GENERAL TERMS OF TRANSPORT FOR PASSENGERS WITH AND WITHOUT VEHICLE

Only the company named on the ticket is responsible for the transport. The shipping company commits itself to transport passengers and vehicles according to the above-mentioned General Terms of Transport available in the port offices, the ticket counters, and the MOBY offices. The term “passenger” is used to name all persons who are being transported on the basis of these General Terms of Transport. The term “transport enterprise” and/or “company” is used to name the MOBY S.p.A., Via Conservatorio, 17 - 20122 Milano - Italy (C.F. 4846130633 - P.I. 13301990159) or the Moby France S.A.S., 4, Rue Cdt. Luce de Casabianca - 20200 Bastia, France. By command (= reservation, booking) or purchase of the ticket (also by phone), every passenger declares explicitly to have taken notice of these conditions and engages to respect and accept them to their full extent.

1.-TRANSPORT REGULATIONS:
The object of the contract shall be the transport performance, as regulated by sections 396 and seq. of the Italian Merchant Shipping Act. The shipping company shall not be held liable for damage caused by strike, missing or delayed trips respectively due to bad weather conditions, by technical or mechanical damages to the ship, and by incidents for that the shipping company is not responsible, such as quarantine, war, and any form of Acts of God. The shipping company reserves the right to change ports, times of departure and arrival (this can also be ordered by the captain for reasons of security for passengers and the ship), terms and tariffs without announcement. The arrival and departure times have been calculated on the basis of the distances to the individual ports and due to good weather conditions. The transport enterprise is not to be held liable for any delays caused by port operations. The scheduled ship operation can be altered by the transport enterprise without having to give reason. Please take a valid prospectus with you, as, among others, important telephone numbers are given in there. Italian Merchant Shipping Act is applied to the contract between transport enterprise and passengers as long as no other terms are contained in the following travel conditions. The passengers are responsible themselves for their luggage and their personal belongings until disembarkation.

2.-VALIDITY OF THE TICKET:
The ticket is issued under a name, is nontransferable, and is valid for only those crossings specified on the ticket. The passenger is to keep the ticket and present it on request of an officer or a representative of the transport enterprise. Should the passenger not be in possession of a valid ticket, twice the regular ticket amount was be charged and compensation for damages was claimed. Letters of confirmation issued from travel agencies for crossings cannot be accepted. For incorrect information on the number of persons, vehicles, etc., the balance is to be paid immediately. In case of incorrect information on lengths, widths and heights given, passengers may be placed in a waiting list and embarkation can be refused. Open date tickets cannot be issued. For bookings performed in Italy the Italian travel conditions apply. At the purchase of the ticket, the customer needs to check if all information correspond with the statements and data of his booking. Moby doesn’t take over any responsibility for a wrong ticketing. Open tickets aren’t possible. For bookings effectuated in Italy the Italian general terms of transport are applied.

3.-CANCELLATIONS/REIMBURSEMENTS:
Surcharges and other costs won’t be refunded. Cancellations must be submitted in written from and confirmed by MOBY before the intended date of departure (also possible on journey at any travel agent with a Moby ticket sales point). Fees will be charged, independent of whether the tickets have been issued or not. These are as follows (day of cancellation will not be counted): SARDINIA, CORSICA and TOULON: down to 30 days before departure: 10% of the travel price; 29 days - 48 h before departure: 20% of the travel price; from 48 hours to 4 hours before departure: 50% of the travel price. Should the person not appear or cancel at a later date or the ticket has been bought the same day as departure day a 100% cancellation fee is charged: ELBA: down to 30 days before departure: 10% of the travel price; 29 days - 10 days before departure: 20% of the travel price. Should the person cancel later no refund will be paid. The ticket, however, can be used against a previous booking for a crossing to Elba (only routes as booked originally) during the year of issue (possible seasonal changes, etc. must be recalculated). If the cancellation has not taken place this right dispels. PEX RATES, “BEST OFFER”: see also point 6.

