 |
 |
 |
|||
Kanäle von PatagonienTicket agreement conditions
1.- NAVIMAG S.A. shall issue a ticket for each passenger.
2.- The ticket contains and certifies the Ticket Agreement. It must be given to the passenger upon its purchase and will be carried by him/her during the entire route and period of time for which it was issued.
3.- The ticket must be shown by the passenger at any time he/she is requested to do so by NAVIMAG S.A. and/or the Maritime Authorities when boarding the ship, during the voyage and when disembarking.
4.- The passenger ticket is valid only for the vessel, the voyage and the passenger indicated therein. Consequently, the passenger who does not make use of the faculties to postpone or desist from traveling, as stated hereafter, and simply does not board the vessel and fails to take the trip contracted, he/she loses all rights on same.
5.- The ticket is issued on a nominal basis and shall not be transferred by the passenger to another person without the previous written authorization of Navimag S.A.
6.- The passenger who wants to postpone the date of the voyage indicated in the ticket and change it for another subsequent date, he/she must submit a request to the company at least 48 hours before the vessel departure, having to pay in such case 10% of the ticket value for the company carries out such postponement. However, Navimag S.A. may accept the postponements requested after 48 hours before the vessel departure, provided they are requested at least three hours before the departure and provided the passenger pays 50% of the ticket value. Except for the above situations, the passenger is not entitled to postpone the voyage date, being understood for all purposes that he/she desists from traveling and is subject to all the regulations provided for such situation.
7.- The passenger may desist from making the voyage, during the journey in the situations indicated below and is subject to the following conditions that are applied to the ticket itself or to the guarantee deposit:
a) Before 15 days of the vessel departure by itinerary, 10% withholding
b) Between 14 days and 5 days before the vessel departure, 30% withholding
c) Between 4 days and 48 hours before the vessel departure, 70% withholding
d) Between 48 hours before the vessel departure, 90% withholding
e) After the vessel departure 100% withholding.
The above mentioned withholding percentages will be made over the total value of the ticket booked , both for the guarantee deposits and the ticket themselves.
8.- It is strictly prohibited that passengers carry or have in their cabins firearms, dangerous objects or any explosive that is within the scope of the Arms Control Law. The passengers will be responsible for damages caused as a result of carrying or trying to carry such objects.
When boarding the vessel as passengers, the members of the Armed Forces and Police who due to professional reasons carry arms have the obligation to declare and deliver them along with their ammunition into the vessel’ s Captain custody.
The same restrictions are applied to civilians who are authorized to carry arms.
The Captain shall provide a receipt in which the arm and ammunitions received are fully identified. Said receipt will be withdrawn when the aforementioned items are returne.
9.- The passengers who temporarily go ashore on their own account or interrupt the voyage at intermediate ports, shall afford their own expenses incurred while ashore, as well as all the boarding and landing and tax expenses, if any. When the passenger fails to arrive at the hour pre established to go on board at the sailing or at a stopover port or at that he/she has voluntarily gone ashore, the captain may start sailing without the passenger being entitled to demand the reimbursement of the ticket fare paid, or any other compensation or indemnity to the Company.
10.- “The Company” reserves the right not to admit onboard those passengers suffering from any physical or mental disease or any illness, which may endanger the safety of the vessels, the crew or any of the other passengers. For this purpose, every passenger shall declare, prior to boarding, any health condition or disease which may be affecting him. In case the boarding is deny or not authorized, due to the aforementioned causes, the Company shall reimburse the ticket value, already paid, to the affected passenger.
Likewise, in case that one passenger is affected during the voyage, by any physical or mental disease that, in captain’s opinion, may affect his attitude or capacity to continue with the trip or may jeopardize the vessel’s safety and/or affect the crew’s or the remaining passengers’ integrity of safeness, or if there is a powerful motive to suspect that he/she is affected by an illness or situation of those characteristic, he/she may be taken ashore at any port before arriving final destination, being demanded that he/she remain at said port and obtain transportation to his /her destination on his/her own account and expenses, all of which will be left on record in the vessel’s binnacle.
Should the passenger not declare the disease which caused the vessel’s captain’s decision or put him/herself in a situation which may affect or jeopardize the vessel’s, crew and/or passengers’ safety or integrity, as a result, for instance, of the consumption of alcohol, drugs or any other psychotropic substances, the value of his/her ticket will not be reimbursed, and all current civil liabilities that might arise from said infringement will remain in force, arising from the related costs that the “company” might incur for the deviation of the vessel’s rout.
11.- When, during normal circumstances, the passengers stay (with the Captain’s authorization) on board, either in route or after arriving to destination, for a period longer than that they would spend in disembarking from the ship, they shall reimburse the Company all the expenses which it incurred due to said staying.
12.- All the unoccupied bunk beds, except when the whole cabin has been especially booked and the corresponding amount paid, may be occupied at intermediate ports. Every bunk bed is contracted with the condition that the passenger may be moved if necessary, from one cabin to another except when the entire cabin has been especially booked and the respective amount paid
13.- Passengers shall pay all consumptions and purchases made on board that are not included in the ticket value. Each purchase made shall be paid in cash.
14.- The Company does not allow to carry merchandise under baggage denomination, which only comprises the personal items carried in suitcases, bags, backpacks, small cases and handbags.
15.- Navimag S.A. will not be responsible for the damage or loss of money, negotiable documents, jewels, gems or other valuable items, such as gold or silver in bars, coins or sheets, set of cutlery or utensils made of precious metals or others having similar nature, unless they have been delivered into the carrier’s custody . In such case, Navimag S.A. is responsible only up to the legal limit.
