General conditions

General conditions for passenger transport

• 1. Definitions

  • 1.1. For the purposes of these general conditions of transportation, the following shall mean:

    • 1.1.1. Company and/or Carrier: Maritime Tourist Consortium "5 Terre-Golfo dei Poeti" with registered office in Monterosso (SP) Via Padre Semeria, No. 32 C.F. & P.I. 01108560119;
    • 1.1.2. Passenger: any person who has entered into a contract of maritime transportation of persons and, to that effect, holds a ticket issued by the carrier through its sales channels;
    • 1.1.3. Ticket: travel document evidencing the conclusion of the contract of carriage or passage ticket under Article 396 of the Navigation Code. The contract of carriage has as its object the carriage by sea of passengers, luggage, and accompanying animals, from the port of departure to the port of arrival as governed by Art. 396 ff Nav. Code and EU Regulation 1177/2010

• 2. Assumption of Service
  

  • 2.1. The Company guarantees sea transportation in accordance with the following General Conditions of Carriage which the passenger, by purchasing the ticket, implicitly declares to acknowledge, accept and observe.
  • 2.2. The General Conditions of Carriage can be found at the Commanding Officers and Carrier's ticket offices, both can be downloaded from www.navigazionegolfodeipoeti.it.
  • 2.3. The text of the General Conditions of Carriage downloadable from www.navigazionegolfodeipoeti.it is the authentic text for the purpose of identifying the contents of the Contract..

• 3. Tickets
  

  • 3.1. The ticket can be purchased:
    3.1.1. At the Carrier's ticket offices;
    3.1.2. Online at www.navigazionegolfodeipoeti.it;
    3.1.3. by cumulative issuance request addressed to tourist tours for which a voucher will be issued to be presented at the Carrier's ticket offices.
  • 3.2. By purchasing the ticket, the Passenger explicitly declares that he/she has read these general terms and conditions, which can be consulted at the appropriate section of the Company's website www.navigazionegolfodeipoeti.it, at the ticket offices and on board the ship; he/she also declares that he/she finds them to be in accordance with his/her wishes and accepts their contents in full.
  • 3.3. The ticket must be shown at boarding to the assigned personnel complete with the "passenger copy" and the "valid boarding coupon." The ticket is personal and non-transferable to others; it must be retained for the entire duration of the trip and exhibited at any request of the boarding staff or officials of the Companies in charge of control.
  • 3.4. Pursuant to Article 399 of the Navigation Code, a passenger embarking without holding a paper or electronic ticket (or season ticket) must immediately notify the crew, who will issue the ticket upon payment of the fare. Failing such notice, the unticketed passenger shall be required to pay double the fare to the port to which he or she is bound.
  • 3.5. In the event of repeated violation of the provisions of Paragraph 3 of this Article, whether on the same day or on multiple trips, the non-ticketed passenger shall pay a penalty corresponding to five times the ticket price and, at the discretion of the Company's on-board personnel, the same may be banned from using the navigation service and from boarding the Company's vessels.
  • 3.6. The ticket is valid only for the indicated ride.
  • 3.7. Passengers are required to check the accuracy of the travel information on the ticket at the time of purchase. In case of incorrect information, a late claim after departure is not admissible. Duplicates cannot be issued for the lost or stolen ticket.
  • 3.8. The total amount of the ticket consists of the fare plus any other fees highlighted separately.
  • 3.9. The rates charged by the Company include V.A.T. when due. For rates, please refer to the Company's updated rate schedule found at www.navigazionegolfodeipoeti.it which is an integral part of these terms and conditions. For transportation of bicycles or similar bulky items, the rate is the regular rate reduced by half.

