferewith the enjoyment of the cruise by the other passengers, theCaptain will have the right, depending on the circumstances,to a) prevent the passenger concerned from coming aboardthe vessel, b) have the passenger disembark at anintermediate port, c) prevent the passenger fromdisembarking at an intermediate port, d) deny the passengeraccess to specific areas of the ship or prohibit him or her fromtaking part in specific activities on board.
Similar measures may be adopted of their own initiative andwithin the limits of their rights in law or under the terms ofthe contract, by airlines or other service providers. TheOrganiser will take no responsibility for any such measuresthat might be adopted.
10.3 The Organiser and the Captain of the ship will have theright to carry out any order or directive issued by thegovernments or authorities of any state, or by parties actingor declaring that they are acting on behalf of and with theconsent of such governments or authorities or any otherparties with the right to issue such orders or directives, on thebasis of the conditions of the ship's insurance cover againstrisk of war. No actions or omissions on the part of theOrganiser or Captain in relation to or as a consequence ofsuch orders or directives will be regarded as non-compliancewith the contract. The disembarkation of the passengers andtheir baggage in accordance with such orders or directivesreleases the Organiser of any responsibility for thecontinuation of the voyage or the repatriation of thepassengers. |
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| 11. Pledge and retention |
| | The Organiser has the right to withhold the baggage andother property of the passenger and use these as a pledge ofcredit for the payment of any additional sums due from thepassenger for the goods and services acquired on board. |
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| 12.Accommodation on board the vessel or in hotels |
| 12.1 The Organiser has the right to allocate the passenger toa cabin different from that agreed upon, provided it belongsto the same category.
12.2 When included in the package and where no officialclassification of hotels exists, the hotel accommodation willbe allocated on the basis of reasonable equivalents to theclassification system in use in Italy. |
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| 13.Organiser's responsabilities |
| 13.1 The Organiser is responsible for the damage caused tothe passenger due to total or partial failure to provide theservices due under the terms of the contract, whether theseare to be provided by the Organiser in person or by thirdparty service suppliers. The Organiser will not be heldresponsible if the damage is due to the actions of thepassenger (including any initiatives taken by this latterduring the execution of tourist services) or a third party notinvolved in the supply of services under the terms of theagreement, unforeseen or uncontrollable circumstances orany other circumstances that the Organiser could not haveforeseen or been able to resolve with the application of dueprofessional diligence.
13.2 All exemptions from or limitations of responsibility,justifications or objections that could be invoked by theOrganiser under the terms of this contract also extend to allthe parties who are or could be regarded as the personnel ofthe Organiser, or acting as assistants, agents, sub-contractorsor consultants to the Organiser in any way or for any reason,as well as to the insurers of the Organiser.
13.3 The Organiser is not responsible to the passenger in theevent of any non-compliance with the obligations of theOrganiser on the part of the Travel Agency or any otherintermediaries involved in the stipulation of the contract.
13.4 When the Organiser has paid compensation to apassenger, it takes over this latter's rights and entitlement totake action against the liable third parties. |
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| 14. Limits of compensation |
| 14.1 The compensation due from the Organiser will in nocircumstances be greater than the indemnities which applyand the limitations to these as laid down in the Italian andinternational regulations in force on the service whose failureto supply has brought about the damage, where applicable. Ifno specific regulations apply to the service in question or theregulations which do apply to not lay down any limits on theindemnities payable by way of compensation, the limitationsset out in article 13.2 of the Convention of Brussels of 23rdApril 1970 (CCV) will apply.
14.2 If the Organiser is also the owner, operator or chartererof the vessel used in the cruise, this will have no effect on theapplication of the regulations on the limitation of debts as setout in articles 275 and following of the code of shipping, or, tothe extent that it applies, the Convention of Brussels of 10thOctober 1957 or the Convention of London of 19th November1976 and subsequent modifications. |
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| 15. Excursions |
| 15.1 The excursions are subject to the general contractconditions of the local operator supplying the services andthe national regulations that apply.
