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GENERAL CONDITIONS OF PASSENGER TRANSPORT 2016 - SHIP BETICO (VERSION dated 01/04/2016, UNDER RESERVE OF EVENTUAL MODIFICATION)
THE COMPANY SUDILES SAS – BP 1094, 98845 NOUMEA CEDEX hereafter named “the Company”.
the transport contract is governed by the laws in force in New Caledonia and the present general conditions which the client accepts.
INSURANCE: The goods and luggage are insured against ordinary transport risks. Clients who wish for insurance against special risks (oxidation, fragility, theft, etc.) or for values over the threshold of liability are required to subscribe to an additional insurance with their insurance broker.
1. PASSENGER TRANSPORT
In purchasing a ticket issued by the Company, the client accepts all the following transport conditions.
COST OF PASSAGE AND CONDITIONS FOR VALIDITY OF THE TICKET:
Regardless of the date of issue of the transport ticket, it is explicitly agreed that the cost of the ticket will be calculated according to the tariffs in force for the day of use of the ticket. The passenger will provide the ticket office with a local mobile telephone number correct at the time of booking. The passenger will be contactable by the Company for any communication relating to the trip. For passengers not having a local mobile telephone number at the time of reservation at a sales point or on the Internet, they must include an email address that they will regularly consult before the trip. If possible, they will indicate the name of the establishment, hotel or guesthouse, where they will be staying locally. The Company is absolved of all liability if the message, email or call isn’t received by the passenger, notably if the number or email address communicated is wrong or unavailable. The ticket is nominative and cannot be used by a third party or transferred.
The passengers will present themselves, bearing their transport ticket and valid identification, at the departure port ONE HOUR BEFORE THE DEPARTURE OF THE BOAT. On board, they agree to accept the regulations drawn up by the Company and to conform to the instructions given to them by the crewmembers. The passengers will only have access to the class indicated on their ticket, unless given authorisation by the 2nd Captain. Checks may be carried out at any moment by the crew. Any contravention will be liable for a supplementary fee equal to the cost of the highest class, without prejudice to legal proceedings. Physically disabled or ill passengers must declare their condition at reservation. Pregnant women can travel by sea up to the end of the 6th month. You are obliged to notify the Company at the reservation.
Under reserve of availability in the category of seat desired, passengers bearing a transport ticket may, on the day of departure, request an upgrade requiring a supplementary fee to be paid to a member of the crew. An upgrade is the change from one class to a superior class. The applicable fees for an upgrade are available at the ticket office or on board following a request.
ON BOARD SAFETY:
The Company, through its staff or especially through the Captain of the Ship, may refuse access to the ship to anyone whose attitude or behaviour does not comply with the respect for the safety of the passengers or the ship, or who could present a public nuisance. Persons under the influence of alcohol will not be permitted on board, the consumption of drugs or alcohol is forbidden on board.
Each passenger, adult and child, is entitled to one piece of hand luggage and one piece of hold luggage. Each piece of luggage must bear the given names and surname, address and telephone number of its owner.
These are the bags, suitcases, boxes, small iceboxes whose dimensions do not exceed: 30x40x50 cm, for a maximum weight of 6Kg. The passengers are entirely responsible for the luggage which remains under their exclusive care.
These are the bags, suitcases whose dimensions do not exceed: 80x50x40cm, for a maximum weight of 15Kg for adults (13 years of age and over) and 10Kg for children (between 4 and 13 years of age). Adults only will be permitted extra luggage of 10Kg which will be billed at the tariff in force on check-in day. It will be given to the staff during check-in. A additional piece of hold luggage of 6Kg is authorised for each baby.
Are considered as freight:
- ice boxes, crates, chests, and boxes whose dimensions exceed: 60x40x40 cm and/or whose weight exceeds 25Kg;
- perishable food (yams, meat, rice, etc.), not transported in an icebox;
- vegetables (plants, flowers, etc.);
- all vehicles (including cycles and motorbikes).
By this, they must be delivered to the freight department the day before the departure of the ship, no goods (freight) will be accepted on the day of departure. Passengers are requested not to place money or valuable objects in their luggage, the Company will not be liable in this case for any loss, disappearance or theft. Luggage left unclaimed at arrival will remain at the port, at the owners’ expense and risk.
Forbidden: It is forbidden to transport merchandise in personal luggage, any infraction will lead to a supplementary fee equal to or double the freight tariff in force. It is forbidden to transport any flammable, explosive, toxic, dangerous (matches, powder, cartridges, firecrackers, etc.) or banned material, product or object.
