1.Applicable Rules and Regulations
1.1 This sales agreement for a tourist package (including a cruise) is subject to these General Conditions, in addition to any additional conditions that might be contained in brochures, leaflets or catalogues published by the Organiser, and any other documentation supplied to the passenger by the Organiser.
1.2 The single clauses of these General Conditions have to be regarded as independent of each other. The total or partial invalidity of a single clause or paragraph will not invalidate any other clause or paragraph of these general contract conditions.
2.Conclusion of Contract
2.1 For any passenger who directly makes booking through the Organiser, his or her booking application must be drawn up in a specific form (in a computerised version, where applicable), every part of which should be filled in, to be signed (or confirmed with a click) 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 referred to in article 3.1. Failure to pay the expense in a timely manner 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 the catalogues, are subject to availability and time limits, in accordance with the conditions laid down by the Organiser from time to time, at the absolute discretion of this latter.
2.5 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 duly authorised to do so on behalf of the parties concerned, and will also guarantee that the parties named in the booking form will act in accordance with all the contract obligations.
2.6 Bookings from minors will not be accepted. Without affecting the terms of article 2.5, 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.
2.7 As the vessels are not equipped to offer assistance in pregnancy and childbirth, bookings will not be accepted from passengers who, at the scheduled end of the cruise, have entered the 25th week of pregnancy.
2.8 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, the minimum age will be raised to 12 months.
2.9 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, shall 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 board the vessel or ashore for disabled passengers and will not be held responsible for any impediment or difficulties encountered by them in making use of the services and activities included in the tourist package.
2.10 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 or assistance, and shall personally carry the necessary medicines and medical instruments for personal use within the scope permitted by law. 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.
2.11 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 suitably in advance of the start of the voyage.
2.12 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.
The ticket price must be paid upon execution of the contract in accordance with the time limit that has been agreed upon or designated by the Organiser. Failure to pay the full price due on the dates specified above will lead to the cancellation of the booking 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 payment of the price has been paid.
4.1 The ticket price should be the amount specified in the cabin booking catalogue provided by the Organiser. Prices shown in this catalogue don't include i) the service charge for hotel services – which will be published by the Organiser from time to time- payable on board at the end of the cruise. No further service charges are payable to staff; ii) the items chargeable aboard the cruise, the expenses for onshore trips, and other expenses specified in the booking information forms.
4.2 The prices 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 marine fuel, (ii) duties and taxes on the services, such as taxes for harbor mooring, boarding and disembarkation, and (iii) other objective factors. In situation (i), 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 of the cruise (excluding 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. For instance, fuel cost increases 15% --> cruise price increases by 4.5%; fuel cost increases 30% --> cruise price increases by 9%. Prices included in the pricing grids of this catalogue were determined in February 2010, month of the first edition, considering fuel cost of EUR 221,52 per metric ton Platts IFO 380 Genoa average; change rate being 1 USD = 0,78 EUR. In situation (ii), the increase will be equivalent to the entire amount of increase in duties and taxes.
4.3 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.Modification of 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) the replacement of the ship on the basis of the terms of article 5.4, (ii) changes to the cruise itinerary on the basis of the terms of article 5.5, (iii) the allocation of a different cabin on the basis of the terms of article 12, (iv) changes in the scheduling of events and other forms of entertainment on board the vessel.
5.2 A passenger who receives a notice of change in any essential aspect or price modification of more than 10% shall, within 2 working days immediately following its receipt of such notice, inform the Organiser of its decision whether to continue or cancel the trip in writing, in order to let the Organiser handle such change or price modification according to these General Conditions. 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 and the cruise is unable to commence the cruise, it will provide alternative solutions compatible with the technical and safety requirements. If no alternative solution is possible and the cruise cannot be continued, 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, only if such a solution is objectively indispensable in the circumstances. The Organiser shall refund the passenger the remaining amount of the price hereunder, after deduction of the amount which has been already paid and could not be refunded 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 the Organiser, have the right to modify the cruise itinerary due to force majeure, the health and security of the passengers, or for any reason regarding the safety of the ship and its navigation, and the passengers should cooperate with such modification.