15.2 The prices and itineraries of the excursions as publishedin the catalogue are provided merely as a guideline, and aresubject to variations. The timing and itineraries of theexcursions may be subject to alteration in accordance withoutside circumstances, such as the weather conditions,strikes, transport delays and similar, and on the basis of theoperating requirements of the service suppliers.
15.3 If an excursion is cancelled for technical reasons, due tounforeseen or uncontrollable circumstances or due to failureto obtain the minimum number of participants, CostaCrociere will reimburse the passengers to the extent that suchreimbursement has been made available to the localoperator.
15.4 Unless otherwise specified, the excursions will take placeusing vehicles which are not specifically equipped fordisabled users.
15.5. Special conditions, requirements or regulations may applyto certain types of excursion, depending on the conditions thatapply to the specific circumstances, such as the use of meansof transport driven by the passengers themselves. |
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| 16. Air transport |
| 16.1 When a flight ticket or other travel document is issued byan airline in the name of the passenger and this is acceptedby this latter, an air transport contract is set up between thepassenger and the issuing airline.
16.2 Consequently, with regard to air transport of any kind,Costa Crociere cannot be regarded as an airline or anorganisation adopting the role of an airline, as such a positionis taken up exclusively by the air transport companyindicated, and/or those delegated to act on its behalf, with allthe connected risks and responsibilities, which cannottherefore be attributed in any way to Costa Crociere, even inan indirect or intermediary manner.
The rights of the passenger on the basis of the air transportcontract and the regulations applicable to it (Convention ofMontreal of 28th May 1999, EC regulation no. 889/2002,national regulations), including the right to compensation fordamages in the event of death or personal injury, aretherefore limited to the relationship between the passengerand the air transport company. The air transport companyhas exclusive responsibility for the obligations set out in ECregulation no. 785/2004.
16.3 If the legally valid flight ticket is not attached to thedocumentation supplied to the passenger by Costa Crociere,the passenger has to issue a request for this to the airlinedirectly. The airline guarantees the existence of the ticket inquestion, its custody for merely logistical reasons, itsconformity with the regulations that apply, and itsimmediate and unconditional availability to the passengerdirectly, at its own expense and upon its own responsibility,on the understanding that the airline has also issuedidentical guarantees to Costa Crociere.
16.4 The obligations laid down in EC regulation no. 261/2004apply exclusively to the air transport carrier, as defined in theregulation in question, and no responsibility in this sense willbe accepted by Costa Crociere, either in its position asOrganiser or for any other reason.
The passengers should therefore direct any claims that theymight have in relation to EC regulation 261/2004 to the airtransport carrier.
In exercising their rights deriving from EC regulation no.261/2004 with the air transport carrier, the passengers shouldtake the necessary care to safeguard the execution of thetourist package as a whole, and to avoid damaging the rightsand faculties of the Organiser on the basis of this contractand the regulations that apply to it.
16.5 Costa Crociere will include a flight memo in thedocumentation supplied to the passengers, with the solepurpose of reminding the passengers of the flightinformation required by them. The inclusion of the flightmemo and/or warnings or other information on air transportand the legislation and contract clauses applicable to this inthe documentation supplied to the passengers shouldtherefore be regarded merely as a guideline.
16.6 The use of hard copies, trade marks, logos or any otherelements making reference to Costa Crociere in thedocumentation referred to in article 16.5 is due to printingrequirements only, and cannot be regarded as a modificationand/or denial, even in a tacit or partial sense, of the otherterms of this article. |
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| 17. Ship's Doctor |
| 17.1 The ship's doctor provides assistance to the passengersas an independent professional, not as an employee of theOrganiser. The use of the services of the ship's doctor istherefore voluntary, and any fees due will be payable by thepassengers.