Company liability: The Captain and the Company are not liable for diversions, notably in the case of providing aid to another ship, nor for changes to itineraries, nor to interruptions to services or delays to arrivals and departures of ships, nor to cancellations that may result from events over which they have no control and notably for unfavourable weather conditions, for special modifications to scheduled routings to the islands, for quarantine, for war, or for general or partial strike action by members of the Company or third parties. The expenses and risks of travel and any consequences resulting from these events will be born by the passengers but the tickets will be changed or reimbursed (outside of special offers).
As an exception to the above provisions, in case of cancellation of a voyage due to technical problems on board the ship, every passenger should contact the sales office of the Company to request either reimbursement of the cost of the ticket, or transport to the final destination as soon as reasonably possible.
In the case of transport, and when this is physically possible, the Company will inform the passenger of the necessary steps.
The Company will bear the expenses related to food (drinks not included) and lodging, for up to 3 nights in an establishment contracted by the Company.
If the passenger bears the expenses without the prior agreement of the Company, the Company is not required to reimburse those expenses in their totality.
The passengers are liable for any damage caused (by themselves or any person under their guardianship) to the ship, its fittings and amenities, to other passengers, to the staff and to third-parties, as well as for any penalties or fines that may be served by the authorities, notably the administrative or judicial authorities.
Damage to luggage (loss, damage): Any claim will be accepted if the damage is jointly noted by the Company and passenger during disembarkation. The “Luggage declaration” form will be presented to the Company, at the latest at the arrival of the ship, with the supporting invoices. The Company will reimburse at a prorata rate taking into account the condition of the goods declared lost or damaged.
Physical harm: In the case of any harm to his person, the passenger will present himself at the arrival of the ship on the same day and address a recorded delivery letter to the Company staff, at the latest 48 hours after the date of disembarkation. If the passenger does not comply with these requirements, he shall be assumed to have disembarked without physical harm.
ANIMALS: Animals are strictly forbidden on board the ship. Under reserve of prior acceptance by the managers of the Freight department, domestic animals (dogs and cats) may be permitted in the hold if transported in a cage with a vaccination card, without any guarantee against loss, illness or death. The owners will bear full responsibility for the animals without insurance.
2. SALES CONDITIONS
TERRITORIAL CONTINUITY TICKETS:
The affected passengers must present their Continuity cards issued by Air Calédonie for the reservation. The conditions imposed by the Government are: only valid for return tickets, departing from the Loyalty Islands or the Isle of Pines, according to the residence of the passenger, in economy class under reserve of availability. A maximum period of two months must be respected between the initial departure ticket and the second return ticket from Nouméa to the Islands. No reimbursement, cancellation or change of name will be possible in case of the cancellation of the sailing or at the passenger’s request. It will only be possible to modify the date of the ticket according to availability in economy class.
MEDICAL AID TRANSPORT CARD:
The affected passengers will present their ID cards and their Medical Aid Card A or B of the Province of the Loyalty Islands. The sales conditions to be respected are the same as those for the Territorial Continuity explained above. The Medical Aid Card must be valid at the time of travel.
MODIFICATION/CANCELLATION OF TICKETS BY PASSENGERS: In case of MODIFICATION
(date, name, destination) or CANCELLATION a fee of 1000XPF per route and per ticket will apply, only for adults and children over 4 years of age. Passengers have the possibility of postponing their trip for unused tickets at the day of departure within a period of 7 working days for a modification fee. The tickets will not be reimbursable nor modification of the name on or following the departure day. Special offers in magazines, guidebooks and the press are not reimbursable, but are modifiable with fees.
REIMBURSEMENT: Following the cancellation of a sailing, the modification or reimbursement of the ticket must be claimed from the Maritime Company within 15 days (from the scheduled date of the sailing).
A group is considered to be over 30 passengers (discount of 10%) and from 50 passengers (discount of 15%). The discounts are applicable only to the adult and child prices in force. We offer the possibility of paying in instalments. It is possible to modify or cancel the tickets up to a maximum of 20% of the total number of passengers before departure.
A deposit of 50% is requested during reservation and the balance 15 days before departure.
3. FINAL PROVISIONS
These general provisions are also applicable for the replacement ship provided by the Company from a different shipping line. All limitations, exemptions and conditions concerning the Company’s liability will also apply, if necessary, to its staff and ship representatives, as well as to its owners, employees and the representatives of any replacement vehicle.
The illegality or invalidity of any clause, paragraph or condition whatsoever of these general conditions, will not affect or invalidate any other of the aforementioned conditions. Any litigation related to the application of these general conditions shall fall under the sole jurisdiction of the Courts of Nouméa.