• 4. Boarding regulations
  

  • 4.1. The Passenger must report directly to the ship no later than 30 minutes prior to the scheduled time of departure as indicated in the valid publications (tickets, schedules, fares and other notices). After this time, the Passenger loses all right to board. In case of necessity and/or safety, departures may be brought forward and/or delayed by 1/2 hour from the published time without entitling the Passenger to exercise any right of complaint. For reasons of navigational safety, it is the right of the ship's Command to declare that the capacity of the ship has been reached. In this case, the Passenger retains the right to transportation for the next leg or request a refund of the ticket as provided in Article 9 below.
  • 4.2. Due to the morphological characteristics of some locations reached, access for persons with reduced mobility is not recommended. In any case, the Passenger declares that he/she has previously verified the accessibility in relation to his/her health conditions of the ports he/she intends to reach. The Passenger is aware that the Company has an active service for the prior verification of the accessibility of the destination in the ports of the "5 Terre" by telephone consultation on 0187 732987 or by e-mail at info@ngdp.it. Prior information about the accessibility of the destination can also be issued at the ticket offices.
  • 4.3. In compliance with the International ISPS Code, relating to anti-terrorism regulations, Passengers are required to show the hard copy of their ticket (if received) and a valid identity document and must consent where requested to the inspection of their baggage, should it be requested by the ship's Command prior to embarkation and during the crossing. Any refusal will result in denial of permission to embark. Passengers are therefore obliged to carry with them at all times the follwing: a valid identity document, proof of any fee reduction and the hard copy of the ticket (if received).
  • 4.4. Each Passenger is entitled to free carriage of hand luggage. The luggage must contain personal items of the Passenger that are carried in suitcases, boxes or similar, which do not have bulky structures and whose dimensions do not exceed 50cm. in height, 50cm. in width and 30cm. in depth. Passengers may bring their own luggage with them under their own full responsibility. The Company accepts no liability in case of theft or damage to the luggage. The Carrier assumes no liability either for luggage kept by the passenger or for luggage placed in the areas provided for that purpose, unless evidence is provided of fault on the part of the Company. However, even if the Company's liability is established, the lump-sum compensation may not exceed the limits provided for in Reg. 392/2009
  • 4.5. Special medical conditions must be declared at the time of boarding. The Carrier may refuse boarding to Passengers who require medical assistance during the trip. If the Passenger presents himself/herself with a suitable medical certificate, issued by a public health facility (Hospital, Asl) stating that the Passenger does not require medical assistance during the carriage, the Carrier will board the Passenger, declining all responsibility in this regard. The Master has, moreover, full authority to refuse boarding to anyone who is in such a physical or mental condition that he or she is unable to undertake the journey or to anyone who is, due to abuse of narcotics, hallucinogens, alcohol, dangerous to other Passengers. In all the above cases, the Passenger shall not be entitled to compensation for damages and shall be liable for damages caused to his or her person, the ship, all its fittings and/or equipment, third parties, as well as third parties' property. Acceptance of the passenger on board by the carrier shall not be considered as a waiver of any right to later enforce its reservations about the passenger's condition, whether or not known to the carrier at the time of embarkation and/or departure of the ship.
  • 4.6. Pregnant women who have completed the 6th month of gestation must be, compulsorily, in possession of a medical certificate authorizing travel, to be produced upon request of the cabin crew. In the case of pregnancy with complications, the pregnant passenger must obligatorily be provided with a medical certificate authorizing travel, regardless of the month of gestation. The Onboard Command has, in addition, full authority to refuse her boarding. Consent to embarkation by the Carrier shall not be considered as a waiver of its reservations about the passenger's condition thereafter, whether or not known to the Carrier at the time of embarkation and/or departure of the ship. The passenger shall not be entitled to compensation for damages and shall be liable for damages to her own person, to the ship, to all its fittings and/or equipment, to third parties, and to third parties' property.
  • 4.7. When booking and/or purchasing a Ticket, passengers should indicate if they are persons with reduced mobility in order to receive appropriate assistance to make their crossing smooth and comfortable. For easier access to the ship, passengers with reduced mobility should report to the boarding officer at least 45 minutes in advance of the departure time.

