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General Conditions

These general contractual conditions governing the tourist package, in force since February 2009, replace all earlier versions. Since the general contractual conditions are updated from time to time in line with changes in the relevant regulations, Costa Cruises would advise Guests to refer to the contractual conditions that apply when they make their booking.

1. Applicable rules and regulations

2. Stipulation of the contract

2.1 -	The booking application will be drawn up in a specific form (in a computerised version, where applicable), every part of which should be filled in, to be signed by the passenger.
2.2 -	The tourist packages sold on line are sales offers in Italy for all legal purposes, and the agreements regarding these are signed in Italy.
2.3 -	Acceptance of bookings is subject to availability, and is finalised for the purposes of formalising the agreement only upon confirmation by the Organiser (which may take place on line). The bookings are subject to the payment by the passenger of the deposit referred to in article 3.1. Failure topay the deposit will lead to cancellation of the booking.
2.4 -	The promotional offers, or those involving special conditions by way of exceptions to those set out in thecatalogues, are subject to availability and time limits, inaccordance with the conditions laid down by the Organiser from time to time, at the absolute discretion of this latter.
2.5 -	The duly licensed Travel Agency acts as agent for thepassenger and, in accordance with the terms of article 87 ofthe Consumer Code and article 8 of legislative decree 111/1995, may provide this latter with a copy of the agreement only if it is already in possession of the confirmation from the Organiser, issued as specified in the previous paragraph.
2.6 -	In the case of a single booking made for a number of parties, whose names are to be listed in the booking form, the party making the booking guarantees that he or she is dulyauthorised to do so on behalf of the parties concerned, and will also guarantee that the other parties named in the booking form will act in accordance with all the contract obligations.
2.7 -	Bookings from minors will not be accepted. Without affecting the terms of article 2.6, bookings for passengers who are minors have to be made by parents, guardians or other adults in possession of the necessary powers to do so, and will be accepted only if the minor is to be accompanied by at least one parent or another adult, who will take on full responsibility in this regard.
2.8 -	As the vessels are not equipped to offer assistance inpregnancy and childbirth, bookings will not be accepted from passengers who, at the scheduled end of the cruise, have entered the 25th week of pregnancy.
2.9 -	Children are not permitted to sail prior to 6 months of age on the first day of cruise. For the cruises longer than 15 days that are related to the following destinations the minimum age is 12 months: Africa, Far East, Indian Ocean and Unique Journeys.
2.10 -	The vessels have a limited number of cabins for disabled passengers, and some areas and facilities on board are not accessible by the disabled and/or are unable to accommodate disabled passengers. Consequently, bookings from disabled passengers will be accepted within the limits of such availability and, if necessary, may require that such passengers be accompanied by persons capable of offering them the assistance they require. The Organiser will take no responsibility for setting up alternative schedules on boardthe vessel or ashore for disabled passengers and will not beheld responsible for any impediment or difficulties encountered by them in making use of the services and activities included in the tourist package.
2.11 -	At the time of signing the agreement, the passenger will inform the Organiser of any illnesses or physical or mental disabilities that might require special forms of care orassistance. No bookings will be accepted for passengers whose physical or mental conditions make their presence on the cruise impossible or dangerous for themselves or others, or who require forms of care or assistance that it is not possible to guarantee on board the vessel.
2.12 -	Any information on the cruise which is not contained in the contract documents, brochures or web site of Costa Crociere, or in any other forms of communication, will be supplied to the passenger by the Organiser in accordance with the terms of the consumer code, suitably in advance ofthe start of the voyage.
2.13 -	The Organiser reserves the right to make exceptions to these general conditions in the case of specific categories of agreement, such as block bookings or special incentives, for which the terms and conditions will be specifically indicated from time to time.

3. Payment

3.1 -

Payment for non-web booking
When the agreement is signed, a deposit will be payable. This will be equivalent to the amount specified in the catalogue, and will in any case be no less than 15% of the price, including the full booking fee, where applicable. The balance due will be paid at least 30 days prior to the date of departure. For bookings made less than 30 days prior to the departure date, the full price will be paid at the time when the agreement is signed.