16.- No animals will be admitted on the Company’s vessels, except for special agreements.
17.- Passengers will not be allowed in the loading area.
18.- The passengers are forced to comply with all the regulations and rules established by the Company with respect to Passenger transportation and their assets, as well as with the Captains’ orders on board of the Company’s vessels.
19.- The carrier will be able to cancel the vessel sailing in case of force of nature or act of God, not being the passenger in such situation entitled to the reimbursement of what he/she paid for the ticket or to any damage indemnity whatsoever. In case of delay of the vessel sailing or its delay in arriving at the destination port, the passenger will be entitled to, during the delay period, lodging and food on board, in case it is included in the ticket price agreed. However, should the sailing or arrival delay be due to causes beyond the carrier’s responsibility, the passenger will not be entitled to request the reimbursement of the ticket fair and/or any other indemnity for damages he/she has undergone. When the voyage is temporarily interrupted due to causes imputed to the carrier, the passenger will be entitled to lodging and food, without Navimag S.A. being able to demand supplementary payment. Should the interruption be definitive and is caused by force of nature or act of God, the passenger shall pay the percentage corresponding to the itinerary covered, without being entitled to any kind of indemnity.
20.- The vessel may sail any route, enter or leave any Port with or without bay experts or tugboats, tug or be tugged or help other vessels in all kinds of situations, arrive, return to Port, deviate her course and call any port in any order, whether they are or not in the right order or direct or normal course of the voyage and, should it be forced to that due to quarantine or other governmental or municipal provisions or due to another force majeure case, may without prejudice of any other right or faculty granted by these reasons, fail to call the Ports established in the itinerary without being responsible for any consequence arising from said course deviation or omission.
21.- The sailing date and hour indicated in the passenger ticket is provisional. The passenger must confirm the boarding 48 hours before the sailing. Navimag S.A. will not be responsible for the delay of the vessel sailing, if it is imputed to force majeure or act of God.
22.- When the whole voyage or any part of it or other services indicated in the ticket, are provided by means other than those of the Company, the latter when issuing this ticket only hires said services as the agent of the person, firm or entity that provides such services. All agreements so executed by the Company as agent will be subject to the regulations and conditions of said person, firm or entity.
23.- Together with any other right or faculty granted by these conditions, the Company is free to cancel all its obligations arising from the ticket agreement, without undertaking, as a result of it, any obligation to reimburse the amount of the price, pay damages to the passenger because of force majeure or act of God. In any case, the seizure of the vessel or the passenger’s lodging on same or any part of it by the Chilean government or by any other government will be regarded as a case of force majeure or act of God, or if, in the Company’s or the Captain’s opinion, the imminence or existence of a state of war or any hostility or military operations (regardless of whether the Republic of Chile is a belligerent party or not), or turmoil, civil commotions (whether declared or not), congestions in Ports or Peers, labor disturbances or interruptions, or other causes beyond the Company’s command, that interfere with the duly compliance with said obligations, or if said circumstances or causes make the compliance of it impossible or risky.
24.- However, the indication of the Destination Port in the ticket, assuming that, upon the order or request from any pertinent authority or who appears as competent to issue such order or request, or considering the tenor of the terms of the vessel’s war risk insurance, it is taken off its route to any Port other than the destination port indicated in this ticket, the Company’s obligations in accordance with this agreement’s tenor shall be interpreted as if the Port to which the vessel has been taken is indicated in this ticket, instead of the destination port specified in it. The Company’s responsibility pursuant to this agreement ceases when the vessel calls the Port where it has been deviated.
25.- Besides the faculties expressly or tacitly indicated in the ticket, the vessel is free to comply with any order or instruction regarding the cargo, departure, routes, Ports of Call, interruptions, transshipments, unloading, arrival to destination or any others that may be established by the Chilean Government, or any Department of it, by any other government or person acting or who appears as acting with the authority of said Government, or by any committee or person who in the tenor of the Insurance terms against War risk on the vessel, is entitled to give such orders or instructions.
Any act, either performed or not performed, because of or in compliance with said orders are regarded as included in the ticket agreement.. In case the Company is not allowed, because of the aforementioned orders, to disembark passengers at the destination port indicated in the ticket, the Company is entitled to disembark them at any other Port the vessel calls (being such port either before or after the destination port); and, the ticket agreement included in this ticket will be regarded as fully executed in the indicated manner and the Company’s responsibilities will cease at that moment, not being the latter forced to reimburse the passenger the complete or partial price of his/her ticket, nor will it be responsible for paying or providing passenger with transportation to his/her final destination or indemnifying him/her for any expense he/she has incurred during his/her staying ashore while waiting to continue his/her voyage to his/her final destination or due to any other cause.
26.- Should the vessel indicated in this ticket (or any substitute for same) not be owned or chartered by NAVIERA MAGALLANES S.A. (as the case may be, in spite of any fact that may show otherwise) it is agreed, without prejudice of any other instruction in this ticket, that NAVIERA MAGALLANES S.A. may benefit in any case of any right, immunity and exemptions or restrictions of responsibilities of whatever nature they are or may be, after these conditions that are applicable to the owners or charterers pursuant to any law, order, regulations or instructions of Common Law.
27.- In all what the Ticket conditions do not expressly specify, the provisions of the Commercial Code Book III and its supplementary and Modifying laws will be applied. In case of incompatibility, between these conditions and that of the Commercial Code or its supplementary or modifying laws, the latter will gover.
Reisedaten | Fahrzeuge und