1.- The cruise ticket includes and evidences the conditions of the sea transportation contract (“Cruise Contract”) executed between the passenger and Transportes Marítimos Terra Australis S.A., hereinafter also referred to as the “Company”.
The Cruise Contract is governed by the ticket provisions, the current conditions, and the pertinent provisions of the Commercial Code of the Republic of Chile, Book III.
2.- The ticket is valid only for the vessel, the journey and for the passenger whose name appears on it. Therefore, should the passenger fail to use the faculties to postpone or desist from the voyage and did not board the vessel and take the voyage contracted, he or she will lose all his or her rights on it.
The ticket is issued to the name of the passenger and is not transferable or assignable to another person without the Company’s prior written authorization.
3.- The passenger must carry his or her ticket with him or her during the voyage for which it was issued and must show it anytime the Company and/or the maritime authority when required to do so, either at the boarding time, during the cruise and/or when disembarking.
4.- The passenger shall confirm his or her embarkation with 48 in advance. Likewise, on the embarking day, he or she shall make the check in at the place and time informed by the Company.
5.- The passenger who wants to postpone the voyage date indicated in the ticket must make such request in writing to the Company at least 30 days before the vessel’s departure. In order to request such postponement, in addition to the aforementioned notice, the passenger shall pay the Company a US$ 100.- fine (one hundred dollars of the United States of America) or its equivalent, current legal tender, and the difference with the price of the ticket for the new voyage. The voyage postponement request will be accepted by the Company, provided there exists the availability for the new voyage requested.
Nevertheless, the Company may accept postponements required with at least 10 days before the departure, provided the passenger pays a fine equivalent to 50% of the ticket’s value that will not be used, and that there exits the availability in the new voyage contracted.
Apart from the above situations, the passenger is not entitled to postpone the voyage date, being understood, for all purposes, that he or she desists from traveling if he or she does not make use of his or her ticket, being applied of all regulations provided for such situation in the present conditions.
6.- Should the passenger desist from making the voyage, he or she shall immediately notify in writing such circumstance to the Company. Depending on the date the passenger makes said notification, he or she shall incur a fine in favor of the Company, being the latter entitled to apply and withhold it from the installment (s) of the ticket price that has already been paid by the passenger.
The amounts of fines applied to passengers who desist from making the voyage for each ticket are the following:
- Should the passenger make his or her cancellation notice within 120 or more days before the initial sailing date, he or she will not incur any fine whatsoever;
- Should the cancellation notice be given within 119 and 60 days before the sailing date, the fine will be US$ 300 for each ticket whose voyage is cancelled;
- Should the cancellation notice be given within 59 and 50 days before the sailing date, the passenger will incur a fine, in favor of the Company, amounting to 25% of the ticket price whose voyage is cancelled;
- Should the cancellation notice be given within 49 and 40 days before the sailing date, the fine will amount to 50% of the ticket price whose voyage is cancelled;
- Should the cancellation notice be given within 39 and 30 days before the sailing date, the fine will amount to 75% of the ticket price whose voyage is cancelled, and
- Should the notice be given within 29 days or fewer days before the sailing date, the passenger will incur in a fine, in favor of the Company, amounting to 100% of the ticket price whose voyage is cancelled.
Thus, should the passenger incur a fine for desisting from his or her voyage, in accordance with this clause, said fine will be withheld from the installment (s) of the ticket price that have been already paid, and the Company will reimburse the passenger the balance of the price or payment received, or it will not reimburse any amount whatsoever, as the case may be. On the other hand, should the fine be higher than the part of the price already paid, the passenger must pay the difference to the Company within a 7 day period computed as of the notification of his or her desisting from the voyage.
7.- The departure date and time indicated on the ticket is estimated. Therefore, the sailing departure of the vessel may be delayed, without any responsibility for the Company due to climate conditions, act of government or ruling authority, because of the welfare, health or security of one or more passengers or due to any other event constituting of act of God or an event of force majeure, not being the passenger, in such situation, entitled to the refund of the money paid for the ticket or to any indemnification for damages whatsoever.
On the other hand, the date and time of the arrival to the destination port is also estimated and it may be subject to advances or delays due to the aforementioned reasons, not being the Company held liable.
8.- The Company may cancel the sailing of the vessel in case of force majeure or act of God, not being the passenger in such situation entitled to the refund the ticket price or to pay indemnification for damages whatsoever.
9.- The Company may cancel the sailing of the vessel in case of force majeure or act of God, not being the passenger in such situation entitled to the refund the ticket price or to pay indemnification for damages whatsoever.
10.- The ticket price does not include the value of articles bought in the stores on board. Likewise, the ticket does not include port taxes charged in the ports of Punta Arenas (Chile) and Ushuaia (Argentina), nor the fees of visas nor the potential migration taxes, dues or fees or reciprocity taxes whatsoever currently or hereinafter charged to passengers for entering and/or leaving the republics of Chile and Argentina. Said fees and taxes will be charged to passengers separately from their ticket value, or shall be paid directly by the passenger himself or herself, as the case may be.
