Exploring Patagonia | Navimag Ticket Conditions1. Navimag Ferries S.A. will issue a passenger ticket for each passenger it transports.
2. Each passenger ticket contains and authorizes the conditions of carriage. The ticket must be given to the passenger at the time of purchase and the passenger must carry the ticket at all times throughout the length and time of the journey for which it was issued.
3. The passenger ticket must be given up for inspection whenever it is required to be done so by Navimag Ferries S.A. and / or the marine authorities during embarkation, disembarkation and / or during the journey itself.
4. The passenger ticket is only valid for the ship, journey and passenger indicated on the ticket. As a result, any passenger who does not make use of his right to postpone or cancel his voyage as described below, or simply does not embark on the ship and journey as per the contract, loses all rights over the ticket.
5. The passenger ticket is issued to a named passenger and is not transferrable to any other person without previous written consent from Navimag Ferries. S.A.
6. Any passenger who desires to postpone the date of journey indicated on the ticket must make this request to the company a minimum of 48 hours prior to the time of departure of the ship and pay a sum equivalent to 10% of the cost of the ticket in order for the company to authorize the change. Notwithstanding this, Navimag S.A. may allow postponements that are requested less than 48 hours prior to the time of departure of the ship as long as this request is made at least 3 hours before the time of departure of the ship and the passenger pays a sum equivalent to 50% of the cost of the ticket. In any situation other than those previously described in this clause, the passenger does not have the right to postpone his voyage and it will be understood to all intents and purposes that he has cancelled his journey, and the rules governing said situation will be applied.
7. Passengers may desist to make the journey and cancellation will be subject to the following conditions which apply to the ticket paid or the deposit.
The following penalties will apply for cancellation of a reservation as soon as “the company” receives written notice:
a) More than 45 days prior to the scheduled departure of the ship, 0% penalty.
b) Between 44 days and 15 days prior to ship’s departure, 30% penalty.
c) Between 14 days and 7 days prior to ship’s departure, 50% penalty.
d) Between 6 days and 48 hours prior to ship’s departure, 70% penalty.
e) Within 48 hours of the scheduled departure time of the ship, 90% penalty.
f) After the departure of the ship, 100% penalty.
The percentages of the penalties specified above, will be made on the total value of the ticket booked, including both security deposits and the tickets themselves.
Any passenger who desires to postpone the date of journey indicated on the ticket must make this request to the company a minimum of 48 hours prior to the time of departure of the ship and pay a sum equivalent to 10% of the cost of the ticket in order for the company to authorize the change.
8. Passengers are forbidden to carry on their person or store on board the ship firearms, dangerous items or any kind of explosive falling within the ambit of the arms control law or any amendments to or modification of this law. Passengers will be responsible for any damage or any other adverse effects caused by taking or attempting to take on board the abovementioned objects. Members of the police or armed forces who carry arms by reason of their profession and are travelling as passengers are obliged to declare and hand over these arms to the safekeeping of the captain on embarkation. The captain must provide a receipt that identifies in full the arms and ammunition received by him. This receipt is to be handed back when the abovementioned items are returned.
9. Passengers who temporarily disembark of their own accord on company boats or break their journey in intermediate ports during the journey are responsible for the cost of their own expenses during the time they are on land as well as any embarkation or disembarkation costs or taxes. If a passenger does not arrive on board at the scheduled embarkation time either at the port of departure or an intermediate port or if he has disembarked of his own accord, the captain may order the ship to continue on its journey and demand the cost of the ticket excluding the value of any food.
10. The company reserves the right to refuse to allow on board any passenger suffering from illness whether this be mental or of any other kind, which might put in danger the safety of the ship, the crew or the other passengers. To these ends passengers must declare any illness that they suffer from before boarding the ship. If, for the above reason the company refuses to allow a passenger to embark, the total amount paid by the passenger for his ticket will be refunded. Furthermore, any passenger who is discovered or suspected during the voyage to be suffering from mental illness or any other illness or disease or, in the opinion of the captain of the ship is considered to be in an unacceptable condition to continue the voyage or to be potentially putting the safety of the ship at risk or endangering the wellbeing of the crew or the other passengers, may be disembarked at any intermediate port on the journey before arriving at the final destination and made to remain in said port and organize his own passage to his final destination at his own expense. A record of all of this will be made in the ship’s log. If the passenger did not declare the illness that engendered the captain’s decision, or if the passenger’s actions gave rise to concerns for safety on board due to, for example, consumption of alcohol, drugs or other psychotropic substances, no part of the purchase price of his ticket will be refunded. The passenger remains liable for any civil liabilities that might arise from his offense as a result of associated costs incurred by the company caused by the ship making a detour.
11. If, under normal circumstances, passengers remain on board the ship (with the permission of the captain), whether en route or after arriving at the destination port, for a longer period of time than necessary to disembark, they will be obliged to recompense the company for any costs incurred as a result of this extended stay on board.
12. Except in the case where a complete cabin has been paid for or a single supplement has been paid, any unoccupied berth may be occupied at any intermediate port. Except in the case where a complete cabin has been paid for or a single supplement has been paid, all berths are sold under the condition that passengers may me moved, if necessary, from one berth to another.
13. Passengers must pay for all items consumed and all purchases made that are not included in the price of the ticket. Payment must be in cash and at the time of purchase.
14. The company does not permit the transport of merchandise within a passenger’s luggage. The latter must only consist of items of personal use carried in cases, bags, rucksacks, small boxes and hand luggage.