6.Cancellation of Itinerary by Passengers
6.1 The passenger may, after he or she has received a notice of modification of essential aspect under Article 5.1 above, choose to accept the replacement package where the service standard is likely the same, or to execute what is agreed under these General Conditions or the specific solutions published by the Organiser regarding such voyage.
6.2 A Passenger who withdraws from the contract for reasons other than those specified in the previous paragraph will be charged the following amounts as a percentage of the price of the package:
Up to 90 days or more before the departure the cancellation fee will be USD 30 per person
From 89 up to 50 days before the departure the cancellation fee will be 20%
From 49 up to 28 days before the departure the cancellation fee will be 40%
From 27 up to 14 days before the departure the cancellation fee will be 60%
From 13 up to 07 days before the departure the cancellation fee will be 80%
From 06 up to the departure day the cancellation fee will be 100%
A passenger who withdraws 6 days prior of the departure date, 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.
FOR THE AROUND THE WORLD CRUISE ONLY
Up to 120 days or more before the departure the cancellation fee will be 15%
From 119 up to 90 days before the departure the cancellation fee will be 20%
From 89 up to 60 days before the departure the cancellation fee will be 40%
From 59 up to 45 days before the departure the cancellation fee will be 60%
From 44 up to 28 days before the departure the cancellation fee will be 80%
From 27 up to the departure day the cancellation fee will be 100%
A passenger who withdraws 27 days prior of the departure date, 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.
7.1 A passenger who is not in a position to make use of the tourist package may be replaced by another person provided:（1）the Organiser is informed of this fact in writing 10 working days prior to the scheduled departure date, at which time the identity details of the replacement should also be provided;（2）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;（3）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 RMB 200 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, in accordance 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 cancellation by the passenger and a new booking by the replacement. In such a case, the cancelling 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
8.1 If at any time prior to the departure the Organiser should announce the cancellation of the original package for any reason other than those attributable to the actions of the passenger, the Organiser will offer the passenger the right to make use of a replacement package where the service standard is likely the same, or reimbursement on the basis of the methods set out in the paragraphs which follow.
8.2 If the Organiser should cancel the tourist package according to Article 8.1, it will refund the passenger the amount duly received by it from the amount that the passenger has duly paid out, with the exception of cases of force majeure, accident, the failure to meet the minimum number of passengers, or refusal on the part of the passenger to accept the replacement package offered by the Organiser that are not caused by the Organiser’s intention or gross negligence.
8.3 In the event of unforeseen or uncontrollable circumstances, the failure to meet the minimum number of passengers that are not caused by the Organiser’s intention or gross negligence and refusal on the part of the passenger to accept the replacement package offered by the Organiser, the passenger will be entitled only to the remaining amount of the price hereunder, after deduction of the amount which have been already paid and could not be refunded by the Organiser.
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 whose nationality is that of the country in which the catalogue is published.
9.2 The passenger will also conduct him or herself in such a way 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 in accordance 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 on his or her behalf, on the basis of Article 13.4 of these General Conditions, with regard to third parties responsible for any damages suffered by the passenger, and will be responsible to the Organiser in the event of 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.
10.Powers of 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 on the voyage for any reason, or is a risk to the health and safety of the other passengers and crew, or to the safety of the vessel, 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 of the contract, by other service providers. The Organiser will take no responsibility for any such measures that 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 the consent of such governments or authorities or any other parties with the right to issue such orders or directives, on the basis 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-compliance with 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.
10.4 Passengers are required to take part in all emergency drills and activities concerning instructions for passengers that are organised on board the ship.
10.5 More specifically this means that passengers must comply with all the instructions and orders they receive on board, including those concerning the instructions and emergency drills mentioned in article 10.4.
11.Pledge and Retention
The Organiser has the right to withhold the baggage and other property of the passenger and use these as a pledge or retention for the payment of any additional sums due from the passenger for the goods and services acquired on board.
12.Accommodation on Board or in Hotel
12.1 The Organiser has the right to allocate the passenger to a cabin different from that agreed upon, provided it belongs to the same category.
12.2 When included in the package and where no official classification of hotels exists, the hotel accommodation will be allocated on the basis of reasonable equivalents to the classification system in use in Italy.
