Passenger Maritime Transport Agreement
OBJECT - Contract of transport:
The following clauses, notwithstanding the provisions in national legislation in force, the International Covenants prevailing on the Carriage of Passengers and their Luggage by Sea and of Regulation (EU) No 1177/2010 on the Rights of the Maritime Transport Passengers, drew up this Agreement of Maritime transport for passengers (Agreement) made by the Carrier, in own and chartered vessels. They are available for consultation on the website, in Carrier's office, in ticket offices, at boarding and disembark travel agencies and any other places that the Carrier sees fit.
TICKET - Definitions, validity and fare:
a) Definition: ticket containing the identification of the parties, date, time, baggage weight limit, the rate and reference to the present provisions of the agreement;
Receipt of Luggage: evidence received by checked baggage, if implemented by the PSL, with its weight where each passenger has the right to transport baggage where the volume weight does not exceed 25 kg; all the baggage that exceeds this weight can be carried as extra volume, by stipulation of an additional amount;
Non-transferability: the ticket is not transferable and the passenger may not assign its contractual position;
d) Validity: The ticket is valid for 90 days, from the scheduled date of each trip, unless a different deadline is set on the ticket; however, the ticket rate is subject to change; the Carrier may refuse to transport if the applicable fare has not been paid, or the Passenger has not paid the difference. The “open” tickets are valid for transportation during 90 days, from the set date of sailing, in one of the legs.
e) Other information: the ticket will contain information on the following subjects in two languages (Portuguese and English): where the conditions and limitations of this Maritime Passenger Transport contract are set out, where the ticket is left open, ticket validity, maximum volume of luggage, information on dates of promotions and possibility of changing travel dates.
FOOD: Not included in the price:
The ticket price does not include the passenger food costs during the trip; the passenger has, however, the option offered at indicated locations on board, at suitable prices.
a) Passengers should present themselves to board at least 30 minutes before the estimated time of departure; otherwise boarding will not be allowed.
b) In compliance with the Resolution of the Government of the Autonomous Region of Madeira no. 839/2020 of November 5th, before boarding, passengers must have their body temperature measured and if it is 38C or above, the passenger, including their luggage and/or car, will be denied boarding.
LUGGAGE: Definitions and Responsibility:
a) Hand or Cabin: the Carrier does not take responsibility for any personal objects belonging to passengers with the exception to maritime incidents proving that the events were not caused by the carrier and staff;
b) Dimensions: each passenger is only allowed one hand luggage item (including handbags and luggage laptops) with the maximum dimensions of 56x45x25cm; any luggage that does not comply with these regulations will have to be carried as checked baggage and must be left in existing luggage carts for the purpose;
c) Luggage value: the Carrier is not liable in case of loss or damage, for valuable goods, including, gold, silver, jewelry, art objects, audio-visual equipment, cameras, camcorders, supplies or sports equipment, including fishing or diving, which will be for all purposes treated as hand luggage or cabin, even if checked in as hold baggage;
d) Dangerous Goods and Animals: beyond the provisions of special legislation, transporting any types of explosives, flammable materials, hazardous materials are not permitted, as classified by the IMO. Live animals, including pets, should be properly transported in compartments appropriately provided for by the owner and / or special compartment for that purpose, depending on the size of the animal. The Carrier is not responsible for the adequacy of their conditions;
e) Weapons: transport of weapons and ammunition is only allowed upon showing a license and are handed over to the head of the ship and transported in special compartments;
f) Dispatched or hold baggage: the carrier is liable for damage to baggage having issued or not the corresponding descriptive receipt, namely the weight and / or nature, and if it is proven that the Carrier or staff committed a fault in the performance of their duties;
a) Price: the price of passenger ticket does not include the right of transporting vehicles, with or without motor, except the combined ticket which includes car transport vehicles with a driver;
b) Presentation: vehicles must be present to board a minimum of 30 minutes beforehand not being permitted to do so otherwise.