Failure to pay the balance due on the dates specified above will lead to the cancellation of the agreement in accordance with the terms of the express termination clause. In such cases, the Organiser will have the right to compensation for any additional damage caused. The travel ticket, which authorises the passenger to gain access to the vessel, will be issued to the passenger after the full balance of the price has been paid. Payments made through Travel Agencies will be regarded as received only when the sums in question have been effectively passed on to the Organiser.

3.2 -

Payment for web bookings
When the agreement is signed, a deposit will be payable. This will be equivalent to the amount specified in the catalogue, and will in any case be no less than 15% of theprice, including the full booking fee, where applicable. The balance due will be paid at least 30 days prior to the date ofdeparture. For bookings made less than 30 days prior to the departure date, the full price will be paid at the time when the agreement is signed.

Failure to pay the balance due on the dates specified above will lead to the cancellation of the agreement inaccordance with the terms of the express termination clause. In such cases, the Organiser will have the right to compensation for any additional damage caused.

The travel ticket, which authorises the passenger to gain access to the vessel, will be issued to the passenger after the full balance of the price has been paid. Payments made through Travel Agencies will be regarded as received only when the sums in question have been effectively passed on to the Organiser.

4. Prices

4.1 -

The prices include the services expressly indicated in the catalogue and the agreement form signed by the passenger. Prices shown in this catalogue don't include :
i) the service charge for hotel services payable on board at the end of thecruise. No further service charges are payable to staff,
ii) port taxes which consist in a lumpsum that can change according to itinerary and number of days. The item “i” is indicated next to each price scheme through the indication of “service charge”, item “ii” is indicated at bottom of each price scheme through the wording “port taxes”

4.2 -

The catalogue indicates a minimum price known as “Pronto Price” (Book Immediately) and a maximum price known as "Listino” (Full Fare). For each cruise, a limited number of cabins will be available at the minimum price. When these are no longer available, the remaining cabins may be placed on sale at prices greater than the minimum, of which the passengers will be informed when the booking application is received. Except where otherwise indicated asset out in paragraph 3 of this article below, such prices will beno greater than the maximum price indicated in thecatalogue under the "Full Fare" heading.

4.3 -

The prices indicated in the catalogue may undergo alteration up to 20 days prior to the departure date, as a result of increases following the date of publication of the programme in :

(i)	the cost of air transport,
(ii)	the cost of marine fuel,
(iii)	duties and taxes on the services included in the tourist package, including boarding and disembarkation taxes and harbour mooring and airport landing taxes.

In situation (i), the price alteration to the package will be equivalent to the full increase in transport costs as debited to the Organiser by the airline.

In situation (ii) if there is a fuel cost increase in the cost of marine fuel that is lower than 10% there will be no increase of the cruise price. For fuel cost increase of 10% the price ofthe cruise (excluding flights, transfers, taxes and any other add-on) will increase by 3%. In case of fuel cost increase higher than 10% the price of the cruise will increase proportionately, starting from the 3% base.

Please see following examples:
fuel cost increase 15% --> cruise price increase up to 4,5%; fuel cost increase 30% --> cruise price increase up to 9% Pricesincluded in the pricing grids of this catalogue were determined in February 2009, month of the first edition, considering fuel cost of EUR 221,52 per metric ton Platts IFO380 Genoa average; change 1 USD = 0,78 EUR. (iii) the increase will be equivalent to the entire amount of increase in duties and taxes.

4.4 -

The prices indicated are per person. If however a passenger becomes the sole occupant of a cabin as a result of withdrawal or cancellation by the other occupants, the passenger in question will have to pay a single cabin supplement.

