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Transport conditions – Gulf of Naples

TRANSPORT CONDITIONS – GULF OF NAPLES

Art. 1 Overview – The object of this contract consists in sea transport as set forth by art. 396 and subsequent ones of the Navigation Code.

Art. 2 Ticket – The travel ticket is personal, cannot be transferred and is valid only for the route specified in it. The passenger shall retain it to justify his/her right to travel and show it with a valid identity document, to any Company’s ticket inspector who may request it. Should the passenger be found without the ticket/contract, this shall pay double the travel price. Torn and/or altered tickets will be voided. If the ticket is not used within the issuing date will lose its validity and no refunds will be acknowledged. No copies will be released for lost or stolen tickets. Children under 2 years old embark free of charge without seat assignment; the applicable rate is charged in case of seat occupation. Children between 2 and under 12 years old pay the applicable children rate. The full rate is applied to children over 12 years of age. The children’s age shall be documented. No children discount can be grated after the ticket is issued. Subjects under 12 shall be constantly monitored by parents and/or guardians and cannot transit on the vessel without being accompanied. The Company will not be held liable for accidents occurred to minors, due to breaches of the afore-cited clauses. Residents – The discounted rates for the island residents are exclusively applicable to passengers that prove their residency on the island through valid document of identification both when purchasing the ticket, during embarkation and on-board. If the passenger cannot present the corresponding document during the crossing, he shall pay the difference between the reduced fare already paid and the double amount of the standard fare. If the passenger does not receive the ticket booked on line or by contact center he must contact immediately SNAV contact center.

Art. 3 Check-in – The boarding pass must be picked up at the port ticket office at least 30 minutes prior to departure. Before departure, the Passenger shall check that no variations were made to the departure time indicated on the ticket. The name of the ship that will operate the transport, if indicated on the ticket, is merely indicative as another ship could be used, also of another carrier.

From the end of 6th month of pregnancy, pregnant women who are not experiencing any complications related to gestation must let issue a medical clearance issued not earlier than 7 days prior to departure and must present it to the officer of the vessel, purser or stuff on board on request. In all other cases, the pregnant women must always obtain a medical clearance, independent of the month of pregnancy. This applies without prejudice to the discretion of the captain to refuse embarkation if he believes that the pregnant woman is not capable of travel.

Art. 4 Baggage – The travel ticket does not include the fee to carry baggage. Therefore the passenger shall purchase the baggage ticket. Should the passenger be found without the baggage ticket, he/she will be charged double the applicable rate. The ticket price does not include the fee for overhead rack services. The baggage must exclusively contain the passenger’s personal effects, orderly stored in luggage, travel bags, boxes, cases and similar. Sale agents’ samples are allowed as baggage, granted the obligation to render suitable customs’ declarations. Each passenger can carry his/her baggage to the assigned place. If the baggage cannot be stored at the assigned seat due to its sizes, the passenger shall store it in the areas indicated by the crew. Passengers are liable for the content of their baggage until landing. Company cannot be considered liable for occurred damage because baggage handling is always carried out at the Passenger’s sole risk and liability.

Art. 5. Passenger claims and notices – In virtue of the principle of good faith in executing the contract, the passenger shall have to notify immediately the crew about any issue so that the company can promptly solve it. The passenger can report to the purser any issue concerning the on-board accommodation. Suitable comment forms are available to the passenger in order to leave remarks and feedbacks on the travel. To transmit a claim or indemnity request, the passenger, holder of the ticket, can send claims and/or suggestions by filling out the relative form available on our website www.snav.it

Alternatively, the passenger, holder of the ticket, can send a registered letter with return receipt to SNAV S.p.A. Legal Office, Stazione Marittima, Molo Angioino 80133 Naples.The applicant shall provide their name, surname, contact information, enclose a copy of the ticket and/or boarding-pass in their name and the reason for dissatisfaction. The passenger authorizes the Carrier to use personal data. To submit a claim or request for compensation the person submitting the claim must be one of the passengers. Claims for compensation may only concern the persons booked upon express mandate of themselves. Passenger rights with reference to a delay and/or indemnity request are voided if they are not made and/or presented to the Company Legal Office, through the form “reclami e suggerimenti” or sending a registered letter with return receipt or writing a pec to ufficiolegalesnav@pec.it within two months from the date on which the service was provided or should have been provided.

