Costa Cruises 2016-17 - page 69

INFORMATION AND SERVICES •
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taxes will be applied.
With regard to the Emission Trading Scheme (ETS – “carbon tax”) foreseen
by Italian Legislative Decree 257/2010, if the conditions should arise, the tax
charged to each Passenger by the carrier for each charter flight will correspond
to the product of the tonnes of Jet Aviation Fuel burned for each seat/rotation
[A], multiplied by the “average market value” of the previous month’s pollution,
as reported by the carrier, n-1 [B], multiplied by the coefficient 3.15 [C]. The ETS
average market value can be found on the website
. The amount
of fuel consumed by each passenger, as declared by the carrier, is the following:
Flight duration Destinations Fuel (per person)
Up to 2h Italy, Europe, the Balearic Islands, Tunisia 0.0701
2 to 3h Greece, Turkey 0.0968
3 to 4h Israel, Portugal, Russia 0.1380
4 to 5h Canary Islands, Egypt, Jordan 0.1555
5 to 7h Cape Verde, United Arab Emirates 0.2440
7 to 8h Kenya, Tanzania 0.3914
8 to 9h Dominican Republic, Guadeloupe, Jamaica 0.4392
9 to 10h Brazil, Maldives, Madagascar 0.4769
10 to 11h Cuba 0.5022
over 11h Japan, Mexico 0.5307
Example: flight to Guadeloupe, assuming an ETS market value of € 6.90
0.4392 tonnes[A] x Euro 6.90 [B] x coefficient 3.15 [C] = € 9.55 R/T (approx. €
4.77 each way).
4.4 The indicated prices are per person. Nevertheless, if a Passenger becomes
the sole occupant of a cabin due to the withdrawal or cancellation of the other
occupants, the Passenger in question will be required to pay a single cabin
supplement.
5. MODIFICATIONS TO THE VOYAGE
5.1 If the Organiser is forced to make any significant changes to one or more
aspects of the contract prior to the departure date, pursuant to article 40 of the
Tourism Code, the Organiser shall immediately notify the Passenger in writing,
indicating the type of modification in question and the resulting price variation.
5.2 If the Passenger should refuse to accept the modification proposed pursuant
to section 5.1, the Passenger shall be entitled to withdraw from the contract
without paying any penalties, and shall also be entitled to the provisions foreseen
under section 6.1.
5.3 If the Passenger does not notify the Organiser of his/her decision (even via the
Travel Agency where appropriate) within two business days of receiving notice of
the modification, the modification itself will be deemed to have been accepted.
5.4 If an essential part of the services foreseen by the contract cannot be provided
after departure, the Organiser shall arrange for adequate alternative solutions
for the remainder of the scheduled voyage, in accordance with the maritime
technical and safety requirements and at no additional charge of any kind to
the Passenger, or else shall reimburse the Passenger for the resulting difference
between the services originally foreseen and those actually provided, in addition
to providing compensation for damages.
5.5 If no alternative solution is possible or the solution proposed by the Organiser
is turned down by the Passenger for acceptable, justified and proven reasons,
the Organiser shall provide an equivalent means of transport for the return to
the point of departure, or to any other destination that may be agreed upon, and
shall reimburse the Passenger for the resulting difference between the services
originally foreseen and those actually provided up until their early return.
5.6 Pursuant to art. 41 of the Tourism Code, the organiser may review and adjust
the fixed sale price of the holiday package.
5.7 In the event of a price increase, this may not exceed ten percent of the original
amount of the price.
5.8 If this price increase should exceed the percentage indicated in section 5.7,
the Passenger shall have the right to withdraw from the contract and receive
reimbursement for any amounts already paid to the other party.
5.9 Whatever the case, the price may not be increased within twenty days of the
scheduled departure.
6. CANCELLATION BY THE PASSENGER
6.1 Pursuant to article 42 of the Tourism Code, the passenger may withdraw from
the agreement without incurring any penalty under the circumstances foreseen
under article 5, or if the holiday package is cancelled prior to departure for any
reason not attributable to the Passenger. In such cases, if the passenger should
decide to withdraw from the agreement, he or she shall have the right to select
an alternative holiday package of equal or greater value without incurring any
surcharges, to select a holiday package of lesser value with the price difference
being reimbursed, or else to have the monetary amounts already paid entirely
refunded within seven business days of the withdrawal or cancellation.
6.2 In the cases foreseen under the previous section, the passenger shall have the
right to be reimbursed for all other damages suffered as a result of the contract’s
cancellation.
6.3 Section 6.2 shall not apply if the cancellation of the holiday package is due
to the failure to reach the minimum number of participants required and the
Passenger was informed in writing at least twenty days prior to the scheduled
departure date, or is otherwise due to a force majeure event, and, in any event,
with overbooking being expressly excluded.
6.4 Customers who withdraw from their agreements for reasons other than
those specified in the previous section will be charged the sums indicated in the
following table as a percentage of the price for the relative package:
6.5 In the event of a cancellation covered by an insurance policy, the Organiser
must be notified at the same time as the insurer. Any difference between the
sums owed by the passenger according to the terms of article 6.4 above and the
sums paid by the insurance company will be payable by the Passenger.
6.6 In the event of refusal to make use of the air transport purchased together
with the cruise, the penalties and other clauses foreseen by the general contractual
conditions of the air carrier and/or air transport contract will be applied.