17.2 The decisions of the ship's doctor as to whether or not apassenger is in a condition to embark on board the vesseland/or continue with the cruise are binding and not subjectto appeal. |
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| 18. Custody of valuables |
| | A safety deposit box is made available to the passengers onboard the ship. The Organiser will accept no responsibility forcash, documents, stocks, jewellery and other precious objectswhich are not kept in these safe deposit boxes. |
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| 19. Obligation to provide assistance |
| | The obligation on the part of the Organiser to provideassistance to passengers is limited to the diligent supply ofthe services as specified in the contract and the obligationsimposed on it by the legislation in force. |
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| 20. Claims and claim reports |
| | Any complaints regarding the organisation or running of thecruise have to be reported by the passenger in writing in theform of a claim at the time when these arise or, if this is notpossible for any reason, within 10 days of the scheduled dateof return to the starting point. The Organiser will examine allthe claims presented promptly and in good faith, and will doeverything possible to bring about a swift, fair, amicablesettlement. |
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| 21. Insurance cover for assistance/medical and baggage costs |
| 21.1 Upon signing the booking agreement, the passenger mayopt to make use of the insurance policy presented along withthe application, by paying the full cost of the premium. If thepassenger does not intend to make use of this policy, he orshe will have to confirm to the Organiser that he or she hastaken out a different policy to cover the same risks, upon thesame conditions and with the same maximum sumsinsurable.
21.2 The insurance relationship is set up directly between thepassenger and the insurance company, and all theobligations and duties regarding the insurance policy aretherefore the exclusive responsibility of the passenger. |
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| 22.Guarantee fund |
| | A National Guarantee Fund has been set up by thegovernment, and is at the disposal of passengers, inaccordance with the terms of article 100 of the consumercode (article 21 of legislative decree 111/1995), in the event ofthe insolvency or bankruptcy of the Organiser, with a view tosafeguarding the following requirements: a) reimbursementof the price paid; b) repatriation in the case of foreign travel.The fund will also guarantee the immediate availability offunds in the event of the compulsory return of tourists fromcountries outside the European Union due to emergencies,whether or not these are a consequence of the conduct of theOrganiser. The methods laid down for the operation of thefund are established by means of a prime minister's decree inaccordance with the terms of article 100, paragraph 5, of theconsumer code (article 21 of legislative decree 111/1995). |
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| Confidential nature of personal data |
| "We wish to provide our customers with certain informationon the collection and use of the personal data required at thetime of booking. The personal data are collected by the TravelAgent with which the customers make the booking. Underthe terms of legislative decree 196/2003, the Travel Agent isobliged to pass on this information (article 13) and, wherenecessary, obtain the consent of the customer to do so (article23). Costa Crociere, as the company responsible for processingthe data, is informed by the Travel Agent of the customer'sidentity details, which are necessary for the fulfilment of theobligations deriving from the contract and any legalobligations and provisions in the case of foreign travel. Thisnotification does not require the consent of the customer, asit is necessary with a view to supplying the services requiredby the customer under the terms of the agreement.When necessary with a view to fulfilling the obligationsderiving from the agreement signed by the customer or inaccordance with a legal obligation, the customer's data maybe passed on to persons, companies, associations orprofessional bodies which provide Costa Crociere withservices and assistance, some of which might be basedabroad, as well as to affiliated companies and thosebelonging to the same group as Costa Crociere, both in Italyand abroad.
The collection and processing of the personal data will takeplace by means of electronic support tools and on hard copy,and will in any case take place in accordance with the termsof legislative decree 196/2003. The above also extends to theinformation required with a view to complying with thesecurity measures.
The customer may exercise his or her rights in accordancewith the terms of article 7 of legislative decree 196/2003,either through the Travel Agent or by contacting theMarketing Department, Costa Crociere, Via XII Ottobre 2,16121 Genoa".
Policy no. 239443166, taken out with GENERALI S.p.A. |
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| 23. Jurisdiction |
| Any dispute that may arise pursuant to this present contractshall fall exclusively under the jurisdiction of the Law Court ofGenoa.
This Insurance Contract is governed by Italian Law and bythe provisions of these General Conditions, as well as theSpecific and Special Conditions of the Policy which constitutea single unit forming the basis for the insurance, which coversonly the risks specified in said Policy. |
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