MARITIME PASSENGER TRANSPORT CONTRACT
PURPOSE – Transport contract:
The following clauses, without prejudice to what is established in the Portuguese legislation in force, in the International Conventions in force on Passengers and Luggage Transport by Sea and to Regulation (EU) No 1177/2010 concerning the Rights of Passengers Travelling by Sea, regulate this Maritime Passenger Transport Contract (Contract) operated by the Carrier, on its own ships or chartered ships, and are available for consultation, on the website, at the Carrier offices, at the Ticket Offices, at the boarding and disembarking places, at the travel agencies and at any other places considered fir by the Carrier.
TRAVEL TICKET – Definitions, validity and tariffs:
a) Definition: Ticket containing the identification of the parties, nationality of the passenger, age, date, time, luggage weight limit, identification of the tariff and reference back to these clauses of the Contract;
b) Luggage Receipt: testifying document received for the checked luggage, if implemented by ENM Ferries, with relevant weight, each passenger being entitled to transport, as checked luggage or hold luggage, a volume whose weight cannot exceed 25 Kg; any luggage exceeding the mentioned weight can be transported as an extra volume, an additional value being established;
c) Validity: the ticket is valid for transport, for 60 days, as from the date scheduled for each trip, except if another period is established in the ticket and until the last trip envisaged in the Offer Annual Plan for the current year; the tariff or ticket price is subject to changes, therefore the Carrier can refuse the transport if the applicable tariff has not been paid and the passenger does not pay the difference. In the case of open tickets, they are valid for transport, for 60 days, as from the date scheduled for the trip, in one of the directions, until the last trip envisaged in the Offer Annual Plan for the current year, subject to availability;
d) Other information: On the Ticket there will be information on the following issues in two languages (Portuguese and English): place where the conditions and limits of this Maritime Passenger Transport Contract can be found, boarding time or indication of open ticket, ticket validity, maximum luggage volume, information on the dates of the promotions and possibility of change of the dates of the trips.
NOURISHMENT: Not included in the price:
The ticket price does not include the cost of the passenger’s nourishment during the trip; the passenger has, however at his/her disposal the service of bars on board of the ship which, although they are not explored by the Carrier and are not of its responsibility, allow the purchase of food and drinks.
The passengers must be present for boarding at least 60 minutes before the scheduled departure time, otherwise the boarding will not be allowed.
LUGGAGESS: Definitions and Responsibility:
a) Hand or Cabin Luggage: It covers exclusively objects belonging to the passenger, the Carrier not being responsible for them, under any circumstance, except if sea-related events occur, in which case it falls to him/her that the events, in this case, were not a result of his fault or the fault of its employees;
b) Valuable Luggage: The Carrier is not responsible, in case of loss or damage, for valuable goods, in particular marketable securities, gold, silver, jewellery, jewels, objects of art, audio-visual equipment, cameras, video cameras, IT material or sports equipment, in particular of fishing or diving, which will be for all purposes equivalent to hand or cabin luggage, even if they are checked as hold luggage;
c) Hazardous Cargo and Animals: Except for the provisions of special legislation, it is not allowed to transport any type of explosives, flammable materials, hazardous cargo, as classified by IMO. As regards living animals, including pets, they must be transported in adequate containers to be provided by the owner and/or in a compartment appropriate for the purpose, according to the size of the animal, the Carrier not being liable for their adequacy and conditions;
d) Weapons: The transport of weapons and ammunitions is only permitted upon production of the relevant licence and they must be delivered to the person in charge of the ship and transported in a special compartment;
e) Checked or Hold Luggage: The Carrier is responsible for the damages caused to the luggage, irrespective of the fact that it issues or not the corresponding detailed receipt, in particular with the mention of weight and/or nature, and provided that is proven that the Carrier or its employees have committed a fault in the exercise of their functions;