5. Modifications to the voyage

5.1 -

If the Organiser is forced to make any significant changes to an essential aspect of the agreement, including the price, prior to the departure date, it will inform the passenger of this fact as soon as possible. For such purposes, a significant modification is a price alteration of more than 10% of the total, or a change which has an effect on factors that can be regarded as fundamental to the cruise considered as a whole. Merely by way of example, modifications of the following kinds are not regarded as significant:

(i)	changes of carrier, flight times and itineraries, provided the date of departureand arrival remains unchanged and access to and disembarkation from the vessel are permitted on the dates and at the times scheduled for the cruise,
(ii)	the replacement of the ship on the basis of the terms of article 5.4,
(iii)	changes to the cruise itinerary on the basis of the terms of article 5.5,
(iv)	the allocation of a different cabin on the basis of the terms of article 12,
(v)	changes to the type of hotel accommodation, provided the hotel belongs to the same category
(vi)	changes in the scheduling of events and other forms of entertainment on board the vessel

5.2 -

A passenger who receives notification of a change to anessential aspect or a price modification of more than 10% will have the right to withdraw from the agreement without the application of any penalty, or to accept the modification, which will then become a part of the agreement, with the precise specification of the changes and the effect of these on the price. The passenger will inform the Organiser of its decision - through the Travel Agency where appropriate - within 2 working days of the date when he or she becomes aware of the modification. If no such written notification is issued, it will be understood that the modification has been accepted.

5.3 -

If the Organiser is unable to supply an essential part of the services specified in the contract due to reasons not attributable to the actions or conduct of the passenger, it will provide alternative solutions compatible with the technical and safety requirements, at no additional cost to the passenger. If the alternatives supplied are of a value that is significantly lower than the scheduled services, the passenger will be reimbursed within the limit of the differences in value. If no alternative solution is possible or the solution proposed by the Organiser is turned down by the passenger for acceptable, justified and proven reasons, the Organiser will provide a means of transport equivalent to that laid down for the return to the point of departure, or to any other destination that might be agreed upon, at no additional cost, only if such a solution is objectively indispensable in the circumstances. The Organiser will reimburse the passenger for the services not used, after deduction of the costs sustained by the Organiser in any way.

5.4 -

It is acknowledged that the Organiser has the right to replace the scheduled vessel with another of similar specifications if this is necessary for technical or operational reasons, or in relation to the safety of the ship.

5.5 -

The Organiser, and the Captain of the vessel on behalf of this latter, have the right to modify the cruise itinerary due to unforeseen and uncontrollable circumstances or for reasons regarding the safety of the ship or its navigation.

6. Withdrawal by the Passenger

6.1 -	The passenger may withdraw from the agreement without incurring any penalty only if he or she has been informed of the modification of an essential aspect under the terms of article 5.1 above. In such a case, if the passenger should withdraw from the agreement he or she will have the right to make use of an alternative package, or to the reimbursement of the payments already made at the time ofthe withdrawal. The package that the passenger decides tomake use of will have to be of an equivalent or greater value (but without price supplements) to that originally selected. If the Organiser is unable to offer a package of an equivalent or greater value, the passenger will have the right to the reimbursement of the difference.
6.2 -	A customer who withdraws from the agreement for reasons other than those specified in the previous paragraph will be debited with the following sums: USD100 per person for administrative costs in the event ofwithdrawal 15% of the package price in the event of withdrawal more than 42 days prior to the departure date 30% of the package price in the event of withdrawal less than 41 days prior to the departure date 50% of the package price in the event of withdrawal less than 28 days prior to the departure date 80% of the package price in the event of withdrawal less than 14 days prior to the departure date A passenger who withdraws within 1 day of the departuredate, fail to turn up in time for departure withdraws from the voyage after it has begun for any reason will have no right to any reimbursement and will have to pay the price in full. A passenger who withdraws within 1 day of the departuredate, fails to turn up in time for departure or withdraws from the voyage after it has begun for any reason will have no right to any reimbursement and will have to pay the price in full.
6.3 -	In the event of cancellation covered by an insurance policy, the Organiser should be notified of this at the sametime as notification is issued to the insurer. Any difference between the sums due from the passenger on the basis of the terms of article 6.2 above and the sums paid by the insurance company will be payable by the passenger.