Art. 6 Prescription – The rights derived from the transport contract of people, baggage and vehicles are prescribed once the terms set forth by art. 418 and 438 Navigation Code, are elapsed.

Art. 7 Pets – In order to be allowed on-board, in general all pets shall hold a ticket, veterinary certification stating they are in good health and they must have undergone the prophylaxis for external parasites. Dogs must be registered with the Canine Registry. Pets travel at the passenger’s care and responsibility. In compliance with the Order of the Ministry of Health of 27th August 2004, owners shall apply the muzzle and leash on their dogs when walking in public areas and means of transportation.

Art. 8 Travel cancellation, delay, interruption – In the cases foreseen by the Navigation Code and in cases of objective need and/or force majeure, the carrier has the faculty to cancel the scheduled departure, change itinerary (adding or omitting ports of call) and change the departure port. In case departure is delayed, the Passenger will be informed and assisted pursuant to art. 16, 17 and will be granted the protections set forth by art. 18 of EU Regulation no. 1177/2010, without prejudice to the exemptions set forth by art. 20 of the same Regulation. In case of delayed arrival to the destination port, without prejudice to the exemptions set forth by art. 20 of EU Regulation no. 1177/2010, if eligible, the Passenger will be entitled to an indemnity as set forth by art. 19 of the same Regulation. The Captain, in the cases foreseen by the Navigation Code and cases of objective need and/or force majeure, is fully entitled to proceed without pilot, tow and assist other ships in any circumstance, deviate from the ordinary route in any direction, for any distance and scope related to its duties of Captain, as set forth by the Navigation Code and International Conventions. In said hypothesis, he can change the ship’s itinerary, also in the opposite direction or over the usual route, transfer passengers and vehicles on any other ship or means of transportation whether belonging to the carrier or not, directed to the destination port. The carrier is not liable for damages caused by delay or non-execution or non-compliant execution of the transport should the event be linked to a fortuitous case, force majeure, bad weather-marine conditions, strikes and technical failures constituting force majeure or other causes not ascribable to it, as set forth by art. 402, 403, 404 and 408 of the Navigation Code and cases foreseen by art. 20 of EU Regulation no. 1177/2010. Under no circumstance the carrier shall be deemed liable for delays due to port operations.

Art. 9 Refunds and changes – Once concluded, the agreement cannot be resolved by the contracting parties. However, SNAV, in derogation of art. 400 Navigation Code, grants to the passenger who does no longer intend to or cannot depart, the faculty to be refunded of the partial ticket price. 80% of the ticket price will be refunded provided the passenger’s notice is received within 48 hours before the date of departure, 50% in case the written notice is received between 48 hours and 4 hours prior to departure. No refund will be acknowledged to the passenger who transmits the cancellation request between 4 hours prior to the departure up to departure and in case of no-show for any reason (no show). All the tickets are exclusively valid for the date, route and time indicated on it. In derogation to the above, SNAV grants to passenger the right to modify the date, route and/or time, upon checking availability. Variations to tickets are charged with a fee of Euro 2,50 per change, where the change is to the same or lesser than the original. Any change to tickets issued gives no entitlement to refund. Where the change is to a tariff greater than the original passenger shall have to pay Euro 2,50, per change, and/or payment of difference of price for any adjustment tax or bunker surcharge

Art. 10 Fuel surcharge, port taxes and fees – Applicable rates INCLUDE surcharges foreseen for potential fuel cost increases, port taxes and fees, which amounts are subject to changes until the ticket is issued. A sale fee up to 1.00 Euro per booking is applied to the ticket price.

Art. 11 Safety information – During navigation all passengers should remain seated and it’s forbidden, for all passengers, to go outdoor areas.  The Company cannot be liable for any accident  or damage occurred because of ignorance of above rules. In compliance with the provisions set forth by applicable laws, passengers shall present the ticket and identification document upon request of a ship’s officer. They shall also allow potential inspections on their baggage, if required. Said checks may also be carried out by port authorities.

Art. 12 Applicable law and competent court – This contract is regulated by Italian laws and interpreted in accordance to the same. Any dispute shall be exclusively devolved to the Court where the Company boasts its legal office. Nonetheless, if the passenger resides in Italy and is considered a consumer pursuant to applicable Italian laws, competence will be ascribed to the court of residency or domicile of the latter.

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