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• INFORMATION AND SERVICES
by the Organiser as a result of his/her failure to comply with the obligations
set out above. More specifically, the Passenger shall be held responsible for any
damages caused to the ship or its furnishings and fittings, damage caused to
other passengers and third parties, and all sanctions, fines and costs to which the
Organiser is subjected by the port, customs or health authorities, or by any other
authorities in any of the countries on the cruise itinerary, due to the Passenger’s
conduct.
9.5 The passenger must provide the Organiser with all the documents,
information and other materials in his or her possession that may be necessary
to act on his/her behalf in relation to any third parties responsible for damages
suffered by the passenger, and shall be held responsible by the Organiser in the
event that this right to act on his/her behalf should be compromised.
9.6. The passenger must provide the Organiser with all the information necessary
to enable the latter to comply with its security obligations, with particular
reference to the terms of EC directive 98/41 and the Italian Ministerial Decree of
13 October 1999. The data collection procedures (including images) and relative
processing will be carried out in accordance with the rules established by EC
Directive 95/46 and Italian Legislative Decree no. 196 of 30 June 2003.
9.7 Passengers are required to take part in all the emergency drills and activities
(passenger instructions) that the Organiser holds on-board the ship. Pursuant to
art. 186 of the Italian Navigation Code and the provisions of art. 10.2 below,
in the event that a passenger should fail to comply with this requirement, the
Captain may take any measures deemed necessary, including the disembarkation
of the passenger.
10. POWERS OF THE CAPTAIN
10.1 The Captain of the ship is fully entitled to proceed without a pilot, to tow
and assist other ships under any circumstances, to deviate from the plotted
course, to put into any port (regardless of whether this is on the ship’s itinerary),
and to transfer the Passenger and his or her baggage to another ship in order to
continuing the voyage.
10.2 The Passenger is subject to the disciplinary powers of the Captain of
the ship in relation to all matters concerning the safety of the vessel and its
navigation. More specifically, this means that the Passenger must comply with all
the instructions and orders they receive on-board in this regard, including those
concerning the instructions and emergency drills mentioned in article 9.7.
If the Captain deems a passenger to be unable to undertake or continue on the
voyage for any reason, or believes that they may pose a risk to the health and
safety of the other passengers and crew, or to the safety of the vessel itself, or
finds that his/her conduct compromises the other Passengers’ ability to enjoy
the cruise, the Captain shall have the right, based on the circumstances, to a)
prevent the Passenger concerned from coming aboard the vessel, b) have the
Passenger disembark at an intermediate port, c) prevent the Passenger from
disembarking at an intermediate port, d) deny the Passenger access to specific
areas of the ship or prohibit him/her from taking part in specific activities on-
board. Similar measures may also be independently adopted by airlines or other
service providers, within the limits of their legal and/or contractual rights, and
the Organiser shall bear no responsibility for any such measures that may be
adopted.
10.3 The Organiser and the Captain of the ship will have the right to carry out any
order or directive issued by the Governments or Authorities of any State, or by
parties acting or declaring that they are acting on behalf of and with the consent
of such Governments or Authorities or any other parties with the right to issue
such orders or directives, on the basis of the conditions of the ship’s insurance
cover against risk of war. No actions or omissions on the part of the Organiser
or Captain in relation to or as a consequence of such orders or directives will
be regarded as non-compliance with the contract. The disembarkation of the
passengers and their baggage in accordance with such orders or directives
releases the Organiser from any responsibility for the continuation of the voyage
or the repatriation of the passengers.
11. SEIZURE AND RETENTION
The Organiser has the right to seize and retain the baggage and other property
of the passenger, and to use these items as collateral for the payment of any
additional sums owed by the passenger for the goods and services purchased
on-board.
12. ACCOMMODATION ON-BOARD THE VESSEL OR IN HOTELS
12.1 The Organiser has the right to assign the passenger to a cabin different from
that agreed upon, provided that it belongs to the same category.
12.2 When included in the package, and where no official hotel classification
exists, the hotel accommodation will be assigned based on criteria reasonably
equivalent to the classification system in use in Italy.
13. RESPONSIBILITIES OF THE ORGANISER
13.1 The Organiser is responsible for any damages caused to the passenger as
a result of the total or partial failure to provide the services due under the terms
of the contract, whether these are to be provided by the Organiser in person or
by third party service providers. The Organiser shall not be held responsible if
the damages are caused by the actions of the passenger (including any initiatives
taken by the latter during the execution of the holiday services) or a third party
not involved in the provision of services under the terms of the agreement, by
unforeseen or uncontrollable circumstances, or by any other circumstances that
the Organiser could not have foreseen or resolved with the application of due
professional diligence.
13.2 All the exemptions, limitations of responsibility, justifications or objections
that could be invoked by the Organiser under the terms of this contract also
extend to all the parties who are or could be regarded as the personnel of the
Organiser, or act as assistants, agents, subcontractors or consultants to the
Organiser in any form, as well as the Organiser’s insurance providers.
13.3 The Organiser is not responsible to the passenger for any failure on the part
of the Travel Agency, or any other intermediaries involved in the stipulation of the
contract, to fulfil their respective obligations.
13.4 Once the Organiser has compensated the Passenger, it takes over the latter’s
rights and entitlement to take action against the liable third parties.