7. Replacements

7.1 -

A passenger who is not in a position to make use of the tourist package may be replaced by another person provided :

(a)	the Organiser is informed of this fact in writing within 4 working days of the scheduled departure date, at which time the identity details of the replacement should also be provided;
(b)	there are no reasons relating to the possession of passports, visas or health certificates, or with regard to hotel accommodation, transport services or any other factors that would make it impossible for the person replacing the passenger who has withdrawn to make use of the package;
(c)	the person replacing the original passenger pays any sums specified in the catalogue as replacement costs to the Organiser.

7.2 -

In such a case, the passenger will in any case pay a sum of 30 usd per person as administrative costs. The passenger withdrawing and the replacement will be jointly responsible for the payment of the balance due and the payment of the sum referred to in point (c) of article 7.1 above.

7.3 -

The travel ticket is transferable only in the event of replacement for the purposes of the agreement, inaccordance with the terms set out in the previous paragraphs.

7.4 -

The right of replacement referred to in the previous paragraphs is subject to the exceptions and limits laid down in the regulations, with particular reference to the security regulations applicable to the single services forming part of the package.

7.5 -

Replacement for reasons other than whose which make it impossible for the original passenger to make use of the tourist package, or notification of replacement received by the Organiser following the term specified in article 7.1, will be regarded as equivalent to the withdrawal of the passenger and a new booking by the replacement. In such a case, the withdrawing passenger will be obliged to pay the sums referred to in article 6.2, and the replacement passenger will be obliged to pay the full price.

8. Failure to execute

9. Obligations of Passengers

9.1 -	The passenger has to be in possession of a personal passport or other valid document for entry into all the countries in the itinerary, along with any residence visas or health certificates that might be required, in accordance with the nationality of the passenger. Unless otherwise specified, the information contained in the catalogues in this sense refers to passengers who senationality is that of the country in which the catalogue is published.
9.2 -	The passenger will also conduct him or herself in such away as not to interfere with the safety or disturb the peace and enjoyment of the cruise by the other passengers, and will act in accordance with the rules of normal prudence and diligence, follow all the instructions issued by the Organiser and comply with the administrative and legislative regulations relating to the voyage.
9.3 -	Passengers will not bring goods, live animals, weapons, munitions, explosives or inflammable, toxic or hazardous substances on board the vessel without the written consent of the Organiser.
9.4 -	The passenger will be responsible for all the damages that the Organiser might suffer as a result of failure to act inaccordance with the obligations set out above. More specifically, the passenger will be responsible for all damage caused to the vessel 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 due to the conduct of the passenger by the port, customs or health authorities or by any other authorities in any of the countries on the cruise itinerary.
9.5 -	The passenger will provide the Organiser with all the documents, information and other materials in his or her possession which might be necessary with a view to acting onhis or her behalf, on the basis of the terms of the final paragraph of article 12 of these general conditions, with regardto third parties responsible for any damages suffered by the passenger, and will be responsible to the Organiser in the eventof any prejudice caused to this right to act on his or her behalf.
9.6 -	The passenger will provide the Organiser with all the information necessary to enable this latter to comply with its security obligations, with particular reference to the terms of EC directive 98/41 and the ministerial decree of 13th October 1999.

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 in any circumstance, to deviate from the plotted course, to put into any port, whether or not this is on the ship's itinerary, and to transfer a passenger and his or her baggage to another ship with a view to continuing on the voyage.

10.2 -

The passenger is subject to the disciplinary powers of the Captain of the ship in relation to all matters regarding the safety of the vessel and its navigation. If in the opinion of the Captain a passenger is unable to undertake or continue onthe voyage for any reason, or is a risk to the health and safety of the other passengers and crew, or to the safety of thevessel, or the conduct of the passenger is such as to interfere with the enjoyment of the cruise by the other passengers, the Captain will have the right, depending 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 or her from taking part in specific activities on board.

Similar measures may be adopted of their own initiative and within the limits of their rights in law or under the terms ofthe contract, by airlines or other service providers. The Organiser will take no responsibility for any such measuresthat might 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 theconsent of such governments or authorities or any otherparties with the right to issue such orders or directives, on thebasis 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-compliancewith the contract. The disembarkation of the passengers and their baggage in accordance with such orders or directives releases the Organiser of any responsibility for the continuation of the voyage or the repatriation of the passengers.