TRANSPORT OF VEHICLES:
a) Price: The passenger ticket price does not include the right to transport vehicles, with or without engine, except for the sale of combined/composite Tickets which include the transport of vehicle with driver;
b) Boarding: The vehicles must be present for boarding at least 60 minutes before the scheduled departure time, otherwise the boarding will not be allowed;
c) Without Driver: The transport of vehicle without driver is subject to a special tariff;
d) Removal: The transport of vehicles on the no car deck implies its immediate removal by the owner/driver/responsible, at the arrival of the port of destination, in order not to disturb the disembarkation of other vehicles and cargo;
e) Non-removal: Non-compliance with the provisions of the previous sub-paragraph implies that the Carrier performs the mentioned service, upon remuneration, in order to avoid delays in disembarkation, and does not assume any responsibility for any breakdowns that may occur, either to the vehicle in question or to other vehicles in result of its removal from the ship by the employees or workers of the Carrier, as well as for fines, sanctions or levies, in particular in result of undue parking on the a public road or in any other place;
f) Damage or theft: The Carrier shall not be liable for damages or thefts in the vehicles transported on the car deck, unless they are caused by damage or omission that may constitute a fault or negligence of the Carrier or its employees, and the burden of proof lies on the aggrieved persons.
RESPONSIBILITY OF THE CARRIER:
a) Responsibility: The Carrier shall be liable for the damages caused to the passenger, in the ship, during the trip, at boarding or disembarkation, for the checked or hold luggage and hand luggage, as a consequence of shipwreck, collision, explosion or fire of the ship, and the burden of proving that the events did nor result from its fault or the fault of its employees lies on it;
b) Hold Luggage: Without prejudice to the provisions of sub-paragraphs c) and d) above, the Carrier is responsible for the damages caused to hold luggage, irrespective of the fact that it issues or not a testifying receipt, mentioning in particular the weight and/or nature.
c) Proof: It falls to the aggrieved person to prove that the Carrier did not comply with any of its obligations, or that the fact resulted from his fault or the fault of its employees, workers or agents;
d) Maximum Amounts: Are those established, including deductibles to be deducted from the amount of losses and damages, at each moment in the Portuguese legislation in force, in the International Conventions in force concerning the Passengers and Luggage Transport by Sea and in the Regulation (EU) duly insured by insurances with adequate coverages and calculated based on Units of Account and Conversion (Special Drawing Rights);
e) Units of Account and Conversion: The units of account are Special Drawing Rights as defined by the International Monetary Fund (IMF), converted in Euros, at the date of the occurrence of the event having generated the liability and are established by passenger and by transport;
f) Extension: The exceptions or limitations of liability of the Carrier shall apply to the its agents, employees and representatives and to any person whose ship is used by the Carrier in the execution of the transport, as well as by its agents, employees and representatives.
COMPLAINTS AND DEADLINES:
a) Personal Damages and Luggage: The complaints must be submitted at the moment of disembarkation and confirmed in writing to the Carrier or its representative within of 2 months as from the date of the trip, the date of the provision of the service or the date when the service should have been provided.
b) Exercise of the Right:
– The right to compensation arising from a breach of the Contract must be exercised within 2 years as from the date when the disembarkation actually took place or the date schedule for the disembarkation (Article 16, paragraph 2, of Decree-Law No 349/86, of 17 October).
– The carriers have a mechanism of processing the complaints at the disposal of the passengers, at the headquarters or at the email address email@example.com, for the submission of complaints, to inform the passengers of their status, within one month and take a decision within two months, as from the date of receipt.