13.1 The Organiser is responsible for the damage caused to the passenger due to total or partial failure to provide the services due under the terms of the contract and failure to offer the replacement package where the service standard is likely the same. The Organiser will not be held responsible if the damage is due to the actions of the passenger (including any initiatives taken by this latter during the execution of tourist services) or a third party not involved in the supply of services under the terms of the agreement, unforeseen or uncontrollable circumstances, refusal on the part of the passenger to accept the replacement package offered by the Organiser or any other circumstances that the Organiser could not have foreseen or been able to resolve with the application of due professional diligence.
13.2 All exemptions from or limitations of responsibility, justifications or objections that could be invoked by the Organiser under the terms of this contract also extend to all the parties who are or could be regarded as the personnel of the Organiser, or acting as assistants, agents, sub-contractors, distributors or consultants to the Organiser in any way or for any reason, as well as to the insurers of the Organiser.
13.3 The Organiser is not responsible to the passenger in the event of any non-compliance with the obligations of the Organiser on the part of the Travel Agency or any other intermediaries involved in the stipulation of the contract.
13.4 When the Organiser has paid compensation to a passenger, it takes over this latter's rights and entitlement to take action against the liable third parties.
14.Limits of Compensation
14.1 The compensation due from the Organiser will in no circumstances be greater than the indemnities which apply and the limitations to these as laid down in the Italian and international regulations in force on the service whose failure to supply has brought about the damage, where applicable. If no specific regulations apply to the service in question or the regulations which do apply to not lay down any limits on the indemnities payable by way of compensation, the limitations set out in article 13.2 of the Convention of Brussels of 23rd April 1970 (CCV) will apply.
14.2 If the Organiser is also the owner, operator or charterer of the vessel used in the cruise, this will have no effect on the application of the regulations on the limitation of debts as set out in articles 275 and following of the code of shipping, or, to the extent that it applies, the Convention of Brussels of 10th October 1957 or the Convention of London of 19th November 1976 and subsequent modifications.
15.1 The excursions are subject to the general contract conditions of the local operator supplying the services and the national regulations that apply.
15.2 The prices and itineraries of the excursions as published in the catalogue are provided merely as a guideline, and are subject to variations. The timing and itineraries of the excursions may be subject to alteration in accordance with outside circumstances, such as the weather conditions, strikes, transport delays and similar, and on the basis of the operating requirements of the service suppliers.
15.3.If an excursion is cancelled for technical reasons, due to unforeseen or uncontrollable circumstances or due to failure to obtain the minimum number of participants, Costa Crociere will reimburse the passengers to the extent that such reimbursement has been made available to the local operator. 15.4 Unless otherwise specified, the excursions will take place using vehicles which are not specifically equipped for disabled users.
15.5 Special conditions, requirements or regulations may apply to certain types of excursion, depending on the conditions that apply to the specific circumstances, such as the use of means of transport driven by the passengers themselves.
16.Air Transport and other transportation segments
16.1 With regard to air transport and other segments of transportation, Costa Crociere cannot be regarded as an airline or an organisation adopting the role of an airline, as such a position is taken up exclusively by the relevant air transport company and carriers of other segments of transportation, and/or those delegated to act on its behalf, with all the connected risks and responsibilities, which cannot therefore be attributed in any way to Costa Crociere, even in an indirect or intermediary manner, etc.
17.1 The ship's doctor provides assistance to the passengers as an independent professional, not as an employee of the Organiser. The use of the services of the ship's doctor is therefore voluntary, and any fees due will be payable by the passengers.
17.2 The decisions of the ship's doctor as to whether or not a passenger is in a condition to embark on board the vessel and/or continue with the cruise are binding and not subject to appeal.
18.Custody of valuables
A safety deposit box is made available to the passengers on board the ship. The Organiser will accept no responsibility for cash, documents, stocks, jewellery and other precious objects which are not kept in these safe deposit boxes or when such deposit boxes are not used properly.
19.Obligation to provide assistance
The obligation on the part of the Organiser to provide assistance to passengers is limited to the diligent supply of the services as specified in the contract and the obligations imposed on it by the legislation in force.
