General conditions of maritime transport under the maritime excursion regime
These General Conditions of Maritime Transport are posted and available to the public for consultation prior to booking and purchasing tickets, both in paper format, in all sales areas at the Carrier's official ticket offices, and in digital format, on the Company's website (https://www.costasolcruceros.com/).
1.-DEFINITIONS
“Carrier” means the Company COSTASOL CRUCEROS SL that carries out the transport of passengers on a maritime excursion basis with its ships, under any operating and/or management regime.
“Maritime excursion” means a passenger transport service associated with tourist trips on ships or boats that depart from a port and, after following an itinerary, return to the port of departure within a period of no more than 12 hours, and may stop at anchor and make intermediate stops at another port, but all passengers must complete the entire itinerary.
“Vessel” means a vessel used for navigation by sea or on inland waterways, which is a passenger ship.
“Passenger contract” means the contract of carriage between the carrier and a passenger for the provision of one or more passenger transport services on a maritime excursion basis.
“Ticket” or “boarding pass” means a document validly issued by the carrier as proof of the passenger transport contract entered into.
2.- APPLICABLE LAW AND LIABILITY REGIME
This contract for the transport of passengers on a maritime excursion will be subject to Spanish law, community regulations and those international conventions to which Spain is a party. Specifically, Law 14/2014, of July 24, on Maritime Navigation, which is considered incorporated into the passenger contract, will apply to this transport contract.
3.- PASSAGE AND TICKET CONTRACT
Under the passenger contract, documented by the issuance of the corresponding ticket and/or boarding pass, the carrier is obliged, in exchange for a price, to transport the passenger by sea, and where applicable, his/her luggage, on a maritime excursion basis.
The ticket is personal and non-transferable and may be issued in electronic format. The maritime transport contract is finalized with the prior payment of the ticket duly issued by the carrier, it being understood that the passenger expressly accepts all its terms and conditions, by the mere fact of having used it as a transport document.
Only persons with a ticket and/or boarding pass for the date, time and route indicated on both may board the plane. The carrier is not responsible for the loss of the ticket/boarding pass. Passengers are required to keep both documents throughout the journey. In the event of a claim, passengers must present a copy of the ticket and the boarding pass, otherwise the claim cannot be processed.
The carrier offers passenger transport subject to its general, promotional and/or special rates, duly published in all sales areas, at official ticket offices and on the company's website. The carrier reserves the right to modify these rates without prior notice.
The carrier is not responsible for the passenger's handbags and belongings in case of theft or loss.
Complaint forms and suggestions are available to travellers at our departure and arrival points.
4. BOATS
The vessels of COSTASOL CRUCEROS SL — “MAGIC VISION” (NIB 243153) and
“STAR FISH TWO” (NIB 25376) They are passenger ships according to their Shipment Sheets, suitable for navigation
and maritime passenger transport, classified as 2nd list (passenger ships), and dispatched and with capacity for
passenger transport, according to the statutory certificate of the vessels (including the maximum number certificate
of ship passengers), which confirms that the activity is that of maritime passenger transport.
COSTASOL CRUISES SL is registered in the Registry of Shipping Companies, in which they are registered,
in accordance with the provisions of article 251 of Royal Legislative Decree 2/2011, of September 5, by which
approves the Revised Text of the Law on State Ports and the Merchant Navy (the "TRLPEMM"), and in Article 10.1
of Royal Decree 1027/1989, of July 28, on flagging, registration of ships and maritime registry.
Natural or legal persons who own one or more vessels whose length between perpendiculars is
equal to or greater than nine meters, from the First, Second, Fifth and Sixth Lists, and those that are not owners of
they dedicate themselves to their exploitation.
5. SCHEDULES, ROUTE, BOARDING, AND CANCELLATIONS
The departure times of each sea excursion are predetermined and available to the public for consultation prior to booking and purchasing tickets, both in paper format, in all sales areas at the Carrier's official ticket offices, and in digital format, on the Company's website (https://www.costasolcruceros.com).
The carrier is authorized to modify the announced schedules and even suspend and cancel the transport for reasons of safety, organisation, weather or force majeure.
The carrier will determine and inform the “cut-off time” for acceptance for boarding, after which boarding will be denied to passengers who are not ready to board. The carrier declines any liability for the denial of boarding to passengers who present themselves after the cut-off time for acceptance for boarding has passed.
The carrier will be free to carry out the transport following the route and itinerary it considers most appropriate.
In case of cancellations by the passenger, the following conditions will apply:
-Cancellations made at least 24 hours prior to departure will NOT be penalized.
6. DISCIPLINE ON BOARD
The captain has command and direction of the ship, has authority on board, and may take any police measures he deems necessary to maintain order on the ship, as well as to ensure the safety of all those on board. Passengers must obey the captain's orders, without prejudice to their right to make any complaints they deem appropriate once the ship has arrived in port.
7. MAIN SERVICE, ACCESSORY SERVICES AND TAX REGIME
For the purposes of the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), VAT will be charged at the reduced rate of 10% since this is a maritime passenger transport activity (art. 91.one.2.1° of Law 37/1992). Other accessory services on board, such as consumption on board, are taxed jointly with the main transport operation.
8. JURISDICTION:
Any disputes arising in relation to the interpretation, application or execution of the transport contract shall be subject to the jurisdiction of the Commercial Courts of Malaga, without prejudice to the consumer's right to resort to alternative dispute resolution in consumer matters.