• 5. Rules of conduct while traveling
  

  • 5.1. The Shipboard Command is a judicial police officer and, in this capacity, exercises the powers under Articles 221 et seq. of the Code of Criminal Procedure, in the event that crimes are committed on board in the course of navigation and exercises its authority over all persons on board (crew and passengers).
  • 5.2. The passenger, from the moment of embarkation and until disembarkation including the areas dedicated to embarkation and disembarkation and in the vicinity of the ticket counters, must comply with the instructions given by the ship's Command; he/she must imprint his/her behavior with common diligence and prudence, watching over the safety and security of himself/herself, of the persons and animals in his/her custody, as well as the safety of his/her belongings, and this where the weather and sea conditions of the voyage require it most.
  • 5.3. Passengers should not obstruct staff during docking maneuvers by stopping in the areas designated for that purpose.
  • 5.4. Passengers are required to maintain civil and respectful behavior by avoiding any offensive or detrimental attitude toward other passengers and navigation personnel, and in any case it is strictly forbidden to:
    • a.    Engage in behavior or attitudes that are or may be a cause of disturbance or harassment to other passengers;
    • b.    Exercise the trade of salesman, singer, musician and the like on board and offer services or accompaniment to passengers;
    • c.    Introduce into the lounges animals or things that may inconvenience passengers or are contrary to the rules of hygiene and decorum, except for the exception provided in the fourth paragraph of Article 10;
    • d.    Lie down on couches or place footwear on seats;
    • e.    And use broadcasting devices;
    • f.    tamper with shipboard furnishings and equipment, for the above, passengers should contact ship's personnel only;
    • g.    wear or keep in their luggage arms and ammunition, the same must be handed over at embarkation to the Command of the ship and will be collected only upon disembarkation, the current provisions governing the carrying of arms for personnel of the Armed Forces and Police Forces are not affected;
    • h.    Also carry flammable, explosive, corrosive materials in your luggage;
    • i.    diving off the ship.
  • 5.5. The Passenger is required to comply with safety and public hygiene regulations. In particular, by way of example but not limited to, he or she must not defile seats and furnishings or throw objects of any kind on land or at sea (see the Company's Environmental Policy) or outside the designated receptacles provided for garbage collection, and must use the toilets without causing them to become clogged or soiled.
  • 5.6. The passenger shall not occupy more than one seat per single person and shall not occupy spaces adjacent to safety devices.
  • 5.7. In any case, the purchase of the ticket does not constitute an automatic right with regard to seat availability, as the capacity of the ship, in terms of the maximum number of people that can be carried, is determined according to the specific regulations in force.
  • 5.8. The Company reserves all broader rights to demand payment from the passenger for any material damage caused on board the motor vessel or to the Company's facilities in the areas dedicated to boarding, disembarkation and ticketing services.
  • 5.9. Any non-compliance will result, if necessary, in addition to the possible reprimand by the personnel in charge of on-board controls, in the intervention of the Police Force, which may be summoned for appropriate action.
  • 5.10. In the event of a violation of the obligations of conduct referred to in this article or that may jeopardize the safety of navigation and/or other Passengers, the Commanding Officer of the ship may proceed to disembark, as soon as possible, the Passenger deemed responsible for the violation.

• 6. Special responsibilities and obligations of the passenger
  

  • 6.1. The Passenger is liable for all damages caused (by him or her or by persons or animals in his or her custody) to the ship, its furnishings, facilities and accessories, its equipment, other passengers, Carrier's employees or contractors, third parties, as well as for all penalties, fines and/or expenses to which, for its cause, the Carrier is subjected by any authority.
  • 6.2. The Passenger is required to comply with the rules of conduct dictated by prudence, also in relation to the typical risks of navigation. In particular, the Passenger takes note that the technical fact of navigation is by nature subject to weather and sea conditions and involves inviting rolling and/or pitching movements as well as general wet conditions of surfaces, both external and internal. The Passenger therefore undertakes to follow all the indications of the ship's Command and the signs on board, to make use of all handholds and handrails for support and in general to support and adopt a prudent conduct, declining the Company any responsibility for damage to persons and/or property caused by imprudent conduct.
  • 6.3. Minors under the age of 16 may not travel unaccompanied. They must be in the custody and control of their parents and/or under the responsibility of an adult chaperone/guardian and may not roam the ship unless accompanied.
  • 6.4. Children between the ages of 16 and under 18 may travel unaccompanied, with a completed parental waiver and copies of valid parental or legal guardian documents.
  • 6.5. It is understood that all passengers, including those under the age of 18, must be in possession of valid ID at all times.
  • 6.6. A Passenger who includes in his or her baggage or otherwise introduces on board substances and objects of unlawful possession or contraband shall be liable to the Carrier and/or other obligors for damages, fines and penalties they may incur as a result of said introduction.
  • 6.7. In the event of a claim occurring during carriage or during embarkation or disembarkation operations, the Passenger shall immediately notify the Master of the ship so that he/she may draw up an appropriate report. Failure to do so will result in no claims being recognized for the verification of claims that have not been ascertained.