20. SAFETY INFORMATION
THE FOLLOWING SAFETY INFORMATION IS VERY IMPORTANT DURING YOUR ENTIRE CRUISE. THE ORGANISER RECOMMEND YOU READ THEM THOROUGHLY:
20.1 IT IS SUGGESTED THAT YOU ALWAYS WEAR A PAIR OF ANTI-SKID LOW-HEELED SHOES, ESPECIALLY WHEN WALKING ON THE OUTER DECK. THE OUTER DECK WILL BECOME WET BECAUSE OF WEATHER. THEREFORE, IT IS SUGGESTED THAT YOU WALK SLOWLY AND TAKE CAUTION FOR THE WET FLOOR WHEN YOU ARE ON THE DECK.
20.2 PLEASE FOLLOW THE RULES REGARDING USE OF SWIMMING POOLS OR JACUZZI POOLS. YOU MAY FIND THE RELATED SAFETY INSTRUCTION INFORMATION BESIDE A SWIMMING POOL OR JACUZZI POOL. CHILDREN MAY NOT USE ANY SWIMMING POOR UNLESS AND WHEN CLOSELY GUARDED BY THEIR PARENTS. SWIMMING POOLS ON THE SHIP WILL NOT BE GUARDED BY LIFEGUARDS. THEREFORE, ALL PASSENGERS SHALL RESPECT THE SAFETY RULES OF SWIMMING POOLS OR JACUZZI POOLS. ALL PASSENGERS ARE FORBIDDEN TO DIVE IN SWIMMING POOLS OR JACUZZI POOLS.
20.3 PLEASE PAY ATTENTION TO THE SAFETY RULES REGARDING USE OF ELEVATORS. CHILDREN MAY NOT USE ELEVATORS UNLESS UNDER CLOSE SUPERVISION OF THEIR PARENTS.
20.4 IF YOU NEED ANY HELP OR NEED TO USE ANY FACILITY OR EQUIPMENT ON BOARD, PLEASE CONTACT THE SERVICE STAFF OF THE ORGANISER. THE SERVICE STAFF WILL GIVE YOU THE CORRECT OPERATING INSTRUCTIONS AND TIMELY HELP.
20.5 WHEN YOU ARE BOARDING OR DISEMBARKING (INCLUDING BUT NOT LIMITED TO USING AN ACCOMMODATION LADDER OR FERRY), PLEASE HOLD THE HANDRAIL ALL THE TIME AND WALK SLOWLY AND IN AN ORDERLY MANNER. WHEN YOU ARE WAITING FOR BOARDING OR DISEMBARKING (INCLUDING BUT NOT LIMITED TO WHEN YOU ARE ON THE SHIP OR AT THE DOCK), PLEASE QUEUE UP IN AN ORDERLY MANNER AND WALK SLOWLY ALL THE TIME.
20.6 WHEN YOU ARE USING AN UPPER BED OR ANY STAIRS, PLEASE HOLD THE HANDRAIL AND WALK SLOWLY IN ORDER TO AVOID FALLING OR SLIPPING.
20.7 SINCE THERE ARE MULTIPLE SWIMMING POOLS ON THE SHIP, AND SINCE THE ORGANISER WILL CLEAN THE SHIP FROM TIME TO TIME IN ORDER TO ENSURE A TIDY ENVIRONMENT ON THE SHIP, PLEASE WALK SLOWLY WHEN YOU SEE THE SAFETY WARNING SIGNS IN ORDER TO AVOID SLIPPING.
21.Claims and Claim Reports
Any complaints regarding the organisation or running of the cruise have to be reported by the passenger in writing in the form of a claim at the time when these arise or, if this is not possible for any reason, within 10 days of the scheduled date of return to the starting point. The Organiser will examine all the claims presented promptly and in good faith, and will do everything possible to bring about a swift, fair, amicable settlement.
22.Insurance Coverage for Assistance, Medical and Baggage Costs
22.1 Upon signing the booking agreement, the passenger may opt to make use of the insurance policy presented along with the application, by paying the full cost of the premium. If the passenger does not intend to make use of this policy, he or she will have to confirm to the Organiser that he or she has taken out a different policy to cover the same risks, upon the same conditions and with the same maximum sums insurable.
22.2 The insurance relationship is set up directly between the passenger and the insurance company, and all the obligations and duties regarding the insurance policy are therefore the exclusive responsibility of the passenger.