c) No driver: the vehicle with no driver is subject to tariff;
d) Withdrawal: vehicles on car deck must assume its immediate withdrawal by the owner / driver on arrival at the destination port, so as not to cause delays of other vehicles and cargo;
e) No Withdrawal: the failure to comply in the previous paragraph implies that the Carrier perform this service on remuneration, in order to avoid delays in landing and does not assume any responsibility for faults that may occur, either to the vehicle or to other vehicles resulting from its withdrawal of the vessel by officials or employees of the Carrier, as well as fines, penalties or fees, including those resulting from improper parking in the street or anywhere else;
f) Damage and Theft: the Carrier is not liable for damages and thefts in vehicles transported on car deck unless they result from damage or willful or negligent omission of the Carrier or its staff, were proven otherwise;
"a) Responsibility: the Carrier may be liable for damage that the passenger suffers, on the ship, while traveling, boarding and disembark, the checked luggage, hold luggage and hand, as a result of shipwreck, collision, explosion or fire in the ship, having been proven that the events did not result from the Carrier or staff;
b) Hold baggage: without prejudice to the provisions in c) and d) below, the carrier is liable for damage caused to hold baggage having emitted or not the corresponding receipt, in particular with reference to weight and / or nature, being their responsibility individually or luggage volume of € 500 ( five hundred Euros);
c) Proof: it is up to the victim to prove that the Carrier did not observe any of your obligations, or that it resulted from your fault or their officials, staff or agents;
d) Maximum Amount:
(i) 833 units of hand baggage and transport, in the case of heavy luggage before boarding
(ii) 1,200 units of hold baggage and transport, in the case of heavy luggage before boarding; and
(iii) 3,333 units per vehicle, per carriage
e) Damages for Death or Bodily Injury: without prejudice to a) and b), the Carrier's liability in case of death or personal injury is limited to 46 666 units
f) Deductible: the amounts referred to in the preceding paragraphs may be deducted, corresponding to: (i) 117 units in respect of vehicles;( ii) 13 units with respect to baggage, which shall be deducted from the amount of the loss or damage;
g) Units of Account and conversion: the units of account are special drawing rights as defined by the International Monetary Fund (IMF), converted into Euro on the date of the occurrence or event and are determined by passenger and transport responsibility
h) Size: exceptions or Carrier's liability limitations apply to the agents, employees and representatives thereof and any person whose ship is used by the Carrier in the implementation of transport and its agents, employees and representatives;"
COMPLAINTS AND DEADLINES:
"a) Personal Injury And Luggage: in the case of visible or apparent damage, complaints must be lodged no later than the time of disembarkation of the passenger or re-delivery of his luggage, and in the case of damage to luggage which is not apparent or loss of luggage, within fifteen days from disembarkation or re-delivery;
b) Rights: the right to compensation arising from breach of Agreement and must be formalized within two years from the date when disembark actually occurred or the date provided for this (#2 Article 16 of Decree- Law No. 349/86 of 17 October);"
"a) Timetables: Carrier undertakes to make its best efforts to carry the passenger and baggage with reasonable dispatch, not ensuring the indicated time for departures and arrivals and pledging to warn passengers, using the means at its disposal, using the contacts provided by them of any delays or cancellations and estimated times as well as of departures and arrivals on the terms and deadlines in the legislation referred to in Clause 1;
b) Replacement: the carrier may, in unforeseeable circumstances and without notice, be replaced by other carriers or use other ships, provided that it ensures the same quality of the substituted vessel, and alter or omit stopping places shown on the ticket in case of necessity;
c) Change: the times may change, in which case the Carrier assumes no responsibility for making connections with other services, but should communicate to passengers such change as soon as possible using all means available. Contacts provided, giving them the option to accept or not the amendment, in the latter case reimbursed for the value of the paid ticket;"
OBLIGATIONS IN CASE OF INTERRUPTION OR TRAVEL DELAY:
a) Passenger Rights: without prejudice to the right to assistance, re-routing or reimbursement, in case of the Carrier’s liability, the rights of the Passengers shall be ensured in accordance with the terms of EU Regulation no. 1177/2010;
b) Exceptions: the rights provided in the previous paragraph do not apply, and there is no obligation to pay any reimbursement or compensation by the Carrier to:(i) all Passengers with open tickets without reservation dates and, (ii) Passengers with tickets issued with time boarding, who do not present themselves for boarding in the terms provided in clause no. 4; c) Declining responsibilities: In case of cancellation , delay or diversion caused by weather conditions that could endanger the safety of the ship or by exceptional circumstances affecting the trip, the carrier is exempt of obligations in a) above, and is not liable to pay any compensation to passengers;
a) Boarding: passengers who fail to report for boarding, under the terms and time issued on the ticket, and have made their reservation, are bound to full payment, without any refund;
b) Combined tickets: in rates / promotions where tickets include passenger transport (s) and vehicles the (s) passenger (s) should present themselves for boarding together with the vehicle at check -in counter to30 minutes before the scheduled time of departure, failing to do so will lead to any right to reimbursement by the Carrier;
c) Unilateral Resolution: However, if within 48 hours before the start of the journey, the passenger unilaterally terminates the contract, it shall be reimbursed by the amount corresponding to half the price of the ticket;
d) Death or Illness Situation: If the trip does not take place due to death of the passenger, illness or any other similar circumstance with proof and this fact is communicated to the Carrier within the time limit, half the ticket will be reimbursement.
PASSENGERS WITH SPECIAL NEEDS (PSN):
Passengers with special needs (mobility, blind and oxygen dependent) should contact the Carrier and the crew members before purchasing the ticket in order to be given all the support, with regard to access, escorts, guide dogs or assistance, with a minimum of 48 hours.
The provisions of these general conditions, will not affect special and / or promotional rates subject to specific rules, particularly with regard to the expected values for compensation, which will always be calculated on the actual spent fare;
The Agreement to Free transportation will not apply to the following clauses of Decree Law No. 349/86 of 17 October, with the exception of Articles 14 and 15 (carrier’s liability for Personal Injury and Events at sea).
Forum: All matters arising from this agreement and expressly waiving any other, the parties elect Funchal Court.