• 7. Transport of animals
  

  • 7.1. Pets are accepted aboard ships always in the company of their owner and provided that the following rules are followed:
    • a    a leash and muzzle are mandatory for dogs, as are special cages for cats and other small animals;
    • b    Each animal must have a certificate of vaccination and good health valid for not more than 6 months from the date of issue;
    • c    food and beverage containers must be fitted with a lid to prevent spills.
  • 7.2. The Company may refuse to board animals that due to special characteristics (bad smell, state of health, hygiene, or aggressive behavior) are harassing or dangerous to other Passengers.
  • 7.3. The Society accepts no responsibility for damages, of any kind, that may occur during the crossing (illness, injury or death of the animal).
  • 7.4. The Passenger is responsible for any damage that the Company may suffer as a result of transporting pets that do not have the necessary documentation.

• 8. Responsibilities and rights of the Carrier
  

  • 8.1. The Carrier's liability and rights are governed by Regulation (EC) No. 392/2009 of the European Parliament and of the Council headed "Liability of Carriers Carrying Passengers at Sea in the Event of Accident."
  • 8.2. With regard to ferries that operate scheduled service with embarkation and stopover at the 5 Terre landing stations (Riomaggiore, Manarola, Corniglia, Vernazza and Monterosso) for technical reasons pertaining to the safety of navigation, it will not be possible to make crossings in the presence of adverse weather and sea conditions. Where the Master of the ship, in its sole discretion, finds such weather and sea conditions, the ship's departure will be cancelled due to force majeure and the passenger will retain the right to make the crossing on a subsequent departure even on another date. In such cases, the passenger will only have the right to have any fare difference refunded (see Claim art 9) with the exclusion of further compensation for damages.
  • 8.3. In case of inability to disembark at one of the scheduled ports due to force majeure, the passenger may disembark at one of the next ports of call, without surcharge of the ticket price and without any right to compensation or refund.
  • 8.4. If a crossing is cancelled for any reason, passengers may choose between a refund of their originally purchased ticket, as compensation, or they may accept an alternate crossing. Acceptance of an alternative crossing entails waiving the refund of the initial crossing. In such cases, substitution of the leg or refund of the ticket shall be requested according to the appropriate procedure as provided in Article 9 below.
  • 8.5. If the trip is interrupted due to unforeseeable circumstances or force majeure, the passenger is entitled to a refund of the ticket price in proportion to the distance traveled. It is understood that the refund of the ticket price shall not be more than half of the full price of the purchased ticket. In such cases, the procedure for refunding the portion of the ticket price shall be governed by Article 9 below.
  • 8.6. Crossing times are approximate and calculated based on the distance between ports and under favorable weather conditions.
  • 8.7. No compensation or indemnity will be paid by the Company in case of delays from the scheduled departure or arrival times.
  • 8.8. The Company has the right to unilaterally change these general terms and conditions by publication in the appropriate section of the website www.navigazionegolfodeipoeti.it, posting at ticket offices and on board ships. It is understood that the general conditions of transportation valid at the time of ticket purchase will apply to the Service.
  • 8.9. It is the right of the Company to adopt regulations for the conduct of Passengers during transportation and embarkation and/or disembarkation operations. The Regulations will be displayed at the ticket offices and on board the ships. All passengers are required to comply with its requirements as it forms an integral and substantial part of these general conditions.

• 9. Complaint
  

  • 9.1. In all cases in which these general terms and conditions provide for the Passenger's right to a refund of the ticket price or replacement of the route, the Passenger shall go to the Company's ticket offices and make his or her request as governed by these general terms and conditions.
  • 9.2. Any complaints or grievances may be addressed by registered mail with return receipt to Consorzio Marittimo Turistico 5 Terre Golfo dei Poeti Via Minzoni #13 19121 La Spezia, or by pec to the following certified e-mail address: consorziomarittimo@ticertifica.it

• 10. Insurance
  

  • The Carrier has insurance only with regard to their liability to third parties.

• 11. Privacy
  

  • 11.1. Pursuant to Article 13 EU Regulation No. 2016/679, laying down provisions on the protection of personal data, the Company, as data controller, informs that the personal data provided by the passenger will be processed for purposes strictly related to the management of the contractual relationship and the provision of services, including by means of information systems, suitable to ensure their security and confidentiality.
  • 11.2. The disclosures are available at www.navigazionegolfodeipoeti.it privacy section and are intended to be found here.

• 12. Jurisdiction
  

  • 12.1. For any dispute that may arise in relation to the application or interpretation of these general conditions of contract, the competent court for the territory is exclusively that of La Spezia, without prejudice to the mandatory one provided by Italian law for the protection of the consumer.