22.3 If the passengers decide not to purchase travel insurance, such as in case of accidents or other incidents, or for any loss caused during the trip thereby, will be borne by passengers. Cruise line shall not be responsible for any compensation and potential cost involved.
A National Guarantee Fund has been set up by the Italian government, and is at the disposal of passengers, in accordance with the terms of article 100 of the consumer code (article 21 of legislative decree 111/1995), in the event of the insolvency or bankruptcy of the Organiser, with a view to safeguarding the following requirements: a) reimbursement of the price paid; b) repatriation in the case of foreign travel. The fund will also guarantee the immediate availability of funds in the event of the compulsory return of tourists from countries outside the European Union due to emergencies, whether or not these are a consequence of the conduct of the Organiser.
24.Confidentiality of Personal Information
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. The Travel Agent is obliged to pass on this information and, where necessary, obtain the consent of the customer to do so. 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 in accordance with a legal obligation, the customer's data may be passed on to persons, companies, associations or professional bodies which provide Costa Crociere with services 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. The above also extends to the information required with a view to complying with the security 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.
25.The Governing Law and Jurisdiction for Dispute Resolution
Unless otherwise provided in the contracts containing this General Conditions, the contracts containing this General Conditions should be governed by and interpreted in accordance with Italian laws.Any dispute that may arise pursuant to or related to this present contract (including but not limited to breach of contract or tort) shall fall exclusively under the jurisdiction of the Law Court of Genoa.
Information Regarding Handling of Personal Data
Pursuant to Section 13, Legislative Decree No. 196 of 30 June 2003 - Privacy Code (hereinafter the “Code”), Costa Cruises informs you that the personal data (hereinafter the “Data”) provided by you during the purchase of the holiday package, or otherwise obtained as a result or on the occasion of your cruise, will be processed in accordance with the said Code.
Your data will be handled on paper or electronically in such a way as to guarantee their integrity and confidentiality, by adopting the most advanced security tools, for the following purposes:
a）Establishment, management and implementation of contractual relations between you and Costa Cruises;
b）purposes connected with the fulfilment of any legal obligations, regulations, national and EU laws, or arising from directions issued by authorities that are entitled to do this by law;
c）anonymous processing of statistics and market research in order to determine customer profiles.
Your data may be communicated, exclusively for the above purposes, to the following categories:
• companies belonging to the same group of companies as Costa Cruises;
• individuals, companies, associations or professional firms providing services or assistance and advice to Costa Cruises;
• persons whose entitlement to access the data is recognised by legal provisions or secondary legislation or by directions issued by authorities entitled to do this by law, including the port authorities of the places of disembarkation.
The data may also be known to internal personnel, acting as data processors and/or data processing managers, and to external parties, appointed as data processing managers, instructed to perform specific processing operations by Costa Cruises.
The supply of data is required for the performance of the contract. The data you supply may also contain data defined as “sensitive” by the Code. Any such data may only be handled with your written consent, in the absence of which Costa Cruises will not be able to fulfil its contractual obligations.
Furthermore, with your consent, Costa Cruises may:
a）send you information, advertising and/or promotional material, discounts, incentives, invitations, entries to prize competitions, by post, email, mobile phone, text message, fax and landline telephone;
b）carry out profiling activities (analysis of consumer choices in order to devise general or individualised marketing strategies);
c）forward your data to Costa Cruises Group companies and commercial partners of Costa Cruises for them to send you information and advertising material.
We also inform you that, by submitting a request to Costa Cruises, you may exercise the rights stated in Section 7 of the Code, which grant specific rights to the person concerned. These include the right to obtain from the Data Controller a confirmation of the existence of your personal data; to be informed of the origin of the data and of the logic and purpose of the processing; to obtain the deletion, transformation into anonymous form or blocking of any data processed in violation of the law; to have the data updated, corrected or, if appropriate, supplemented; to object to the processing, for legitimate reasons; to object to the data being used for commercial, advertising or marketing information.
The Organiser and the Data Controller under these General Conditions is Costa Cruises S.p.A. in Italy, with registered office at Piazza Piccapietra 48, Genoa, Italy. A full and up-to-date list of the Data Managers is available from the registered office of Costa Cruises.