14. LIMITS OF COMPENSATION
14.1 Under no circumstances will the compensation owed by the Organiser be
greater than the indemnities that apply and the limitations to these as established
by European Regulation no. 329/2009 and by the Italian and international
regulations in force concerning the service whose failed provision resulted in the
damage in question, where applicable.
14.2 If the Organiser is also the builder and/or owner and/or operator and/
or charterer of the vessel used for the cruise, the regulations concerning the
limitation of debt under Articles. 275 et seq. of the Italian Navigation Code, or,
where applicable, European Regulation no. 392/2009 as amended, shall remain
in effect.
15. EXCURSIONS
15.1 The excursions are subject to the general contract conditions of the local
operator supplying the services and the applicable national regulations.
15.2 The prices and itineraries of the excursions as published in the catalogue
are provided merely as a guideline, and are subject to variations. The schedules
and itineraries of the excursions may be subject to change due to circumstances
beyond the Organiser’s control, such as weather conditions, strikes, transport
delays, etc., and based on the operating requirements of the individual service
providers.
15.3 If an excursion is cancelled for technical reasons, due to unforeseen or
uncontrollable circumstances, or due to failure to obtain the minimum number of
participants, Costa Crociere shall reimburse the Passengers.
15.4 Unless otherwise specified, the excursions will take place using vehicles which
are not specifically equipped for Guests with mobility problems. Nevertheless,
Costa can recommend excursions suitable for the Guest’s specific needs upon
request. Excursions suitable for Guests with slight mobility problems are marked
with an appropriate symbol. Prior to purchasing an excursion, therefore, Guests
are advised to gather additional information concerning accessibility for disabled
participants via the Internet, the catalogue, or the toll-free number.
15.5 Special conditions, requirements, or regulations may apply to certain types
of excursions, based on the specific circumstances, such as the use of vehicles
driven by the Passengers themselves.
16. AIR TRANSPORT
16.1 When a flight ticket or other travel document is issued by an airline in the
name of the Passenger and this is accepted by this latter, an air transport contract
is established between the passenger and the issuing airline.
16.2 With regard to air transport of any kind, Costa Crociere does not assume
any role or capacity as a carrier, as this role is assumed exclusively by the airline
indicated (and/or those delegated to act on its behalf) along with all the relative
risks and responsibilities, which therefore cannot be attributed in any way to
Costa Crociere, even indirectly or via intermediaries. The rights of the Passenger
based on the air transport contract and the regulations applicable to the same
(Montreal Convention of 28 May 1999, EC regulation no. 889/2002, and the
national regulations in force), including the right to compensation for damages
in the event of death or personal injury, are therefore limited to the relationship
between the passenger and the airline. The airline is exclusively responsible for
the obligations pursuant to EC regulation no. 785/2004.
16.3 If the legally valid flight ticket is not attached to the documentation supplied
to the Passenger by Costa Crociere, it must be requested by the Passenger directly
from the airline. The airline guarantees the existence of the ticket in question,
its custody for merely logistical reasons, its conformity with the applicable
regulations, and its immediate and unconditional availability to the Passenger, at
its own expense and upon its own responsibility, with the understanding that the
airline has also issued identical guarantees to Costa Crociere.
16.4 The obligations required by EC regulation no. 261/2004 apply exclusively to
the operating airline, as defined in the Regulation in question, and no responsibility
in this regard shall be assumed by Costa Crociere in its capacity as Organiser or
for any other reason. Any claims that the Passengers may have pursuant to EC
regulation no. 261/2004 must therefore be addressed to the operating airline. In
exercising their rights deriving from EC regulation no. 261/2004 in relation to
the operating airline, the Passengers must take the necessary care to safeguard
the execution of the holiday package as a whole, and to avoid compromising the
rights and faculties of the Organiser based on this contract and the regulations
applicable to the same.
16.5 Costa Crociere will include a flight memo in the documentation supplied
to the Passengers, which serves the sole purpose of reminding the Passengers
of their flight information. The inclusion of the flight memo and/or warnings
or other information on air transport and the legislation and contract clauses
applicable to the same in the documentation supplied to the Passengers should
therefore be regarded as for information purposes only. The name of the airline,
the flight number, the departure times, and the locations will all be communicated
3 months prior to departure at the latest. If the booking is made less than 3
months prior to departure, this information will be communicated within 3
business days of the date upon which the booking was made.
16.6 The use of hard copies, trade marks, logos or any other elements making
reference to Costa Crociere in the documentation referred to in article 16.5 is due
to printing requirements only, and cannot be regarded as a modification and/or
denial, even in a tacit or partial sense, of the other terms of this article.
16.7 Any cases of withdrawal and/or failure to use the airline on the part of the
Passenger shall be governed by the airline’s general conditions and/or the terms
of the transport contract.
17. SHIP’S DOCTOR
17.1 The use of the services provided by the ship’s doctor is voluntary, and any
fees due will be payable by the Passenger.
17.2 The decisions of the ship’s doctor as to whether or not the Passenger is
fit to board the vessel and/or continue with the cruise are binding and are not
subject to appeal.
18. CUSTODY OF VALUABLES
A safe deposit box service is made available to the Passengers on-board the
ship. The Organiser shall bear no responsibility for any cash, documents, bonds,
jewellery or other precious items that are not kept in these safe deposit boxes.