4.-LOSS OF THE TICKET:
The booking or port office must be informed immediately of loss or theft of a ticket. Replacement tickets may only be issued on condition that the lost ticket has not been used, a reservation has been made and the passenger can provide proof of identity by passport or identity card. Generally € 10,00 will be charged immediately for the issue of a replacement ticket at port office.

5.-BOOKING CHANGES/REIMBURSEMENTS:
Per each change (required in written form) a fee of € 10,00 is charged if not specified otherwise in the terms & conditions (in addition to the possible necessary extra charge for changes in the seasonal period, number of persons or change in vehicles). Modifications - if permitted - are possible until 90 minutes before departure, however only for dates which are stated in the current Moby brochure. Changes of destination (for example Sardinia to Corsica or Corsica to Elba) are not allowed. From 9 days before departure date on, the ticket price does not change if due to a change in season the final price of the new booking is lower than the originally reserved trip, i.e. the original value of the booking will be calculated. For PEX RATES, BEST OFFER see also point 6. For booking changes performed in Italy the Italian travel conditions apply. Tickets which have been changed manually and do not have a MOBY stamp will not be accepted. For partial cancellations (e.g. decrease in the number of persons, cabins, etc.) fees as shown at points 3 and 6 will be charged.

6.-Special fares (all PEX RATES and BEST OFFER):
Just limited availabilities in Best Price A. The special tariffs aren’t applicable retroactively. In addition, the extra terms of application being advertised each time with the special tariffs shall apply. Surcharges and other costs won’t be refunded. CORSICA, SARDINIA and TOULON: they can only be cancelled against 100% cancellation costs. With the special tariff “BEST OFFER” 100% cancellation costs will be charged on all categories/people listed in the reservation in case of a cancellation being made. No reimbursements for not appearing for the whole or partial journey. Amendments and name changes are possible up to 90 min. before departure (fees per partial trip € 10,00 for Corsica and Toulon routes and € 25,00 for Sardinia routes) plus the possible difference between the former price and a necessary higher price. ELBA, SARDINIA VIA CORSICA (SARCORS): the reservation/ticket cannot be changed, amended or refunded. In case of cancellation, the entire ticket price is charged. Our special tariff “Best OFFER” is only valid in case, a booking is done also for a motorized vehicle, and applies exclusively to motorcycles or passenger vehicles of cat. 1 - 3, which are not longer than 5 m and not higher than 2,20 m, even not for roof baggage or bicycles. Empty or loaded vehicles and any delivery vehicles, which are designated for freight transport are not allowed. This offer does not apply to campers, minibuses, motorhomes etc. If realized at embarkation that a motorized vehicle is missing or the vehicle is a special motor vehicle, additional payments plus penalty will be demanded.

7.-CHECK-IN:
Before boarding the ship all passengers and vehicles must check in latest 30 minutes for passengers and 90 minutes for passengers traveling with vehicles. For later presentation we cannot guaranty the transportation.

8.-VEHICLES/SPECIAL CHARACTERISTICS:
Please obey the specified vehicle categories and indicate while booking your vehicle license plate number. You can find the detailed description in our brochure and in the internet - we ask you to strictly observe them. A) Gas-driven vehicles must be registered extra with booking and embarkation. B) Vehicle’s alarm systems and anti-theft devices must be switched off on the ship. The driver is responsible that the hand brake is adducted, a gear is shifted, the lights are switched off and the vehicle is locked. C) When supplying information about length, width and height we require the overall dimensions of the individual dimensions including possible rear or roof carriers. In case of wrong information and/or non-compliance with the regulations , additional payments plus penalty will be demanded (50 €), a waiting list can be necessary and the embarkation can be refused. Trucks, delivery trucks (longer than 6m) and vehicles with more than 1500 kg of burden are not considered as special vehicles but as freight vehicles. Those must be booked separately. Bicycles can be carried - please consider the description on page 9 and in the appropriate price lists. With reference to Article 412 and 435 of the of the Italian Merchant Shipping Act possible vehicle damages or other events originated from our ships must be reported before the debarkation. The passenger must claim the damage to a responsible officer, so that a damage standard form can be filled in and signed. Without this form a refund is not possible.

