Cruceros Australis

Ticket Agreement Conditions

Ticket Agreement Conditions:

1.- The passenger ticket contains and evidences the transportation contract entered into between the passenger and Transportes Marítimos Terra Australis S.A., hereinafter also referred to as “the Company”, which is governed by the ticket indications, the current conditions and the pertinent provisions of the Commercial Code of the Republic of Chile, Book III.

2.- The passenger shall carry his/her ticket at all times during the entire voyage and for the period it was issued and must show it every time he/she is asked to do so by  the Company and/or the maritime authority, either upon embarking, during the sailing and/or upon disembarking.

3.-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 quit the voyage and does not embark on the vessel and fails to take the voyages contracted, loses all rights on same.

The ticket is issued to the bearer and shall not be transferred by the passenger to another person, without the previous written authorization of the Company.

4.-The passenger who wants to postpone his/her voyage departure date and change his/her ticket for one having a different departure date, he/she must submit a written request to the Company at least 30 days before the vessel’s departure. To request such postponement, in addition to the aforementioned written notice, the passenger shall pay the Company  the amount of US$100 (one hundred dollars of the United States of America) or its equivalent in pesos, current currency and any price difference shown by the ticket for the new date requested. The voyage postponement request will be accepted by the Company provided there exists capacity for the voyage requested. However, the Company will admit the changes in voyages dates requested between the 30th and 10th day prior to departure, subject to a fine equal to 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 if he/she does not make use of his/her ticket is because he/she has decided not to travel, being applied all the regulations provided for such situation.

5.-Cancellation Penalty: Should the passenger decide not to make the voyage, the Company will reimburse the passenger all or part of the ticket net value or not reimburse any amount, depending on the date that the passenger had communicated the Company his/her decision in writing, as indicated below:

  • If the passenger notifies his/her cancellation to the Company with 120 or more days in advance of the departure date, the Company shall reimburse any amount payed;
  • If the passenger notifies his/her cancellation to the Company between 119 and 45 days in advance of the departure date, the Company shall retain him/her US$ 200.- or its equivalent in Chilean pesos, legal currency, per each ticket cancelled;
  • If the passenger notifies his/her cancellation to the Company between 44 and 30 days before departure date, the Company shall reimburse the passenger 75% of the ticket’s net value;
  • If the passenger notifies his/her cancellation to the Company between 29 and 15 days before departure date, the Company shall reimburse the passenger 50% of the ticket’s net value, and
  • If the passenger notifies his/her cancellation to the Company between 14 days or less before departure date, the passenger will not be reimbursed any amount by the Company.

In case of a voyage cancellation, as previously stated, the Company will receive the amounts that have not been reimbursed, as fine for the cancellation, pursuant to the above regulations-

6.- Passengers are not allowed to carry with them or have in their cabins firearms, dangerous objects or any explosive that are within the Arms Control Law scope. The passengers will be responsible for damages caused to the Company, its dependents and/or to third parties as a result of carrying with them or trying to carry with them said objects.

7.- 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.

8.- The Company reserves the right not to admit aboard those passengers who suffer any disease, either mental or physical or of any other kind, in the vessel captain’s opinion makes him/her unable to continue the voyage or jeopardize the rest of the passengers’ health or safety and/or damage the comfort of the other passengers’. Any passenger, who, during the voyage is discovered or suspected to suffer from any mental or physical disease or another disease or disorder and that in the vessel captain’s opinion shows the above mentioned characteristics, may be disembarked at any intermediate port before reaching his/her destination and demand that he/she stay at that port and obtain transportation to his/her destination on his/her own account and expenses.

9.- The ticket does not include the value of purchase of articles at the vessel store or the value of optional tours that may be contracted by the passengers on their own. The passengers shall pay all consumptions and purchases not  included in the ticket price, at the on board prices. The payment shall be made in cash.

10.- Each cabin is provided with a safety box that is opened with a unique key without copy, which is given to the passenger, in which he/she will keep, under his/her responsibility, the money, negotiable documents or other valuable items he/she is carrying with him/her. Considering the above, the Company will not be responsible for the damage suffered by the passenger as a result of potential losses and / or damage  caused by any reason and/or amount of money, negotiable documents, jewels, gems or other valuable items, such as gold or silver in bars, coins or sheets, silverware or utensils made of precious metals or others having similar nature.

11.- No animals will be admitted on the Company’s vessels.

12.- 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 vessel’s captain orders and they will not be allowed in the restricted areas of same.

13.- The carrier will be able to cancel the vessel´s departure in case of force majeure 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.

14.- In case of delay of the vessel’s departure or its delay in arriving at the destination port, the passenger will be entitled to, during the delay period, lodging and food on the vessel in case they are included in the ticket price agreement. However, should the sailing or arrival delay be due to other causes beyond the carrier’s responsibility, the passenger will not be entitled to demand the reimbursement of the ticket price and/or any other indemnity for damages he/she has undergone.

15.- When the voyage is temporarily interrupted due to causes imputed to the carrier, the passenger will be entitled to lodging and food, without the Company being able to charge supplementary payment. Should the interruption be definitive and be caused by force majeure or act of God, the passenger shall pay the percentage corresponding to the itinerary covered, without being entitled to any kind of indemnity.

16.- 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, go off 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 to another force majeure, 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 effect arising from said change of course or omission.

17.- The sailing date and hour indicated in the passenger ticket is estimated. The passenger must confirm the boarding 48 hours before sailing. Thus, the Company will not be responsible for the delay of the vessel sailing, if it is imputed to force majeure or act of God.

18.- When the whole voyage or any part of it or other services indicated in the ticket, is provided by other means 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.

19.- Without prejudice of the other conditions previously established, 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 price, pay damages to the passenger because of force majeure or act of God.

20.- Notwithstanding, the indication of the destination port included 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, its route, by any reason, is taken off to any port other than the destination port indicated in this ticket, the Company’s obligations in accordance with this agreement shall be interpreted as if the port to which the vessel was taken were indicated in this ticket, instead of the destination port specified in it. In this case, the Company’s responsibility pursuant to this agreement terminates when the vessel calls the port it has been taken.

21.- 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 pertinent authorities. 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); being understood in such a case that the ticket agreement has been subscribed and fully executed in the appropriate manner, and the Company’s responsibilities will cease at that moment. Therefore, in such case the Company will not be 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 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.

22.- Any controversy arising between the passenger and the company will be subject to the pertinent provisions of the Commercial Code of the Republic of Chile Book III.

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