Ticket Agreement Conditions – Via Australis
1.- The cruise ticket includes and evidences the conditions of the sea transportation contract executed between the passenger and Transportes MarÃtimos Via Australis S.A., hereinafter also referred to as the â€œCompanyâ€.
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 does not board the vessel and take the voyage contracted, he or she will lose all his or her rights on it.Â Notwithstanding the designation of the ship on the ticket, the Company reserves the right to make the voyage, indistinctly, on any of the ships: Mare Australis, Via Australis or Stella Australis, with similar characteristics and conditions.
The ticket is issued to the name of the passenger and is not transferable or assignable to another person without the Companyâ€™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 to 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 48 hours in advance. Likewise, on the embarking day, he or she shall 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 vesselâ€™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 in 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 that the availability for the new voyage requested exists. Nevertheless, the Company at its own discretion, may accept postponements requested after 30 days prior to departure and with less that 10 days of said date, provided the passenger pays a fine of the 50% of the unused ticketâ€™s price, and that the availability exists for the new requested voyage.
Other than the above situations, the passenger is not entitled to postpone the voyage date, being understood, for all purposes, that he or she desists from travelling if he or she does not use the ticket, thereby applying the regulations related to said situation stated in these 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:
â€¢ Should the passenger notify his or her cancellation within 120 or more days prior to the initial sailing date, he or she will not incur any fine whatsoever;Should the cancellation notice be given within 119 and 60 days prior to the sailing date, the fine will be US$ 300 for each ticket whose voyage is cancelled;
â€¢ Should the cancellation notice be given within 59 and 50 days prior to the sailing date, the passenger will incur a fine, in favor of the Company, amounting to 25% of the ticket price which voyage is cancelled;
â€¢ Should the cancellation notice be given within 49 and 40 days prior to the sailing date, the fine will amount to 50% of the ticket price which voyage is cancelled;
â€¢ Should the cancellation notice be given within 39 and 30 days prior to the sailing date, the fine will amount to 75% of the ticket price which voyage is cancelled, and
â€¢ Should the notice be given within 29 days or fewer days prior to the sailing date, the passenger will incur in a fine, in favor of the Company, amounting to 100% of the ticket price which voyage is cancelled.
Therefore, 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 already been 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 counted 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 maritime authority, because of the welfare, health or security of one or more passengers or due to any other event constituting an act of God or an event of force majeure. In such situation, the passenger is not 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 voyage in case of force majeure or act of God, and in such situation the passenger is not entitled to the refund of the ticket price or to receive any indemnification for damages whatsoever.
9.- In case of delay of the departure or arrival of the vessel its destination, the passenger shall have the right to receive lodging and meals on board during the time of delay.
10.- The price of the ticket does not include the cost of port fees charged in the ports of Punta Arenas (Chile) and Ushuaia (Argentina), nor the cost of visas or immigration fees or reciprocity taxes of any other kind that are charged currently or may be charged in the future to passengers upon their entry and/or exit to and from the Republics of Chile and Argentina, nor custom taxes nor any other tax related to the cruise contract and transport of passengers, luggage and cargo, nor the payment of entrance fees or rights to enter the National Parks included along the route and excursions arranged in the itinerary. Said fees and taxes shall be charged to the passenger separately from the price of the ticket or shall be paid directly by the passenger, as the case may be. The ticket does not include tips for the crew, nor purchases made in the shops onboard, nor minutes of use of satellite phones, nor any other additional expense in which the passenger incurs due to personal needs or circumstances that may occur during the trip, such as a medical evacuation requested by a passenger or his(her) relatives.
11.- The passengers are obliged to comply with all the regulations and rules stipulated by the Company regarding the transportation of passengers and their belongings, as well as the vessel captainâ€™s orders, and they will not be permitted the access to the vesselâ€™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 captainâ€™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 captainâ€™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 vesselâ€™s final destination and be made to stay at said port and have him/her transported 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.- Any adult passenger accompanied by minors shall assume full responsibility for the integrity of said minors and for their compliance with the safety measures of the vessel.
15.- Passengers cannot carry, keep in 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 of the Company, its employees and/or third parties, caused by their carrying and trying to carry said objects and substances.
16.- No animals are allowed on Company ships.
17.- Each cabin has a safety box that is opened with a single key that is handed over to the passenger. In this safety box the passenger shall keep, under his own responsibility, his/her money, negotiable instruments and any other valuables he/she may be carrying. 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, jewelry or other valuables, such as gold or silver ingots, coins or plates, silverware or utensils made of precious metals or of similar nature.
18.- 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; it may tug or be 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, omit 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.
19.- 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 liability 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.
20.- 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.
21.- 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, at no additional cost.
22.- 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.
23.- 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 Companyâ€™s liability is regulated by the Cruise Contract provisions and appropriate norms contained in Book III of the Chilean Commercial Code.
24.- Whenever the passenger causes any damages to the ship or to any of its fixtures, equipment or movable goods, or to the Companyâ€™s property, he/she shall indemnify it.
25.- 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.