9.-PETS:
Dogs and cats must be inoculated (Inoculation passport necessary). Please observe the entry regulations of the countries. Dogs must be tied on a leash and must carry a muzzle on board and are not allowed in cabins or public rooms of the ships.

10.-PASSENGER DETAILS:
In accordance with L.D. No. 251 from October 13, 1999, and in connection with EU-Instruction 98/41 from June 18, 1998 and due to anti-terrorism regulations and the ISPS Code, we have to notify to our customers of the following: ART. 4 PASSENGERS INFORMATION - Each passenger who requires special help or assistance in emergency situations must immediately set into knowledge the transport enterprise of this fact while embarkation. All passengers must provide the following information when making reservations: surname, first name (or initial), sex, age category (baby, child, adult). All changes related to the abovementioned information which may occur between the time of reservation and the crossingmust be provided immediately. The personal data will only be used during the foreseen times and in conformity with the EU Instruction. The traveler is liable for observe the entrance regulations of the individual countries, e.g. for journeys to/from Corsica and to/from Toulon a passport or identity card (even for children) is required. Costs which occur due to missing travel documents will be charged from the passenger. Passengers who need help for embarkation (persons with reduced mobility or wheelchair users) are obliged to contact at least 2 hours before boarding our staff in front of the ship, so that appropriate arrangements can be prepared (parking place near the elevators, etc.).

11.-CABINS AND COACH SEATS:
Passengers with reservations for cabins and coach seats must register at the ship’s reception desk immediately after embarkation. 90 min. after departure, the seats or cabins not seized are passed to passengers who registered in a waiting list at the reception of the ship. Clients have to leave their cabins 1 hour prior to arrival. On board purchased cabins are calculated with an extra charge of 10 € to the actual valid tariff.

12.-PORT TAXES, LOCAL TAXES, SUPPLEMENTS AND SURCHARGES
are included in the price. Surcharges and other costs won’t be refunded. Changes can be made at any time up to the issuing of the ticket.

13.-SECURITY AND COSTS ISPS:
In compliance to the international code ISPS related to the norms of anti terrorism, the passengers are informed that security controls for passports, vehicles, luggage can be done at the port or on board of our vessels. The transport enterprise points out that the costs for ISPS can be increased on behalf of the port authorities also after brochure print. For your safety: during the resting period in the ports, it is recommended to observe a safety distance of 50 meters to the ships.

14.-EMBARKATION:
After embarkation you cannot leave the ship, neither people nor vehicles. Please take all items necessary for the crossing out of the vehicle as the garage decks will be closed after departure and access won’t be possible then. The shipping company is not liable for valuables or vehicle equipment. If the ferry has separate passenger entrances, the vehicles may only be driven into/from the garages by the drivers.

15.-DECLARATION REGARDING THE VALUE OF THE VEHICLE CARRIED ALONG:
It is pointed out, that - limited to the direct material damage to the vehicle carried along that occurred during the transportation and due to the fault of the transport enterprise, differing from Art. 423 of the law on shipping - the “Moby” waives the entitlement to the compensation limit of 103,29 €, as long as all other legal and contractual conditions are fulfilled that entitle a claim to compensation for such damage. This will therefore be compensated integrally, without any upper limits. The waiver mentioned above makes the submission of a declaration concerning the value of the vehicle carried along in superfluous.

16.-CARRIAGE OF PREGNANT WOMEN:
Possible up to and including 6 months, after that, traveling is possible only with a doctor’s note (not older than 48 hours) that, from a medical point of view, does not refuse the journey. With a high-risk pregnancy, a doctor’s certificated travel permission is always necessary.