15. Navimag S.A. cannot be held responsible for any loss or damage to money, negotiable securities, jewelry or valuable objects including but not limited to gold or silver bullion, coins, plate, cutlery or utensils made of precious metals or other similar items, unless they have been deposited with the transporter for safekeeping. In this case Navimag S.A. will be liable only up to the limit allowed for by law.
16. Animals are not allowed on board the company’s ships except under special agreement.
17. All passengers are expressly forbidden to enter the area set aside for cargo.
18. Passengers must comply with all the rules and regulations set out by the company concerning the transport of passengers and their goods as well as with the orders of the captain aboard the company’s ships.
19. The transporter may cancel the departure of the ship in case of force majeure or unforeseeable circumstances. Under these circumstances the passenger does not have the right to a refund of all or part of the purchase price of his ticket or compensation for damages of any kind. In the event that the departure or arrival of the ship is delayed, the passenger will have the right to lodging on board the ship and in addition, if it was included in the purchase price of the ticket, to food. Notwithstanding this, if the delay in the departure or arrival of the ship is due to reasons beyond the responsibility of the transporter, the passenger will not have the right to a refund of the price of his ticket and / or any compensation for any damages he might have suffered. If the journey is temporarily interrupted for reasons that are the responsibility of the company, the passenger will have the right to board and lodging without Navimag FERRIES S.A. being able to make any extra charges. If the interruption to the journey is permanent and is due to force majeure or unforeseeable circumstances the passenger must pay the proportion of his ticket that corresponds to the proportion of the journey that has taken place, without having the right to compensation of any sort.
20. The ship may sail on any route, enter or exit any port with or without pilots or tugs, tug or be tugged, and assist other ships in all kinds of situations; arrive at or leave port, sail off course or stop at any port in any order, whether or not this be outside the ordinary or direct order or course of the journey and, if the obligation to do so arises from quarantine or governmental or municipal regulations, may, without any other rights or powers conferred by these conditions being diminished in any way, omit to call in at any of the ports set down in the itinerary without incurring any responsibility for any of the consequences that result from the aforementioned detour or omission.
21. The time and date of departure which appears on the passenger ticket is an estimate. The passenger must confirm the departure 48 hours prior to the departure time. Navimag FERRIES will not be held responsible for any delay to the departure time of the ship that is due to force majeure or unforeseeable circumstances.
22. If the entire voyage or any part of the voyage or other services described in the ticket are provided by any person or organization other than the company, the company is, on issuing the ticket, only contracting the aforementioned services as an agent of the person, company or body which provides these services. All contracts made as such by the company as agents will be subject to the rules and conditions of the abovementioned person, company or body.
23. In addition to any other right or power conferred by these conditions, the Company is free to terminate all its obligations under the contract of passage without any obligation to refund the amount or pay compensation for damages to the passenger in the case of force majeure or unforeseeable circumstances. It will be considered a case of force majeure or unforeseeable circumstances if the Chilean government or any other government requisitions the ship or the passenger’s lodging therein or any part thereof, or if, in the opinion of the company or of the captain, the imminence or existence of a state of war or any kind of hostilities or military operations (whether or not these involve the Republic of Chile), or of riots, civil disturbances (whether they be declared or not), congestion in ports or harbours, labor disturbances or interruptions, or other reasons beyond the control of the company, interfere with its fulfilling of said obligations in the correct manner, or if said circumstances or reasons render impractical or risky the fulfillment of the same.
24. Notwithstanding the port of final destination described in the ticket, in the event that, by order or request of any competent authority or of anyone who claims to be in a position to make said order or request, or in order to comply with the terms of the ship’s insurance against the risks of war, the ship is diverted to any port that is not the port described as the destination on the ticket, the obligations of the company according to this contract must be interpreted as if the port to which the ship has been diverted has been designated on the ticket in place of the destination port specified on the ticket. The responsibility of the company in virtue of this contract terminates at the moment that the ship arrives at the port to which it has been diverted.
25. In addition to the powers expressly or tacitly stated on the ticket, the ship is free to comply with any orders or instructions whatsoever with regard to loading, departure, routes, stopping ports, interruptions, transshipments, unloading and arrival at the destination that are given by the government of Chile or any of its departments, or by any other government or person who acts or claims to be acting with the authority of any other government, or by any committee or person who, according to the terms of the ship’s insurance against the risks of war, have the right to give such orders or instructions. All acts carried out or not carried out because of or in compliance with said orders are understood to be contained within the passenger contract. In the event that the company is unable by reason of the aforementioned orders to disembark passengers at the intended destination in the ticket, the company reserves the right to disembark them at any other port at which the ship calls (whether this port be before or after the destination port); and the passenger contract contained in this ticket will be understood to be entirely completed and fulfilled as indicated and the responsibilities of the company will terminate from that moment. The company will not be obliged to make a total or partial refund of the price of the ticket nor take responsibility for the transport of the passenger to his final destination nor compensate him for whatever costs are incurred by him during his time on land while waiting to continue his journey to his final destination or for any other reason.
26. If the ship referred to in the ticket (or any substitute thereof) is not owned or chartered by NAVIMAG FERRIES S.A. (whatever the case may be, notwithstanding any appearance to the contrary) it is agreed without prejudice to any other provision contained in the ticket that NAVIMAG FERRIES S.A can benefit in all cases from whatever rights, immunities and exclusions or limitations of responsibility of any nature whatsoever, which are applicable or could be applicable after these conditions to the owners or charterers in virtue of any laws, orders, rules or precepts of “Common Law”.
27. Any situation not specifically mentioned in these conditions of carriage will be governed by the provisions of Book III of the code of commerce and its supplementary laws and amendments. In case of any incompatibility between these conditions of carriage and the code of commerce and its supplementary laws and amendments, the latter will prevail.