– Without prejudice to the provisions of the sub-paragraphs, the carriers have a Complaints Book, according to the terms and conditions established by Decree-Law No 156/2005, of 15 September, amended by Decree-Laws Nos 371/2007, of 6 November, 118/2009, of 19 May and 317/2009, of 30 October.
a) Schedule information: The Carrier undertakes to make all efforts in order to transport the passenger, his/her vehicles and luggage within a reasonable time, but it cannot guarantee the time indicated for departures and arrival although it undertakes to warn the Passengers, by all available means, to the contacts provided by them, of any delays or cancellations, as well as to inform them of the expected time of departures and arrivals, according to the terms and deadlines established in the legislation referred to in Clause 1;
b) Replacement: The carrier can, in unforeseeable circumstances or case of force majeure and without previous notice, arrange to be replaced by other Carriers or use other ships, provided that it ensures that all the sips used meet the technical requirements provided for in the specifications of the “international invitation to tender for the concession of public services of passenger and car maritime transport by ferry between Madeira and Mainland Portugal”, and change or omit calls indicated on the ticket, case it is needed;
c) Changes: The schedules can be changed, in which case the Carrier does not assume responsibility as to connections with other services, but it shall however inform the passengers of such change as soon as possible and by all available means, to the contacts provided by them, giving them the option to accept or not the change, and in case they do not accept it they shall be refunded for the value of the ticket already paid.
OBLIGATIONS IN CASE OF INTERRUPTION OR DELAY OF THE TRIP:
a) Rights of the Passengers: Without prejudice of the right of assistance, re-routing or refund, in case of responsibility of the Carrier, the rights of the Passengers shall be ensured in accordance with what is established in the Regulation EU No 1177/2010;
b) Exceptions: The rights provided for in the previous sub-paragraph shall not apply, there being no obligation of payment of any refund or compensation by the Carrier to:
(i) Passengers holders of open Tickets without having booked the trip; and
(ii) Passengers holders of Tickets issued with time of boarding, who do not present themselves for boarding in accordance with clause 4;
c) Exoneration of responsibility: In case of cancellation, delay or re-routing caused by meteorological conditions that may endanger the security of the ship or for exceptional circumstances which may affect the provision of the service of transport contracted, the Carrier is exonerated from the obligations provided for in sub-paragraph a) above, no compensation being due to the passengers.
a) Boarding: The passenger who does not present himself/herself for boarding, according to the terms and time indicated on the ticket, and who has booked the trip is obliged to its full payment integral, with no right to any refund;
b) Combined Ticket: In the tariffs/promotions whose ticket includes the cumulative transport of passenger(s) and vehicles the passenger(s) must present themselves for boarding together with the vehicle at the check-in desk up to 60 minutes before the time scheduled for the departure of the ship, otherwise the passengers who do not present themselves together with the vehicle shall lose the validity of their tickets, with no right to any refund from the Carrier.
c) Unilateral Resolution: However, if within 48 hours, before the beginning of the trip, the passenger unilaterally terminates the Contract, he/he shall be refunded in the amount corresponding to half the ticket price;
d) Situation of Death or Illness: If the boarding does not take place, due to passenger’s death, illness or any other similar circumstance that in an objective and proven way prevents the passenger from travelling and such fact is communicated to the Carrier until the deadline for boarding, a refund corresponding to half of the ticket value shall be made;
PASSENGERS WITH SPECIAL NEEDS:
Passengers with special needs (mobility, blind people and oxygen dependent people) should contact the Carrier and the crew members before purchasing the ticket and boarding in order for all the support to be provided to them, concerning accesses, escorts, assistance dogs or special assistance, at least 48h in advance.
a) The provisions of these general clauses are without prejudice to the possibility of application of special and/or promotional tariffs subject to specific rules, in particular concerning the values established for compensation, which shall always be calculated based on the tariff actually paid;
b) These clauses and the rules contained in the Portuguese legislation in force, in the International Conventions in force concerning the Passengers and Luggage Transport by Sea and in the Regulations (EU) shall not apply to transport free of charge, except for those concerning the responsibility of the carrier for Personal Damages and for Sea-relates Events.
Jurisdiction: For the settlement of any disputes arising in relation to this Contract, the Parties agree that the place of jurisdiction will be Madeira, with express waiver of any other