17.-CHILDREN AND YOUNG PEOPLE
from the age of 12 up to and including 17 shall be allowed to travel alone, if a corresponding permission of a legal guardian has been submitted (the document must be in Italian language and comprise a copy of the legal guardians ID or passport) or if an adult group leader accepts responsibility. Children under the age of 12 will only be allowed to travel if accompanied by an adult. Going to Corsica or Toulon, minors must present valid identification papers. The transport of children less than 4 years of age is included in the price. However, they do not have the right on a seat or a cabin bed. Children from 4 years of age to 11 inclusive may travel at a 50% discount of the passenger rate (without taxes, surcharges).

18.-VEHICLE LICENSE PLATE NO:
Due to existing security regulations, ferry companies have to inform the port authorities about the vehicle license plate no. of each vehicle. Therefore passengers are obligated to indicate this with booking. In case that this wasn’t done, it can be done while embarkation. It is not necessary for transits to/from Elba at this moment.

19.-ANNOUNCEMENTS:
Requests for refunds, complaints are required within 30 days after departure in written form. Reimbursements can be applied only for through the agency where the ticket was purchased and when the ticket has been certified (per crossing) with the date, stamp and duly signed by an agency, by Moby, the authorized port agent or purser within.

20.-LOST OBJECTS:
If the passenger forgets or loses personal objects on board, he can address himself to the reception of the ship. If debarkation already has taken place, the passenger can download a standard form from Moby’s Homepage and send it filled in by e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . The corresponding department will effect investigations and inform about the result. The shipping company doesn’t give refunds for objects lost or forgotten on board.

21.-MEDICAL CARE:
A doctor is on board during our longer crossings, who helps in emergency or with breaking out sickness. However, s/he is not responsible for sick people, who generally require medical care during the journey. There for a suitable person must be taken along and a doctor’s certificate (not older than 48 hours) must be presented on demand. The carrier can refuse carriage if an appropriate certificate is not presented or in case of illness arising before or during embarkation. Also passengers, who can be a danger to themselves and others, e.g. through non-registered illness, under the influence of alcohol, hallucinogenic etc. can be refused to embark and/or the passenger can be made liable for all damages caused to the ship, carrier or third parties.

22.-UPDATING GENERAL CONDITIONS:
After prospectus print, necessary changes to the General Terms of Transport for passengers with and without vehicle, the prices or the departures are published on the Internet at www.mobylines.com.

23.-GROUPS:
Moby issues particular group conditions and rates. These are gladly communicated on inquiry.

24.-FREIGHT:
Trucks, delivery vehicles (longer than 6m) and vehicles with more than 1500 kg of burden or empty or loaded vehicles and any delivery vehicles, which are designated for freight transport are not considered as special vehicles but as freight vehicles. Those must be booked separately. Please send your requests by mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by fax to 0039 0586 209909.

25.-PROCUREMENT CLAUSE:
MOBY Lines Europe GmbH, Wilhelmstraße 36-38, 65183 Wiesbaden, procures transfers by ferry as European central reservation office for the transport company MOBY S.p.A., registered office at Via Conservatorio 17, 20122 Milano, Italy and/or for Moby France S.A.S., 4, Rue Cdt. Luce de Casabianca - 20200 Bastia, France. The contract of carriage will be concluded exclusively between the passenger and the transport company, MOBY S.p.A. Milano, Italy and/or MOBY FRANCE S.A.S. The TRAVEL CONDITONS for the transport of passengers with and without vehicle issued by MOBY S.p.A. and/or MOBY FRANCE S.A.S. in the respective valid version apply to the ferry transport exclusively. MOBY Lines Europe GmbH,Wiesbaden, Germany, is exclusively liable for the proper acceptance and processing of the travel contract. Any liability of MOBY Lines Europe GmbH, Wiesbaden, due to the execution of the transport contract is excluded.

26.-JURISDICTION:
For the transport of passengers with and without vehicle, Italian or French law shall be applicable. The legal venue is Milan (Italy) and / or Bastia (France).

27.-INSURANCE:
We recommend a cancellation insurance.