11.- The passengers are demanded to comply with all the regulations and rules stipulated by the Company regarding the transportation of passengers and their assets, as well as the vessel captain’s orders, and they will not be permitted the access to the vessel’s restricted areas.
12.- The Company reserves the right to deny boarding of passengers suffering from any mental or any other kind of illness that, in the ship captain’s opinion, would render them unable to make the voyage or may endanger the health or safety and/or the welfare of the other passengers. Any passenger being found or suspected to suffer some mental or other kind of illness or condition and who, in the captain’s opinion, shows the aforementioned characteristics, may be disembarked at any intermediate port or other places or landing sites or intermediate points before arriving at the vessel’s final destination and be made to stay at said port and have him/her carried to the destination on his/her own account and expense.
13.- The voyage object of the ticket is an expedition cruise and the vessel does not have any elevators nor special seats nor fixtures for the disabled. By signing the ticket contract and going onboard, the passenger accepts said conditions, having no right to file any action or compensatory proceeding against the Company for any potential consequences of said circumstances, either expected and/or unexpected, foreseeable or otherwise, especially in the case of a passengers having some disability or without an optimum health condition.
14.- Passengers cannot carry, keep on their baggage or take to their cabins any fire arms, dangerous objects or any explosives being regulated by the Chilean Arms Control Law. In addition, passengers cannot carry any kind of controlled drugs or substances being prohibited by Chilean and Argentine laws. Passengers will become liable for any damages or losses on the Company, its employees and/or third parties, caused by their carrying and trying to carry said objects and substances.
15.- No animals are allowed on Company ships.
16.- Each cabin has a safety box in which the passenger shall keep, under his won responsibility, his/her own money, negotiable instruments and any other valuables he/she may be carrying. This safety box is opened with a secret password that shall be created by the passenger following the instructions of the box, placed near it. In this safety box In view of the above, the Company will not be held liable for any damages caused on the passenger as a result of potential losses and/or damages, irrespective of their cause and/or amount, of money, negotiable instruments, jewels or other valuables, such as gold or silver in ingots, coins or plates, silverware or utensils made or precious metals or of similar nature.
17.- The ship may sail along any route, enter and leave any port, return to port, change course and stop in any port and/or other places or landing sites or intermediate points, whether or not they are outside of the order or direct or ordinary course of the itinerary, journey or schedule, with or without pilots or tugboats, tug or being tugged and assist other ships in all situations. Should it be forced to the above due to any order from any authority or to comply with any regulation or legislation applicable to navigation, for reasons of safety, welfare or health of one or more passengers or due to any other event constituting an act of god or an event of force majeure, the ship may, in addition, to skip stopping at the ports or landing sites as set in the itinerary, without the passengers having any right to any compensation for any motive whatsoever.
18.- The ship is free to comply with any orders or instructions issued by competent authorities or appear to be competent to issue them, relating to either the cargo, departure, routes, stopover ports, interruptions, transshipments, unloading, arrival in destination or others. In the event that, as a result of said orders, the Company could not disembark the passengers at the point of destination as indicated in the ticket, it may disembark them at any other port or site; being regarded therein that the Cruise Contract has been fully performed and carried out as provided, without any responsibility for the Company. Consequently, in said event, the Company will not be obligated to reimburse the ticket price to any passenger nor to pay for or arrange his/her transportation to his/her destination, nor to indemnify him/her for any expense he/she may incur during his/her stay on land while he/she resumes his/her journey to his/her destination or for any other reason.
19.- Those passengers disembarking on their own account temporarily or interrupting the journey at intermediate ports or stopovers shall pay for their stay on land, as well as for all boarding and landing costs and taxes, if any. Whenever the passenger fails to show up on time at a boarding point or at any stopover point or where he/she has disembarked on a voluntary basis, the captain may resume the journey without that passenger, who shall not have the right to demand refund of the ticket price nor any other kind of compensation or indemnity from the Company.
20.- Whenever the journey is interrupted due to causes attributed to the carrier, the passenger will have the right to be accommodated and fed on board.
21.- Notwithstanding any of the aforementioned conditions, the Company will be exempted from complying with obligations arising from the Cruise Contract in any event of force majeure or act of God, without having, as a result thereof, to refund the ticket price nor to pay any compensation to the passenger.
22.- Should the passenger wish to insure health risks, death, assistance in route, loss or damage, or any other contingency that might affect him/her personally or his/her luggage during the voyage, he/she shall take up an travel assistance insurance policy en route or other insurance with the company of his/her choice.
Notwithstanding the above, the Company has in place a civil liability insurance policy to cover any accidental loss or damage that may affect any passenger on board and/or his/her personal effects on board.
The Company’s liability is regulated by the Cruise Contract provisions and appropriate norms contained in Book III of the Chilean Commercial Code.
23.- Whenever the passenger causes any damages to the ship or to any of its fixtures, equipment or movable goods, or to the Company’s property, he/she shall indemnify it.
24.- Any controversy arising between the passenger and the Company will be subject to the appropriate provisions contained in Book III of the Chilean Commercial Code.