11. Pledge and retention

12. Accommodation on board the vessel or in hotels

13. Organiser's responsabilities

14. Limits of compensation

15. Excursions

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 set up between the passenger and the issuing airline.
16.2 -	Consequently, with regard to air transport of any kind, Costa Crociere cannot be regarded as an airline or an organisation adopting the role of an airline, as such a positionis taken up exclusively by the air transport company indicated, and/or those delegated to act on its behalf, with allthe connected risks and responsibilities, which cannot therefore be attributed in any way to Costa Crociere, even in an indirect or intermediary manner. The rights of the passenger on the basis of the air transport contract and the regulations applicable to it (Convention of Montreal of 28th May 1999, EC regulation no. 889/2002, national regulations), 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 air transport company. The air transport company has exclusive responsibility for the obligations set out in ECregulation no. 785/2004.
16.3 -	If the legally valid flight ticket is not attached to the documentation supplied to the passenger by Costa Crociere, the passenger has to issue a request for this to the airlinedirectly. The airline guarantees the existence of the ticket inquestion, its custody for merely logistical reasons, its conformity with the regulations that apply, and its immediate and unconditional availability to the passengerdirectly, at its own expense and upon its own responsibility, on the understanding that the airline has also issued identical guarantees to Costa Crociere.
16.4 -	The obligations laid down in EC regulation no. 261/2004 apply exclusively to the air transport carrier, as defined in the regulation in question, and no responsibility in this sense will be accepted by Costa Crociere, either in its position as Organiser or for any other reason. The passengers should therefore direct any claims that they might have in relation to EC regulation 261/2004 to the air transport carrier. In exercising their rights deriving from EC regulation no. 261/2004 with the air transport carrier, the passengers should take the necessary care to safeguard the execution of the tourist package as a whole, and to avoid damaging the rights and faculties of the Organiser on the basis of this contract and the regulations that apply to it.
16.5 -	Costa Crociere will include a flight memo in the documentation supplied to the passengers, with the sole purpose of reminding the passengers of the flight information required by them. The inclusion of the flight memo and/or warnings or other information on air transport and the legislation and contract clauses applicable to this inthe documentation supplied to the passengers should therefore be regarded merely as a guideline.
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 otherterms of this article.

17. Ship's Doctor

18. Custody of valuables

19. Obligation to provide assistance

20. Claims and claim reports

21. Insurance cover for assistance/medical and baggage costs

22. Guarantee fund

23. Confidential nature of personal data

"We wish to provide our customers with certain information on the collection and use of the personal data required at the time of booking. The personal data are collected by the Travel Agent with which the customers make the booking. Underthe terms of legislative decree 196/2003, the Travel Agent is obliged to pass on this information (article 13) and, where necessary, obtain the consent of the customer to do so (article23). Costa Crociere, as the company responsible for processing the data, is informed by the Travel Agent of the customer's identity details, which are necessary for the fulfilment of the obligations deriving from the contract and any legal obligations and provisions in the case of foreign travel.

This notification does not require the consent of the customer, as it is necessary with a view to supplying the services required by the customer under the terms of the agreement. When necessary with a view to fulfilling the obligations deriving from the agreement signed by the customer or inaccordance with a legal obligation, the customer's data maybe passed on to persons, companies, associations or professional bodies which provide Costa Crociere withservices and assistance, some of which might be based abroad, as well as to affiliated companies and those belonging to the same group as Costa Crociere, both in Italy and abroad.

The collection and processing of the personal data will take place by means of electronic support tools and on hard copy,and will in any case take place in accordance with the terms of legislative decree 196/2003. The above also extends to the information required with a view to complying with thesecurity measures.

The customer may exercise his or her rights in accordance with the terms of article 7 of legislative decree 196/2003, either through the Travel Agent or by contacting the Marketing Department, Costa Crociere, Via XII Ottobre 2,16121 Genoa".

Policy no. 239443166, taken out with GENERALI S.p.A.

24. Jurisdiction


Note : Images shown are for guidance purposes only and may differ from actual conditions.	Return to top