6.7 In accordance with article 32 of the Tourism Code, the right of withdrawal is
expressly excluded for bookings made by calling the number +39 0104206099
or via the website
7. SUBSTITUTIONS
7.1 A Passenger who is unable to participate in his/her cruise may be substituted
by another person, provided that:
a) the Passenger provides the Organiser with written notice of the substitution
and the substitute’s details within 4 business days of the departure date;
b) there are no reasons relating to passports, visas, health certificates, hotel
accommodations, transport services, or any other issues that could impede the
substitute from participating in the cruise according to the same terms as the
original Passenger;
c) the substitute pays the Organiser the amount indicated under article 7.2 below
and, in the case of holiday packages including flights, any substitution charges
applied by the airline.
7.2 The Passenger will also be required to pay a booking amendment fee of
€ 50 per person. The original and substitute passengers shall also be jointly
responsible for paying the balance of the Contract Price, as well as the amounts
referred to under letter c) of article 7.1 above.
7.3 The transportation ticket may only be transferred if the substitution is made
in the contract, as indicated in the previous sections.
7.4 The right to substitution described in the previous sections remains subject
to the exclusions and limitations foreseen by the specific regulations (particularly
those regarding security) applicable to the individual services comprising the
package.
7.5 Substitutions made for reasons other than the Passenger’s objective inability
to make use of the holiday package, or communicated to the Organiser beyond
the deadline specified in article 7.1 above, shall be considered equivalent to a
cancellation by the original Passenger and a new booking by the intended
substitute, thus requiring the original Passenger to pay the amounts indicated
under article 6.4, and the intended substitute to pay the entire purchase price.
8. CANCELLATION BY THE ORGANISER
8.1 If the Organiser should notify the Passenger of the contractual package’s
cancellation for any reason whatsoever prior to departure (unless the cancellation
is due to the fault of the Passenger), the Organiser shall offer the Passenger a
replacement holiday package, if possible. The Passenger shall have the right to
either accept this replacement, or to receive a refund in accordance with the
methods described below. The replacement holiday package offered by the
Organiser must be of a value equal to or greater than that which has been
cancelled. If the Organiser is unable to offer a replacement holiday of equal or
greater value, the Passenger shall be entitled to receive a refund for the difference.
8.2 Except in situations beyond the Organiser’s control (including force majeure)
or upon failure to reach the minimum number of participants for the Holiday, and
in the event that the Passenger refuses the replacement holiday package offered
by the Organiser, if the Organiser should cancel the holiday package pursuant to
article 33, letter e) of Italian Legislative Decree 206/2005, the Passenger shall
be reimbursed double the amount actually paid and effectively received by the
Organiser. The amount to be reimbursed shall never exceed twice the amounts
owed by the Passenger on the date in question, in accordance with the provisions
of article 6.4. Therefore, in the event that the holiday package should be cancelled
45/60 days prior to the departure date, the Organiser shall only be required to
reimburse the Passenger for the total amount paid and effectively received by
the Organiser.
8.3 In the event of the aforementioned situations beyond the Organiser’s control
(including force majeure) or failure to reach the minimum number of participants
for the Holiday (if communicated by the Organiser at least 20 days prior to the
departure date), and in the event that the Passenger refuses the replacement
holiday package offered by the Organiser, the Passenger shall only have the right
to receive reimbursement for the amounts effectively paid within 7 business days
of the cancellation itself.
9. PASSENGER OBLIGATIONS
9.1 Based on his/her nationality, each Passenger must have an individual
passport and/or other travel document valid for all the countries included on
the itinerary, as well as any tourist and transit visas and health certificates that
may be required. Unless otherwise specified, the information contained within
the catalogues refers to passengers who are citizens of the country in which the
catalogue is published.
9.2 The passenger must also conduct him or herself in such a way so as not to
interfere with the safety or disturb the peace and enjoyment of the cruise by the
other Passengers, and must act in accordance with the rules of normal prudence
and diligence, follow all the instructions issued by the Organiser, and comply with
all the administrative and legislative regulations relating to the voyage.
9.3 Passengers may not bring goods, live animals, weapons, munitions, explosives
or flammable, toxic or hazardous substances on-board the ship without the
written consent of the Organiser. The Passenger is also forbidden to bring and/
or use the following types of items (for exemplary and non exhaustive purposes)
on-board the ship or in their cabins: irons, space heaters, boilers, electric heaters,
hair dryers, stoves, etc.
9.4 The passenger shall be held responsible for any damages that may be suffered
DAYS
BEFORE DEPARTURE
CRUISES, AROUND
THEWORLD VOYAGES,
AND SINGLE TRACTS
DAYS
BEFORE DEPARTURE
ALL OTHER CRUISES
(excluding
promotions)
5 days or less
100%
5 days or less
100%
6 to 11 days
100%
6 to 9 days
75%
12 to 19 days
80%
10 to 14 days
75%
20 to 27 days
60%
15 to 29 days
50%
28 to 44 days
40%
30 to 44 days
30%
45 to 59 days
25%
45 to 59 days
20%
60 to 89 days
25%
60 to 89 days
$ 50 per person
90 days or more
15%
90 days or more
$ 50 per person
1...,59,60,61,62,63,64,65,66,67,68 70,71,72,73,74
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